[Federal Register Volume 86, Number 201 (Thursday, October 21, 2021)]
[Notices]
[Pages 58253-58255]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-22997]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-876]


Welded Line Pipe From the Republic of Korea: Final Results of 
Antidumping Duty Administrative Review; 2018-2019

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) finds that the 
producers/exporters subject to this administrative review did not make 
sales of subject merchandise at less than normal value during the 
period of review (POR) December 1, 2018, through November 30, 2019.

DATES: Applicable October 21, 2021.

FOR FURTHER INFORMATION CONTACT: David Goldberger or Adam Simons, AD/
CVD Operations, Office II, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-4136 or (202) 
482-6172, respectively.

SUPPLEMENTARY INFORMATION:

Background

    This review covers 30 producers/exporters of the subject 
merchandise. Commerce selected two companies, NEXTEEL Co., Ltd. 
(NEXTEEL) and SeAH Steel Corporation (SeAH), for individual 
examination.\1\ The producers/exporters not selected for individual 
examination are listed in Appendix II.
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    \1\ See Memorandum, ``2018-2019 Antidumping Duty Administrative 
Review of Welded Line Pipe from the Republic of Korea: Respondent 
Selection,'' dated March 2, 2020.
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    On April 20, 2021, Commerce published the Preliminary Results and 
invited parties to comment on the Preliminary Results.\2\ On May 20, 
2021, we received case briefs from the Domestic Interested Parties,\3\ 
NEXTEEL, and SeAH. On June 1, 2021, we received rebuttal briefs from 
the Domestic Interested Parties, NEXTEEL, SeAH, and Husteel Co., Ltd. 
On July 29, 2021, we postponed the final results to no later than 
October 15, 2021.\4\ For a complete description of the events that 
occurred since the Preliminary Results, see the Issues and Decision 
Memorandum.\5\
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    \2\ See Welded Line Pipe from the Republic of Korea: Preliminary 
Results of Antidumping Duty Administrative Review; 2018-2019, 86 FR 
20484, 20486 (April 20, 2021) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum.
    \3\ The Domestic Interested Parties are California Steel 
Industries; Welspun Tubular LLC USA; Stupp Corporation; American 
Cast Iron Pipe Company; Maverick Tube Corporation; and IPSCO 
Tubulars Inc.
    \4\ See Memorandum, ``Welded Line Pipe from the Republic of 
Korea: Extension of Time Limit for Final Results of 2018-2019 
Antidumping Duty Administrative Review,'' dated July 29, 2021.
    \5\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2018-2019 Administrative Review of the 
Antidumping Duty Order on Welded Line Pipe from Korea,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).

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[[Page 58254]]

Scope of the Order

    The merchandise subject to the Order is welded line pipe.\6\ The 
product is currently classified under the following Harmonized Tariff 
Schedule of the United States (HTSUS) item numbers: 7305.11.1030, 
7305.11.1060, 7305.11.5000, 7305.12.1030, 7305.12.1060, 7305.12.5000, 
7305.19.1030, 7305.19.5000, 7306.19.1010, 7306.19.1050, 7306.19.5110, 
and 7306.19.5150. Although the HTSUS numbers are provided for 
convenience and for customs purposes, the written product description 
remains dispositive.
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    \6\ For a complete description of the scope of the order, see 
the Issues and Decision Memorandum; see also Welded Line Pipe from 
the Republic of Korea and the Republic of Turkey: Antidumping Duty 
Orders, 80 FR 75056, 75057 (December 1, 2015) (Order).
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs are listed in 
Appendix I to this notice and addressed in the Issues and Decision 
Memorandum. Interested parties can find a complete discussion of these 
issues and the corresponding recommendations in this public memorandum, 
which is on file electronically via Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (ACCESS). ACCESS is available to registered users at http://access.trade.gov. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding our Preliminary Results, we made certain 
changes to the calculation of the preliminary weighted-average dumping 
margin for NEXTEEL.\7\ These changes, however, did not result in a 
change to the weighted-average dumping margin calculated for NEXTEEL 
from the Preliminary Results.
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    \7\ See Issues and Decision Memorandum at 3. We made no changes 
to the calculation of SeAH's preliminary weighted-average dumping 
margin.
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Final Results of the Review

    As a result of this review, we determine the following weighted-
average dumping margins for the period December 1, 2018, through 
November 30, 2019:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                  Producer or exporter                        dumping
                                                              margin
                                                             (percent)
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NEXTEEL Co., Ltd........................................            0.00
SeAH Steel Corporation..................................            0.00
Companies Not Selected for Individual Review \8\........            0.00
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Review-Specific Rate for Companies Not Selected for Individual Review
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    \8\ Under section 735(c)(5)(A) of the Act, the all-others rate 
is normally ``an amount equal to the weighted average of the 
estimated weighted-average dumping margins established for exporters 
and producers individually examined, excluding any margins that are 
zero or de minimis margins, and any margins determined entirely {on 
the basis of facts available{time} .'' For these final results, we 
have calculated weighted-average dumping margins for NEXTEEL and 
SeAH that are zero or de minimis, and we have not calculated any 
margins which are not zero, de minimis, or determined entirely on 
the basis of facts available. Accordingly, we have assigned to the 
companies not individually examined a margin of zero percent. The 
exporters/producers subject to this review, but not selected for 
individual review, are listed in Appendix II.
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    The dumping margins for the exporters/producers not selected for 
individual review are listed in Appendix II.

Disclosure of Calculations

    We intend to disclose the calculations performed for NEXTEEL in 
connection with these final results to interested parties within five 
days of the date of publication of this notice, in accordance with 19 
CFR 351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Tariff Act of 1930, as 
amended (the Act), and 19 CFR 351.212(b)(1), Commerce has determined, 
and U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries of subject merchandise in accordance 
with the final results of this review.
    Pursuant to 19 CFR 351.212(b)(1), NEXTEEL reported the entered 
value of its U.S. sales such that we calculated importer-specific ad 
valorem duty assessment rates based on the ratio of the total amount of 
dumping calculated for the examined sales to the total entered value of 
the sales for which entered value was reported. SeAH did not report 
actual entered value for all of its U.S. sales; in such instances, we 
calculated importer-specific per-unit duty assessment rates by 
aggregating the total amount of antidumping duties calculated for the 
examined sales and dividing this amount by the total quantity of those 
sales. Where either the respondent's weighted-average dumping margin is 
zero or de minimis within the meaning of 19 CFR 351.106(c)(1), or an 
importer-specific assessment rate is zero or de minimis, we will 
instruct CBP to liquidate the appropriate entries without regard to 
antidumping duties.
    For the companies which were not selected for individual review, 
because we are assigning these companies an assessment rate based on 
the deposit rate calculated for NEXTEEL and SeAH,\9\ we will instruct 
CBP to liquidate the appropriate entries without regard to antidumping 
duties. The final results of this review shall be the basis for the 
assessment of antidumping duties on entries of merchandise covered by 
the final results of this review and for future deposits of estimated 
duties, where applicable.\10\
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    \9\ See supra at n.11.
    \10\ See section 751(a)(2)(C) of the Act.
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    Commerce's ``automatic assessment'' practice will apply to entries 
of subject merchandise during the POR produced by NEXTEEL or SeAH for 
which the reviewed companies did not know that the merchandise they 
sold to the intermediary (e.g., a reseller, trading company, or 
exporter) was destined for the United States. In such instances, we 
will instruct CBP to liquidate unreviewed entries at the all-others 
rate if there is no rate for the intermediate company(ies) involved in 
the transaction.\11\
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    \11\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    Consistent with its recent notice,\12\ Commerce intends to issue 
assessment instructions to CBP no earlier than 35 days after the date 
of publication of the final results of this review in the Federal 
Register. If a timely summons is filed at the U.S. Court of 
International Trade, the assessment instructions will direct CBP not to 
liquidate relevant entries until the time for parties to file a request 
for a statutory injunction has expired (i.e., within 90 days of 
publication).
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    \12\ See Notice of Discontinuation of Policy to Issue 
Liquidation Instructions After 15 Days in Applicable Antidumping and 
Countervailing Duty Administrative Proceedings, 86 FR 884 (January 
15, 2021).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) The cash deposit rate for each specific 
company listed above will be equal to the weighted-average dumping 
margin

[[Page 58255]]

that is established in the final results of this review, except if the 
rate is less than 0.50 percent and, therefore, de minimis within the 
meaning of 19 CFR 351.106(c)(1), in which case the cash deposit rate 
will be zero; (2) for previously investigated or reviewed companies not 
listed above, the cash deposit rate will continue to be the company-
specific rate published for the most recently completed segment of this 
proceeding in which the company participated; (3) if the exporter is 
not a firm covered in this review, or the original less-than-fair-value 
(LTFV) investigation, but the manufacturer is, the cash deposit rate 
will be the cash deposit rate established for the most recently 
completed segment for the producer of the subject merchandise; and (4) 
the cash deposit rate for all other producers or exporters will 
continue to be 4.38 percent, the all-others rate established in the 
LTFV investigation.\13\ These deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \13\ See Order.
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Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Administrative Protective Order

    This notice serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3), which continues to govern 
business proprietary information in this segment of the proceeding. 
Timely written notification of return/destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and the terms of an APO is a sanctionable 
violation.

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i)(1) of the Act.

    Dated: October 15, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, Performing the 
Non-Exclusive Functions and Duties of the Assistant Secretary for 
Enforcement and Compliance.

Appendix I--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. Background
III. Margin Calculations
IV. Discussion of the Issues
    Comment 1: Existence of a Particular Market Situation
    Comment 2: Differential Pricing Methodology
    Comment 3: Non-Prime Costs for NEXTEEL
    Comment 4: Suspended Production Loss for NEXTEEL
    Comment 5: Billing Adjustments for NEXTEEL
    Comment 6: Capping of Freight Revenue for SeAH
    Comment 7: G&A Expense Adjustment for State Pipe & Supply, Inc.
    Comment 8: SeAH's Constructed Export Price Offset Claim
V. Recommendation

Appendix II--Review-Specific Average Rate Applicable to Companies Not 
Selected for Individual Review

1. AJU Besteel Co., Ltd.
2. Daewoo International Corporation
3. Dong Yang Steel Pipe
4. Dongbu Incheon Steel Co.
5. Dongbu Steel Co., Ltd.
6. Dongkuk Steel Mill
7. EEW Korea Co., Ltd.
8. HISTEEL Co., Ltd.
9. Husteel Co., Ltd.
10. Hyundai RB Co. Ltd.
11. Hyundai Steel Company/Hyundai HYSCO
12. Keonwoo Metals Co., Ltd.
13. Kolon Global Corp.
14. Korea Cast Iron Pipe Ind. Co., Ltd.
15. Kurvers Piping Italy S.R.L.
16. Miju Steel MFG Co., Ltd.
17. MSTEEL Co., Ltd.
18. Poongsan Valinox (Valtimet Division)
19. POSCO
20. POSCO Daewoo
21. R&R Trading Co. Ltd.
22. Sam Kang M&T Co., Ltd.
23. Sin Sung Metal Co., Ltd.
24. SK Networks
25. Soon-Hong Trading Company
26. Steel Flower Co., Ltd.
27. TGS Pipe
28. Tokyo Engineering Korea Ltd.

[FR Doc. 2021-22997 Filed 10-20-21; 8:45 am]
BILLING CODE 3510-DS-P