[Federal Register Volume 86, Number 230 (Friday, December 3, 2021)]
[Notices]
[Pages 68638-68640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26292]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-897]


Large Diameter Welded Pipe From the Republic of Korea: Final 
Results of Antidumping Duty Administrative Review; 2018-2020

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

SUMMARY: The Department of Commerce (Commerce) determines that the 
producers or exporters subject to this administrative review did not 
make sales of large diameter welded pipe from the Republic of Korea in 
the United States at prices below normal value (NV) during the period 
of review (POR), August 27, 2018, through April 30, 2020.

DATES: Applicable December 3, 2021.

FOR FURTHER INFORMATION CONTACT: Sergio Balbontin or Katherine Johnson, 
AD/CVD Operations, Office VIII, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-6478 
or (202) 482-4929, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 30, 2021, Commerce published the preliminary results of 
this administrative review.\1\ The review covers 20 producers or 
exporters of subject merchandise. We invited interested parties to 
comment on the Preliminary Results. A summary of the events that 
occurred since Commerce published the Preliminary Results, as well as a 
full discussion of the issues raised by parties for these final 
results, are discussed in the Issues and Decision Memorandum.\2\ 
Commerce conducted this review in accordance with section 751(a) of the 
Tariff Act of 1930, as amended (the Act).
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    \1\ See Large Diameter Welded Pipe from the Republic of Korea: 
Preliminary Results of Antidumping Duty Administrative Review; 
2018--2020, 86 FR 41010 (July 30, 2021) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum (PDM).
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results in the 2018-2020 Antidumping Duty Administrative 
Review: Diameter Welded Pipe from the Republic of Korea,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
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Scope of the Order 3
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    \3\ See Large Diameter Welded Pipe from the Republic of Korea: 
Amended Final Affirmative Antidumping Determinations and Antidumping 
Duty Orders, 84 FR 18767 (May 2, 2019) (Order); see also Large 
Diameter Welded Pipe from the Republic of Korea: Final Results of 
Antidumping Duty and Countervailing Duty Changed Circumstances 
Reviews, 85 FR 51679 (August 21, 2020).
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    The merchandise covered by the Order is welded carbon and alloy 
steel pipe (other than stainless steel pipe), more than 406.4 mm (16 
inches) in nominal outside diameter (large diameter welded pipe), 
regardless of wall thickness, length, surface finish, grade, end 
finish, or stenciling. Imports of the product are currently 
classifiable in the Harmonized Tariff Schedule of the United States 
(HTSUS) under subheadings 7305.11.1030, 7305.11.1060, 7305.11.5000, 
7305.12.1030, 7305.12.1060, 7305.12.5000, 7305.19.1030, 7305.19.1060, 
7305.19.5000, 7305.31.4000, 7305.31.6090, 7305.39.1000 and 
7305.39.5000. While the HTSUS subheadings are provided for convenience 
and customs purposes, the written description of the scope of this 
order is dispositive. For a complete description of the scope of the 
Order,

[[Page 68639]]

see the Issues and Decision Memorandum.

Analysis of Comments Received

    All issues raised in the parties' case and rebuttal briefs are 
addressed in the Issues and Decision Memorandum and are listed in 
Appendix I to this notice.\4\ The Issues and Decision Memorandum is a 
public document and 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 
https://access.trade.gov. In addition, a complete version of the Issues 
and Decision Memorandum can be accessed directly at http://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \4\ See Appendix I.
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Changes Since the Preliminary Results

    Based on the comments received from interested parties and record 
information, we made no changes to our preliminary weighted-average 
dumping margin calculations for Hyundai RB Co., Ltd. (Hyundai RB) and 
Hyundai Steel Company (Hyundai Steel).

Rate for Non-Examined Respondents

    The statute and Commerce's regulations do not address the 
establishment of a weighted-average dumping margin to be determined for 
companies not selected for individual examination when Commerce limits 
its examination in an administrative review pursuant to section 
777A(c)(2) of the Act. Generally, Commerce looks to section 735(c)(5) 
of the Act, which provides instructions for calculating the all-others 
rate in an investigation, for guidance when determining the weighted-
average dumping margin for companies which were not selected for 
individual examination in an administrative review. 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 
investigated, excluding any zero and de minimis margins, and any 
margins determined entirely {on the basis of facts available{time} .''
    In this review, we calculated a weighted-average dumping margin for 
each of the mandatory respondents, Hyundai RB, and Hyundai Steel, that 
is zero percent. Where the rates for the individually examined 
companies are all zero, de minimis, or determined entirely using facts 
available, section 735(c)(5)(B) of the Act instructs that Commerce 
``may use any reasonable method to establish the estimated all-others 
rate for exporters and producers not individually investigated, 
including averaging the estimated weighted average dumping margins 
determined for the exporters and producers individually investigated.'' 
One such reasonable method is to weight average the zero and de minimis 
rates, and the rates determined entirely pursuant to facts available. 
In fact, the SAA states that this is the ``expected'' method in such 
circumstances.\5\ Accordingly, we have determined the weighted-average 
dumping margin for the eighteen companies that were not selected for 
individual examination based on the weighted average of the weighted-
average dumping margins calculated for Hyundai RB and Hyundai Steel, 
i.e., zero percent, consistent with section 735(c)(5)(B) of the Act. 
These are the only rates determined in this review for individually 
examined companies, and, thus, are applied to the eighteen firms not 
selected for individual examination.
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    \5\ See Statement of Administrative Action Accompanying the 
Uruguay Round Agreements Act, H.R. Doc. 103-316, vol. 1 (1994) (SAA) 
at 873.
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Final Results of the Review

    As a result of this review, we determine the following weighted-
average dumping margins exist for the POR:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Exporter or producer                        dumping
                                                                margin
                                                               (percent)
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Hyundai RB Co., Ltd.........................................        0.00
Hyundai Steel Company.......................................        0.00
Non-Examined Companies \6\..................................        0.00
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Disclosure
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    \6\ See Appendix II.
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    Normally, Commerce discloses to the parties in a proceeding the 
calculations that it performed in connection with the final results of 
review in accordance with 19 CFR 351.224(b). However, because we made 
no changes to our preliminary weighted-average dumping margin 
calculations for Hyundai RB and Hyundai Steel, there are no 
calculations to disclose.

Assessment Rates

    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 these final results of 
review.\7\ Because the weighted-average dumping margin for the 
companies listed above is zero percent, we intend to instruct CBP to 
liquidate the appropriate entries without regard to antidumping 
duties.\8\
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    \7\ See 19 CFR 351.212(b).
    \8\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101, 8102 (February 14, 
2012).
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    Commerce's ``reseller policy'' will apply to entries of subject 
merchandise during the POR produced by Hyundai Steel or Hyundai RB for 
which these companies did not know that the merchandise that they sold 
to an intermediary company (e.g., a reseller, trading company, or 
exporter) was destined for the United States. In such instances, we 
will instruct CBP to liquidate the unreviewed entries at the all-others 
rate if there is no rate for the intermediate company(ies) involved in 
the transaction.\9\
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    \9\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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    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).

Cash Deposit Requirements

    The following 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 the companies 
listed above in the final results of this review will be equal to the 
weighted-average dumping margin established in the final results of 
this administrative review (i.e., zero percent); (2) for previously 
investigated or reviewed companies not subject to this review, 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, a prior review, or the original less-than-fair-value (LTFV) 
investigation, but the producer is, the cash deposit rate will be the 
rate established for the most recently completed segment of the 
proceeding for the producer of the merchandise; and (4) the cash 
deposit rate for all other

[[Page 68640]]

producers and exporters will continue to be 7.08 percent ad valorem, 
the all-others rate established in the LTFV investigation.\10\ These 
cash deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \10\ See Order.
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Notification to Importers Regarding the Reimbursement of Duties

    This notice also 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 the POR. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of antidumping duties occurred and the subsequent assessment of double 
antidumping duties.

Notification Regarding Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction 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 the return or 
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

    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5).

    Dated: November 29, 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. Scope of the Order
IV. Discussion of the Issues
    Comment 1: Whether Commerce Should Find a Cost-Based Particular 
Market Situation in Korea
    Comment 2: Voluntary Respondent Status for SeAH Steel 
Corporation
V. Recommendation

Appendix II

Companies Not Selected for Individual Examination

1. AJU Besteel Co., Ltd.
2. Chang Won Bending Co., Ltd.
3. Daiduck Piping Co., Ltd.
4. Dong Yang Steel Pipe Co., Ltd.
5. Dongbu Incheon Steel Co., Ltd.
6. EEW KHPC Co., Ltd.
7. EEW Korea Co., Ltd.
8. Histeel Co., Ltd.
9. Husteel Co., Ltd.
10. Kiduck Industries Co., Ltd.
11. Kum Kang Kind. Co., Ltd.
12. Kumsoo Connecting Co., Ltd.
13. Nexteel Co., Ltd.
14. SeAH Steel Corporation
15. Seonghwa Industrial Co., Ltd.
16. SIN-E B&P Co., Ltd.
17. Steel Flower Co., Ltd.
18. WELTECH Co., Ltd.

[FR Doc. 2021-26292 Filed 12-2-21; 8:45 am]
BILLING CODE 3510-DS-P