[Federal Register Volume 86, Number 232 (Tuesday, December 7, 2021)]
[Notices]
[Pages 69225-69227]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26465]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-809]


Circular Welded Non-Alloy Steel Pipe From the Republic of Korea: 
Preliminary Results of Antidumping Duty Administrative Review and 
Preliminary Determination of No Shipments; 2019-2020

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

SUMMARY: The Department of Commerce (Commerce) preliminarily finds that 
circular welded non-alloy steel pipe (CWP) from the Republic of Korea 
(Korea) was sold at prices below normal value. The period of review 
(POR) is November 1, 2019, through October 31, 2020. We invite 
interested parties to comment on these preliminary results.

DATES: Applicable December 7, 2021.

FOR FURTHER INFORMATION CONTACT: Dusten Hom and Richard Roberts, AD/CVD 
Operations, Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington DC 20230; telephone: (202) 482-5075 and (202) 482-3464, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    These preliminary results are made in accordance with section 
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
published the notice of initiation of this administrative review on 
January 6, 2021.\1\ Commerce selected Husteel Co., Ltd. (Husteel) and 
Hyundai Steel Company (Hyundai Steel) as the two mandatory respondents 
in this review.\2\ On July 2, 2021, Commerce extended the time limit 
for issuing the preliminary results of this review by 120 days, to no 
later than November 30, 2021.\3\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 86 FR 511 (January 6, 2021).
    \2\ See Memorandum, ``Antidumping Duty Administrative Review of 
Circular Welded Non-Alloy Steel Pipe from the Republic of Korea: 
Respondent Selection,'' dated February 18, 2021.
    \3\ See Memorandum, ``Circular Welded Non-Alloy Steel Pipe from 
the Republic of Korea: Extension of Deadline for Preliminary Results 
of 2019-2020 Antidumping Administrative Review,'' dated July 2, 
2021.
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    For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\4\ 
A list of topics

[[Page 69226]]

included in the Preliminary Decision Memorandum is included as Appendix 
I to this notice. The Preliminary 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 Preliminary 
Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of Antidumping Duty Administrative Review and Preliminary 
Determination of No Shipments: Circular Welded Non-Alloy Steel Pipe 
from the Republic of Korea: 2019-2020,'' dated concurrently with 
these preliminary results and hereby adopted by this notice 
(Preliminary Decision Memorandum).
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Scope of the Order 5
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    \5\ See Notice of Antidumping Duty Orders: Certain Circular 
Welded Non-Alloy Steel Pipe from Brazil, the Republic of Korea 
(Korea), Mexico, and Venezuela, and Amendment to Final Determination 
of Sales at Less Than Fair Value: Certain Circular Welded Non-Alloy 
Steel Pipe from Korea, 57 FR 49453 (November 2, 1992) (Order).
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    The merchandise subject to the Order is CWP from Korea. A full 
description of the scope, see the Preliminary Decision Memorandum.\6\
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    \6\ For a full description of the scope of the Order, see 
Preliminary Decision Memorandum.
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Methodology

    Commerce is conducting this review in accordance with section 
751(a) of the Act. Constructed export prices have been calculated in 
accordance with section 772(b) of the Act. Normal value is calculated 
in accordance with section 773 of the Act. For a full description of 
the methodology underlying these preliminary results, see the 
Preliminary Decision Memorandum.

Preliminary Determination of No Shipments

    On February 5, 2021, HiSteel Co., Ltd (HiSteel) submitted a letter 
certifying that it had no exports or sales of subject merchandise into 
the United States during the POR.\7\ U.S. Customs and Border Protection 
(CBP) did not have any information to contradict this claim of no 
shipments during the POR.\8\ Therefore, we preliminarily determine that 
HiSteel did not have any shipments of subject merchandise during the 
POR. Consistent with Commerce's practice, we will not rescind the 
review with respect to HiSteel but will complete the review and issue 
instructions to CBP based on the final results.
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    \7\ See HiSteel's Letter, ``Administrative Review of the 
Antidumping Duty Order on Circular Welded Non-Alloy Steel Pipe from 
Korea for the 2019-20 Review Period--No Shipments Letter,'' dated 
February 5, 2021.
    \8\ See Memorandum, ``Welded Non-Alloy Steel Pipe from the 
Republic of Korea (A-580-809), No Shipment Inquiry for HiSteel Co., 
Ltd. during the period 11/01/2019 through 10/31/2020,'' dated 
November 8, 2021
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Rate for Non-Selected Companies

    The statute and Commerce's regulations do not address the rate to 
be applied to companies not selected for 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 a market economy investigation, for guidance when calculating 
the rate 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 or de minimis margins, and any margins determined 
entirely {on the basis of facts available{time} .'' In this review, we 
preliminarily calculated dumping margins for the two mandatory 
respondents, Hyundai Steel and Husteel, of 1.97 and 4.07 percent, 
respectively, and we have assigned to the non-selected companies a rate 
of 3.21 percent, which is the weighted-average dumping margins of 
Husteel and Hyundai Steel weighted by their publicly ranged U.S. sales 
values.\9\
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    \9\ With two respondents under examination, Commerce normally 
calculates (A) a weighted-average of the dumping margins calculated 
for the examined respondents; (B) a simple average of the dumping 
margins calculated for the examined respondents; and (C) a weighted-
average of the dumping margins calculated for the examined 
respondents using each company's publicly-ranged U.S. sale 
quantities for the merchandise under consideration. Commerce then 
compares (B) and (C) to (A) and selects the rate closest to (A) as 
the most appropriate rate for all other producers and exporters. 
See, e.g., Ball Bearings and Parts Thereof from France, Germany, 
Italy, Japan, and the United Kingdom: Final Results of Antidumping 
Duty Administrative Reviews, Final Results of Changed-Circumstances 
Review, and Revocation of an Order in Part, 75 FR 53661, 53663 
(September 1, 2010).
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Preliminary Results of the Administrative Review

    Commerce preliminarily finds that the following weighted-average 
dumping margins exist for the period November 1, 2019, through October 
31, 2020:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
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Husteel Co., Ltd............................................        4.07
Hyundai Steel Company \10\..................................        1.97
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   Review-Specific Average Rate Applicable to the Following Companies
------------------------------------------------------------------------
Other Respondents \11\......................................        3.21
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Disclosure
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    \10\ This company is also known as Hyundai Steel Corporation; 
Hyundai Steel; and Hyundai Steel (Pipe Division).
    \11\ See Appendix II for a full list of these companies.
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    We intend to disclose the calculations performed for these 
preliminary results to interested parties within five days after the 
date of publication of this notice in accordance with 19 CFR 
351.224(b).

Public Comment

    Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs no later than 30 days after the date of publication of this 
notice. Rebuttal briefs, limited to issues raised in the case briefs, 
may be filed no later than seven days after the date for filing case 
briefs.\12\ Commerce modified certain of its requirements for serving 
documents containing business proprietary information until further 
notice.\13\ Parties who submit case briefs or rebuttal briefs in this 
proceeding are encouraged to submit with each argument: (1) A statement 
of the issue; (2) a brief summary of the argument; and (3) a table of 
authorities.\14\ Executive summaries should be limited to five pages 
total, including footnotes. Case and rebuttal briefs should be filed 
using ACCESS \15\ and must be served on interested parties.\16\ An 
electronically filed document must be received successfully in its 
entirety by Commerce's electronic records system, ACCESS, by 5:00 p.m. 
Eastern Time on the date that the document is due.
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    \12\ See 19 CFR 351.309(d).
    \13\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
    \14\ See 19 CFR 351.309(c)(2) and (d)(2).
    \15\ See generally 19 CFR 351.303.
    \16\ See 19 CFR 351.303(f).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS. An electronically filed document must be received successfully 
in its entirety by Commerce's electronic records system,

[[Page 69227]]

ACCESS, by 5:00 p.m. Eastern Time within 30 days after the date of 
publication of this notice.\17\ Requests should contain: (1) The 
party's name, address and telephone number; (2) the number of 
participants; and (3) a list of issues to be discussed. If a request 
for a hearing is made, Commerce intends to hold the hearing at a time 
and date to be determined. Issues raised in the hearing will be limited 
to those raised in the briefs. Parties should confirm the date, time, 
and location of the hearing two days before the scheduled date.
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    \17\ See 19 CFR 351.310(c).
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    Unless the deadline is extended, Commerce intends to issue the 
final results of this revies, including the results of its analysis of 
issues raised by parties in their comments, within 120 days after the 
publication of these preliminary results, pursuant to section 
751(a)(3)(A) of the Act and 19 CFR 351.213(h).

Assessment Rates

    Upon issuing the final results, Commerce will determine, and CBP 
shall assess, antidumping duties on all appropriate entries covered by 
this review. If an examined respondent's weighted-average dumping 
margin is above de minimis (i.e., 0.5 percent) in the final results of 
this review, we will calculate importer-specific ad valorem duty 
assessment rates based on the ratio of the total amount of antidumping 
duties calculated for the examined sales to the total entered value of 
the examined sales to that importer, and we will instruct CBP to assess 
antidumping duties on all appropriate entries covered by this. 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 entries of subject merchandise during the POR produced by 
Husteel or Hyundai Steel for which they did not know that the 
merchandise was destined to the United States and for all entries 
attributed to HiSteel, for which we found no shipments during the POR, 
we will instruct CBP to liquidate those entries at the all-others rate 
if there is no rate for the intermediate company(ies) involved in the 
transaction.\18\
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    \18\ 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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    For the companies that were not selected for individual review, we 
intend to assign an assessment rate based on the methodology described 
in the ``Rates for Non-Examined Companies'' section. The final results 
of this review shall be the basis for the assessment of antidumping 
duties on entries of merchandise covered by this review where 
applicable.
    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 cash deposit requirements will be effective upon 
publication in the Federal Register of the notice of final results of 
administrative review for all shipments of CWP from Korea entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication as provided by section 751(a)(2) of the Act: (1) The cash 
deposit rate for companies subject to this review will be the rates 
established in the final results of this administrative review; (2) for 
merchandise exported by a company not covered in this review but 
covered in a prior segment of the proceeding, the cash deposit rate 
will continue to be the company-specific rate published for the most 
recent period; (3) if the exporter is not a firm covered in this 
review, a prior review, or the original investigation but the producer 
is, then the cash deposit rate will be the rate established for the 
most recent period for the producer of the merchandise; (4) the cash 
deposit rate for all other producers or exporters will continue to be 
4.80 percent,\19\ the all-others rate established in the less-than-
fair-value investigation. These cash deposit requirements, when 
imposed, shall remain in effect until further notice.
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    \19\ See Order.
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Notification to Importers

    This notice serves as a preliminary 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 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 to Interested Parties

    Commerce is issuing and publishing the preliminary results of this 
review in accordance with sections 751(a)(1) and 777(i) of the Act, and 
19 CFR 351.221(b)(4).

    Dated: November 30, 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 Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Rates for Non-Examined Companies
V. Preliminary Determination of No Shipments
VI. Affiliation
VII. Discussion of the Methodology
VIII. Normal Value
IX. Currency Conversion
X. Recommendation

Appendix II--List of Companies Not Individually Examined

1. Aju Besteel
2. Bookook Steel
3. Chang Won Bending
4. Dae Ryung
5. Daewoo Shipbuilding & Marine Engineering (Dsme)
6. Daiduck Piping
7. Dong Yang Steel Pipe
8. Dongbu Steel \20\
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    \20\ This company is also known as Dongbu Steel Co., Ltd.
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9. Eew Korea Company
10. Hyundai Rb
11. Kiduck Industries
12. Kum Kang Kind
13. Kumsoo Connecting
14. Miju Steel Mfg.\21\
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    \21\ This company is also known as Miju Steel Manufacturing.
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15. Nexteel Co., Ltd.\22\
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    \22\ This company is also known as Nexteel.
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16. Samkang M&T
17. Seah Fs
18. Seah Steel \23\
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    \23\ This company is also known as Seah Steel Corporation.
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19. Steel Flower
20. Vesta Co., Ltd.
21. Ycp Co.

[FR Doc. 2021-26465 Filed 12-6-21; 8:45 am]
BILLING CODE 3510-DS-P