[Federal Register Volume 87, Number 107 (Friday, June 3, 2022)]
[Notices]
[Pages 33723-33725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-11956]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-897]


Large Diameter Welded Pipe From the Republic of Korea: 
Preliminary Results of Antidumping Duty Administrative Review and 
Partial Rescission; 2020-2021

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that Hyundai RB Co., Ltd. (Hyundai RB) made sales of large diameter 
welded pipe (welded pipe) from the Republic of Korea (Korea) at prices 
below normal value (NV), while Hyundai Steel Company (Hyundai Steel) 
did not make sales of the subject merchandise at prices below NV during 
the period of review (POR), May 1, 2020, through April 30, 2021. 
Commerce further determines that sales by the non-examined companies 
were made at prices below NV. We invite interested parties to comment 
on these preliminary results.

DATES: Applicable June 3, 2022.

FOR FURTHER INFORMATION CONTACT: Katherine Johnson or Samantha Kinney, 
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) 482-4929 
or (202) 482-2285, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On May 2, 2019, Commerce published the antidumping duty order on 
welded pipe from Korea.\1\ On July 6, 2021, in accordance with 19 CFR 
351.221(c)(1)(i), Commerce initiated an administrative review of the 
Order.\2\
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    \1\ See Large Diameter Welded Pipe from the Republic of Korea: 
Amended Final Affirmative Antidumping Determination and Antidumping 
Duty Order, 84 FR 18767 (May 2, 2019) (Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 86 FR 35481 (July 6, 2021).
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    Pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as 
amended (the Act), on December 29, 2021, Commerce determined that it 
was not practicable to complete the preliminary results of this review 
within 245 days and extended the deadline for the preliminary results 
of this review by 120 days, until May 31, 2022.\3\
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    \3\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of 2020-2021 Antidumping Duty Administrative Review,'' dated 
December 29, 2021.
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    For a detailed description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\4\ 
The Preliminary Decision Memorandum is a public document and is 
available 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 found at https://

[[Page 33724]]

access.trade.gov/public/FRNoticesListLayout.aspx.
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    \4\ See Memorandum, ``Large Diameter Welded Pipe from the 
Republic of Korea: Decision Memorandum for the Preliminary Results 
of Antidumping Duty Administrative Review; 2020-2021,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
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Scope of the Order

    The product covered by the Order is welded pipe from Korea. For a 
full description of the scope, see the Preliminary Decision Memorandum.

Partial Rescission of Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if the party who requested 
the review withdraws the request within 90 days of the date of 
publication of the notice of initiation of the requested review. On 
October 4, 2021, the Domestic Interested Party \5\ timely withdrew its 
request for reviews of EM Solution Co., Ltd.; Hansol Metal Co., Ltd.; 
Hawin; Hyosung; POSCO; and Samkang M&T Co., Ltd.\6\ Because there was a 
timely withdrawal of all requests for review of these six companies, we 
are rescinding this review with respect to these companies, pursuant to 
19 CFR 351.213(d)(1).
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    \5\ The Domestic Interested Party is the American Line Pipe 
Producers Association Trade Committee.
    \6\ See Domestic Interested Party's Letter, ``Partial Withdrawal 
of Request for Administrative Review,'' dated October 4, 2021.
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Methodology

    Commerce is conducting this review in accordance with section 
751(a) of the Act. For a full description of the methodology underlying 
these preliminary results, see the Preliminary Decision Memorandum. A 
list of topics included in the Preliminary Decision Memorandum is 
included as Appendix I to this notice.

Rate for Non-Selected Companies

    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, the preliminary weighted-average dumping margin for 
Hyundai RB is not zero, de minimis, or based entirely on facts 
otherwise available, whereas Hyundai Steel's preliminary weighted-
average dumping margin is zero. Therefore, Commerce has preliminarily 
assigned a weighted-average dumping margin to the non-examined 
companies that is equal to the weighted-average dumping margin for 
Hyundai RB in accordance with its practice.\7\
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    \7\ See, e.g., Certain Corrosion-Resistant Steel Products from 
Taiwan: Final Results of the Antidumping Duty Administrative Review 
and Final Determination of No Shipments; 2018-1019, 86 FR 28554, 
28555 (May 27, 2021).
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Preliminary Results of the Review

    We preliminarily determine that the following weighted-average 
dumping margins exist for the period May 1, 2020, through April 30, 
2021:
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    \8\ See Appendix II.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Exporter or producer                        dumping
                                                                margin
                                                               (percent)
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Hyundai RB Co., Ltd.........................................        2.67
Hyundai Steel Company.......................................        0.00
Non-Examined Companies \8\..................................        2.67
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Disclosure and Public Comment

    We intend to disclose the calculations performed for these 
preliminary results to interested parties with an Administrative 
Protective Order within five days after the date of public announcement 
of the preliminary results.\9\
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    \9\ See 19 CFR 351.224(b).
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    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.\10\ Rebuttal briefs, limited to issues raised in the case 
briefs, may be filed not later than seven days after the date for 
filing case briefs.\11\ 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.\12\ Executive summaries should be limited 
to five pages total, including footnotes.
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    \10\ See 19 CFR 351.309(c)(1)(ii).
    \11\ See 19 CFR 351.309(d)(1) and (2); see also Temporary Rule 
Modifying AD/CVD Service Requirements Due to COVID-19, 85 FR 17006 
(March 26, 2020); and Temporary Rule Modifying AD/CVD Service 
Requirements Due to COVID-19; Extension of Effective Period, 85 FR 
41363 (July 10, 2020) (Temporary Rule).
    \12\ See 19 CFR 351.309(c)(2) and (d)(2).
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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, within 30 days after the date of publication of this notice. 
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. Issues raised in the hearing will be limited to those raised 
in the respective case and rebuttal briefs. If a request for a hearing 
is made, Commerce intends to hold the hearing at a date and time to be 
determined.
    All briefs and hearing requests must be filed electronically using 
ACCESS \13\ and must be served on interested parties.\14\ An 
electronically filed document must be received successfully in its 
entirety by ACCESS by 5:00 p.m. Eastern Time. Note that Commerce has 
temporarily modified certain of its requirements for serving documents 
containing business proprietary information, until further notice.\15\
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    \13\ See 19 CFR 351.303.
    \14\ See 19 CFR 351.303(f).
    \15\ See Temporary Rule.
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Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 
351.212(b)(1), Commerce intends to determine, and U.S. Customs and 
Border Protection (CBP) shall assess, antidumping duties on all 
appropriate entries of subject merchandise covered by this review. 
Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after the date of publication of the final results of this 
administrative 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).
    For an individually examined respondent whose weighted-average 
dumping margin is not zero or de minimis (i.e., less than 0.50 
percent), upon completion of the final results, Commerce intends to 
calculate importer-specific antidumping duty assessment rates on the 
basis of the ratio of the total amount of dumping calculated for each 
importer's examined sales to the total entered value of those sales. 
Where we do not have entered values for all U.S. sales to a particular 
importer, we will calculate an importer-

[[Page 33725]]

specific, per-unit assessment rate on the basis of the ratio of the 
total amount of dumping calculated for the importer's examined sales to 
the total quantity of those sales.\16\ To determine whether an 
importer-specific, per-unit assessment rate is de minimis, in 
accordance with 19 CFR 351.106(c)(2), we also will calculate an 
importer-specific ad valorem ratio based on estimated entered values. 
Where either a respondent's weighted-average dumping margin is zero or 
de minimis, or an importer-specific assessment rate is zero or de 
minimis, we intend to instruct CBP to liquidate appropriate entries 
without regard to antidumping duties.\17\
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    \16\ See 19 CFR 351.212(b)(1).
    \17\ See 19 CFR 351.106(c)(2); see also Antidumping Proceeding: 
Calculation of the Weighted-Average Dumping Margin and Assessment 
Rate in Certain Antidumping Proceedings; Final Modification, 77 FR 
8101, 8103 (February 14, 2012).
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    For entries of subject merchandise during the POR produced by each 
individually examined respondent for which it did not know its 
merchandise was destined for the United States, we intend to instruct 
CBP to liquidate such 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\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    For the companies which were not selected for individual 
examination, we intend to assign an antidumping duty assessment rate 
equal to the weighted-average dumping margin determined for the non-
examined companies in the final results of review.
    For the companies for which we have rescinded this review, Commerce 
intends to instruct CBP to assess antidumping duties on all appropriate 
entries at a rate equal to the cash deposit rate of estimated 
antidumping duties required at the time of entry, or withdrawal from 
warehouse, for consumption, during the period May 1, 2020, through 
April 30, 2021, in accordance with 19 CFR 351.212(c)(1)(i). Commerce 
intends to issue assessment instructions to CBP for the rescinded 
companies no earlier than 35 days after the date of publication of the 
preliminary results of this administrative review in the Federal 
Register.
    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 cash deposits of 
estimated antidumping duties, where applicable.\19\
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    \19\ See section 751(a)(2)(C) of the Act.
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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 the companies 
listed above will be equal to the weighted-average dumping margin 
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 reviewed or investigated companies not covered in 
this review, including the six companies for which Commerce is 
rescinding 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 was reviewed; (3) if the 
exporter is not a firm covered in this review, a prior completed 
review, or the less-than-fair value (LTFV) investigation, but the 
producer is, then the cash deposit rate will be the company-specific 
rate established for the most recently-completed segment of this 
proceeding for the producer of subject merchandise; and (4) the cash 
deposit rate for all other producers and exporters will continue to be 
7.08 percent, the all-others rate established in the LTFV 
investigation.\20\
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    \20\ See Order.
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    These cash deposit requirements, when imposed, shall remain in 
effect until further notice.

Final Results of the Review

    Unless otherwise extended, Commerce intends to issue the final 
results of this administrative review, including the results of our 
analysis of issues raised by the parties in the written comments, 
within 120 days of publication of these preliminary results in the 
Federal Register, pursuant to section 751(a)(3)(A) of the Act and 19 
CFR 351.213(h)(1).

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 doubled 
antidumping duties.

Notification to Interested Parties

    These preliminary results are issued and published in accordance 
with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
351.221(b)(4).

    Dated: May 27, 2022.
Lisa W. Wang,
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. Partial Rescission of Review
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation

Appendix II

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

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. SeAH Steel, Co., Ltd.
16. Seonghwa Industrial Co., Ltd.
17. SIN-E B&P Co., Ltd.
18. Steel Flower Co., Ltd.
19. WELTECH Co., Ltd.

[FR Doc. 2022-11956 Filed 6-2-22; 8:45 am]
BILLING CODE 3510-DS-P