[Federal Register Volume 87, Number 169 (Thursday, September 1, 2022)]
[Notices]
[Pages 53725-53727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18918]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-880]


Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From 
the Republic of Korea: Preliminary Results and Rescission, in Part, of 
Antidumping Duty Administrative Review; 2020-2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) is rescinding this 
administrative review with respect to one company for which the request 
for review was timely withdrawn. Additionally, Commerce preliminarily 
determines that the sole producer/exporter that remains subject to this 
administrative review made sales of subject merchandise at less than 
normal value (NV) during the period of review (POR) September 1, 2020, 
through August 31, 2021. Interested parties are invited to comment on 
these preliminary results.

DATES: Applicable September 1, 2022.

FOR FURTHER INFORMATION CONTACT: Alice Maldonado, 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) 482-4682.

SUPPLEMENTARY INFORMATION:

Background

    On November 5, 2021, based on timely requests for review, in 
accordance with 19 CFR 351.221(c)(1)(i), we initiated an administrative 
review on heavy walled rectangular welded carbon steel pipes and tubes 
from the Republic of Korea (Korea).\1\ We initiated this review with 
respect to two producers and exporters of the subject merchandise. 
However, on December 22, 2021, Dong-A-Steel Co., Ltd. and SeAH Steel 
Corporation (collectively, DOSCO/SeAH) withdrew its request for an 
administrative review.\2\ Thus, we conducted a review with respect to 
the sole remaining company subject to the administrative review, 
HiSteel Co., Ltd, (HiSteel).
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 86 FR 61121 (November 5, 2021).
    \2\ See Letter, ``Withdrawal of Request for Administrative 
Review for DOSCO and SeAH Steel,'' dated December 220, 2021. In a 
prior administrative review, Commerce collapsed Dong-A Steel Co., 
Ltd. with its affiliated producer, SeAH Steel Corporation, and we 
continue to treat these companies as a single entity, in accordance 
with 19 CFR 351.401(f). See Heavy Walled Rectangular Welded Carbon 
Steel Pipes and Tubes from the Republic of Korea: Final Results of 
Antidumping Duty Administrative Review; 2018-2019, 86 FR 35060, 
35061 (July 1, 2021).
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    On May 11, 2022, Commerce extended the preliminary results of this 
review by 90 days, until August 31, 2021.\3\ For a complete description 
of the events that followed the initiation of this review, see the 
Preliminary Decision Memorandum.\4\
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    \3\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of the 5th Antidumping Duty Administrative Review,'' dated 
May 11, 2022.
    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the 2020-2021 Administrative Review of the Antidumping 
Duty Order on Heavy Walled Rectangular Welded Carbon Steel Pipes and 
Tubes from the Republic of Korea,'' dated concurrently with, and 
hereby adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Order

    The products covered by the order are certain heavy walled 
rectangular welded steel pipes and tubes from Korea. Products subject 
to the order are currently classified under the Harmonized Tariff 
Schedule of the United States (HTSUS) item number 7306.61.1000. Subject 
merchandise may also be classified under 7306.61.3000. Although the 
HTSUS numbers and ASTM specification are provided for convenience and 
for customs purposes, the written product description remains 
dispositive.\5\
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    \5\ For a complete 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)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act). 
Constructed export price is calculated in accordance with section 772 
of the Act. NV is calculated in accordance with section 773 of the Act.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum. A list of the 
topics discussed in the Preliminary Decision Memorandum is attached as 
an appendix 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

[[Page 53726]]

version of the Preliminary Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.

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 a party who requested 
the review withdraws the request within 90 days of the date of 
publication of notice of initiation of the requested review. On 
December 22, 2021, DOSCO/SeAH withdrew its request for an 
administrative review. No other party requested a review of this 
company. Accordingly, we are rescinding this review, in part, with 
respect to DOSCO/SeAH, pursuant to 19 CFR 351.213(d)(1).

Preliminary Results of the Review

    As a result of this review, we preliminarily determine that the 
following weighted-average dumping margin exists for the period 
September 1, 2020, through August 31, 2021:

------------------------------------------------------------------------
                                                            Weighted-
                                                         average dumping
                  Producers/exporters                         margin
                                                            (percent)
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HiSteel Co., Ltd.......................................            2.80
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Disclosure and Public Comment

    Commerce intends to disclose the calculations performed in 
connection with these preliminary results to interested parties within 
five days after the date of publication of this notice.\6\ Case briefs 
or other written comments may be submitted to Commerce no later than 30 
days after the date of publication of this notice.\7\ Rebuttal briefs, 
limited to issues raised in the case briefs, may be filed no later than 
seven days after the deadline for filing case briefs.\8\ 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.\9\ Case and 
rebuttal briefs should be filed using ACCESS.\10\
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    \6\ See 19 CFR 351.224(b).
    \7\ See 19 CFR 351.309(c).
    \8\ Commerce is exercising its discretion, under 19 CFR 
351.309(d)(1), to alter the time limit for filing of rebuttal 
briefs.
    \9\ See 19 CFR 351.309(c)(2) and (d)(2).
    \10\ See 19 CFR 351.303.
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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, U.S. Department of Commerce, 
filed electronically via ACCESS within 30 days after the date of 
publication of this notice.\11\ Hearing 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. Oral 
presentations at the hearing will be limited to issues raised in the 
briefs. If a request for a hearing is made, parties will be notified of 
the time and date for the hearing.\12\
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    \11\ See 19 CFR 351.310(c).
    \12\ See 19 CFR 351.310(d).
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    An electronically filed document must be received successfully in 
its entirety by ACCESS by 5:00 p.m. Eastern Time on the established 
deadline.
    Commerce intends to issue the final results of this administrative 
review, including the results of its analysis of issues raised in any 
written briefs, not later than 120 days after the date of publication 
of this notice, unless otherwise extended.\13\
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    \13\ See section 751(a)(3)(A) of the Act.
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Assessment Rates

    Upon completion of the administrative review, Commerce shall 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries.\14\ If the weighted 
average dumping margin for HiSteel is not zero or de minimis (i.e., 
less than 0.5 percent), we will calculate importer-specific ad valorem 
antidumping duty assessment rates based on the ratio of the total 
amount of dumping calculated for each importer's examined sales to the 
total entered value of those same sales in accordance with 19 CFR 
351.212(b)(1).\15\ If the weighted-average dumping margin for the 
respondent listed above is zero or de minimis in the final results, or 
an importer-specific assessment rate is zero or de minimis in the final 
results, we will instruct CBP not to assess antidumping duties on any 
of its entries, in accordance with the Final Modification for 
Reviews.\16\ 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.
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    \14\ See 19 CFR 351.212(b).
    \15\ In these preliminary results, Commerce applied the 
assessment rate calculation method adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Proceedings: Final 
Modification, 77 FR 8101 (February 14, 2012) (Final Modification for 
Reviews).
    \16\ Id. at 8102.
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    Commerce's ``automatic assessment'' will apply to entries of 
subject merchandise during the POR produced by HiSteel for which 
HiSteel did not know that the merchandise it 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.\17\
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    \17\ 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).
    For DOSCO/SeAH, the company for which we are rescinding this 
administrative review, antidumping duties shall be assessed at rates 
equal to the cash deposit of estimated antidumping duties required at 
the time of entry, or withdrawal from warehouse, for consumption, 
during the period September 1, 2020, through August 31, 2021, in 
accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue 
appropriate assessment instructions directly to CBP no earlier than 35 
days after the date of publication of this notice in the Federal 
Register.

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 exporter 
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 companies not covered in this review, the cash deposit rate 
will continue to be the company-specific

[[Page 53727]]

cash deposit rate published for the most recently completed segment; 
(3) if the exporter is not a firm covered in this review, or a previous 
segment, but the producer is, then the cash deposit rate will be the 
cash deposit rate established for the most recently completed segment 
for the producer of the merchandise; and (4) the cash deposit rate for 
all other producers or exporters will continue to be 3.24 percent, the 
all-others rate established in the less-than-fair-value 
investigation.\18\ These deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \18\ See Heavy Walled Rectangular Welded Carbon Steel Pipes and 
Tubes from the Republic of Korea, Mexico, and the Republic of 
Turkey: Antidumping Duty Orders, 81 FR 62865, 62866 (September 13, 
2016).
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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 review period. 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

    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: August 26, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Administrative Review
V. Discussion of the Methodology
VI. Recommendation

[FR Doc. 2022-18918 Filed 8-31-22; 8:45 am]
BILLING CODE 3510-DS-P