[Federal Register Volume 87, Number 220 (Wednesday, November 16, 2022)]
[Notices]
[Pages 68675-68677]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24939]


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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; 2020-2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) 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), and that 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-individually examined 
companies were made at prices below NV.

DATES: Applicable November 16, 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 June 3, 2022, Commerce published the preliminary results of this

[[Page 68676]]

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 
included 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 and 
Partial Rescission; 2020-2021, 87 FR 33723 (June 3, 2022) 
(Preliminary Results), and accompanying Preliminary Decision 
Memorandum.
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results in the 2020-2021 Antidumping Duty Administrative 
Review: Large 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, 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 and 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. For these 
final results of review, we calculated a weighted-average dumping 
margin for Hyundai RB that is not zero, de minimis, or based entirely 
on facts available. Therefore, consistent with our practice, we have 
assigned the companies not selected for individual examination the 
weighted-average dumping margin calculated for Hyundai RB.

Final Results of 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)
------------------------------------------------------------------------
Hyundai RB Co., Ltd.........................................        2.67
Hyundai Steel Company.......................................        0.00
Non-Examined Companies \5\..................................        2.67
------------------------------------------------------------------------

Disclosure
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    \5\ 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 revised 
margin calculations to disclose.

Assessment Rates

    Commerce has determined, and U.S. Customs and Border Protection 
(CBP) shall assess, antidumping duties on all appropriate entries in 
this review, in accordance with section 751(a)(2)(C) of the Act and 19 
CFR 351.212(b). 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).
    Pursuant to 19 CFR 351.212(b)(1), where the respondent reported the 
entered value of its U.S. sales, 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. Where the respondent 
did not report entered value, we calculated importer-specific per-unit 
duty assessment rates based on the ratio of the total amount of 
antidumping duties calculated for the examined sales to the total 
quantity of those sales. To determine whether an importer-specific per-
unit duty assessment rate is de minimis, we calculated an estimated 
entered value.
    Where an importer-specific assessment rate is de minimis (i.e., 
less than 0.5 percent), the entries by that importer will be liquidated 
without regard to antidumping duties. Because the weighted-average 
dumping margin for Hyundai Steel is zero percent, we intend to instruct 
CBP to liquidate the

[[Page 68677]]

appropriate entries without regard to antidumping duties.\6\
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    \6\ 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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    Consistent with Commerce's clarification of its assessment 
practice, for entries of subject merchandise during the POR produced by 
any of the above-referenced respondents for which they did not know 
that the merchandise was destined for the United States, we will 
instruct CBP to liquidate those entries at the all-others rate in the 
original less-than-fair-value (LTFV) investigation of 7.08 percent ad 
valorem \7\ if there is no rate for the intermediate company(ies) 
involved in the transaction.\8\
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    \7\ See Order.
    \8\ 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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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 will be equal to the weighted-average dumping margin 
established in these final results; (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 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 producers and 
exporters will continue to be 7.08 percent ad valorem, the all-others 
rate established in the LTFV investigation.\9\ These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \9\ See Order.
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Notification to Importers

    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 and/or countervailing 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 and/or countervailing duties occurred 
and the subsequent assessment of double antidumping duties, and/or an 
increase in the amount of antidumping duties by the amount of the 
countervailing duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to an 
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 9, 2022.
Lisa W. Wang,
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
    Hyundai RB Co., Ltd. (Hyundai RB)
    Comment 1: Smoothing of Costs
    Comment 2: Scrap Adjustment
    Comment 3: Raw Material Discount
    Comment 4: Pre-POR Direct Cost Adjustment
    Comment 5: General and Administrative (G&A) Expense
    Comment 6: Interest Expense Ratio Adjustment
    Hyundai Steel Company (Hyundai Steel)
    Comment 7: Interest Expense Calculation
    Comment 8: Short-Term Interest Income Offset
    Comment 9: G&A Expenses
    SeAH Steel Corporation (SeAH)
    Comment 10: 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. 2022-24939 Filed 11-15-22; 8:45 am]
BILLING CODE 3510-DS-P