[Federal Register Volume 87, Number 232 (Monday, December 5, 2022)]
[Notices]
[Pages 74402-74404]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26403]


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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; 2020-
2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that circular welded non-alloy steel pipe (CWP) from the 
Republic of Korea (Korea) was sold at prices below normal value for 
Husteel Co., Ltd. (Husteel) and not sold at prices below normal value 
for Nexteel Co., Ltd. (Nexteel) during the period of review (POR) 
November 1, 2020, through October 31, 2021. We invite interested 
parties to comment on these preliminary results.

DATES: Applicable December 5, 2022.

FOR FURTHER INFORMATION CONTACT: Dusten Hom and Byeong-hun You, 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)-482-1018, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    Commerce is conducting an administrative review of the antidumping 
duty order on CWP from Korea, in accordance with section 751(a) of the 
Tariff Act of 1930, as amended (the Act).\1\ On December 28, 2021, in 
accordance with 19 CFR 351.221(c)(1)(i), we initiated the 
administrative review \2\ of the Order covering 24 producers and/or 
exporters, including mandatory respondents, Husteel and Nexteel.\3\ The 
remaining companies were not selected for individual examination and 
remain subject to this administrative review. For a complete 
description of the events that followed the initiation of this review, 
see the Preliminary Decision Memorandum.\4\
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    \1\ 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).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 86 FR 73734 (December 28, 2021).
    \3\ See Memorandum, ``Antidumping Duty Administrative Review of 
Circular Welded Non-Alloy Steel Pipe from the Republic of Korea: 
Respondent Selection,'' dated February 2, 2022.
    \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; 2020-2021,'' dated concurrently with, 
and hereby adopted by, this notice (Preliminary Decision 
Memorandum).
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    On July 14, 2022, Commerce extended the time limit for issuing the 
preliminary results of this review by 120 days, to no later than 
November 30, 2022.\5\
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    \5\ 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 14, 
2022.
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Scope of the Order

    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. For a full description of the methodology underlying 
these preliminary results, see the Preliminary Decision Memorandum. A 
list of the topics discussed 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). ACESS is available to 
registered users at http://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.

Rate for Non-Selected Companies

    The statute and Commerce's regulations do not address the 
establishment of a rate to be applied to 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 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 have preliminarily calculated weighted-average 
dumping margins of 13.72 percent for Husteel and 0.00 percent for 
Nexteel. For the companies that were not selected for individual 
review, we preliminarily assigned a rate based on the rates for the 
respondents that were selected for

[[Page 74403]]

individual review, excluding rates that are zero, de minimis, or based 
entirely on facts available.\7\ In accordance with the U.S. Court of 
Appeals for the Federal Circuit's decision in Albemarle, we are 
applying to the twenty-two companies that had reviewable transactions 
during the POR the 13.72 percent rate calculated for Husteel.\8\ This 
is the only rate determined in this review that is not zero, de 
minimis, or based entirely on facts available for individual 
respondents and, thus, should be applied to the twenty-two firms not 
selected for individual review under section 735(c)(5)(B) of the Act.
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    \7\ See section 735(c)(5)(A) of the Act.
    \8\ See Albemarle Corp. v. United States, 821 F.3d 1345 (Fed. 
Cir. 2016) (Albemarle).
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Preliminary Results of the Administrative Review

    Commerce preliminarily determines that the following weighted-
average dumping margins exist for the administrative review covering 
the period November 1, 2020, through October 31, 2021:
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    \9\ See Appendix II for a full list of these companies.

------------------------------------------------------------------------
                                        Weighted- average dumping margin
          Producer/exporter                        (percent)
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Husteel Co., Ltd.....................  13.72
NEXTEEL Co., Ltd.....................  0.00 (de minimis).
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   Review-Specific Average Rate Applicable to the Following Companies
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Other Respondents \9\................  13.72
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Disclosure

    We intend 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 in accordance with 19 CFR 
351.224(b).

Public Comment

    Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs not 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 not later than seven days after the date for filing case 
briefs.\10\ Commerce modified certain of its requirements for serving 
documents containing business proprietary information until further 
notice.\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\
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    \10\ See 19 CFR 351.309(d).
    \11\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
    \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. An electronically filed request for a hearing must be received 
successfully in its entirety by Commerce's electronic records system, 
ACCESS, by 5:00 p.m. Eastern Time within 30 days after the date of 
publication of this notice.\13\ 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.
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    \13\ See 19 CFR 351.310(c); see also 19 CFR 351.303(b)(1).
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    Unless the deadline is extended, Commerce intends to issue the 
final results of this review, 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 
Customs and Border Protection (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., 
0.50 percent) in the final results of this review, we will calculate 
importer-specific ad valorem antidumping duty assessment rates based on 
the ratio of the total amount of dumping calculated for the importer's 
examined U.S. sales and, where possible, the total entered value of 
those same sales in accordance with 19 CFR 351.212(b)(1).\14\ We will 
instruct CBP to assess antidumping duties on all appropriate entries 
covered by this review when the importer-specific assessment rate 
calculated in the final results of this review is above de minimis. 
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.
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    \14\ See Antidumping Proceedings: 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 
Husteel or Nexteel 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 if there is no rate for the intermediate 
company(ies) involved in the transaction.\15\
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    \15\ 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 
examination, we will instruct CBP to assess antidumping duties at an ad 
valorem rate equal to each company's weighted-average dumping margin 
determined in the final results of 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 
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 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,\16\ the all-others rate established in the less-than-
fair-value investigation. These cash deposit requirements, when 
imposed,

[[Page 74404]]

shall remain in effect until further notice.
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    \16\ 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 29, 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. Rate for Non-Selected Companies
V. Affiliation
VI. Discussion of the Methodology
VII. Export Price and Constructed Export Price
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 \17\
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    \17\ This company is also known as Dongbu Steel Co., Ltd.
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    9. Eew Korea Company
    10. Histeel \18\
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    \18\ This company is also known as HiSteel Co., Ltd.
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    11. Hyundai Rb
    12. Hyundai Steel Company \19\
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    \19\ This company is also known as Hyundai Steel Corporation; 
Hyundai Steel; and Hyundai Steel (Pipe Division).
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    13. Kiduck Industries
    14. Kum Kang Kind
    15. Kumsoo Connecting
    16. Miju Steel Mfg.\20\
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    \20\ This company is also known as Miju Steel Manufacturing.
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    17. Samkang M&T
    18. Seah Fs
    19. Seah Steel \21\
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    \21\ This company is also known as Seah Steel Corporation.
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    20. Steel Flower
    21. Vesta Co., Ltd.
    22. Ycp Co.

[FR Doc. 2022-26403 Filed 12-2-22; 8:45 am]
BILLING CODE 3510-DS-P