[Federal Register Volume 88, Number 111 (Friday, June 9, 2023)]
[Notices]
[Pages 37852-37854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12327]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-809]


Circular Welded Non-Alloy Steel Pipe From the Republic of Korea: 
Final Results of Antidumping Duty Administrative Review and Final 
Determination of No Shipments; 2020-2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
Husteel Co., Ltd. (Husteel) and certain producers/exporters subject to 
this administrative review made sales of circular welded non-alloy 
steel pipe (CWP) from the Republic of Korea (Korea) at less than normal 
value during the period of review (POR), November 1, 2020, through 
October 31, 2021. In addition, Commerce determines that NEXTEEL Co., 
Ltd. (NEXTEEL) did not make sales of subject merchandise in the United 
States at prices below NV during the POR.

DATES: Applicable June 9, 2023.

FOR FURTHER INFORMATION CONTACT: Dusten Hom, 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.

SUPPLEMENTARY INFORMATION:

Background

    On December 5, 2022, Commerce published the Preliminary Results of 
this administrative review.\1\ The review covers 24 producers and/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 discussed 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 Circular Welded Non-Alloy Steel Pipe from the Republic 
of Korea: Preliminary Results of Antidumping Duty Administrative 
Review; 2020-2021, 87 FR 74402 (December 5, 2021) (Preliminary 
Results) and accompanying Preliminary Decision Memorandum (PDM).
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2020-2021 Administrative Review of the 
Antidumping Duty Order on Circular Welded Non-Alloy Steel 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 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 circular welded non-alloy 
steel pipe and tube. Imports of the product are currently classifiable 
in the Harmonized Tariff Schedule of the United States (HTSUS) under 
subheadings 7306.30.1000, 7306.30.5025, 7306.30.5032, 7306.30.5040, 
7306.30.5055, 7306.30.5085, and 7306.30.5090. While the HTSUS 
subheadings are provided for convenience and customs purposes, the 
written description is dispositive. For a complete description of the 
scope of the Order, see the Issues and Decision Memorandum.\4\
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    \4\ Id.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs filed by parties 
in this review are listed in Appendix I to this notice and addressed in 
the Issues and Decision Memorandum. 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 at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    For reasons explained in the Issues and Decision Memorandum, we 
made changes to the macros program to implement our intended 
methodology for cost recovery in quarterly cost and to no longer 
overwrite the home market sales control number (CONNUM) 
characteristics. Additionally, we changed the total cost of 
manufacturing variable ``TTOTCOM'' to ``TOTCOM'' in the comparison 
market program for consistency. For a more detailed discussion of the 
changes, see the Issues and Decision Memorandum.\5\
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    \5\ Id.
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Rate for Non-Examined Companies

    The statute and Commerce's regulations do not address the 
establishment of a rate to be applied to companies not selected for 
individual

[[Page 37853]]

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 calculated a weighted-average dumping margin for one of the 
mandatory respondents, Husteel, that is not zero, de minimis, or 
determined entirely on the basis of facts available. However, for the 
second mandatory respondent, NEXTEEL, we calculated a weighted-average 
dumping margin of zero. Accordingly, Commerce assigned Husteel's 12.87 
percent weighted-average dumping margin to the companies not 
individually examined listed in Appendix II.\6\
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    \6\ 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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Final Results of Review

    We determine that the following weighted-average dumping margins 
exists for the period November 1, 2020 through October 31, 2021:
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    \7\ See Appendix II for a full list of these companies.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
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Husteel Co., Ltd............................................       12.87
NEXTEEL Co., Ltd............................................        0.00
Review-Specific Rate for Non-Examined Companies \7\.........       12.87
------------------------------------------------------------------------

Disclosure

    We intend to disclose the calculations performed in connection with 
these final results to parties in this proceeding within five days of 
the date of publication of this notice, in accordance with 19 CFR 
351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b), 
Commerce shall determine, and CBP shall assess, antidumping duties on 
all appropriate entries of subject merchandise in accordance with the 
final results of this review. For any individually examined respondents 
whose weighted-average dumping margin is above de minimis, we 
calculated 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 NEXTEEL for which they did not know that the merchandise was 
destined to the United States, we will instruct CBP to liquidate those 
entries at the all-others rate of 4.80 percent, if there is no rate for 
the intermediate company(ies) involved in the transaction.\8\
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    \8\ 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).

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of subject merchandise entered, or withdrawn from warehouse, 
for consumption on or after the publication date of the final results 
of this administrative review in the Federal Register, as provided for 
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 these 
final results of the review; (2) for merchandise exported by producers 
or exporters 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,\9\ the all-
others rate established in the investigation. These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \9\ 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).
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Notification to Importers

    This notice 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 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 has occurred and the subsequent assessment of 
double antidumping duties.

Notification Regarding Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
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

[[Page 37854]]

751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5).

    Dated: June 2, 2023.
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. Changes Since the Preliminary Results
V. Discussion of the Issues
    Comment 1: Whether Commerce Incorrectly Overwrote Control 
Numbers (CONNUM)
    Comment 2: Whether Commerce Inconsistently Used the Field TOTCOM
    Comment 3: Whether Commerce Erred in Applying its Differential 
Pricing Analysis
    Comment 4: Whether Commerce Should Offset Constructed Export 
Price (CEP)
VI. 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 \10\
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    \10\ This company is also known as Dongbu Steel Co., Ltd.
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9. Eew Korea Company
10. Histeel \11\
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    \11\ This company is also known as HiSteel Co., Ltd.
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11. Hyundai Rb
12. Hyundai Steel Company \12\
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    \12\ 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.\13\
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    \13\ This company is also known as Miju Steel Manufacturing.
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17. Samkang M&T
18. Seah Fs
19. Seah Steel \14\
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    \14\ 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. 2023-12327 Filed 6-8-23; 8:45 am]
BILLING CODE 3510-DS-P