[Federal Register Volume 88, Number 125 (Friday, June 30, 2023)]
[Notices]
[Pages 42295-42298]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13965]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-876]


Welded Line 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) finds that certain 
producers/exporters subject to this administrative review made sales of 
subject merchandise at less than normal value (NV) during the period of 
review (POR) December 1, 2020, through November 30, 2021.

[[Page 42296]]


DATES: Applicable June 30, 2023.

FOR FURTHER INFORMATION CONTACT: Adam Simons, 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) 482-6172.

SUPPLEMENTARY INFORMATION: 

Background

    On December 29, 2022, Commerce published the Preliminary Results of 
the 2020-2021 administrative review of the antidumping duty order on 
welded line pipe (WLP) from the republic of Korea (Korea) and invited 
interested parties to comment.\1\ This review covers 31 producers/
exporters of the subject merchandise. Commerce selected two companies, 
NEXTEEL Co., Ltd. (NEXTEEL) and SeAH Steel Corporation (SeAH), for 
individual examination.\2\ The producers/exporters not selected for 
individual examination are listed in Appendix II.
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    \1\ See Welded Line Pipe from the Republic of Korea: Preliminary 
Results of Antidumping Duty Administrative Review and Preliminary 
Determination of No Shipments; 2020-2021, 87 FR 80156 (December 29, 
2022) (Preliminary Results), and accompanying Preliminary Decision 
Memorandum (PDM).
    \2\ See Memorandum, ``Respondent Selection,'' dated February 22, 
2022.
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    On February 6, 2023, we received case briefs from the Domestic 
Interested Parties,\3\ NEXTEEL, and SeAH.\4\ On February 14, 2023, we 
received rebuttal briefs from Domestic Interested Parties, NEXTEEL, and 
SeAH, as well as a letter in-lieu-of a rebuttal brief from Hyundai 
Steel Company.\5\ On April 6, 2023, we postponed the final results to 
no later than June 27, 2023.\6\ For a complete description of the 
events that occurred since the Preliminary Results, see the Issues and 
Decision Memorandum.\7\
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    \3\ The Domestic Interested Parties are American Cast Iron Pipe 
Company, Dura-Bond Industries, Stupp Corporation, Welspun Global 
Trade LLC, and Axis Pipe & Tube.
    \4\ See Domestic Interested Parties' Letter, ``Case Brief,'' 
dated February 6, 2023; NEXTEEL's Letter, ``NEXTEEL's Case Brief,'' 
dated February 6, 2023; and SeAH's Letter, ``Case Brief of SeAH 
Steel Corporation,'' dated February 6, 2023.
    \5\ See Domestic Interested Parties' Letter, ``Rebuttal Brief,'' 
dated February 14, 2023 (Domestic Interested Parties' Rebuttal 
Brief); NEXTEEL's Letter, ``NEXTEEL's Rebuttal Brief,'' dated 
February 14, 2023 (NEXTEEL's Rebuttal Brief); SeAH's Letter, 
``Rebuttal Brief of SeAH Steel Corporation,'' dated February 14, 
2023 (SeAH's Rebuttal Brief); and Hyundai Steel Company's Letter, 
``Letter in Support of Mandatory Respondents' Case and Rebuttal 
Briefs,'' dated February 14, 2023.
    \6\ See Memorandum, ``Extension of Deadline for Final Results of 
2020-2021 Antidumping Duty Administrative Review,'' dated April 6, 
2023.
    \7\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2020-2021 Administrative Review of the 
Antidumping Duty Order on Welded Line Pipe from Korea,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
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Scope of the Order 8
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    \8\ See Welded Line Pipe from the Republic of Korea and the 
Republic of Turkey: Antidumping Duty Orders, 80 FR 75056, 75057 
(December 1, 2015) (Order).
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    The merchandise subject to the Order is welded line pipe.\9\ The 
product is currently classified under the following Harmonized Tariff 
Schedule of the United States (HTSUS) item numbers: 7305.11.1030, 
7305.11.1060, 7305.11.5000, 7305.12.1030, 7305.12.1060, 7305.12.5000, 
7305.19.1030, 7305.19.5000, 7306.19.1010, 7306.19.1050, 7306.19.5110, 
and 7306.19.5150. Although the HTSUS numbers are provided for 
convenience and for customs purposes, the written product description 
remains dispositive.
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    \9\ For a complete description of the scope of the order, see 
Preliminary Results PDM at 3.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs are listed in 
Appendix I to this notice and addressed in the Issues and Decision 
Memorandum. Interested parties can find a complete discussion of these 
issues and the corresponding recommendations in this public memorandum, 
which 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 https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding our Preliminary Results, we made certain 
changes to the calculation of the preliminary weighted-average dumping 
margins for NEXTEEL and SeAH.\10\
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    \10\ For a full description of changes, see Issues and Decision 
Memorandum.
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Determination of No Shipments

    As noted in the Preliminary Results, we received a no shipment 
claim from HiSteel Co., Ltd. (HiSteel) and preliminarily determined 
that HiSteel had no shipments during the POR.\11\ We received no 
comments from interested parties with respect to this claim. Therefore, 
because the record indicates that HiSteel had no entries of subject 
merchandise to the United States during the POR, we continue to find 
that HiSteel had no shipments during the POR.
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    \11\ See Preliminary Results.
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Rates for Companies Not Selected for Individual Examination

    Generally, Commerce looks to section 735(c)(5) of the Tariff Act of 
1930, as amended (the Act), which provides instructions for calculating 
the all-others rate in an investigation, for guidance for 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 of 
2.38 percent for NEXTEEL and a weighted-average dumping margin of 4.23 
percent for SeAH. With two respondents under individual examination, 
Commerce normally calculates: (A) a weighted-average of the estimated 
dumping rates calculated for the examined respondents; (B) a simple 
average of the estimated dumping rates calculated for the examined 
respondents; and (C) a weighted-average of the estimated dumping rates 
calculated for the examined respondents using each company's publicly-
ranged U.S. sale values 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.\12\
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    \12\ 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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    Consistent with our practice, we have determined that 3.27 percent, 
which is the weighted average of NEXTEEL and SeAH's margins based on 
publicly ranged data, will be assigned to the non-examined companies 
under section 735(c)(5)(A) of the Act.\13\ These companies are listed 
in Appendix II.
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    \13\ For a complete analysis of the data, see Memorandum, 
``Calculation of the Cash Deposit Rate for Non-Selected Companies,'' 
dated concurrently with this notice.
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Final Results of the Review

    As a result of this review, we determine the following weighted-
average dumping margins for the period

[[Page 42297]]

December 1, 2020, through November 30, 2021:
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    \14\ See Appendix II for a full list of these companies.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Producer or exporter                        dumping
                                                                margin
                                                               (percent)
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NEXTEEL Co., Ltd............................................        2.38
SeAH Steel Corporation......................................        4.23
Companies Not Selected for Individual Review \14\...........        3.27
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Disclosure of Calculations

    We intend to disclose the calculations performed for NEXTEEL and 
SeAH in connection with these final results to interested parties 
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)(1), Commerce has determined, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries of subject merchandise in accordance with the final results of 
this review.
    Pursuant to 19 CFR 351.212(b)(1), NEXTEEL reported the entered 
value of its U.S. sales such that 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. SeAH did not report the 
actual entered value for all of its U.S. sales; in such instances, we 
calculated importer-specific per-unit duty assessment rates by 
aggregating the total amount of antidumping duties calculated for the 
examined sales and dividing this amount by the total quantity of those 
sales. 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 the companies not selected for individual review, we used an 
assessment rate based on the weighted average of the cash deposit rates 
calculated for NEXTEEL and SeAH. 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 the 
future deposits of estimated duties where applicable.\15\
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    \15\ See section 751(a)(2)(C) of the Act.
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    Commerce's ``automatic assessment'' practice will apply to entries 
of subject merchandise during the POR produced by NEXTEEL or SeAH for 
which the reviewed companies did not know that the merchandise they 
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.
    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 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 
covered in this review will be equal to the weighted-average dumping 
margin that is 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 investigated or reviewed 
companies not listed above, 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, or the original 
less-than-fair-value (LTFV) investigation, but the manufacturer is, the 
cash deposit rate will be the cash deposit rate established for the 
most recently completed segment for the producer of the subject 
merchandise; and (4) the cash deposit rate for all other producers or 
exporters will continue to be 4.38 percent, the all-others rate 
established in the LTFV investigation.\16\ These deposit requirements, 
when imposed, 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 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 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.

Administrative Protective Order

    This notice serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition 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 return/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

    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i)(1) of the Act.

    Dated: June 26, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.

Appendix I

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Margin Calculations
IV. Discussion of the Issues
    Comment 1: Treatment of NEXTEEL's Non-Prime Products
    Comment 2: NEXTEEL's Quarterly Cost
    Comment 3: NEXTEEL's Suspended Production Lines
    Comment 4: NEXTEEL's Obsolete Hot Rolled Steel Coil
    Comment 5: Treatment of Cost of Goods Sold Assigned to SeAH's 
Headquarters
    Comment 6: SeAH's Scrap Offset
    Comment 7: SeAH's General and Administrative Expenses
    Comment 8: SeAH's Interest Expense Ratio
    Comment 9: Reconciliation of State Pipe & Supply, Inc.'s Cost of 
Further Manufacturing
    Comment 10: State Pipe's COGS Accounts
    Comment 11: State Pipe's G&A Expenses
    Comment 12: State Pipe's Loan Forgiveness
    Comment 13: Whether SeAH's Reported Movement Expenses Should Be 
Deducted From its Home Market Price

[[Page 42298]]

    Comment 14: Whether Commerce Should Use SeAH's Reported 
Surrogate Costs
    Comment 15: SeAH's Constructed Export Price Offset
    Comment 16: Differential Pricing Methodology
    Comment 17: SeAH's Assessment Rates
V. Recommendation

Appendix II

List of Companies Not Selected for Individual Review Receiving the 
Review-Specific Rate

1. AJU BESTEEL Co., Ltd.
2. BDP International, Inc.
3. Daewoo International Corporation
4. Dong Yang Steel Pipe
5. Dongbu Incheon Steel Co.
6. Dongbu Steel Co., Ltd.
7. Dongkuk Steel Mill
8. EEW Korea Co., Ltd.
9. Husteel Co., Ltd.
10. Hyundai RB Co. Ltd.
11. Hyundai Steel Company/Hyundai HYSCO
12. Kelly Pipe Co., LLC
13. Keonwoo Metals Co., Ltd.
14. Kolon Global Corp.
15. Korea Cast Iron Pipe Ind. Co., Ltd.
16. Kurvers Piping Italy S.R.L.
17. Miju Steel MFG Co., Ltd.
18. MSTEEL Co., Ltd.
19. Poongsan Valinox (Valtimet Division)
20. POSCO
21. POSCO Daewoo
22. R&R Trading Co. Ltd.
23. Sam Kang M&T Co., Ltd.
24. Sin Sung Metal Co., Ltd.
25. SK Networks
26. Soon-Hong Trading Company
27. Steel Flower Co., Ltd.
28. TGS Pipe
29. Tokyo Engineering Korea Ltd.

[FR Doc. 2023-13965 Filed 6-29-23; 8:45 am]
BILLING CODE 3510-DS-P