[Federal Register Volume 88, Number 149 (Friday, August 4, 2023)]
[Notices]
[Pages 51771-51773]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16687]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-876]


Welded Line Pipe From the Republic of Korea: Amended Final 
Results of Antidumping Duty Administrative Review in Part; 2020-2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) is amending the 
final results of the administrative review of the antidumping duty 
order on welded line pipe from the Republic of Korea to correct certain 
ministerial errors. The period of review (POR) is December 1, 2020, 
through November 30, 2021.

DATES: Applicable August 4, 2023.

FOR FURTHER INFORMATION CONTACT: Adam Simons, AD/CVD Operations, Office 
IX, 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 June 30, 2023, Commerce published the Final Results in the 
Federal Register.\1\ On July 3, 2023, we received a timely submitted 
ministerial error allegation from SeAH Steel Corporation (SeAH).\2\ We 
are amending the Final Results to correct the ministerial errors raised 
by SeAH.
---------------------------------------------------------------------------

    \1\ See Welded Line Pipe from the Republic of Korea: Final 
Results of Antidumping Duty Administrative Review; 2020-2021, 88 FR 
42295 (June 30, 2023) (Final Results) and accompanying Issues and 
Decision Memorandum (IDM).
    \2\ See SeAH's Letter, ``Comments on Ministerial Errors in the 
Final Determination,'' dated July 3, 2023 (Ministerial Error 
Comments).
---------------------------------------------------------------------------

Legal Framework

    Section 751(h) of the Tariff Act of 1930, as amended (the Act), 
defines a ``ministerial error'' as including ``errors in addition, 
subtraction, or other arithmetic function, clerical errors resulting 
from inaccurate copying, duplication, or the like, and any other 
unintentional error which the administering authority considers 
ministerial.'' \3\ With respect to final results of administrative 
reviews, 19 CFR 351.224(e) provides that Commerce ``will analyze any 
comments received and, if appropriate, correct any . . . ministerial 
error by amending the final results of review . . . .''
---------------------------------------------------------------------------

    \3\ See 19 CFR 351.224(f).
---------------------------------------------------------------------------

Ministerial Errors

    In the Final Results, we made certain revisions to SeAH's 
preliminary results calculations,\4\ including: (1) adjustments to 
SeAH's affiliate State Pipe & Supply, Inc.'s (State Pipe's) further 
manufacturing general and administrative (G&A) expense ratio; \5\ (2) 
revisions to SeAH's G&A expense ratio; \6\ and (3) revisions to SeAH's 
financial expense ratio.\7\ In its Ministerial Error Comments, SeAH 
alleged that, in revising State Pipe's G&A expense ratio, Commerce 
included certain adjustments that it rejected in the Final Results. 
SeAH also alleged that in the comparison market and margin programs, 
Commerce failed to multiply SeAH's G&A and financial expense ratios by 
SeAH's total cost of manufacturing (COM) to determine the G&A and 
financial expenses included in SeAH's total cost of production.\8\
---------------------------------------------------------------------------

    \4\ See Memorandum, ``SeAH Final Calculation Memorandum,'' dated 
June 26, 2023.
    \5\ See Final Results IDM at Comment 12.
    \6\ Id. at Comment 7.
    \7\ Id. at Comment 8.
    \8\ See Ministerial Error Comments at 2-4.
---------------------------------------------------------------------------

    We agree with SeAH that we made ministerial errors in the Final 
Results pursuant to section 751(h) of the Act and 19 CFR 351.224(f) and 
have amended our calculations to correct State Pipe's G&A expense ratio 
and to apply SeAH's G&A and financial expense ratios to total COM in 
the comparison market and margin programs.

[[Page 51772]]

    Pursuant to 19 CFR 351.224(e), we are amending the Final Results to 
correct these ministerial errors in the calculation of the weighted-
average dumping margin for SeAH, which changes from 4.23 percent to 
4.17 percent.
    For a complete discussion of the ministerial error allegations, as 
well as Commerce's analysis, see the accompanying Ministerial Error 
Memorandum.\9\ The Ministerial Error Memorandum is a public document 
and is on file electronically via ACCESS. ACCESS is available to 
registered users at https://access.trade.gov.
---------------------------------------------------------------------------

    \9\ See Memorandum, ``Analysis of Ministerial Error 
Allegations,'' dated concurrently with, and hereby adopted by, this 
notice (Ministerial Error Memorandum); see also Memorandum, 
``Calculations for SeAH Steel Corporation for the Amended Final 
Results,'' dated concurrently with this notice.
---------------------------------------------------------------------------

    Furthermore, we are also amending the rate for the companies not 
selected for individual examination in this review based on the 
weighted-average dumping margins calculated for the mandatory 
respondents,\10\ which changes from 3.27 percent to 3.24 percent.\11\
---------------------------------------------------------------------------

    \10\ The margin for the other mandatory respondent, NEXTEEL Co., 
Ltd. (NEXTEEL), remains unchanged from the Final Results and 
continues to be 2.38 percent.
    \11\ See Memorandum, ``Calculation of the Amended Final Cash 
Deposit Rate for Non-Selected Companies,'' dated concurrently with 
this notice.
---------------------------------------------------------------------------

Amended Final Results of Review

    As a result of correcting the ministerial errors described above, 
we determine the following weighted-average dumping margins for the 
period December 1, 2020, through November 30, 2021:
---------------------------------------------------------------------------

    \12\ See Appendix for a full list of these companies.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Exporter or producer                        dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
SeAH Steel Corporation......................................        4.17
Companies Not Selected for Individual Review \12\...........        3.24
------------------------------------------------------------------------

Disclosure

    We intend to disclose the calculations performed in connection with 
these amended final results of review to parties in this review within 
five days of the date of publication of this notice in the Federal 
Register, 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 amended final 
results of this review.
    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. NEXTEEL's dumping margin did not change in 
these amended results; therefore, we continue to calculate 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 
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 amended final results of this 
review shall be the basis for the assessment of antidumping duties on 
entries of merchandise covered by the amended final results of this 
review and for the future deposits of estimated duties where 
applicable.\13\
---------------------------------------------------------------------------

    \13\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------

    Commerce's ``automatic assessment'' practice will apply to entries 
of subject merchandise during the POR produced by SeAH for which it did 
not know that the merchandise it sold to an 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 amended 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 amended cash deposit requirements will be effective 
for all shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after June 30, 2023, the publication 
date of the Final Results, as provided by section 751(a)(2)(C) of the 
Act: (1) the amended cash deposit rate for the companies listed above 
will be equal to the weighted-average dumping margin established in 
these amended final results of review; (2) for merchandise exported by 
producers or exporters not covered in this review but covered in a 
prior completed segment of the proceeding, the cash deposit rate will 
continue to be the company-specific rate published in the completed 
segment 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 has been covered in a prior completed segment of this 
proceeding, then the cash deposit rate will be the rate established in 
the completed segment for the most recent period for the producer of 
the merchandise; and (4) the cash deposit rate for all other 
manufacturers or exporters will continue to be 4.38 percent, the all-
others rate established in the less-than-fair-value investigation.\14\ 
These cash deposit requirements, when imposed, shall remain in effect 
until further notice.
---------------------------------------------------------------------------

    \14\ See Welded Line Pipe from the Republic of Korea and the 
Republic of Turkey: Antidumping Duty Orders, 80 FR 75056, 75057 
(December 1, 2015).
---------------------------------------------------------------------------

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

[[Page 51773]]

and the terms of an APO is a sanctionable violation.

Notification to Interested Parties

    We are issuing and publishing these amended final results of review 
in accordance with sections 751(h) and 777(i) of the Act and 19 CFR 
351.224(e).

    Dated: July 31, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Companies Not Selected for Individual Examination 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. 2023-16687 Filed 8-3-23; 8:45 am]
BILLING CODE 3510-DS-P