[Federal Register Volume 88, Number 149 (Friday, August 4, 2023)]
[Notices]
[Pages 51773-51775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16688]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-880]


Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From 
the Republic of Korea: Preliminary Results and Rescission, in Part, of 
Antidumping Duty Administrative Review; 2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds 
that heavy walled rectangular welded carbon steel pipes and tubes (HWR) 
from the Republic of Korea (Korea) were not sold at less than normal 
value during the period of review (POR) September 1, 2021, through 
August 31, 2022. In addition, Commerce is rescinding this 
administrative review in part with respect to two companies for which 
the request for review was timely withdrawn. We invite interested 
parties to comment on these preliminary results of review.

DATES: Applicable August 4, 2023.

FOR FURTHER INFORMATION CONTACT: Alice Maldonado, 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) 482-4682.

SUPPLEMENTARY INFORMATION: 

Background

    On September 13, 2016, Commerce published in the Federal Register 
the antidumping duty order on HWR from Korea.\1\ On September 1, 2022, 
Commerce published in the Federal Register a notice of opportunity to 
request an administrative review of the Order.\2\ On November 3, 2022, 
based on timely requests for review, in accordance with 19 CFR 
351.221(c)(1)(i), we initiated an antidumping duty administrative 
review of three producers and exporters of the subject merchandise.\3\ 
On November 7, 2022, Dong-A-Steel Co., Ltd. and SeAH Steel Corporation 
(collectively, DOSCO/SeAH) withdrew its request for an administrative 
review.\4\ Commerce issued the antidumping duty (AD) questionnaire to 
the two remaining companies, HiSteel Co., Ltd. (HiSteel) and NEXTEEL 
Co., Ltd. (NEXTEEL). On December 20, 2022, HiSteel withdrew its request 
for an administrative review.\5\ Thus, we conducted a review with 
respect to the sole remaining company subject to the administrative 
review, NEXTEEL.
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    \1\ See Heavy Walled Rectangular Welded Carbon Steel Pipes and 
Tubes from the Republic of Korea, Mexico, and the Republic of 
Turkey: Antidumping Duty Orders, 81 FR 62865 (September 13, 2016) 
(Order).
    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review and Join Annual Inquiry Service List, 87 FR 53719 (September 
1, 2022).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 66275 (November 3, 2022).
    \4\ See DOSCO/SeAH's Letter, ``Withdrawal of Request for 
Administrative Review for DOSCO and SeAH Steel,'' dated November 7, 
2022. In a prior administrative review, Commerce collapsed Dong-A 
Steel Co., Ltd. with its affiliated producer, SeAH Steel 
Corporation, and we continue to treat these companies as a single 
entity, in accordance with 19 CFR 351.401(f). See Heavy Walled 
Rectangular Welded Carbon Steel Pipes and Tubes from the Republic of 
Korea: Final Results of Antidumping Duty Administrative Review; 
2018-2019, 86 FR 35060, 35061 (July 1, 2021).
    \5\ See HiSteel's Letter, ``Withdrawal of Request for 
Administrative Review for HiSteel,'' dated December 20, 2022.
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    On May 5, 2023, Commerce extended the preliminary results of this 
review until August 1, 2023.\6\ For a complete description of the 
events that followed the initiation of this review, see the Preliminary 
Decision Memorandum.\7\
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    \6\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of the 5th Antidumping Duty Administrative Review,'' dated 
May 5, 2023.
    \7\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of Antidumping Duty Administrative Review; 2021-2022: Heavy 
Walled Rectangular Welded Carbon Steel Pipes and Tubes from the 
Republic of Korea,'' dated concurrently with, and hereby adopted by, 
this notice (Preliminary Decision Memorandum).
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Scope of the Order

    The products covered by the Order are certain heavy walled 
rectangular welded steel pipes and tubes from Korea.\8\
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    \8\ For a complete 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)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act). 
Export price is calculated in accordance with section 772 of the Act. 
Normal value is calculated in accordance with section 773 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 attached 
as an appendix 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). ACCESS is available to registered users at 
https://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.

Partial Rescission of Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if a party who requested 
the review withdraws its request within 90 days of the date of 
publication of notice of initiation. Because as stated above, DOSCO/
SeAH and HiSteel withdrew

[[Page 51774]]

their respective review requests, and no other party requested an 
administrative review of these companies, we are rescinding the 
administrative review with respect to DOSCO/SeAH and HiSteel, pursuant 
to 19 CFR 351.213(d)(1).

Preliminary Results of Review

    We preliminarily determine that the following weighted-average 
dumping margin exists for the period September 1, 2021, through August 
31, 2022:

------------------------------------------------------------------------
                                                            Weighted-
                                                         average dumping
                   Producer/exporter                          margin
                                                            (percent)
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NEXTEEL Co., Ltd.......................................            0.00
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Disclosure and Public Comment

    Commerce intends to disclose the calculations performed to 
interested parties within five days after public announcement of the 
preliminary results.\9\ Interested parties may submit case briefs no 
later than 30 days after the date of publication of this notice.\10\ 
Rebuttal briefs, limited to issues raised in the case briefs, may be 
filed no later than seven days after the deadline for filing case 
briefs.\11\ Interested 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\ Commerce has modified certain of its 
requirements for serving documents containing business proprietary 
information, until further notice.\13\
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    \9\ See 19 CFR 351.224(b).
    \10\ See 19 CFR 351.309(c).
    \11\ Commerce is exercising its discretion, under 19 CFR 
351.309(d)(1), to alter the time limit for filing of rebuttal 
briefs.
    \12\ See 19 CFR 351.309(c)(2) and (d)(2).
    \13\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
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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.\14\ Hearing 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. Issues raised in the hearing will be 
limited to those raised in the respective case briefs. If a request for 
a hearing is made, Commerce intends to hold the hearing at a time and 
date to be determined. An electronically filed hearing request 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.
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    \14\ See 19 CFR 351.310(c).
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Verification

    On February 7, 2023, Nucor Tubular Products Inc., a domestic 
interested party, requested that Commerce conduct verification of 
NEXTEEL's responses. Accordingly, as provided in section 782(i)(3) of 
the Act, we verified information relied upon for the preliminary 
results of this review.

Assessment Rates

    Upon completion of the final results of this administrative review, 
Commerce shall determine, and U.S. Customs and Border Protection (CBP) 
shall assess, antidumping duties on all appropriate entries.\15\ If the 
weighted average dumping margin for NEXTEEL is not zero or de minimis 
(i.e., less than 0.5 percent) in the final results of this review, we 
intend to calculate importer-specific ad valorem antidumping duty 
assessment rates based on the ratio of the total amount of dumping 
calculated for each importer's examined sales to the total entered 
value of those same sales in accordance with 19 CFR 351.212(b)(1).\16\ 
If the weighted-average dumping margin or an importer-specific 
assessment rate is zero or de minimis in the final results of review, 
we intend to instruct CBP to liquidate entries without regard to 
antidumping duties.\17\ The final results of this administrative 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 
future deposits of estimated duties, where applicable.\18\
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    \15\ See 19 CFR 351.212(b).
    \16\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012).
    \17\ Id. 77 FR at 8102; see also 19 CFR 351.106(c)(2).
    \18\ See section 751(a)(2)(C) of the Act.
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    For entries of subject merchandise during the POR produced by 
NEXTEEL for which it did not know that the merchandise it sold was 
destined for the United States, 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.\19\
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    \19\ 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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    Because Commerce is rescinding this review with respect to DOSCO/
SeAH and HiSteel, Commerce will instruct CBP to assess antidumping 
duties on all appropriate entries of HWR during the POR at rates equal 
to the cash deposit rate of estimated antidumping duties required at 
the time of entry, or withdrawal from warehouse, for consumption, in 
accordance with 19 CFR 351.212(c)(1)(i).
    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 the subject merchandise 
entered, or withdrawn from warehouse, for consumption on or after the 
date of publication as provided by section 751(a)(2)(C) of the Act: (1) 
the cash deposit rate for the exporter listed above will be equal to 
the weighted-average dumping margin 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 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 cash deposit rate published in the completed segment for the 
most recent period; (3) if the exporter is not a firm covered in this 
review, or a previous segment, but the producer is, 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 producers or exporters will continue to 
be 3.24 percent, the all-others rate established in the less-than-fair-
value investigation.\20\ These deposit requirements, when imposed, 
shall remain in effect until further notice.
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    \20\ See Order.
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Final Results of Review

    Unless the deadline is otherwise extended, Commerce intends to 
issue the final results of this administrative review, including the 
results of its analysis of issues raised by interested

[[Page 51775]]

parties in the written comments, within 120 days of publication of 
these preliminary results in the Federal Register, pursuant to section 
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).

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 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.

Notification to Interested Parties

    We are issuing and publishing these preliminary results in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 
351.221(b)(4).

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

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Administrative Review
V. Discussion of the Methodology
VI. Recommendation

[FR Doc. 2023-16688 Filed 8-3-23; 8:45 am]
BILLING CODE 3510-DS-P