[Federal Register Volume 88, Number 192 (Thursday, October 5, 2023)]
[Notices]
[Pages 69118-69121]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22132]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-870]


Certain Oil Country Tubular Goods From the Republic of Korea: 
Preliminary Results of Antidumping Duty Administrative Review and 
Preliminary Determination of No Shipments; 2021-2022

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


[[Page 69119]]


SUMMARY: The Department of Commerce (Commerce) preliminarily finds that 
certain oil country tubular goods (OCTG) from the Republic of Korea 
(Korea) were sold in the United States at prices below normal value. 
The period of review (POR) is September 1, 2021, through August 31, 
2022. Interested parties are invited to comment on these preliminary 
results.

DATES: Applicable October 5, 2023.

FOR FURTHER INFORMATION CONTACT: Michael J. Heaney or Mark Flessner, 
AD/CVD Operations, Office VI, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-4475 or (202) 
482-6312, respectively.

SUPPLEMENTARY INFORMATION:

Background

    These preliminary results are made in accordance with section 
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
published the notice of initiation of this administrative review on 
November 3, 2022.\1\ Commerce selected Hyundai Steel Company (Hyundai 
Steel) and SeAH Steel Corporation (SeAH) as the two mandatory 
respondents in this review.\2\ On May 4, 2023, in accordance with 
section 751(a)(3)(A) of the Act, Commerce extended the preliminary 
results of review by 119 days, until September 29, 2023.\3\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 66275 (November 3, 2022).
    \2\ See Memorandum, ``2021-2022 Administrative Review of the 
Antidumping Duty Order on Oil Country Tubular Goods from the 
Republic of Korea: Respondent Selection,'' dated December 8, 2022.
    \3\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated May 4, 
2023.
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    For a complete description of the events that followed the 
initiation of this administrative review, see the Preliminary Decision 
Memorandum.\4\ A list of topics included 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). 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.
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    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the 2021-2022 Administrative Review of the Antidumping 
Duty Order on Certain Oil Country Tubular Goods 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 5
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    \5\ See Certain Oil Country Tubular Goods from India, the 
Republic of Korea, Taiwan, the Republic of Turkey, and the Socialist 
Republic of Vietnam: Antidumping Duty Orders; and Certain Oil 
Country Tubular Goods from the Socialist Republic of Vietnam: 
Amended Final Determination of Sales at Less Than Fair Value, 79 FR 
53691 (September 10, 2014) (Order).
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    The product covered by the Order is OCTG from Korea. For a complete 
description of the scope of the Order, see the Preliminary Decision 
Memorandum.

Methodology

    Commerce is conducting this administrative review in accordance 
with section 751(a)(2) of the Act. Commerce has calculated export 
prices in accordance with section 772(a) of the Act. Constructed export 
prices have been calculated in accordance with section 772(b) of the 
Act. Normal value is calculated in accordance with section 773 of the 
Act. For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum.

Preliminary Determination of No Shipments

    On November 8, 2022, HiSteel Co., Ltd. (HiSteel) submitted a letter 
certifying that it had no exports or sales of subject merchandise into 
the United States during the POR.\6\ U.S. Customs and Border Protection 
(CBP) did not have any information to contradict this claim of no 
shipments during the POR.\7\ Therefore, we preliminarily determine that 
HiSteel did not have any shipments of subject merchandise during the 
POR. Consistent with Commerce's practice, we will not rescind the 
review with respect to HiSteel but will complete the review and issue 
instructions to CBP based on the final results.\8\
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    \6\ See HiSteel's Letter, ``No Shipments Letter,'' dated 
November 8, 2022.
    \7\ See Memorandum, ``Certain Oil Country Tubular Goods from the 
Republic of Korea 2021-22: No Shipment Inquiry for HiSteel Co., 
Ltd., During the Period 09/01/2021 through 08/31/2022,'' dated 
September 26, 2023.
    \8\ See, e.g., Certain Frozen Warmwater Shrimp from Thailand; 
Preliminary Results of Antidumping Duty Administrative Review, 
Partial Rescission of Review, Preliminary Determination of No 
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged 
in Certain Frozen Warmwater Shrimp from Thailand: Final Results of 
Antidumping Duty Administrative Review, Final Determination of No 
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR 51306, 
51307 (August 28, 2014).
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Rates for Non-Examined Companies

    The statute and Commerce's regulations do not address the rate to 
be applied to companies not selected for 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} .''
    For these preliminary results, we calculated a dumping margin of 
1.18 percent for SeAH and zero percent for Hyundai Steel, the mandatory 
respondents in this review. Consistent with our normal methodology, we 
have assigned to the companies not individually examined (see Appendix 
II for a full list of these companies) a margin of 1.18 percent, which 
is the margin calculated for SeAH.

Preliminary Results of Review

    Commerce preliminarily finds that, for the period September 1, 
2021, through August 31, 2022, the following weighted-average dumping 
margins exist:
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    \9\ See Appendix II.

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Hyundai Steel Company.......................................        0.00
SeAH Steel Corporation......................................        1.18
Non-examined companies \9\..................................        1.18
------------------------------------------------------------------------

Disclosure and Public Comment

    We intend to disclose the calculations performed for these 
preliminary results to the parties within five days after public 
announcement of the preliminary results in accordance with 19 CFR 
351.224(b). Interested parties may submit case briefs no later than 30 
days after the date of publication of these preliminary results of 
review.\10\ Rebuttal briefs may be filed no later than seven days after 
case briefs are due and may

[[Page 69120]]

respond only to arguments raised in the case briefs.\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\ Note that 
Commerce has temporarily modified certain of its requirements for 
serving documents containing business proprietary information, until 
further notice.\13\
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    \10\ See 19 CFR 351.309(c)(ii).
    \11\ See 19 CFR 351.309(d).
    \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. An electronically filed document 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.\14\ 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.
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    \14\ See 19 CFR 351.310(c).
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    Unless otherwise extended, Commerce intends to issue the final 
results of this administrative review, which will include the results 
of its analysis of issues raised in any briefs, within 120 days of 
publication of these preliminary results of review, pursuant to section 
751(a)(3)(A) of the Act.

Assessment Rate

    Upon issuance of the final results, Commerce shall determine, and 
CBP shall assess, antidumping duties on all appropriate entries covered 
by this review.\15\
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    \15\ See 19 CFR 351.212(b)(1).
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    For any individually examined respondents whose weighted-average 
dumping margin is above de minimis (i.e., greater than or equal to 0.5 
percent) in the final results of this review, we will calculate 
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 review. For entries of subject 
merchandise during the POR produced by each respondent for which it did 
not know its merchandise was destined for the United States, we will 
instruct CBP to liquidate such entries at the all-others rate if there 
is no rate for the intermediate company(ies) involved in the 
transaction.\16\ Where the individually-selected respondent's weighted-
average dumping margin is zero or de minimis, 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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    \16\ For a full discussion of this clarification, see 
Antidumping and Countervailing Duty Proceedings: Assessment of 
Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    For the companies which were not selected for individual review, we 
intend to assign an assessment rate based on the methodology described 
in the ``Rates for Non-Examined Companies'' section. The final results 
of this review shall be the basis for the assessment of antidumping 
duties on entries of merchandise covered by this review where 
applicable.
    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.\17\ 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).
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    \17\ See Notice of Discontinuation of Policy to Issue 
Liquidation Instructions After 15 Days in Applicable Antidumping and 
Countervailing Duty Administrative Proceedings, 86 FR 884 (January 
15, 2021).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the notice of final results of this 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) of the Act: (1) the cash 
deposit rate for the companies listed in the final results of review 
will be equal to the weighted-average dumping margin established in the 
final results of this administrative 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 
recently completed segment of this proceeding in which they were 
reviewed; (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 
recently completed segment of this proceeding for the producer of the 
merchandise; (4) the cash deposit rate for all other producers or 
exporters will continue to be 5.24 percent, the all-others rate 
established in the less-than-fair-value investigation.\18\ These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \18\ See Certain Oil Country Tubular Goods from the Republic of 
Korea: Notice of Court Decision Not in Harmony with Final 
Determination, 81 FR 59603 (August 30, 2016).
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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 these preliminary results in 
accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR 
351.221(b)(4).

    Dated: September 28, 2023.
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. Rates for Non-Examined Companies
V. Preliminary Determination of No Shipments
VI. Affiliation
VII. Discussion of the Methodology
VIII. Currency Conversion
IX. Recommendation

Appendix II

List of Companies Not Individually Examined

1. AJU Besteel Co., Ltd.
2. Dong-A Steel Co., Ltd.
3. Husteel Co., Ltd.
4. ILJIN Steel Corporation
5. K Steel Corporation
6. Keonwoo Metals Co., Ltd.
7. Kukje Steel
8. MSTEEL Co., Ltd.
9. NEXTEEL Co., Ltd.
10. Nissei Trading Co., Ltd.

[[Page 69121]]

11. POSCO International Corporation
12. Sungwon Steel Co., Ltd.
13. TGS Pipe

[FR Doc. 2023-22132 Filed 10-4-23; 8:45 am]
BILLING CODE 3510-DS-P