[Federal Register Volume 89, Number 107 (Monday, June 3, 2024)]
[Notices]
[Pages 47523-47525]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12116]



[[Page 47523]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-897]


Large Diameter Welded Pipe From the Republic of Korea: 
Preliminary Results of Antidumping Duty Administrative Review; 2022-
2023

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that large diameter welded pipe (welded pipe) from the 
Republic of Korea (Korea) was not sold in the United States at less 
than normal value (NV) during the period of review (POR) May 1, 2022, 
through April 30, 2023. We invite interested parties to comment on 
these preliminary results.

DATES: Applicable June 3, 2024.

FOR FURTHER INFORMATION CONTACT: Kate Johnson or Davyd Williams, AD/CVD 
Operations, Office VIII, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-4929 or (202) 
482-4338, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On May 2, 2019, Commerce published in the Federal Register the 
antidumping duty order on welded pipe from Korea.\1\ On May 2, 2023, 
Commerce published in the Federal Register a notice of opportunity to 
request an administrative review of the Order.\2\ On July 12, 2023, in 
accordance with 19 CFR 351.221(c)(1)(i), Commerce initiated an 
administrative review of the Order.\3\ Pursuant to section 751(a)(3)(A) 
of the Tariff Act of 1930, as amended (the Act), on December 20, 2023, 
Commerce extended the deadline for the preliminary results of this 
review until May 30, 2024.\4\
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    \1\ See Large Diameter Welded Pipe from the Republic of Korea: 
Amended Final Affirmative Antidumping Determination and Antidumping 
Duty Order, 84 FR 18767 (May 2, 2019) (Order).
    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review and Join Annual Inquiry Service List, 88 FR 27445 (May 2, 
2023).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 44262, 44267 (July 12, 2023), and 
Initiation of Antidumping and Countervailing Duty Administrative 
Reviews, 88 FR 62323, 62328 n.8 (September 11, 2023).
    \4\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated December 
20, 2023.
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Scope of the Order

    The product covered by the Order is welded pipe from Korea. For a 
full description of the scope, see the Preliminary Decision 
Memorandum.\5\
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    \5\ See Memorandum, ``Decision Memorandum for Preliminary 
Results of the Antidumping Duty Administrative Review of Large 
Diameter Welded Pipe from the Republic of Korea; 2022-2023,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
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Methodology

    Commerce is conducting this administrative review in accordance 
with section 751(a) of the Act. Constructed export price is calculated 
in accordance with section 772 of the Act. NV 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 
topics included 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 at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Rate for Non-Selected Companies

    The statute and Commerce's regulations do not address the 
establishment of a weighted-average dumping margin to be determined for 
companies not selected for individual 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 an investigation, for guidance when determining the weighted-
average dumping margin 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 and de minimis margins, and any 
margins determined entirely {on the basis of facts available{time} .''
    Where the rates for the individually examined companies are all 
zero, de minimis, or determined entirely using facts available, section 
735(c)(5)(B) of the Act instructs that Commerce ``may use any 
reasonable method to establish the estimated all-others rate for 
exporters and producers not individually investigated, including 
averaging the estimated weighted average dumping margins determined for 
the exporters and producers individually investigated.'' One such 
reasonable method is to weight average the zero and de minimis rates, 
and the rates determined entirely pursuant to facts available. In fact, 
the SAA states that this is the ``expected'' method in such 
circumstances.\6\
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    \6\ See Statement of Administrative Action Accompanying the 
Uruguay Round Agreements Act, H.R. Doc. 103-316, vol. 1 (1994) (SAA) 
at 873.
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    In this review, we have preliminarily calculated a weighted-average 
dumping margin for each of the mandatory respondents, Hyundai Steel 
Company (Hyundai Steel) and SeAH Steel Corporation (SeAH), that is zero 
percent. Accordingly, we preliminarily assign to the non-selected 
companies a dumping margin of zero percent consistent with section 
735(c)(5)(B) of the Act.

Preliminary Results of the Review

    We preliminarily determine that the following estimated weighted-
average dumping margins exist for the period May 1, 2022, through April 
30, 2023:
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    \7\ See Appendix II.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                  Exporter and/or producer                      dumping
                                                                margin
                                                               (percent)
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Hyundai Steel Company.......................................        0.00
SeAH Steel Corporation......................................        0.00
Non-Examined Companies \7\..................................        0.00
------------------------------------------------------------------------

Disclosure and Public Comment

    Commerce intends to disclose its calculations performed for these 
preliminary results to interested parties within five days of the date 
of publication of this notice in the Federal Register in accordance 
with 19 CFR 351.224(b).
    Interested parties may submit case briefs to Commerce no later than 
30 days after the date of publication of this notice.\8\ Rebuttal 
briefs, limited to issues raised in the case briefs, may be filed not 
later than five days after the date for filing case briefs.\9\ 
Interested parties

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who submit case briefs or rebuttal briefs in this proceeding must 
submit: (1) a table of contents listing each issue; and (2) a table of 
authorities.\10\ Case and rebuttal briefs should be filed using ACCESS.
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    \8\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 (for 
general filing requirements).
    \9\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023) (APO and Service Final Rule).
    \10\ See 19 CFR 351.309(c)(2) and (d)(2).
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    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings we have encouraged interested parties to provide an 
executive summary of their brief that should be limited to five pages 
total, including footnotes. In this review, we instead request that 
interested parties provide at the beginning of their briefs a public, 
executive summary for each issue raised in their briefs.\11\ Further, 
we request that interested parties limit their public executive summary 
of each issue to no more than 450 words, not including citations. We 
intend to use the public executive summaries as the basis of the 
comment summaries included in the issues and decision memorandum that 
will accompany the final results in this administrative review. We 
request that interested parties include footnotes for relevant 
citations in the public executive summary of each issue. Note that 
Commerce has amended certain of its requirements pertaining to the 
service of documents in 19 CFR 351.303(f).\12\
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    \11\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \12\ See APO and Service Final Rule, 88 FR at 67069.
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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. Requests should contain: (1) the party's name, address, and 
telephone number; (2) the number of participants and whether any 
participant is a foreign national; and (3) a list of issues to be 
discussed. Issues raised in the hearing will be limited to those raised 
in the respective case and rebuttal briefs. An electronically filed 
hearing request must be received successfully in its entirety via 
ACCESS by 5 p.m. Eastern Time within 30 days after the date of 
publication of this notice.

Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 
351.212(b)(1), 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 of subject merchandise covered by this review.
    If the weighted-average dumping margin for an individually examined 
respondent is not zero or de minimis (i.e., less than 0.5 percent) in 
the final results of this review, Commerce intends to calculate an 
importer-specific ad valorem antidumping duty assessment rate based on 
the ratio of the total amount of dumping calculated for each importer's 
examined sales to the total entered value of those sales, in accordance 
with 19 CFR 351.212(b)(1).\13\ We intend to instruct CBP to assess 
antidumping duties on all appropriate entries covered by this review 
when the importer-specific assessment rate calculated in the final 
results of this review is above de minimis (i.e., 0.50 percent).
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    \13\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings; Final Modification, 77 FR 8101, 8103 (February 14, 
2012) (Final Modification).
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    Where we do not have entered values for all U.S. sales to a 
particular importer (or customer), we will calculate a per-unit 
assessment rate by aggregating the antidumping duties due for all U.S. 
sales to that importer (or customer) and dividing this amount by the 
total quantity sold to that importer (or customer).\14\ To determine 
whether a per-unit assessment rate is de minimis, we will calculate 
estimated entered values.
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    \14\ See 19 CFR 351.212(b)(1).
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    If the weighted-average dumping margin for an individually examined 
respondent or an importer-specific assessment rate is zero or de 
minimis in the final results of review, we intend to instruct CBP to 
liquidate the appropriate entries without regard to antidumping 
duties.\15\ 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.\16\
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    \15\ See 19 CFR 351.106(c)(2); see also Final Modification, 77 
FR at 8103.
    \16\ See section 751(a)(2)(C) of the Act.
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    For entries of subject merchandise during the POR produced by each 
individually examined respondent for which it did not know that the 
merchandise was destined for the United States, we intend to instruct 
CBP to liquidate unreviewed entries at the all-others rate (i.e., 7.08 
percent) established in the less-than-fair-value (LTFV) investigation 
\17\ if there is no rate for the intermediate company involved in the 
transaction.\18\
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    \17\ See Order, 87 FR at 14515.
    \18\ 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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    Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after the date of publication of the final results of this 
administrative 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 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 Hyundai Steel and SeAH will be equal to 
the weighed-average dumping margin established in the final results of 
this administrative 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 of the producer of the 
merchandise; and (4) the cash deposit rate for all other producers or 
exporters will continue to be 7.08 percent, the all-others rate 
established in the LTFV investigation.\19\ These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \19\ See Order, 84 FR at 18769.
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Final Results of the Review

    Unless the deadline is extended, Commerce intends to issue the 
final results of this administrative review, including the results of 
our analysis of issues raised by interested parties in any case or 
rebuttal briefs, within 120 days

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of publication of these preliminary results in the Federal 
Register.\20\
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    \20\ See section 751(a)(3)(A) of the Act and 19 CFR 351.213(h).
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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 and/or countervailing 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 and/or countervailing duties occurred 
and the subsequent assessment of doubled antidumping duties, and/or an 
increase in the amount of antidumping duties by the amount of the 
countervailing 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: May 28, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, Performing the 
non-exclusive functions and duties of the 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. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation

Appendix II--Companies Not Selected for Individual Review

1. AJU Besteel Co., Ltd.
2. Chang Won Bending Co., Ltd.
3. Daiduck Piping Co., Ltd.
4. Dong Yang Steel Pipe Co., Ltd.
5. Dongbu Incheon Steel Co., Ltd.
6. EEW KHPC Co., Ltd.
7. EEW Korea Co., Ltd.
8. Geumok Tech. Co. Ltd.
9. Hansol Metal Co. Ltd.
10. HiSteel Co., Ltd.
11. Husteel Co., Ltd.
12. Hyundai RB Co., Ltd.
13. Il Jin Nts Co. Ltd.
14. Kiduck Industries Co., Ltd.
15. Kum Kang Kind. Co., Ltd.
16. Kumsoo Connecting Co., Ltd.
17. Nexteel Co., Ltd.
18. Seonghwa Industrial Co., Ltd.
19. SIN-E B&P Co., Ltd.
20. Steel Flower Co., Ltd.
21. WELTECH Co., Ltd.

[FR Doc. 2024-12116 Filed 5-31-24; 8:45 am]
BILLING CODE 3510-DS-P