[Federal Register Volume 89, Number 109 (Wednesday, June 5, 2024)]
[Notices]
[Pages 48143-48145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12344]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-809]


Circular Welded Non-Alloy Steel Pipe From the Republic of Korea: 
Final Results of Antidumping Duty Administrative Review and Final 
Determination of No Shipments; 2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
Husteel Co., Ltd. (Husteel) and Hyundai Steel Company (Hyundai Steel) 
and certain producers/exporters subject to this administrative review 
made sales of circular welded non-alloy steel pipe (CWP) from the 
Republic of Korea (Korea) at less than normal value during the period 
of review (POR), November 1, 2021, through October 31, 2022.

DATES: Applicable June 5, 2024.

FOR FURTHER INFORMATION CONTACT: Dusten Hom, AD/CVD Operations, Office 
I, Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230; telephone: (202) 482-5075.

SUPPLEMENTARY INFORMATION:

Background

    On December 6, 2023, Commerce published the Preliminary Results of 
this administrative review and invited comments from interested 
parties.\1\ The review covers 23 producers and/or exporters of subject 
merchandise. A summary of the events that occurred since Commerce 
published the Preliminary Results, as well as a full discussion of the 
issues raised by parties for these final results, are discussed in the 
Issues and Decision Memorandum.\2\ Commerce conducted this review in 
accordance with section 751(a) of the Tariff Act of 1930, as amended 
(the Act).
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    \1\ See Circular Welded Non-Alloy Steel Pipe from the Republic 
of Korea: Preliminary Results of Antidumping Duty Administrative 
Review and Preliminary Determination of No Shipments; 2021-2022, 88 
FR 84780 (December 6, 2023) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum (PDM).
    \2\ See Memorandum, ``Decision Memorandum for the Final Results 
of the Administrative Review of the Antidumping Duty Order on 
Circular Welded Non-Alloy Steel Pipe from the Republic of Korea; 
2021-2022,'' dated concurrently with, and hereby adopted by, this 
notice (Issues and Decision Memorandum).

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[[Page 48144]]

Scope of the Order 3
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    \3\ See Notice of Antidumping Duty Orders: Certain Circular 
Welded Non-Alloy Steel Pipe from Brazil, the Republic of Korea 
(Korea), Mexico, and Venezuela, and Amendment to Final Determination 
of Sales at Less Than Fair Value: Certain Circular Welded Non-Alloy 
Steel Pipe from Korea, 57 FR 49453 (November 2, 1992) (Order).
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    The merchandise subject to the Order is circular welded non-alloy 
steel pipe and tube. For a complete description of the scope of the 
Order, see the Issues and Decision Memorandum.\4\
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    \4\ Id.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs filed by parties 
in this review are listed in Appendix I to this notice and addressed in 
the Issues and Decision Memorandum. The Issues and 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 Issues 
and Decision Memorandum can be accessed at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    For reasons explained in the Issues and Decision Memorandum, we 
made a change to the calculation of Hyundai Steel's U.S. credit 
expense. For a more detailed discussion of the changes, see the Issues 
and Decision Memorandum.\5\
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    \5\ Id.
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Final Determination of No Shipments

    In the Preliminary Results, Commerce determined that HiSteel Co., 
Ltd (HiSteel) had no shipments of subject merchandise during the POR. 
No party commented on this issue and because we have not received any 
information to contradict our preliminary finding, we continue to find 
that HiSteel did not have any shipments of subject merchandise during 
the POR and intend to issue appropriate instructions to U.S. Customs 
and Border Protection (CBP) based on the final results of this review.

Rate for Non-Examined Companies

    The statute and Commerce's regulations do not address the 
establishment of a rate to be applied to 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 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} .'' In this review, we calculated a 
weighted-average dumping margin for the mandatory respondents, Husteel 
and Hyundai Steel, that are 0.65 and 0.85 percent, respectively, and we 
have assigned to the non-selected companies a rate of 0.75 percent, 
which is the weighted-average dumping margin of Husteel and Hyundai 
Steel, weighted by their publicly ranged U.S. sales values.\6\
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    \6\ With two respondents under examination, Commerce normally 
calculates: (A) a weighted-average of the dumping margins calculated 
for the examined respondents; (B) a simple average of the dumping 
margins calculated for the examined respondents; and (C) a weighted-
average of the dumping margins calculated for the examined 
respondents using each company's publicly-ranged U.S. sale 
quantities 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. 
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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Final Results of Administrative Review

    We determine that the following estimated weighted-average dumping 
margins exist for the period November 1, 2021 through October 31, 2022:
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    \7\ See Appendix II for a full list of these companies.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
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Husteel Co., Ltd............................................        0.65
Hyundai Steel Company.......................................        0.85
Review-Specific Rate for Non-Examined Companies \7\.........        0.75
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Disclosure

    We intend to disclose the calculations performed in connection with 
these final results to parties in this proceeding 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), 
Commerce shall determine, 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. For 
any individually examined respondents whose weighted-average dumping 
margin is above de minimis, we calculated 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. 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 entries of subject merchandise during the POR produced by 
Husteel or Hyundai Steel for which they did not know that the 
merchandise was destined to the United States, we will instruct CBP to 
liquidate those entries at the all-others rate of 4.80 percent, if 
there is no rate for the intermediate company(ies) involved in the 
transaction.\8\
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    \8\ 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 
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 subject merchandise entered, or withdrawn from warehouse, 
for consumption on or after the publication date of the final results 
of this administrative review in the Federal Register, as provided for 
by section 751(a)(2) of the Act: (1) the cash deposit rate for 
companies subject to this review will be the rates established in these 
final results of the review; (2) for merchandise exported by producers

[[Page 48145]]

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 recent period; (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 recent period for the 
producer of the merchandise; (4) the cash deposit rate for all other 
producers or exporters will continue to be 4.80 percent,\9\ the all-
others rate established in the investigation. These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \9\ 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 POR. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of antidumping duties has occurred and the subsequent assessment of 
double antidumping duties.

Notification Regarding Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction 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 the return or 
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

    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5).

    Dated: May 30, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. No Shipment Determination
VI. Discussion of the Issues
    Comment 1: Hyundai Steel U.S. Credit Expenses
    Comment 2: Constructed Export Price (CEP) Offset
    Comment 3: Differential Pricing
VII. Recommendation

Appendix II

List of Companies Not Individually Examined

1. Aju Besteel
2. Bookook Steel
3. Chang Won Bending
4. Dae Ryung
5. Daewoo Shipbuilding & Marine Engineering (Dsme)
6. Daiduck Piping
7. Dong Yang Steel Pipe
8. Dongbu Steel \10\
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    \10\ This company is also known as Dongbu Steel Co., Ltd.
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9. Eew Korea Company
10. Hyundai Rb
11. Hyundai Steel Company \11\
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    \11\ This company is also known as Hyundai Steel Corporation; 
Hyundai Steel; and Hyundai Steel (Pipe Division).
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12. Kiduck Industries
13. Kum Kang Kind
14. Kumsoo Connecting
15. Miju Steel Mfg.\12\
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    \12\ This company is also known as Miju Steel Manufacturing.
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16. Samkang M&T
17. Seah Fs
18. Seah Steel \13\
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    \13\ This company is also known as Seah Steel Corporation.
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19. Steel Flower
20. Vesta Co., Ltd.
21. Ycp Co.

[FR Doc. 2024-12344 Filed 6-4-24; 8:45 am]
BILLING CODE 3510-DS-P