[Federal Register Volume 89, Number 201 (Thursday, October 17, 2024)]
[Notices]
[Pages 83643-83644]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23983]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-809, A-580-870, A-580-876, A-580-897]
Circular Welded Non-Alloy Steel Pipe From the Republic of Korea;
Certain Oil Country Tubular Goods From the Republic of Korea; Welded
Line Pipe From the Republic of Korea; and Large Diameter Welded Pipe
From the Republic of Korea: Notice of Preliminary Results of
Antidumping Duty Changed Circumstances Reviews
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that Hyundai Steel Pipe Co., Ltd. (HSP) is the successor-in-
interest to Hyundai Steel Company (Hyundai Steel) in the context of the
antidumping duty (AD) orders on circular welded non-alloy steel pipe
(CWP), certain oil country tubular goods (OCTG), welded line pipe
(WLP), and large diameter welded pipe (LDWP) from the Republic of Korea
(Korea). Therefore, HSP is entitled to Hyundai Steel's AD cash deposit
rate with respect to entries of the subject merchandise in the above-
referenced proceedings. Interested parties are invited to comment on
these preliminary results.
DATES: Applicable October 17, 2024.
FOR FURTHER INFORMATION CONTACT: George McMahon, 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) 482-1167.
SUPPLEMENTARY INFORMATION:
Background
On March 11, 2024, HSP requested that, pursuant to section
751(b)(1) of the Tariff Act of 1930, as amended (the Act), 19 CFR
351.216, and 19 CFR 351.221(c)(3), Commerce conduct a changed
circumstances review (CCR) to determine that HSP is the successor-in-
interest to Hyundai Steel and, accordingly, to assign HSP the cash
deposit rates currently applicable to Hyundai Steel pursuant to the CWP
Order; OCTG Order; Welded Line Pipe Order; and LDWP Order.\1\ On April
25, 2024, Commerce published the notice of initiation of a CCR to
determine if HSP is the successor-in-interest to Hyundai Steel in the
above-referenced Orders.\2\
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\1\ See Notice of Antidumping 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) (CWP Order); 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; 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) (OCTG
Order); Welded Line Pipe from the Republic of Korea and the Republic
of Turkey: Antidumping Duty Orders, 80 FR 75056 (December 1, 2015)
(WLP Order); and Large Diameter Welded Pipe from the Republic of
Korea: Amended Final Affirmative Antidumping Determination and
Antidumping Duty Order, 84 FR 18767 (May 2, 2019) (LDWP Order)
(collectively, the Orders).
\2\ See Circular Welded Non-Alloy Steel Pipe from the Republic
of Korea; Oil Country Tubular Goods from the Republic of Korea;
Welded Line Pipe from the Republic of Korea; and Large Diameter
Welded Pipe from the Republic of Korea: Notice of Initiation of
Antidumping Duty Changed Circumstances Reviews, 89 FR 31726 (April
25, 2024).
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Scope of the Orders
The merchandise covered by these orders is CWP, OCTG, WLP, and LDWP
from Korea. For a complete description of the scope of each of these
orders, see the Preliminary Decision Memorandum.\3\
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\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Antidumping Duty Changed Circumstances Review of Circular
Welded Non-Alloy Steel Pipe from the Republic of Korea; Certain Oil
Country Tubular Goods from the Republic of Korea; Welded Line Pipe
from the Republic of Korea; and Large Diameter Welded Pipe from the
Republic of Korea,'' dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
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Legal Framework
In determining whether one company is the successor-in-interest to
another company as part of an AD proceeding, Commerce examines several
factors including, but not limited to: (1) management and ownership;
(2) production facilities; (3) supplier relationships; and (4) customer
base.\4\ Although no single factor, or combination of factors, will
necessarily provide a dispositive indication of successorship,
generally, Commerce will consider one company to be the successor-in-
interest to another company if its operations are not materially
dissimilar to those of the other company.\5\ Thus, if the totality of
the evidence demonstrates that, with respect to the production and sale
of the subject merchandise, the new company operates as the same
business entity as the prior company, Commerce will find the new
company to be the successor-in-interest to the prior company and assign
the new company the cash deposit rate of its predecessor.\6\
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\4\ See, e.g., Ball Bearings and Parts Thereof from France:
Final Results of Changed-Circumstances Review, 75 FR 34688 (June 18,
2010), and accompanying Issues and Decision Memorandum (IDM) at
Comment 1.
\5\ See, e.g., Fresh and Chilled Atlantic Salmon from Norway;
Final Results of Changed Circumstances Antidumping Duty
Administrative Review, 64 FR 9979, 9979-80 (March 1, 1999).
\6\ Id.; see also Brass Sheet and Strip from Canada; Final
Results of Antidumping Duty Administrative Review, 57 FR 20460 (May
13, 1992), and accompanying IDM at Comment 1.
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Preliminary Results of the CCR
In accordance with 19 CFR 351.216, we preliminarily determine that
HSP is the successor-in-interest to Hyundai Steel with respect to the
subject merchandise and the Orders because record evidence, as
submitted by HSP, indicates that HSP operates as essentially the same
business entity as Hyundai Steel. HSP's management and ownership,
production facilities, supplier relationships, and customer base are
the same, or substantially the same, as those of Hyundai Steel. Based
on the foregoing, which is explained in greater detail in the
Preliminary Decision Memorandum, we preliminarily determine that HSP is
the successor-in-interest to Hyundai Steel and, as such, that HSP is
entitled to Hyundai Steel's AD cash deposit rates with respect to
entries of subject merchandise.
For a complete discussion of the information that HSP provided, and
the complete successor-in-interest analysis, see the Preliminary
Decision Memorandum. A list of topics discussed in the Preliminary
Decision Memorandum is included as an appendix to this notice. The
Preliminary Decision Memorandum is a public document and is on file
electronically
[[Page 83644]]
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.
Public Comment
In accordance with 19 CFR 351.309(c)(1)(ii), interested parties may
submit case briefs no later than 14 days after the date of publication
of this notice. Rebuttal briefs, limited to issues raised in case
briefs, may be filed no later than seven days after the case briefs, in
accordance with 19 CFR 351.309(d).
Interested parties who submit case or rebuttal briefs must submit:
(1) a table of contents listing each issue discussed in the brief; and
(2) a table of authorities.\7\ 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.\8\ Further, we request that interested parties limit their
executive summary of each issue to no more than 450 words, not
including citations. We intend to use the executive summaries as the
basis of the comment summaries included in the issues and decision
memorandum that will accompany the final results in this review. We
request that interested parties include footnotes for relevant
citations in the executive summary of each issue.
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\7\ See 19 CFR 351.309(c)(2) and (d)(2).
\8\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, filed electronically via ACCESS, within 14
days of publication of this notice. Requests should contain the
following information: (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. If a
request for a hearing is made, Commerce will inform parties of the date
and time for the hearing.
All submissions are to be filed electronically using ACCESS. An
electronically filed document must be received successfully in its
entirety by ACCESS by 5:00 p.m. Eastern Time on the day it is due.\9\
Note that Commerce has temporarily modified certain of its requirements
for serving documents containing business proprietary information,
until further notice.\10\
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\9\ See 19 CFR 351.303(b).
\10\ 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).
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Final Results of Changed Circumstances Reviews
Consistent with 19 CFR 351.216(e), we intend to issue the final
results of this CCR no later than 270 days after the date on which this
review was initiated, or within 45 days of publication of these
preliminary results, if all parties agree to the preliminary findings.
Notification to Interested Parties
We are issuing these preliminary results notice in accordance with
sections 751(b)(1) and 777(i) of the Act, and 19 CFR 351.216(b) and
351.221(b)(1).
Dated: October 10, 2024.
Scot Fullerton,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in Preliminary Decision Memorandum
I. Summary
II. Background
III. Scopes of the Orders
IV. Current Cash Deposit Rates
V. Successor-in-Interest Determination
VI. Recommendation
[FR Doc. 2024-23983 Filed 10-16-24; 8:45 am]
BILLING CODE 3510-DS-P