[Federal Register Volume 90, Number 128 (Tuesday, July 8, 2025)]
[Notices]
[Pages 30050-30051]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-12693]
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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: Final 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) finds that heavy
walled rectangular welded carbon steel pipes and tubes (HWRPT) from the
Republic of Korea (Korea) were not sold at less than normal value
during the period of review (POR) September 1, 2022, through August 31,
2023.
DATES: Applicable July 8, 2025.
FOR FURTHER INFORMATION CONTACT: Sofia Pedrelli, 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) 482-4301.
SUPPLEMENTARY INFORMATION:
Background
On October 8, 2024, Commerce published in the Federal Register the
preliminary results of the 2022-2023 administrative review \1\ of the
antidumping duty order on HWRPT from Korea.\2\
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\1\ See Heavy Walled Rectangular Welded Carbon Steel Pipes and
Tubes from the Republic of Korea: Preliminary Results and Rescission
of Antidumping Duty Administrative Review, in Part; 2022-2023, 89 FR
81425 (October 8, 2024) (Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM).
\2\ 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).
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The review covers one company: HiSteel Co., Ltd. (HiSteel).
We invited parties to comment on the Preliminary Results.\3\ On
November 7, 2024, we received case briefs from both HiSteel and the
petitioner, Nucor Tubular Products Inc. (Nucor); we received a rebuttal
brief from HiSteel on November 12, 2024.\4\ On December 9, 2024, we
tolled administrative deadlines for antidumping and countervailing duty
reviews by 90 days.\5\ For a complete description of the events that
occurred since the Preliminary Results, see the Issues and Decision
Memorandum.\6\ Commerce conducted this administrative review in
accordance with section 751(a)(1)(B) of the Tariff Act of 1930, as
amended (the Act).
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\3\ See Preliminary Results.
\4\ See HiSteel's Letter, ``HiSteel's Case Brief,'' dated
November 7, 2024; see also Nucor's Letter, ``Nucor Tubular's Case
Brief,'' dated November 7, 2024; and HiSteel's Letter, ``HiSteel's
Rebuttal Brief,'' dated November 12, 2024.
\5\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 9, 2024.
\6\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Administrative Review of the Antidumping Duty
Order on Heavy Walled Rectangular Welded Carbon Steel Pipes and
Tubes from the Republic of Korea; 2022-2023,'' dated concurrently
with, and hereby adopted by, this notice (Issues and Decision
Memorandum).
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Scope of the Order
The products covered by the Order are HWRPT from Korea. A complete
description of the scope of the Order is contained in the Issues and
Decision Memorandum.
Analysis of Comments Received
All issues raised in the case briefs filed by interested parties in
this administrative review are addressed in the Issues and Decision
Memorandum and are listed in an appendix to this notice. 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 http://access.trade.gov. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding the Preliminary Results, and for the
reasons explained in the Issues and Decision Memorandum, Commerce made
certain changes to the preliminary weighted-average dumping margin
calculations for HiSteel for the final results of review.\7\
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\7\ See Issues and Decision Memorandum.
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On June 13 and June 16, 2025, respectively, the U.S. Court of
Appeals for the Federal Circuit (Federal Circuit) issued mandates based
on the Federal Circuit's opinions in Marmen and Stupp.\8\ In its
opinions, the Federal Circuit held that it is unreasonable to use the
Cohen's d test when the Cohen's d test is applied to data that do not
satisfy certain statistical criteria. Accordingly, in an effort to
comply with the Federal Circuit's holdings regarding the Cohen's d
test, Commerce has revised the differential pricing analysis used in
these final results, as described in the Issues and Decision
Memorandum.\9\
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\8\ See Marmen Inc. v. United States, 134 F.4th 1334 (Fed. Cir.
2025) (Marmen); Stupp Corp. v. United States, 2025 U.S. App. LEXIS
9616 (Fed. Cir. 2025) (non-precedential) (Stupp).
\9\ Although Commerce's preference is to provide interested
parties with an opportunity to comment, given the impending
statutory deadline of section 751(a)(2)(B)(iii) of the Act for the
final results of this administrative review, there is insufficient
time to allow for comments on the revised differential pricing
analysis and related calculations for comment in this administrative
review. Commerce's use of the average-to-average method in these
final results remains unchanged from the Preliminary Results of this
review. See Preliminary Results PDM at 6. Though parties did not
have an opportunity to comment on the use of Commerce's new
differential pricing analysis for the final results of this review,
the new analysis did not impact the methodology used to calculate
the dumping margin in these final results. No party argued in its
case brief that the average-to-average method should not be used in
the calculation of HiSteel's dumping margin in this review.
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Final Results of Administrative Review
As a result of this review, we determine that the following
estimated weighted-average dumping margins exist for the period
September 1, 2022, through August 31, 2023:
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping
margin
(percent)
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HiSteel Co., Ltd........................................... 0.00
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Disclosure
Commerce intends to disclose the calculations performed in
connection with these final results of review to interested parties
within five days after public announcement of the final results or, if
there is no public announcement, within five days of the date of
publication of this notice in the Federal Register, in accordance with
19 CFR 351.224(b).
Assessment Rate
Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR
351.212(b)(1), Commerce has determined, 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.
Pursuant to 19 CFR 351.212(b)(1), because HiSteel reported the
entered value of their U.S. sales, we calculated importer-specific ad
valorem duty assessment rates based on the ratio of the total amount of
dumping calculated for each importer's examined sales and the total
entered value of those sales.
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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 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 POI produced by each
individually examined respondent for which the producer did not know
that the merchandise was destined for the United States, we will
instruct CBP to liquidate unreviewed entries at the all-others rate
established in the less-than-fair-value (LTFV) investigation (i.e.,
3.24 percent) \10\ if there is no rate for the intermediate
company(ies) involved in the transaction.\11\
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\10\ See Order.
\11\ 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
Upon publication of this notice in the Federal Register, the
following cash deposit requirements will be effective for all shipments
of the subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the date of publication of the final results of
this administrative review, as provided by section 751(a)(2)(C) of the
Act: (1) the cash deposit rate for each company listed above will be
equal to the weighted-average dumping margin established in the final
results of this review; (2) for merchandise exported by producers or
exporters not covered in this review but covered in a prior completed
segment of the proceeding, the cash deposit rate will continue to be
the company-specific rate published in the completed segment for the
most recent period; (3) if the exporter is not a firm covered in this
review, a prior review, or the original LTFV investigation, but the
producer has been covered in a prior completed segment of this
proceeding, 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 LTFV investigation for this proceeding.\12\ These
cash deposit requirements, when imposed, shall remain in effect until
further notice.
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\12\ Id.
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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 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 doubled antidumping duties.
Administrative Protective Order
This notice serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition 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 return/destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and terms of an APO is a violation subject
to sanction.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.221(b)(5).
Dated: July 1, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
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. Differential Pricing Analysis
VI. Discussion of the Issues
Comment 1: Whether to Remove an Added Perimeter Reporting Code
Comment 2: Treatment of Sales Excluded in Preliminary
Calculations
VII. Recommendation
[FR Doc. 2025-12693 Filed 7-7-25; 8:45 am]
BILLING CODE 3510-DS-P