[Federal Register Volume 85, Number 133 (Friday, July 10, 2020)]
[Notices]
[Pages 41538-41540]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14918]
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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; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that
producers and/or exporters subject to this administrative review made
sales of subject merchandise at less than normal value during the
period of review (POR), September 1, 2017 through August 31, 2018.
DATES: Applicable July 10, 2020.
FOR FURTHER INFORMATION CONTACT: Alice Maldonado or Whitley Herndon,
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) 482-4682 or (202)
482-6274, respectively.
[[Page 41539]]
SUPPLEMENTARY INFORMATION:
Background
This review covers 21 producers and exporters of the subject
merchandise. Commerce selected Dong-A Steel Company (DOSCO), HiSteel
Co., Ltd (HiSteel), and Kukje Steel Co., Ltd. (Kukje Steel), for
individual examination. DOSCO informed Commerce that it did not intend
to respond to the questionnaire or participate as a mandatory
respondent in this administrative review. The producers and or
exporters not selected for individual examination are listed in the
``Final Results of the Review'' section of this notice.
On November 18, 2019, Commerce published the Preliminary
Results.\1\ In January and February 2020, the petitioner,\2\ Kukje
Steel, and HiSteel submitted case and rebuttal briefs. On February 12,
2020, we postponed the final results until May 15, 2020.\3\ On April
24, 2020, Commerce tolled all deadlines in administrative reviews by 50
days, thereby extending the deadline for these results until July 6,
2020.\4\
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\1\ See Heavy Walled Rectangular Welded Carbon Steel Pipes and
Tubes from the Republic of Korea: Preliminary Results of Antidumping
Duty Administrative Review; 2017-2018, 84 FR 63613 (November 18,
2019) (Preliminary Results).
\2\ The petitioner is Nucor Tubular Products Inc., formally
known as Independence Tube Corporation and Southland Tube,
Incorporated, Nucor companies.
\3\ See Memorandum, ``Heavy Walled Rectangular Welded Carbon
Steel Pipes and Tubes from the Republic of Korea: Extension of
Deadline for Final Results of Antidumping Duty Administrative
Review,'' dated February 12, 2020.
\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews in Response to
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
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Commerce conducted this administrative review in accordance with
section 751 of the Tariff Act of 1930, as amended (the Act).
Scope of the Order
The products covered by the order are certain heavy walled
rectangular welded steel pipes and tubes from the Republic of Korea
(Korea). Products subject to the order are currently classified under
the Harmonized Tariff Schedule of the United States (HTSUS) item number
7306.61.1000. Subject merchandise may also be classified under
7306.61.3000. Although the HTSUS numbers and ASTM specification are
provided for convenience and for customs purposes, the written product
description remains dispositive.\5\
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\5\ For a full description of the scope of the order, see
Memorandum, ``Issues and Decision Memorandum for the Final Results
of the 2017-2018 Administrative Review of the Antidumping Duty Order
on Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from
the Republic of Korea,'' dated concurrently with, and hereby adopted
by, this notice (Issues and Decision Memorandum).
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs are listed in the
Appendix to this notice and addressed in the Issues and Decision
Memorandum.\6\ Interested parties can find a complete discussion of
these issues and the corresponding recommendations in this public
memorandum, which 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 http://enforcement.trade.gov/frn/index.html. The signed and electronic
versions of the Issues and Decision Memorandum are identical in
content.
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\6\ Id.
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Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, we made certain
changes to the preliminary weighted-average margin calculations for
HiSteel and Kukje Steel and for those companies not selected for
individual review.\7\
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\7\ See accompanying Issues and Decision Memorandum.
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Final Results of the Review
We are assigning the following weighted-average dumping margins to
the firms listed below for the period September 1, 2017 through August
31, 2018:
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Weighted-
average
Producers/exporters dumping
margin
(percent)
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Dong-A Steel Company \8\..................................... 53.80
HiSteel Co., Ltd............................................. 26.20
Kukje Steel Co., Ltd......................................... 35.11
Review-Specific Average Rate Applicable to the Following Companies: \9\
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Ahshin Pipe & Tube Company................................... 29.07
Bookook Steel Co., Ltd....................................... 29.07
Dongbu Steel Co., Ltd........................................ 29.07
Ganungol Industries Co. Ltd.................................. 29.07
Hanjin Steel Pipe............................................ 29.07
Husteel Co., Ltd............................................. 29.07
Hyosung Corporation.......................................... 29.07
Hyundai Steel Co............................................. 29.07
Hyundai Steel Pipe Company................................... 29.07
K Steel Co. Ltd.............................................. 29.07
Miju Steel Manufacturing Co., Ltd............................ 29.07
NEXTEEL Co., Ltd............................................. 29.07
POSCO DAEWOO................................................. 29.07
Sam Kang Industrial Co., Ltd................................. 29.07
Sam Kang Industries Co., Ltd................................. 29.07
Samson Controls Ltd., Co..................................... 29.07
SeAH Steel Corporation....................................... 29.07
Yujin Steel Industry Co. Ltd................................. 29.07
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We intend to disclose the calculations performed within five days
of the date of publication of this notice to parties in this
proceeding, in accordance with 19 CFR 351.224(b).
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\8\ As explained in the Preliminary Results and accompanying
Preliminary Decision Memorandum, mandatory respondent DOSCO failed
to respond to Commerce's questionnaire, and we applied facts
otherwise available with adverse inferences (AFA), in accordance
with section 776 of the Act. No party challenged our Preliminary
Results with respect to DOSCO or the rate selected. Therefore, we
continue to apply AFA to DOSCO, and we have continued to apply the
same rate that we are able to corroborate using transaction-specific
margins from HiSteel and Kukje Steel.
\9\ This rate is based on the rates for the respondents that
were selected for individual review, excluding rates that are zero,
de minimis, or based entirely on facts available. See section
735(c)(5)(A) of the Act. See Memorandum, ``Final Results of the
Antidumping Administrative Review of Heavy Walled Rectangular Welded
Carbon Steel Pipes and Tubes from the Republic of Korea: Calculation
of the Cash Deposit Rate for Non-Reviewed Companies,'' dated July 6,
2020.
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Assessment Rates
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), where HiSteel and Kukje Steel
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 the examined sales to the total
entered value of the sales for which entered value was reported. 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 the companies which were not selected for individual review, we
will assign an assessment rate based on the
[[Page 41540]]
average \10\ of the cash deposit rates calculated for HiSteel and Kukje
Steel. Because DOSCO withdrew its participation from this review and
reported no information to Commerce for this POR, we will instruct CBP
to apply an assessment rate to all entries it produced and/or exported
equal to the dumping margin of 53.80 percent, as indicated above. The
final results of this 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.\11\
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\10\ This rate was calculated as discussed in footnote 9.
\11\ See section 751(a)(2)(C) of the Act.
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Commerce's ``automatic assessment'' will apply to entries of
subject merchandise during the POR produced by companies included in
these final results of review for which the reviewed companies did not
know that the merchandise they sold to the intermediary (e.g., a
reseller, trading company, or exporter) was destined for the United
States. In such instances, we will instruct CBP to liquidate unreviewed
entries at the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction.
We intend to issue liquidation instructions to CBP 15 days after
publication of the final results of this administrative review.
Cash Deposit Requirements
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 publication date 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 specific
company listed above will be that established in the final results of
this 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 previously
investigated companies not participating in this review, the cash
deposit will continue to be the company-specific rate published for the
most recently completed segment of this proceeding; (3) if the exporter
is not a firm covered in this review, or the original less-than-fair-
value (LTFV) investigation, but the manufacturer is, then the cash
deposit rate will be the rate established for the most recent segment
for the manufacturer of the merchandise; and (4) the cash deposit rate
for all other manufacturers or exporters will continue to be 3.24
percent, the all-others rate established in the LTFV investigation.\12\
These deposit requirements, when imposed, shall remain in effect until
further notice.
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\12\ 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, 62866 (September 13,
2016).
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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 the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification Regarding 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 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) of the Act.
Dated: July 6, 2020.
Jeffrey I. Kessler,
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. Margin Calculations
V. Discussion of Issues
General Issues
Comment 1: Existence of a Particular Market Situation (PMS)
Comment 2: Quantification of PMS Adjustment
Comment 3: Application of PMS Adjustment
HiSteel-Specific Issues
Comment 4: Credit Expenses
Comment 5: Differential Pricing
VI. Recommendation
[FR Doc. 2020-14918 Filed 7-9-20; 8:45 am]
BILLING CODE 3510-DS-P