Circular Welded Non-Alloy Steel Pipe from the Republic of Korea: Final Results of the Antidumping Duty Administrative Review, 34980-34982 [2010-14945]
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34980
Federal Register / Vol. 75, No. 118 / Monday, June 21, 2010 / Notices
which will be equivalent to the
company-specific dumping margins
published in these final results of this
review. Specifically, the following cash
deposit requirements will be effective
upon publication of the final results of
this review for all shipments of the
subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date of the final results, as provided by
section 751(a)(1) of the Act: (1) For
subject merchandise exported by Henan
Weite, Qingdao Xintianfeng, Shanghai
LJ, or Weifang Hongqiao, the cash
deposit rate will be the per-unit rate
determined in the final results of the
administrative review; (2) for subject
merchandise exported by Anqiu Friend,
Tianma Freezing, or Weifang Shennong
the cash deposit rates will be the perunit rate determined in the final results
of the administrative review; (3) for
subject merchandise exported by PRC
exporters subject to this administrative
review that have not been found to be
entitled to a separate rate (see Appendix
2), the cash deposit rate will be the perunit PRC-wide rate determined in the
final results of administrative review;
(4) for subject merchandise exported by
all other PRC exporters of subject
merchandise that have not been found
to be entitled to a separate rate, the cash
deposit rate will be the per-unit PRCwide rate determined in the final results
of administrative review; (5) for
previously-investigated or previouslyreviewed PRC and non-PRC exporters
who received a separate rate in a prior
segment of the proceeding (and which
were not reviewed in this segment of the
proceeding), the cash deposit rate will
continue to be the rate assigned in that
segment of the proceeding; (6) the cash
deposit rate for non-PRC exporters of
subject merchandise which have not
received their own rate will be the rate
applicable to the PRC exporter that
supplied that non-PRC exporter. These
requirements, when imposed, shall
remain in effect until further notice.
sroberts on DSKD5P82C1PROD with NOTICES
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.
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15:46 Jun 18, 2010
Jkt 220001
Administrative Protective Orders
This notice also serves as a reminder
to parties subject to administrative
protective orders (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305, which continues
to govern business proprietary
information in this segment of the
proceeding. Timely written notification
of the 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
which is subject to sanction.
This administrative review and notice
are in accordance with sections
751(a)(1) and 777(i) of the Act and 19
CFR 351.213.
Dated: June 14, 2010.
Paul Piquado,
Acting Deputy Assistant Secretary for Import
Administration.
4. Jining Trans-High Trading Co., Ltd.
5. Jinan Yipin Corporation Ltd.
6. Jining Yongjia Trade Co., Ltd.
(rescinded).
7. Jinxiang Dongyun Freezing Storage Co.,
Ltd. (a/k/a Jinxiang Eastward Shipping
Import and Export Limited Company).
8. Jinxiang Shanyang Freezing Storage Co.,
Ltd.
9. Jinxiang Tianma Freezing Storage Co.,
Ltd.
10. Qingdao Xintianfeng Foods Co., Ltd.
11. Qingdao Saturn International Trade
Co., Ltd.
12. Qufu Dongbao Import & Export Trade
Co., Ltd.
13. Shanghai Ever Rich Trade Company.
14. Shanghai LJ International Trading Co.,
Ltd.
15. Shenzhen Fanhui Import & Export Co.,
Ltd.
16. Shenzhen Greening Trading Co., Ltd.
17. Taiyan Ziyang Food Co., Ltd.
18. Weifang Hongqiao International
Logistic Co., Ltd.
19. Weifang Shennong Foodstuff Co., Ltd.
[FR Doc. 2010–14959 Filed 6–18–10; 8:45 am]
BILLING CODE 3510–DS–P
Appendix 1
Issue 1: Whether the Petitioners’ Request
for Review of Jinan Yipin was Deficient.
Issue 2: Whether the Department Should
Rescind its Administrative Review with
Respect to Jinan Yipin and Shenzhen
Greening.
Issue 3: Whether the Requirement That a
Party Timely Certify No-Shipments is Unfair
and Arbitrary.
Issue 4: Application of PRC-Wide Rate to
Jinan Yipin and Shenzhen Greening.
Issue 5: Rescission of Shenzhen Xinboda.
Issue 6: Determination of Separate Rate.
Appendix 2
Companies Under Review Subject to the
PRC-Wide Rate
1. Jining Trans-High Trading Co., Ltd.
2. Qingdao Saturn International Trade Co.,
Ltd.
3. Shenzhen Fanhui Import & Export Co.,
Ltd.
4. Heze Ever-Best International Trade Co.,
Ltd. (f/k/a Shandong Heze International
Trade and Developing Company)
5. Jinan Yipin Corporation Ltd.
6. Jinxiang Dongyun Freezing Storage Co.,
Ltd. (a/k/a Jinxiang Eastward Shipping
Import and Export Limited Company)
7. Jinxiang Shanyang Freezing Storage Co.,
Ltd.
8. Qufu Dongbao Import & Export Trade
Co., Ltd.
9. Shenzhen Greening Trading Co., Ltd.
10. Shanghai Ever Rich Trade Company
11. Taiyan Ziyang Food Co., Ltd.
Appendix 3
Companies Subject to the Administrative
Review
1. Anqiu Friend Food Co., Ltd.
2. Henan White Industrial Co., Ltd.
3. Heze Ever-Best International Trade Co.,
Ltd. (f/k/a Shandong Heze International
Trade and Developing Company).
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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 the Antidumping Duty
Administrative Review
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On December 8, 2009, the
Department of Commerce (the
‘‘Department’’) published the
preliminary results of the administrative
review of the antidumping duty order
on circular welded non–alloy steel pipe
(‘‘CWP’’) from the Republic of Korea
(‘‘Korea’’), covering the period November
1, 2007, through October 31, 2008. See
Circular Welded Non–Alloy Steel Pipe
from the Republic of Korea: Preliminary
Results and Rescission in Part of the
Antidumping Duty Administrative
Review, 74 FR 64670 (December 8, 2009)
(‘‘Preliminary Results’’). This review
covers six producers/exporters of the
subject merchandise to the United
States: SeAH Steel Corporation
(‘‘SeAH’’), Dongbu Steel Co., Ltd., Korea
Iron & Steel Co., Ltd., Union Steel Co.,
Ltd., Nexteel Co. Ltd., and A–JU Besteel
Co., Ltd. SeAH is the only mandatory
respondent. We gave the interested
parties an opportunity to comment on
the Preliminary Results. Based on our
analysis of the comments received and
the results of verification, we have made
changes to the margin calculation. The
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21JNN1
Federal Register / Vol. 75, No. 118 / Monday, June 21, 2010 / Notices
final weighted–average dumping
margins for the reviewed firms are listed
below in the section entitled ‘‘Final
Results of Review.’’
EFFECTIVE DATE: June 21, 2010.
FOR FURTHER INFORMATION CONTACT:
Alexander Montoro or Nancy Decker,
AD/CVD Operations, Office 1, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, N.W., Washington, DC 20230;
telephone (202) 482–0238 or (202) 482–
0196, respectively.
SUPPLEMENTARY INFORMATION:
sroberts on DSKD5P82C1PROD with NOTICES
Background
Following the Preliminary Results, the
Department issued an additional
supplemental questionnaire to SeAH on
December 11, 2009, and SeAH
responded on December 29, 2009.
From January 18 through January 22,
2010, we conducted the home market
sales verification of the questionnaire
responses of SeAH, and from February
8 through February 10, 2010, we
conducted the U.S. sales verification of
the questionnaire responses of SeAH at
Pusan Pipe America (‘‘PPA’’). The
Department released its verification
reports for SeAH and PPA to interested
parties on April 12, 2010.
As explained in the memorandum
from the Deputy Assistant Secretary for
Import Administration, the Department
exercised its discretion to toll deadlines
for the duration of the closure of the
Federal Government from February 5,
through February 12, 2010. Thus, all
deadlines in this segment of the
proceeding were extended by seven
days. The revised deadline for the final
results of this administrative review was
thus extended to April 14, 2010. See
Memorandum to the Record from
Ronald Lorentzen, DAS for Import
Administration, regarding ‘‘Tolling of
Administrative Deadlines As a Result of
the Government Closure During the
Recent Snowstorms,’’ dated February 12,
2010.
On March 23, 2010, the Department
published in the Federal Register an
extension of the time limit for the
completion of the final results of this
review until no later than June 14, 2010,
in accordance with section 751(a)(3)(A)
of the Tariff Act of 1930, as amended (‘‘
the Act’’), and 19 CFR 351.213(h)(2). See
Circular Welded Non–Alloy Steel Pipe
from the Republic of Korea: Extension of
Time Limit for the Final Results and
Rescission in Part of the Antidumping
Duty Administrative Review, 75 FR
13729 (March 23, 2010).
We invited parties to comment on the
Preliminary Results. We received case
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15:46 Jun 18, 2010
Jkt 220001
briefs on April 26, 2010, from SeAH and
the petitioners, United States Steel
Corporation (‘‘U.S. Steel’’), Allied Tube
and Conduit Corporation and TMK
IPSCO Tubulars. On May 3, 2010, SeAH
and U.S. Steel submitted rebuttal briefs.
None of the parties requested a hearing.
Scope of the Order
The merchandise subject to this
review is circular welded non–alloy
steel pipe and tube, of circular crosssection, not more than 406.4mm (16
inches) in outside diameter, regardless
of wall thickness, surface finish (black,
galvanized, or painted), or end finish
(plain end, beveled end, threaded, or
threaded and coupled). These pipes and
tubes are generally known as standard
pipes and tubes and are intended for the
low–pressure conveyance of water,
steam, natural gas, air, and other liquids
and gases in plumbing and heating
systems, air–conditioning units,
automatic sprinkler systems, and other
related uses. Standard pipe may also be
used for light load–bearing applications,
such as for fence tubing, and as
structural pipe tubing used for framing
and as support members for
reconstruction or load–bearing purposes
in the construction, shipbuilding,
trucking, farm equipment, and other
related industries. Unfinished conduit
pipe is also included in this review.
All carbon–steel pipes and tubes
within the physical description outlined
above are included within the scope of
this review except line pipe, oil–country
tubular goods, boiler tubing, mechanical
tubing, pipe and tube hollows for
redraws, finished scaffolding, and
finished conduit. In accordance with the
Department’s Final Negative
Determination of Scope Inquiry on
Certain Circular Welded Non–Alloy
Steel Pipe and Tube From Brazil, the
Republic of Korea, Mexico, and
Venezuela, 61 FR 11608 (March 21,
1996), pipe certified to the API 5L line–
pipe specification and pipe certified to
both the API 5L line–pipe specifications
and the less–stringent ASTM A–53
standard–pipe specifications, which
falls within the physical parameters as
outlined above, and entered as line pipe
of a kind used for oil and gas pipelines
is outside of the scope of the
antidumping duty order.
Imports of these products are
currently classifiable under the
following Harmonized Tariff Schedule
(‘‘HTS’’) subheadings: 7306.30.10.00,
7306.30.50.25, 7306.30.50.32,
7306.30.50.40, 7306.30.50.55,
7306.30.50.85, and 7306.30.50.90.
Although the HTS subheadings are
provided for convenience and customs
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34981
purposes, our written description of the
scope of this proceeding is dispositive.
Analysis of Comments Received
All issues raised in the case briefs are
addressed in the ‘‘Issues and Decision
Memorandum for the 2007–2008
Administrative Review of Circular
Welded Non–Alloy Steel Pipe from the
Republic of Korea’’ (‘‘Issues and
Decision Memorandum’’), which is
dated concurrently with and hereby
adopted by this notice. A list of the
issues which parties raised and to
which we responded in the Issues and
Decision Memorandum is attached to
this notice as an Appendix. The Issues
and Decision Memorandum is a public
document which is on file in the Central
Records Unit in room 1117 in the main
Department building, and is accessible
on the web at https://www.ia.ita.doc.gov/
frn. The paper copy and electronic
version of the memorandum are
identical in content.
Changes Since the Preliminary Results
Based on our analysis of the
comments received, we made the
following changes in calculating
dumping margins: (1) we revised the
calculations from the Preliminary
Results to account for minor corrections
that SeAH submitted during the home
market and constructed export price
(‘‘CEP’’) sales verifications; (2) we
included SeAH’s allowance for doubtful
accounts in the indirect selling expense
calculation; (3) we reclassified the
reported grades of certain pipes for
product comparison purposes; (4) we
treated all of SeAH’s letter of credit
charges related to its U.S. sales as direct
selling expenses; (5) we corrected the
margin program by calculating SeAH’s
dumping margin by comparing monthly
weighted–average normal values to
individual U.S. prices; and (6) excluded
inventory valuation losses from SeAH’s
cost calculations. For further details, see
‘‘Cost of Production and Constructed
Value Calculation Adjustments for the
Final Results - SeAH Steel Corporation,’’
and ‘‘Final Results Calculation
Memorandum for SeAH Steel
Corporation,’’ and see also Issues and
Decision Memorandum, all dated June
14, 2010.
Cost of Production
Consistent with the Preliminary
Results, we disregarded home market
sales by SeAH that failed the cost–ofproduction test.
Final Results of the Review
We determine that a weighted–
average dumping margin exists for the
mandatory respondent, SeAH, for the
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Federal Register / Vol. 75, No. 118 / Monday, June 21, 2010 / Notices
period November 1, 2007, through
October 31, 2008. Respondents other
than mandatory respondents normally
receive the weighted–average of the
margins calculated for those companies
selected for individual review (i.e.,
mandatory respondents), excluding de
minimis margins or margins based
entirely on adverse facts available. In
this case, respondents other than SeAH
are receiving SeAH’s calculated margin
as SeAH is the only remaining
mandatory respondent.
Manufacturer/exporter
Weighted–average
margin percent
SeAH Steel Corporation
Dongbu Steel Co., Ltd.
Korea Iron & Steel Co.,
Ltd. ............................
Union Steel Co., Ltd. ....
Nexteel Co., Ltd. ...........
A–JU Besteel Co., Ltd.
3.28
3.28
3.28
3.28
3.28
3.28
Public Comment
The Department will disclose
calculations performed within five days
of the date of publication of this notice
to the parties to this proceeding in
accordance with 19 CFR 351.224(b).
sroberts on DSKD5P82C1PROD with NOTICES
Assessment Rates
The Department shall determine, and
U.S. Customs and Border Protection
(‘‘CBP’’) shall assess, antidumping duties
on all appropriate entries, in accordance
with 19 CFR 351.212(b)(1). The
Department will issue appropriate
appraisement instructions for the
companies subject to this review
directly to CBP 15 days after the date of
publication of these final results of this
review.
For SeAH, we will calculate
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 sales, as
reported by SeAH. See 19 CFR
351.212(b)(1). For the companies which
were not selected for individual review,
we will use SeAH’s cash deposit rate as
the assessment rate. Pursuant to 19 CFR
351.106(c)(2), we will instruct CBP to
liquidate without regard to antidumping
duties any entries for which the
assessment rate is de minimis (i.e., less
than 0.50 percent).
The Department clarified its
‘‘automatic assessment’’ regulation on
May 6, 2003. See Antidumping and
Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003) (‘‘Assessment
Policy Notice’’). This clarification will
apply to entries of subject merchandise
during the period of review (‘‘POR’’)
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15:46 Jun 18, 2010
Jkt 220001
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 intermediary
involved in the transaction. See
Assessment Policy Notice for a full
discussion of this clarification.
Cash Deposit Requirements
The following deposit rates will be
effective upon publication of the final
results of this administrative review for
all shipments of CWP from Korea
entered, or withdrawn from warehouse,
for consumption on or after the
publication date, as provided by section
751(a)(2)(C) of the Act: (1) The cash
deposit rates for the companies listed
above will be the rates established in the
final results of this review, except if the
rate is less than 0.5 percent and,
therefore, de minimis, the cash deposit
will be zero; (2) for previously reviewed
or investigated companies not listed
above, the cash deposit rate will
continue to be the company–specific
rate published for the most recent final
results in which that manufacturer or
exporter participated; (3) if the exporter
is not a firm covered in this review, a
prior review, or the original less–thanfair–value (‘‘LTFV’’) investigation, but
the manufacturer is, the cash deposit
rate will be the rate established for the
most recent final results for the
manufacturer of the merchandise; and
(4) if neither the exporter nor the
manufacturer is a firm covered in this or
any previous review conducted by the
Department, the cash deposit rate will
be 4.80 percent, the ‘‘all others’’ rate
established in the LTFV investigation.
See Notice of Antidumping Duty Orders:
Certain Circular Welded Non–Alloy
Steel Pipe from Brazil, the Republic of
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). These cash deposit requirements,
when imposed, shall remain in effect
until further notice.
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
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Fmt 4703
Sfmt 4703
result in the Secretary’s presumption
that reimbursement of antidumping
duties occurred and the subsequent
assessment of double antidumping
duties.
Notification to Interested Parties
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). 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.
These final results of review are
issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act.
Dated: June 14, 2010.
Paul Piquado,
Acting Deputy Assistant Secretary for Import
Administration.
Appendix Issues in Decision
Memorandum
Comment 1: Application of Quarterly
Costs
Comment 2: Inventory Valuation Loss
Comment 3: Application of the Major
Input Rule
Comment 4: Allowance for Doubtful
Accounts/Bad Debts
Comment 5: Ordinary Pipe versus
Pressure Pipe Classification
Comment 6: Bank Charges Incurred:
Letter of Credit Charges
Comment 7: Recalculating SeAH’s
Dumping Margin by Comparing
Monthly Weighted–Average Normal
Values to Individual U.S. Prices
Comment 8: Zeroing–Out Negative
Dumping Margins
[FR Doc. 2010–14945 Filed 6–18–10; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–968]
Aluminum Extrusions from the
People’s Republic of China: Notice of
Postponement of Preliminary
Determination in the Countervailing
Duty Investigation
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: June 21, 2010.
E:\FR\FM\21JNN1.SGM
21JNN1
]]>Agencies
[Federal Register Volume 75, Number 118 (Monday, June 21, 2010)]
[Notices]
[Pages 34980-34982]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-14945]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-809]
Circular Welded Non-Alloy Steel Pipe from the Republic of Korea:
Final Results of the Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On December 8, 2009, the Department of Commerce (the
``Department'') published the preliminary results of the administrative
review of the antidumping duty order on circular welded non-alloy steel
pipe (``CWP'') from the Republic of Korea (``Korea''), covering the
period November 1, 2007, through October 31, 2008. See Circular Welded
Non-Alloy Steel Pipe from the Republic of Korea: Preliminary Results
and Rescission in Part of the Antidumping Duty Administrative Review,
74 FR 64670 (December 8, 2009) (``Preliminary Results''). This review
covers six producers/exporters of the subject merchandise to the United
States: SeAH Steel Corporation (``SeAH''), Dongbu Steel Co., Ltd.,
Korea Iron & Steel Co., Ltd., Union Steel Co., Ltd., Nexteel Co. Ltd.,
and A-JU Besteel Co., Ltd. SeAH is the only mandatory respondent. We
gave the interested parties an opportunity to comment on the
Preliminary Results. Based on our analysis of the comments received and
the results of verification, we have made changes to the margin
calculation. The
[[Page 34981]]
final weighted-average dumping margins for the reviewed firms are
listed below in the section entitled ``Final Results of Review.''
EFFECTIVE DATE: June 21, 2010.
FOR FURTHER INFORMATION CONTACT: Alexander Montoro or Nancy Decker, AD/
CVD Operations, Office 1, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, N.W., Washington, DC 20230; telephone (202) 482-
0238 or (202) 482-0196, respectively.
SUPPLEMENTARY INFORMATION:
Background
Following the Preliminary Results, the Department issued an
additional supplemental questionnaire to SeAH on December 11, 2009, and
SeAH responded on December 29, 2009.
From January 18 through January 22, 2010, we conducted the home
market sales verification of the questionnaire responses of SeAH, and
from February 8 through February 10, 2010, we conducted the U.S. sales
verification of the questionnaire responses of SeAH at Pusan Pipe
America (``PPA''). The Department released its verification reports for
SeAH and PPA to interested parties on April 12, 2010.
As explained in the memorandum from the Deputy Assistant Secretary
for Import Administration, the Department exercised its discretion to
toll deadlines for the duration of the closure of the Federal
Government from February 5, through February 12, 2010. Thus, all
deadlines in this segment of the proceeding were extended by seven
days. The revised deadline for the final results of this administrative
review was thus extended to April 14, 2010. See Memorandum to the
Record from Ronald Lorentzen, DAS for Import Administration, regarding
``Tolling of Administrative Deadlines As a Result of the Government
Closure During the Recent Snowstorms,'' dated February 12, 2010.
On March 23, 2010, the Department published in the Federal Register
an extension of the time limit for the completion of the final results
of this review until no later than June 14, 2010, in accordance with
section 751(a)(3)(A) of the Tariff Act of 1930, as amended (`` the
Act''), and 19 CFR 351.213(h)(2). See Circular Welded Non-Alloy Steel
Pipe from the Republic of Korea: Extension of Time Limit for the Final
Results and Rescission in Part of the Antidumping Duty Administrative
Review, 75 FR 13729 (March 23, 2010).
We invited parties to comment on the Preliminary Results. We
received case briefs on April 26, 2010, from SeAH and the petitioners,
United States Steel Corporation (``U.S. Steel''), Allied Tube and
Conduit Corporation and TMK IPSCO Tubulars. On May 3, 2010, SeAH and
U.S. Steel submitted rebuttal briefs. None of the parties requested a
hearing.
Scope of the Order
The merchandise subject to this review is circular welded non-alloy
steel pipe and tube, of circular cross-section, not more than 406.4mm
(16 inches) in outside diameter, regardless of wall thickness, surface
finish (black, galvanized, or painted), or end finish (plain end,
beveled end, threaded, or threaded and coupled). These pipes and tubes
are generally known as standard pipes and tubes and are intended for
the low-pressure conveyance of water, steam, natural gas, air, and
other liquids and gases in plumbing and heating systems, air-
conditioning units, automatic sprinkler systems, and other related
uses. Standard pipe may also be used for light load-bearing
applications, such as for fence tubing, and as structural pipe tubing
used for framing and as support members for reconstruction or load-
bearing purposes in the construction, shipbuilding, trucking, farm
equipment, and other related industries. Unfinished conduit pipe is
also included in this review.
All carbon-steel pipes and tubes within the physical description
outlined above are included within the scope of this review except line
pipe, oil-country tubular goods, boiler tubing, mechanical tubing, pipe
and tube hollows for redraws, finished scaffolding, and finished
conduit. In accordance with the Department's Final Negative
Determination of Scope Inquiry on Certain Circular Welded Non-Alloy
Steel Pipe and Tube From Brazil, the Republic of Korea, Mexico, and
Venezuela, 61 FR 11608 (March 21, 1996), pipe certified to the API 5L
line-pipe specification and pipe certified to both the API 5L line-pipe
specifications and the less-stringent ASTM A-53 standard-pipe
specifications, which falls within the physical parameters as outlined
above, and entered as line pipe of a kind used for oil and gas
pipelines is outside of the scope of the antidumping duty order.
Imports of these products are currently classifiable under the
following Harmonized Tariff Schedule (``HTS'') subheadings:
7306.30.10.00, 7306.30.50.25, 7306.30.50.32, 7306.30.50.40,
7306.30.50.55, 7306.30.50.85, and 7306.30.50.90. Although the HTS
subheadings are provided for convenience and customs purposes, our
written description of the scope of this proceeding is dispositive.
Analysis of Comments Received
All issues raised in the case briefs are addressed in the ``Issues
and Decision Memorandum for the 2007-2008 Administrative Review of
Circular Welded Non-Alloy Steel Pipe from the Republic of Korea''
(``Issues and Decision Memorandum''), which is dated concurrently with
and hereby adopted by this notice. A list of the issues which parties
raised and to which we responded in the Issues and Decision Memorandum
is attached to this notice as an Appendix. The Issues and Decision
Memorandum is a public document which is on file in the Central Records
Unit in room 1117 in the main Department building, and is accessible on
the web at https://www.ia.ita.doc.gov/frn. The paper copy and electronic
version of the memorandum are identical in content.
Changes Since the Preliminary Results
Based on our analysis of the comments received, we made the
following changes in calculating dumping margins: (1) we revised the
calculations from the Preliminary Results to account for minor
corrections that SeAH submitted during the home market and constructed
export price (``CEP'') sales verifications; (2) we included SeAH's
allowance for doubtful accounts in the indirect selling expense
calculation; (3) we reclassified the reported grades of certain pipes
for product comparison purposes; (4) we treated all of SeAH's letter of
credit charges related to its U.S. sales as direct selling expenses;
(5) we corrected the margin program by calculating SeAH's dumping
margin by comparing monthly weighted-average normal values to
individual U.S. prices; and (6) excluded inventory valuation losses
from SeAH's cost calculations. For further details, see ``Cost of
Production and Constructed Value Calculation Adjustments for the Final
Results - SeAH Steel Corporation,'' and ``Final Results Calculation
Memorandum for SeAH Steel Corporation,'' and see also Issues and
Decision Memorandum, all dated June 14, 2010.
Cost of Production
Consistent with the Preliminary Results, we disregarded home market
sales by SeAH that failed the cost-of-production test.
Final Results of the Review
We determine that a weighted-average dumping margin exists for the
mandatory respondent, SeAH, for the
[[Page 34982]]
period November 1, 2007, through October 31, 2008. Respondents other
than mandatory respondents normally receive the weighted-average of the
margins calculated for those companies selected for individual review
(i.e., mandatory respondents), excluding de minimis margins or margins
based entirely on adverse facts available. In this case, respondents
other than SeAH are receiving SeAH's calculated margin as SeAH is the
only remaining mandatory respondent.
------------------------------------------------------------------------
Weighted-average
Manufacturer/exporter margin percent
------------------------------------------------------------------------
SeAH Steel Corporation.............................. 3.28
Dongbu Steel Co., Ltd............................... 3.28
Korea Iron & Steel Co., Ltd......................... 3.28
Union Steel Co., Ltd................................ 3.28
Nexteel Co., Ltd.................................... 3.28
A-JU Besteel Co., Ltd............................... 3.28
------------------------------------------------------------------------
Public Comment
The Department will disclose calculations performed within five
days of the date of publication of this notice to the parties to this
proceeding in accordance with 19 CFR 351.224(b).
Assessment Rates
The Department shall determine, and U.S. Customs and Border
Protection (``CBP'') shall assess, antidumping duties on all
appropriate entries, in accordance with 19 CFR 351.212(b)(1). The
Department will issue appropriate appraisement instructions for the
companies subject to this review directly to CBP 15 days after the date
of publication of these final results of this review.
For SeAH, we will calculate 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 sales, as reported by SeAH. See 19 CFR 351.212(b)(1). For the
companies which were not selected for individual review, we will use
SeAH's cash deposit rate as the assessment rate. Pursuant to 19 CFR
351.106(c)(2), we will instruct CBP to liquidate without regard to
antidumping duties any entries for which the assessment rate is de
minimis (i.e., less than 0.50 percent).
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003. See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003)
(``Assessment Policy Notice''). This clarification will apply to
entries of subject merchandise during the period of review (``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 intermediary involved in the
transaction. See Assessment Policy Notice for a full discussion of this
clarification.
Cash Deposit Requirements
The following deposit rates will be effective upon publication of
the final results of this administrative review for all shipments of
CWP from Korea entered, or withdrawn from warehouse, for consumption on
or after the publication date, as provided by section 751(a)(2)(C) of
the Act: (1) The cash deposit rates for the companies listed above will
be the rates established in the final results of this review, except if
the rate is less than 0.5 percent and, therefore, de minimis, the cash
deposit will be zero; (2) for previously reviewed or investigated
companies not listed above, the cash deposit rate will continue to be
the company-specific rate published for the most recent final results
in which that manufacturer or exporter participated; (3) if the
exporter is not a firm covered in this review, a prior review, or the
original less-than-fair-value (``LTFV'') investigation, but the
manufacturer is, the cash deposit rate will be the rate established for
the most recent final results for the manufacturer of the merchandise;
and (4) if neither the exporter nor the manufacturer is a firm covered
in this or any previous review conducted by the Department, the cash
deposit rate will be 4.80 percent, the ``all others'' rate established
in the LTFV investigation. See Notice of Antidumping Duty Orders:
Certain Circular Welded Non-Alloy Steel Pipe from Brazil, the Republic
of 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). These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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 to Interested Parties
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). 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.
These final results of review are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: June 14, 2010.
Paul Piquado,
Acting Deputy Assistant Secretary for Import Administration.
Appendix Issues in Decision Memorandum
Comment 1: Application of Quarterly Costs
Comment 2: Inventory Valuation Loss
Comment 3: Application of the Major Input Rule
Comment 4: Allowance for Doubtful Accounts/Bad Debts
Comment 5: Ordinary Pipe versus Pressure Pipe Classification
Comment 6: Bank Charges Incurred: Letter of Credit Charges
Comment 7: Recalculating SeAH's Dumping Margin by Comparing Monthly
Weighted-Average Normal Values to Individual U.S. Prices
Comment 8: Zeroing-Out Negative Dumping Margins
[FR Doc. 2010-14945 Filed 6-18-10; 8:45 am]
BILLING CODE 3510-DS-S
