Circular Welded Non-Alloy Steel Pipe from the Republic of Korea: Final Results of the Antidumping Duty Administrative Review, 34980-34982 [2010-14945]

Download as PDF 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effective upon publication of the final results of this review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results, as provided by section 751(a)(1) of the Act: (1) For subject merchandise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. VerDate Mar<15>2010 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). PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 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 E:\FR\FM\21JNN1.SGM 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 VerDate Mar<15>2010 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 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 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 http://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 E:\FR\FM\21JNN1.SGM 21JNN1 34982 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’’) VerDate Mar<15>2010 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 PO 00000 Frm 00013 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 http://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