Circular Welded Non-Alloy Steel Pipe From the Republic of Korea: Final Results of the Antidumping Duty Administrative Review, 36089-36091 [2011-15453]

Download as PDF Federal Register / Vol. 76, No. 119 / Tuesday, June 21, 2011 / Notices CEP offset to NV in accordance with section 773(a)(7)(B) of the Act. On account of these changes, the final dumping margin for Mueller has changed. For a more detailed description of these changes, see the Memorandum from Mark Flessner to the File entitled ‘‘Certain Circular Welded Non-Alloy Steel Pipe from Mexico: PostPreliminary Results Analysis Memorandum for Mueller Comercial, S. de R.L. de C.V.,’’ dated June 13, 2011 (Final Results Analysis Memorandum), which is on file in the Department’s Central Records Unit, Room 7046 of the main Commerce building; see also the accompanying Decision Memorandum. Final Results of Review We determine the following percentage margin exists for the period November 1, 2008 to October 31, 2009: Manufacturer/exporter Weightedaverage margin (percentage) Ternium (formerly known as Hylsa) ....................... Mueller .............................. 48.33 19.81 Assessment The Department will determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries, pursuant to section 751(a)(1) of the Act and 19 CFR 351.212(b). We will issue appraisement instructions directly to CBP to assess antidumping duties on appropriate entries by applying the assessment rate to the entered value of the merchandise. Pursuant to 19 CFR 356.8(a), the Department intends to issue assessment instructions to CBP 41 days after the date of publication of these final results of review. wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1 Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of these final results for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of these final results of administrative review, consistent with section 751(a)(1) of the Act: (1) The cash deposit rate for the reviewed companies will be the rate listed above; (2) if the exporter is not a firm covered in this review, but was covered in a previous review or the original less-than-fairvalue (LTFV) investigation, the cash deposit rate will continue to be the company-specific rate published for the most recent period; (3) if the exporter is not a firm covered in this review, a prior review, or the original LTFV VerDate Mar<15>2010 15:25 Jun 20, 2011 Jkt 223001 investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recent period for the manufacturer of the merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 32.62 percent, the all-others rate established in the LTFV investigation. See Final Determination of Sales at Less Than Fair Value: Circular Welded Non-Alloy Steel Pipe From Mexico, 57 FR 42953 (September 17, 1992). These deposit requirements, when imposed, shall remain in effect until further notice. Notification to Interested Parties This notice also 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 Department’s presumption that reimbursement of the antidumping duties occurred and the subsequent assessment of doubled antidumping duties. This notice also serves as a reminder to parties subject to administrative protective orders (APOs) of their responsibility concerning the disposition 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 or 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. This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: June 13, 2011. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. Appendix—List of Issues in Decision Memorandum Comment 1: Total AFA for TUNA Because It ‘‘should have known’’ Its Products Were Exported to the United States. Comment 2: Treatment of ‘‘Negative Dumping Margins.’’ (Zeroing) Comment 3: Partial AFA for Mueller Because of Failure to Report Manufacturer for Sales. Comment 4: Application of Adverse Inferences to TERNIUM’s Reported Information. Comment 5: Application of Adverse Inferences to TUNA’s Reported PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 36089 Information. Comment 6: Use of Production Quantities for Calculating Mueller’s CONNUM– Specific Costs. Comment 7: Inclusion of Impairment Losses in General and Administrative Expenses. Comment 8: Other Minor Revisions to the G&A Expense Ratio. [FR Doc. 2011–15461 Filed 6–20–11; 8:45 am] BILLING CODE 3510–DS–P 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 Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On December 14, 2010, 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, 2008, through October 31, 2009. This review covers six producers/ exporters of the subject merchandise to the United States: SeAH Steel Corporation (‘‘SeAH’’); Husteel Co., Ltd. (‘‘Husteel’’); Nexteel Co. Ltd. (‘‘Nexteel’’); Hyundai HYSCO; Kumkang Industrial Co., Ltd.; and A–JU Besteel Co., Ltd. SeAH, Husteel, and Nexteel were the three mandatory respondents. We gave the interested parties an opportunity to comment on the preliminary results. Based on our analysis of the comments received, we have made changes to the margin calculations. The final weighted-average dumping margins for the reviewed firms are listed below in the section entitled ‘‘Final Results of Review.’’ DATES: Effective Date: June 21, 2011. FOR FURTHER INFORMATION CONTACT: Joshua Morris or Matthew Jordan, AD/ CVD Operations, Office 1, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone (202) 482–1779 or (202) 482– 1540, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background Following publication of Circular Welded Non-Alloy Steel Pipe From the Republic of Korea: Preliminary Results of the Antidumping Duty Administrative E:\FR\FM\21JNN1.SGM 21JNN1 36090 Federal Register / Vol. 76, No. 119 / Tuesday, June 21, 2011 / Notices wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1 Review, 75 FR 77838 (December 14, 2010) (‘‘Preliminary Results’’) in the Federal Register, we invited parties to comment on the Preliminary Results. On January 10, 2011, we received a request from United States Steel Corporation (‘‘U.S. Steel’’) to extend the deadline for submitting case briefs. We agreed to extend the deadline to January 31, 2011. We received case briefs from SeAH; Husteel; Nexteel; and U.S. Steel. Nexteel’s initial case brief contained new factual information, and was thus not accepted. Nexteel removed the new factual information and resubmitted its case brief on February 16, 2011. We received rebuttal briefs from Nexteel; Allied Tube and Conduit and TMK IPSCO (‘‘Allied Tube Group’’); SeAH; and U.S. Steel. On March 1, 2011, the Department sought further information from all interested parties regarding grade classification, particularly with respect to ASTM A–53 Grade A and ASTM A–53 Grade B pipe. We received information from SeAH; Nexteel; Nexteel’s U.S. customer; U.S. Steel; Allied Tube Group; and Hyundai HYSCO. The Department allowed for further briefing regarding this grade issue, and we received submissions from SeAH; Nexteel; U.S. Steel; Allied Tube Group; and Hyundai HYSCO. None of the parties requested a hearing. On March 22, 2011, 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 13, 2011, 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 the Final Results of the Antidumping Duty Administrative Review, 76 FR 15941 (March 22, 2011). 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 VerDate Mar<15>2010 15:25 Jun 20, 2011 Jkt 223001 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 linepipe 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 of the United States (‘‘HTSUS’’) 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 HTSUS 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 2008–2009 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 7046 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. PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 Changes Since the Preliminary Results Based on our analysis of the comments received, we made the following changes in calculating dumping margins: (1) Eliminated the inadvertent double counting of the major input adjustment for SeAH; (2) changed the universe of sales to be used for margin calculation purposes for SeAH and Husteel to all U.S. sales entered for consumption during the period of review; (3) adjusted the costs for ASTM A–53 Grade B control numbers (‘‘CONNUMs’’); specifically, for ASTM A–53 Grade B CONNUMs for which there is an otherwise identical ASTM A–53 Grade A CONNUM, we have weight averaged together the costs of the ASTM A–53 Grade A and Grade B CONNUMs (a) for SeAH, all costs by quarter, using production quantity for weighting purposes, and (b) for Nexteel, the variable costs and total costs (where available) using sales quantity for weighting; however, for ASTM A–53 Grade B CONNUMs for which there is no identical ASTM A–53 Grade A CONNUM, we continue to use the cost as reported for ASTM A–53 Grade B, including where other specifications were reported in the same CONNUM as ASTM A–53 Grade B; 4) for Nexteel, changed the CONNUM of ASTM A–53 Grade B sales to reflect the change in classification of ASTM A–53 Grade B from ‘‘pressure’’ to ‘‘ordinary’’ for product comparison purposes. Cost of Production Consistent with the Preliminary Results, we disregarded home market sales by SeAH and Husteel that failed the cost-of-production test. Final Results of the Review We determine that a weighted-average dumping margin exists for the three mandatory respondents, SeAH, Husteel, and Nexteel, for the period November 1, 2008, through October 31, 2009. Respondents other than mandatory respondents received the weightedaverage of the margins calculated for SeAH, Husteel, and Nexteel. Manufacturer/exporter SeAH Steel Corporation ....... Husteel Co., Ltd .................... Nexteel Co., Ltd .................... Hyundai HYSCO ................... Kumkang Industrial Co., Ltd A–JU Besteel Co., Ltd .......... Weightedaverage margin percent 4.99 2.25 12.90 8.17 8.17 8.17 Public Comment The Department will disclose calculations performed within five days E:\FR\FM\21JNN1.SGM 21JNN1 Federal Register / Vol. 76, No. 119 / Tuesday, June 21, 2011 / Notices wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1 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 review. For SeAH and Husteel, 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 and Husteel. See 19 CFR 351.212(b)(1). Nexteel reported the importer of record for certain of its U.S. sales. Pursuant to 19 CFR 351.212(b)(1), for all sales where Nexteel reported the importer of record, Nexteel submitted the reported entered value of the U.S. sales and the Department has calculated importer-specific assessment rates based on the ratio of the total amount of antidumping duties calculated for the examined sales to the total entered value of those sales. For certain U.S. sales, Nexteel did not report the importer or the entered value. For purposes of calculating importerspecific assessment rates, calculated per-unit duty assessment rates for the merchandise in question by aggregating the dumping margins calculated for all U.S. sales to each importer and dividing this amount by the total quantity of those sales. To determine whether the duty assessment rates were de minimis, in accordance with the requirement set forth in 19 CFR 351.106(c)(2), the Department calculated importer-specific ad valorem ratios based on the actual or estimated entered value. Where entered values were not reported (for Nexteel), we treated Nexteel’s U.S. customer as the importer of record and we calculated entered value as U.S. price net of international movement expenses. For the companies that were not selected for individual review, we calculated an assessment rate based on the weighted-average of the cash deposit rates calculated for companies selected for individual review, where those rates were not de minimis or based on adverse facts available, in accordance with Department practice. Pursuant to 19 CFR 351.106(c)(2), we will instruct CBP to liquidate without VerDate Mar<15>2010 15:25 Jun 20, 2011 Jkt 223001 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 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 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, PO 00000 Frm 00014 Fmt 4703 Sfmt 9990 36091 1992). These deposit requirements 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 13, 2011. Paul Piquado, Acting Deputy Assistant Secretary for Import Administration. Appendix—Issues in Decision Memorandum General Issues Comment 1 Zeroing-Out Negative Dumping Margins Comment 2 Application of the Cost Recovery Test Comment 3 Time for Parties To Comment on Methodology Comment 4 Grade Classification Comment 5 Universe of Home Market and U.S. Sales for Margin Analysis SEAH Issues Comment 6 Double Counting the Major Input Adjustment Comment 7 Letters of Credit Charges NEXTEEL Issues Comment 8 Programming Revisions [FR Doc. 2011–15453 Filed 6–20–11; 8:45 am] BILLING CODE 3510–DS–P E:\FR\FM\21JNN1.SGM 21JNN1

Agencies

[Federal Register Volume 76, Number 119 (Tuesday, June 21, 2011)]
[Notices]
[Pages 36089-36091]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-15453]


-----------------------------------------------------------------------

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 14, 2010, 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, 2008, through October 31, 2009. This review covers 
six producers/exporters of the subject merchandise to the United 
States: SeAH Steel Corporation (``SeAH''); Husteel Co., Ltd. 
(``Husteel''); Nexteel Co. Ltd. (``Nexteel''); Hyundai HYSCO; Kumkang 
Industrial Co., Ltd.; and A-JU Besteel Co., Ltd. SeAH, Husteel, and 
Nexteel were the three mandatory respondents. We gave the interested 
parties an opportunity to comment on the preliminary results. Based on 
our analysis of the comments received, we have made changes to the 
margin calculations. The final weighted-average dumping margins for the 
reviewed firms are listed below in the section entitled ``Final Results 
of Review.''

DATES: Effective Date: June 21, 2011.

FOR FURTHER INFORMATION CONTACT: Joshua Morris or Matthew Jordan, AD/
CVD Operations, Office 1, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone (202) 482-
1779 or (202) 482-1540, respectively.

SUPPLEMENTARY INFORMATION:

Background

    Following publication of Circular Welded Non-Alloy Steel Pipe From 
the Republic of Korea: Preliminary Results of the Antidumping Duty 
Administrative

[[Page 36090]]

Review, 75 FR 77838 (December 14, 2010) (``Preliminary Results'') in 
the Federal Register, we invited parties to comment on the Preliminary 
Results. On January 10, 2011, we received a request from United States 
Steel Corporation (``U.S. Steel'') to extend the deadline for 
submitting case briefs. We agreed to extend the deadline to January 31, 
2011. We received case briefs from SeAH; Husteel; Nexteel; and U.S. 
Steel. Nexteel's initial case brief contained new factual information, 
and was thus not accepted. Nexteel removed the new factual information 
and resubmitted its case brief on February 16, 2011. We received 
rebuttal briefs from Nexteel; Allied Tube and Conduit and TMK IPSCO 
(``Allied Tube Group''); SeAH; and U.S. Steel.
    On March 1, 2011, the Department sought further information from 
all interested parties regarding grade classification, particularly 
with respect to ASTM A-53 Grade A and ASTM A-53 Grade B pipe. We 
received information from SeAH; Nexteel; Nexteel's U.S. customer; U.S. 
Steel; Allied Tube Group; and Hyundai HYSCO. The Department allowed for 
further briefing regarding this grade issue, and we received 
submissions from SeAH; Nexteel; U.S. Steel; Allied Tube Group; and 
Hyundai HYSCO. None of the parties requested a hearing.
    On March 22, 2011, 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 13, 2011, 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 the Final Results of the 
Antidumping Duty Administrative Review, 76 FR 15941 (March 22, 2011).

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 of the United States (``HTSUS'') 
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 HTSUS 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 2008-2009 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 7046 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) Eliminated the 
inadvertent double counting of the major input adjustment for SeAH; (2) 
changed the universe of sales to be used for margin calculation 
purposes for SeAH and Husteel to all U.S. sales entered for consumption 
during the period of review; (3) adjusted the costs for ASTM A-53 Grade 
B control numbers (``CONNUMs''); specifically, for ASTM A-53 Grade B 
CONNUMs for which there is an otherwise identical ASTM A-53 Grade A 
CONNUM, we have weight averaged together the costs of the ASTM A-53 
Grade A and Grade B CONNUMs (a) for SeAH, all costs by quarter, using 
production quantity for weighting purposes, and (b) for Nexteel, the 
variable costs and total costs (where available) using sales quantity 
for weighting; however, for ASTM A-53 Grade B CONNUMs for which there 
is no identical ASTM A-53 Grade A CONNUM, we continue to use the cost 
as reported for ASTM A-53 Grade B, including where other specifications 
were reported in the same CONNUM as ASTM A-53 Grade B; 4) for Nexteel, 
changed the CONNUM of ASTM A-53 Grade B sales to reflect the change in 
classification of ASTM A-53 Grade B from ``pressure'' to ``ordinary'' 
for product comparison purposes.

Cost of Production

    Consistent with the Preliminary Results, we disregarded home market 
sales by SeAH and Husteel that failed the cost-of-production test.

Final Results of the Review

    We determine that a weighted-average dumping margin exists for the 
three mandatory respondents, SeAH, Husteel, and Nexteel, for the period 
November 1, 2008, through October 31, 2009. Respondents other than 
mandatory respondents received the weighted-average of the margins 
calculated for SeAH, Husteel, and Nexteel.

------------------------------------------------------------------------
                                                             Weighted-
                  Manufacturer/exporter                   average margin
                                                              percent
------------------------------------------------------------------------
SeAH Steel Corporation..................................            4.99
Husteel Co., Ltd........................................            2.25
Nexteel Co., Ltd........................................           12.90
Hyundai HYSCO...........................................            8.17
Kumkang Industrial Co., Ltd.............................            8.17
A-JU Besteel Co., Ltd...................................            8.17
------------------------------------------------------------------------

Public Comment

    The Department will disclose calculations performed within five 
days

[[Page 36091]]

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 review.
    For SeAH and Husteel, 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 and Husteel. See 19 CFR 
351.212(b)(1).
    Nexteel reported the importer of record for certain of its U.S. 
sales. Pursuant to 19 CFR 351.212(b)(1), for all sales where Nexteel 
reported the importer of record, Nexteel submitted the reported entered 
value of the U.S. sales and the Department has calculated importer-
specific assessment rates based on the ratio of the total amount of 
antidumping duties calculated for the examined sales to the total 
entered value of those sales.
    For certain U.S. sales, Nexteel did not report the importer or the 
entered value. For purposes of calculating importer-specific assessment 
rates, calculated per-unit duty assessment rates for the merchandise in 
question by aggregating the dumping margins calculated for all U.S. 
sales to each importer and dividing this amount by the total quantity 
of those sales.
    To determine whether the duty assessment rates were de minimis, in 
accordance with the requirement set forth in 19 CFR 351.106(c)(2), the 
Department calculated importer-specific ad valorem ratios based on the 
actual or estimated entered value. Where entered values were not 
reported (for Nexteel), we treated Nexteel's U.S. customer as the 
importer of record and we calculated entered value as U.S. price net of 
international movement expenses.
    For the companies that were not selected for individual review, we 
calculated an assessment rate based on the weighted-average of the cash 
deposit rates calculated for companies selected for individual review, 
where those rates were not de minimis or based on adverse facts 
available, in accordance with Department practice.
    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 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 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 deposit 
requirements 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 13, 2011.
Paul Piquado,
Acting Deputy Assistant Secretary for Import Administration.

Appendix--Issues in Decision Memorandum

General Issues
    Comment 1 Zeroing-Out Negative Dumping Margins
    Comment 2 Application of the Cost Recovery Test
    Comment 3 Time for Parties To Comment on Methodology
    Comment 4 Grade Classification
    Comment 5 Universe of Home Market and U.S. Sales for Margin 
Analysis
SEAH Issues
    Comment 6 Double Counting the Major Input Adjustment
    Comment 7 Letters of Credit Charges
NEXTEEL Issues
    Comment 8 Programming Revisions

[FR Doc. 2011-15453 Filed 6-20-11; 8:45 am]
BILLING CODE 3510-DS-P