Circular Welded Non-Alloy Steel Pipe From the Republic of Korea: Final Results of the Antidumping Duty Administrative Review, 36089-36091 [2011-15453]
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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entered, or withdrawn from warehouse,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
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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
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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
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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 https://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
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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
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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
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]]>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 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) 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
