Circular Welded Non-Alloy Steel Pipe From the Republic of Korea: Final Results of the Antidumping Duty Administrative Review, 34344-34346 [2012-14147]
Download as PDF
34344
Federal Register / Vol. 77, No. 112 / Monday, June 11, 2012 / Notices
Dongtai Peak and Petitioners filed
rebuttal briefs.
srobinson on DSK4SPTVN1PROD with NOTICES
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to these
reviews are addressed in the ‘‘Issues and
Decision Memorandum: Administrative
Review of Honey from the People’s
Republic of China: Final Rescission of
Antidumping Duty Administrative
Review,’’ (‘‘Issues and Decision
Memorandum’’) which is dated
concurrently with this notice, and
which is hereby adopted by this notice.
A list of the issues which parties raised
and to which we respond in the Issues
and Decision Memorandum is attached
to this notice as Appendix I. The Issues
and Decision Memorandum is a public
document and is on file electronically
via Import Administration’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(‘‘IA ACCESS’’). Access to IA ACCESS
is available in the Central Records Unit,
room 7046 of the main Department of
Commerce building. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly on the Internet at https://
www.trade.gov/ia/. The signed Issues
and Decision Memorandum and the
electronic versions of the Issues and
Decisions Memorandum are identical in
content.
Scope of the Order
The products covered by the order are
natural honey, artificial honey
containing more than 50 percent natural
honey by weight, preparations of natural
honey containing more than 50 percent
natural honey by weight and flavored
honey. The subject merchandise
includes all grades and colors of honey
whether in liquid, creamed, comb, cut
comb, or chunk form, and whether
packaged for retail or in bulk form.
The merchandise subject to the order
is currently classifiable under
subheadings 0409.00.00, 1702.90.90,
2106.90.99, 0409.00.0010, 0409.00.0035,
0409.00.0005, 0409.00.0045,
0409.00.0056, and 0409.00.0065 of the
Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’). Although the
HTSUS subheadings are provided for
convenience and customs purposes, the
Department’s written description of the
merchandise under the order is
dispositive.
Final Rescission of Administrative
Review
In the Preliminary Rescission, the
Department preliminarily rescinded the
administrative review of Dongtai Peak,
whose POR sales the Department found
VerDate Mar<15>2010
20:21 Jun 08, 2012
Jkt 226001
to be not bona fide.8 The Department
received comments with respect to our
preliminary decision to rescind the
review. The Department continues to
find the sales made by Dongtai Peak
during the POR to be not bona fide.9
Therefore, we are rescinding this
review of the antidumping duty order
on honey from the PRC for the period
of December 1, 2009, through November
30, 2010. The cash deposit rate for the
Dongtai Peak will continue to be the rate
established in the most recently
completed segment of this proceeding.10
The Department will instruct U.S.
Customs and Border Protection (‘‘CBP’’)
to assess antidumping duties on all
appropriate entries. Because the
Department has not completed an
administrative review, antidumping
duties shall be assessed at rates equal to
the cash deposit of estimated
antidumping duties required at the time
of entry, or withdrawal from warehouse,
for consumption, in accordance with 19
CFR 351.212(c)(2). The Department
intends to issue appropriate assessment
instructions directly to CBP 15 days
after publication of this notice.
Notification to Importers
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR 351.402(f)
to file a certificate regarding the
reimbursement of antidumping duties
prior to liquidation of the relevant
entries during this POR. Failure to
comply with this requirement could
result in the Department’s presumption
that reimbursement of antidumping
duties has occurred and the subsequent
assessment of doubled antidumping
duties.
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
8 See Preliminary Rescission; see also
Memorandum to James C. Doyle, Director, Office 9;
through Catherine Bertrand, Program Manager; from
Josh Startup, International Trade Compliance
Analyst; regarding Antidumping Duty
Administrative Review of Honey from the People’s
Republic of China: Bona fide Analysis of the Sales
Under Review for Dongtai Peak Honey Industry Co.,
Ltd. (dated December 23, 2011).
9 See Issues and Decision Memorandum.
10 See Administrative Review of Honey from the
People’s Republic of China: Final Results of
Antidumping Duty Administrative Review and
Rescission of Review, In Part, 75 FR 24880 (May 6,
2010).
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
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.
We are issuing and publishing this
administrative review and notice in
accordance with sections 751(a)(1) and
777(i) of the Tariff Act of 1930, as
amended and 19 CFR 351.213(d)(4).
Dated: June 4, 2012.
Paul Piquado,
Assistant Secretary for Import
Administration.
Appendix I—Decision Memorandum
Company Specific Issues
Comment 1: Bona Fide Analysis of Dongtai
Peak’s Sales.
Comment 2: Validity of the Company
Certification Provided by the Resale
Customer.
Comment 3: Alleged Undisclosed U.S.
Affiliate D.T. Peak.
[FR Doc. 2012–14142 Filed 6–8–12; 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 7, 2011, 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’’). The review covers the period
November 1, 2009, through October 31,
2010, and two producers/exporters of
the subject merchandise to the United
States: SeAH Steel Corporation
(‘‘SeAH’’) and Hyundai HYSCO
(‘‘HYSCO’’). Based on our analysis of
the comments received from interested
parties, we have made changes to the
margin calculations. The final weightedaverage dumping margins for the
reviewed firms are listed below in the
section entitled ‘‘Final Results of
Review.’’
AGENCY:
DATES:
Effective Date: June 11, 2012.
FOR FURTHER INFORMATION CONTACT:
Mary Kolberg or Jennifer Meek, AD/CVD
Operations, Office 1, Import
Administration, International Trade
E:\FR\FM\11JNN1.SGM
11JNN1
34345
Federal Register / Vol. 77, No. 112 / Monday, June 11, 2012 / Notices
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone (202) 482–1785 or (202) 482–
2778, respectively.
SUPPLEMENTARY INFORMATION:
Background
Following Circular Welded Non-Alloy
Steel Pipe From the Republic of Korea:
Preliminary Results of the Antidumping
Duty Administrative Review, 76 FR
76369, 76374 (December 7, 2011)
(‘‘Preliminary Results’’), the Department
requested additional information on the
U.S. date of sale. Accordingly, we
postponed the briefing schedule. We
sent supplemental questionnaires to
HYSCO and SeAH on January 20, and
January 27, 2012, respectively, and we
received timely responses on February
3, and February 22, 2012, respectively.
On February 15, 2012, 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 4, 2012,
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, 77 FR 8808 (February 15, 2012).
We received case briefs from
Wheatland Tube Company
(‘‘Wheatland’’), United States Steel
Corporation (‘‘U.S. Steel’’), HYSCO, and
SeAH on March 14, 2012. On March 22,
2012, U.S. Steel, Wheatland, Allied
Tube and Conduit and TMK IPSCO,
SeAH, and HYSCO submitted rebuttal
briefs. On January 6, 2012, Wheatland
requested a hearing, but withdrew its
request on April 5, 2012. Thus, no
hearing was held.
Scope of the Order
The merchandise subject to the order
is circular welded non-alloy steel pipe
and tube, of circular cross-section, not
more than 406.4 mm (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 the order.
All carbon-steel pipes and tubes
within the physical description outlined
above are included within the scope of
the order except line pipe, oil-country
tubular goods, boiler tubing, mechanical
tubing, pipe and tube hollows for
redraws, finished scaffolding, and
finished conduit.1
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 are addressed in the
‘‘Issues and Decision Memorandum for
the 2009–2010 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 and is on file electronically
via Import Administration’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(‘‘IA ACCESS’’). Access to IA ACCESS
is available in the Central Records Unit
(‘‘CRU’’), room 7046 of the main
Department of Commerce building. In
addition, a complete version of the
Issues and Decision Memorandum can
be accessed directly on the Import
Administration Web site at https://
ia.ita.doc.gov/frn/. The
signed Issues and Decision
Memorandum and the electronic
versions of the Issues and Decision
Memorandum are identical in content.
Changes Since the Preliminary Results
SeAH’s U.S. credit expenses have
been recalculated to include the period
from the date of shipment until the date
of payment as opposed to the date of
invoice to the date of payment in
accordance with our practice. We have
also recalculated the adjustment for U.S.
inventory carrying costs incurred in the
country of manufacture to avoid double
counting the time period between the
date of shipment and the invoice date.
SeAH’s reported cost of
manufacturing has been revised to
eliminate the inventory valuation
adjustment. For additional details, see
Memorandum to Neal M. Halper,
Director of Office of Accounting, ‘‘Cost
of Production and Constructed Value
Calculation Adjustments for the Final
Results—SeAH Steel Corporation,’’
dated June 4, 2012.
Cost of Production
Consistent with the Preliminary
Results, we disregarded home market
sales by SeAH and HYSCO that failed
the cost-of-production test.
Final Results of Review
We determine that a weighted-average
dumping margin exists for the two
respondents, SeAH and HYSCO, for the
period November 1, 2009, through
October 31, 2010.
Weighted-Average
Dumping Margin
Manufacturer/Exporter
srobinson on DSK4SPTVN1PROD with NOTICES
SeAH Steel Corporation ......................................................................................................................................................
Hyundai HYSCO ..................................................................................................................................................................
1 See 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). In accordance with this determination, pipe
VerDate Mar<15>2010
20:21 Jun 08, 2012
Jkt 226001
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
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
2.69%
0.59%
as line pipe of a kind used for oil and gas pipelines
is outside of the scope of the antidumping duty
order.
E:\FR\FM\11JNN1.SGM
11JNN1
34346
Federal Register / Vol. 77, No. 112 / Monday, June 11, 2012 / Notices
Disclosure
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 calculated importerspecific ad valorem duty assessment
rates on the basis of the ratio of the total
amount of dumping calculated for the
examined sales to the total entered
value of the examined sales for that
importer. Where the assessment rate is
above de minimis, we will instruct CBP
to assess duties on all entries of subject
merchandise by that importer. 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 intends to issue
assessment instructions to CBP 15 days
after the date of publication of these
final results of review.
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 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
party involved in the transaction. See
Assessment Policy Notice for a full
discussion of this clarification.
srobinson on DSK4SPTVN1PROD with NOTICES
Cash Deposit Requirements
The following cash 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
rate will be zero; (2) for previously
VerDate Mar<15>2010
20:21 Jun 08, 2012
Jkt 226001
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 for that manufacturer or
exporter; (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 or the LTFV investigation
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 also serves as the final
reminder to importers of their
responsibility under 19 CFR 351.402(f)
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 in 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.
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
Dated: June 4, 2012.
Paul Piquado,
Assistant Secretary for Import
Administration.
Appendix—Issues in Decision
Memorandum
Hysco Issues and Seah Issues
Comment 1: Whether to Eliminate Zeroing
Methodology in the Final Results
Wheatland Tube Company and U.S. Steel
Issues
Comment 2: Whether The Department
Should Use the Purchase Order Date for
HYSCO’s U.S. Date of Sale
U.S. Steel Issues
Comment 3: Whether to Use the Invoice Date
for SeAH’s U.S. Date of Sale
Comment 4: Whether to Recalculate SeAH’s
U.S. Credit Expense
Wheatland Tube Company Issues
Comment 5: Whether to Include Bad Debt in
SeAH’s U.S. Indirect Selling Expenses
Comment 6: Whether to Increase SeAH’s
Reported Costs to Include An Unreconciled
Amount
Comment 7: Whether to Disallow Any Offset
to SeAH’s Reported Costs for Inventory
Valuation Gains
Comment 8: Whether to Base the Major Input
Adjustment for SeAH’s Hot-Rolled Steel
Purchases on Comparisons of Identical
Specifications
[FR Doc. 2012–14147 Filed 6–8–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–831]
Fresh Garlic from the People’s
Republic of China: Final Results of the
2009–2010 Administrative Review of
the Antidumping Duty Order
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On October 20, 2011, the
Department of Commerce (Department)
published partial preliminary results of
the 2009–2010 administrative review of
the antidumping duty order on fresh
garlic from the People’s Republic of
China (PRC) covering the two
mandatory respondents and five
separate rate respondents for the period
of review (POR) of November 1, 2009,
through October 31, 2010.1 Based on the
AGENCY:
1 The Department published the partial final
results and partial rescission of this review on
February 27, 2012. Those partial final results
covered the PRC-wide entity and the partial
rescission covered the producers/exporters who
certified no sales, exports or entries. See Fresh
Garlic From the People’s Republic of China: Partial
Final Results and Partial Final Rescission of the
E:\FR\FM\11JNN1.SGM
11JNN1
Agencies
[Federal Register Volume 77, Number 112 (Monday, June 11, 2012)]
[Notices]
[Pages 34344-34346]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-14147]
-----------------------------------------------------------------------
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 7, 2011, 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''). The review
covers the period November 1, 2009, through October 31, 2010, and two
producers/exporters of the subject merchandise to the United States:
SeAH Steel Corporation (``SeAH'') and Hyundai HYSCO (``HYSCO''). Based
on our analysis of the comments received from interested parties, 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 11, 2012.
FOR FURTHER INFORMATION CONTACT: Mary Kolberg or Jennifer Meek, AD/CVD
Operations, Office 1, Import Administration, International Trade
[[Page 34345]]
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-1785
or (202) 482-2778, respectively.
SUPPLEMENTARY INFORMATION:
Background
Following Circular Welded Non-Alloy Steel Pipe From the Republic of
Korea: Preliminary Results of the Antidumping Duty Administrative
Review, 76 FR 76369, 76374 (December 7, 2011) (``Preliminary
Results''), the Department requested additional information on the U.S.
date of sale. Accordingly, we postponed the briefing schedule. We sent
supplemental questionnaires to HYSCO and SeAH on January 20, and
January 27, 2012, respectively, and we received timely responses on
February 3, and February 22, 2012, respectively.
On February 15, 2012, 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 4, 2012, 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, 77 FR 8808 (February 15, 2012).
We received case briefs from Wheatland Tube Company
(``Wheatland''), United States Steel Corporation (``U.S. Steel''),
HYSCO, and SeAH on March 14, 2012. On March 22, 2012, U.S. Steel,
Wheatland, Allied Tube and Conduit and TMK IPSCO, SeAH, and HYSCO
submitted rebuttal briefs. On January 6, 2012, Wheatland requested a
hearing, but withdrew its request on April 5, 2012. Thus, no hearing
was held.
Scope of the Order
The merchandise subject to the order is circular welded non-alloy
steel pipe and tube, of circular cross-section, not more than 406.4 mm
(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 the order.
All carbon-steel pipes and tubes within the physical description
outlined above are included within the scope of the order except line
pipe, oil-country tubular goods, boiler tubing, mechanical tubing, pipe
and tube hollows for redraws, finished scaffolding, and finished
conduit.\1\
---------------------------------------------------------------------------
\1\ See 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). In accordance with this determination, 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 are addressed in the ``Issues and Decision
Memorandum for the 2009-2010 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 and is on file electronically via Import
Administration's Antidumping and Countervailing Duty Centralized
Electronic Service System (``IA ACCESS''). Access to IA ACCESS is
available in the Central Records Unit (``CRU''), room 7046 of the main
Department of Commerce building. In addition, a complete version of the
Issues and Decision Memorandum can be accessed directly on the Import
Administration Web site at https://ia.ita.doc.gov/frn/. The
signed Issues and Decision Memorandum and the electronic versions of
the Issues and Decision Memorandum are identical in content.
Changes Since the Preliminary Results
SeAH's U.S. credit expenses have been recalculated to include the
period from the date of shipment until the date of payment as opposed
to the date of invoice to the date of payment in accordance with our
practice. We have also recalculated the adjustment for U.S. inventory
carrying costs incurred in the country of manufacture to avoid double
counting the time period between the date of shipment and the invoice
date.
SeAH's reported cost of manufacturing has been revised to eliminate
the inventory valuation adjustment. For additional details, see
Memorandum to Neal M. Halper, Director of Office of Accounting, ``Cost
of Production and Constructed Value Calculation Adjustments for the
Final Results--SeAH Steel Corporation,'' dated June 4, 2012.
Cost of Production
Consistent with the Preliminary Results, we disregarded home market
sales by SeAH and HYSCO that failed the cost-of-production test.
Final Results of Review
We determine that a weighted-average dumping margin exists for the
two respondents, SeAH and HYSCO, for the period November 1, 2009,
through October 31, 2010.
------------------------------------------------------------------------
Weighted-Average
Manufacturer/Exporter Dumping Margin
------------------------------------------------------------------------
SeAH Steel Corporation......................... 2.69%
Hyundai HYSCO.................................. 0.59%
------------------------------------------------------------------------
[[Page 34346]]
Disclosure
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 calculated importer-specific ad valorem duty
assessment rates on the basis of the ratio of the total amount of
dumping calculated for the examined sales to the total entered value of
the examined sales for that importer. Where the assessment rate is
above de minimis, we will instruct CBP to assess duties on all entries
of subject merchandise by that importer. 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 intends to issue assessment instructions to CBP 15
days after the date of publication of these final results of review.
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 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 party involved in the transaction. See
Assessment Policy Notice for a full discussion of this clarification.
Cash Deposit Requirements
The following cash 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 rate 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
for that manufacturer or exporter; (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 or the LTFV investigation 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 also serves as the final reminder to importers of their
responsibility under 19 CFR 351.402(f) 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 in 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 4, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix--Issues in Decision Memorandum
Hysco Issues and Seah Issues
Comment 1: Whether to Eliminate Zeroing Methodology in the Final
Results
Wheatland Tube Company and U.S. Steel Issues
Comment 2: Whether The Department Should Use the Purchase Order Date
for HYSCO's U.S. Date of Sale
U.S. Steel Issues
Comment 3: Whether to Use the Invoice Date for SeAH's U.S. Date of
Sale
Comment 4: Whether to Recalculate SeAH's U.S. Credit Expense
Wheatland Tube Company Issues
Comment 5: Whether to Include Bad Debt in SeAH's U.S. Indirect
Selling Expenses
Comment 6: Whether to Increase SeAH's Reported Costs to Include An
Unreconciled Amount
Comment 7: Whether to Disallow Any Offset to SeAH's Reported Costs
for Inventory Valuation Gains
Comment 8: Whether to Base the Major Input Adjustment for SeAH's
Hot-Rolled Steel Purchases on Comparisons of Identical
Specifications
[FR Doc. 2012-14147 Filed 6-8-12; 8:45 am]
BILLING CODE 3510-DS-P