Circular Welded Non-Alloy Steel Pipe From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2010-2011, 73015-73017 [2012-29635]
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Federal Register / Vol. 77, No. 236 / Friday, December 7, 2012 / Notices
Cash Deposit Requirements
The following antidumping duty
deposit rates will be effective upon
publication of the final results of this
administrative review for all shipments
of steel plate from Belgium entered, or
withdrawn from warehouse, for
consumption on or after the publication
date of these final results, as provided
for by section 751(a)(1) of the Act: (1)
For AS Belgium, the cash deposit rate
will be the rate established in the final
results of this review; (2) if the exporter
is not a firm covered in this review, but
was covered in a previous review or the
original less-than-fair-value (LTFV)
investigation, the cash deposit rate will
continue to be the company-specific rate
established for the most recent period;
(3) if the exporter is not a firm covered
in this review, a prior review, or the
LTFV investigation, but the
manufacturer is, the cash deposit rate
will be the rate established for the most
recent period for the manufacturer of
the subject merchandise; and (4) if
neither the exporter nor the
manufacturer is a firm covered by this
review, a prior review, or the LTFV
investigation, the cash deposit rate will
be 8.54 percent ad valorem, the ‘‘allothers’’ rate established in the LTFV
investigation.11 These deposit rates,
when imposed, shall remain in effect
until further notice.
tkelley on DSK3SPTVN1PROD with
Reimbursement of Duties
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 POR.
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. See 19 CFR
351.402(f)(3).
Notification to Interested Parties
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return/destruction of
APO materials or conversion to judicial
11 See Notice of Final Determination of Sales at
Less Than Fair Value: Stainless Steel Plate in Coils
from Belgium, 64 FR 15476 (March 31, 1999).
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18:05 Dec 06, 2012
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protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a violation
which is subject to sanction.
These final results of review are
issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act.
Dated: November 30, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
Appendix
List of Comments
Comment 1: Bundled Pricing
Comment 2: Targeted Dumping
Comment 3: Constructed Value (CV) Profit
and Selling Expense Ratios
Comment 4: Verification
Comment 5: Customs Instructions
[FR Doc. 2012–29645 Filed 12–6–12; 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:
Preliminary Results of Antidumping
Duty Administrative Review; 2010–
2011
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is conducting an
administrative review of the
antidumping duty order on circular
welded non-alloy steel pipe (CWP) from
the Republic of Korea (Korea). The
period of review (POR) is November 1,
2010, through October 31, 2011, and the
review covers two producers/exporters
of the subject merchandise, Husteel Co.,
Ltd. (Husteel) and Hyundai HYSCO
(HYSCO). We have preliminarily found
that one respondent has made sales of
the subject merchandise at prices below
normal value. We are also rescinding
this review for seven other producers/
exporters.
AGENCY:
DATES:
Effective Date: December 7, 2012.
FOR FURTHER INFORMATION CONTACT:
Mary Kolberg, or Jennifer Meek, 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) 482–1785 or (202) 482–
2778, respectively.
PO 00000
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Fmt 4703
Sfmt 4703
73015
Scope of the Order
The merchandise subject to the order
is circular welded non-alloy steel pipe
and tube. The product is 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, the written product
description, available in Circular
Welded Non-Alloy Steel Pipe From the
Republic of Korea; Final Results of
Antidumping Duty Administrative
Review, 63 FR 32833 (June 16, 1998),
remains dispositive.
Partial Rescission of Administrative
Review
Pursuant to 19 CFR 351.213(d)(1), we
are rescinding this administrative
review with respect to the following
parties because the review requests were
timely withdrawn: Dongbu Steel Co.,
Ltd., SeAH Steel Corporation, A-JU
Besteel Co., Ltd., Kumkang Industrial
Co., Ltd., Nexteel Co., Ltd., Korea Iron
& Steel Co., Ltd., and Union Steel Co.,
Ltd.
Methodology
The Department has conducted this
review in accordance with section
751(a)(2) of the Tariff Act of 1930, as
amended (the Act). Constructed export
price is calculated in accordance with
section 772 of the Act. Normal value is
calculated in accordance with section
773 of the Act. In accordance with
section 773(b) of the Act, we
disregarded certain sales made by
Husteel and HYSCO in the home market
which were made at below-cost prices.
For a full description of the
methodology underlying our
conclusions, see the memorandum from
Gary Taverman, Senior Advisor for
Antidumping and Countervailing Duty
Operations, to Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration, ‘‘Preliminary Decision
Memorandum for the Administrative
Review of the Antidumping Duty Order
on Circular Welded Non-Alloy Steel
Pipe from the Republic of Korea’’ dated
concurrently with this notice
(‘‘Preliminary Decision Memorandum’’),
which is hereby adopted by this notice.
The Preliminary 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 to
E:\FR\FM\07DEN1.SGM
07DEN1
73016
Federal Register / Vol. 77, No. 236 / Friday, December 7, 2012 / Notices
registered users at https://
iaaccess.trade.gov and is available to all
parties in the Central Records Unit,
Room 7046 of the main Department of
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly on the Internet at https://
www.trade.gov/ia/frn/. The
signed Preliminary Decision
Memorandum and the electronic
versions of the Preliminary Decision
Memorandum are identical in content.
Preliminary Results of the Review
date of publication of this notice.5
Requests should contain: (1) The party’s
name, address and telephone number;
(2) the number of participants; and (3)
a list of issues to be discussed. Issues
raised in the hearing will be limited to
those raised in the respective case
briefs. The Department will issue the
final results of this administrative
review, including the results of its
analysis of the issues raised in any
written briefs, not later than 120 days
after the date of publication of this
notice, pursuant to section 751(a)(3)(A)
of the Act.
tkelley on DSK3SPTVN1PROD with
As a result of this review, we
preliminarily determine that the
following weighted-average dumping
margins exist for the respondents for the
period November 1, 2010, through
October 31, 2011.
Assessment Rates
For Husteel and HYSCO, upon
issuance of the final results, the
Department shall determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
Weighted- appropriate entries covered by this
review. Husteel and HYSCO reported
average
Manufacturer/exporter
dumping
the name of the importer of record and
margin
the entered value for all of their sales to
(percent)
the United States during the POR. If
Husteel Co., Ltd. .........................
6.54 Husteel and HYSCO’s weighted-average
Hyundai HYSCO .........................
0.00 dumping margins are above de minimis
(i.e., 0.50 percent) in the final results of
this review, we will calculate an
Disclosure and Public Comment
importer-specific assessment rate on the
The Department intends to disclose to basis of the ratio of the total amount of
interested parties the calculations
dumping calculated for the importer’s
performed in connection with these
examined sales and the total entered
preliminary results within five days of
value of those sales in accordance with
the date of publication of this notice.1
19 CFR 351.212(b)(1).
Pursuant to 19 CFR 351.309(c),
The Department clarified its
interested parties may submit cases
‘‘automatic assessment’’ regulation on
briefs not later than the later of 30 days
May 6, 2003. This clarification will
after the date of publication of this
apply to entries of subject merchandise
notice. Rebuttal briefs, limited to issues
during the POR produced by Husteel
raised in the case briefs, may be filed
and HYSCO for which they did not
not later than five days after the date for know its merchandise was destined for
filing case briefs.2 Parties who submit
the United States. In such instances, we
case briefs or rebuttal briefs in this
will instruct CBP to liquidate
proceeding are encouraged to submit
unreviewed entries at the all-others rate
with each argument: (1) A statement of
if there is no rate for the intermediate
the issue; (2) a brief summary of the
company(ies) involved in the
argument; and (3) a table of authorities.3 transaction. For a full discussion of this
Case and rebuttal briefs should be filed
clarification, see Antidumping and
using IA ACCESS.4
Countervailing Duty Proceedings:
Pursuant to 19 CFR 351.310(c),
Assessment of Antidumping Duties, 68
interested parties who wish to request a FR 23954 (May 6, 2003).
For Husteel and HYSCO, we intend to
hearing, or to participate if one is
issue instructions to CBP 15 days after
requested, must submit a written
publication of the final results of this
request to the Assistant Secretary for
review.
Import Administration, filed
For the rescinded companies,
electronically via IA ACCESS. An
antidumping duties shall be assessed at
electronically filed document must be
rates equal to the cash deposit of
received successfully in its entirety by
estimated antidumping duties required
the Department’s electronic records
at the time of entry, or withdrawal from
system, IA ACCESS, by 5 p.m. Eastern
warehouse, for consumption, in
Standard Time within 30 days after the
accordance with 19 CFR
351.212(c)(1)(i). The Department
1 See 19 CFR 351.224(b).
2 See 19 CFR 351.309(d).
intends to issue appropriate assessment
3 See
4 See
19 CFR 351.309(c)(2) and (d)(2).
19 CFR 351.303.
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5 See
PO 00000
19 CFR 351.310(c).
Frm 00009
Fmt 4703
Sfmt 4703
instructions to CBP 15 days after the
date of publication of this notice.
Cash Deposit Requirements
The following deposit requirements
will be effective upon publication of the
notice of final results of administrative
review for all shipments of CWP from
Korea entered, or withdrawn from
warehouse, for consumption on or after
the date of publication as provided by
section 751(a)(2) of the Act: (1) The cash
deposit rate for HYSCO and Husteel will
be the rate established in the final
results of this administrative review; (2)
for merchandise exported by
manufacturers or exporters not covered
in this review but covered in a prior
segment of the proceeding, 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 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; (4) the cash deposit
rate for all other manufacturers or
exporters will continue to be 4.80
percent, the ‘‘all others’’ rate established
in the order.6 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice serves as a preliminary
reminder and, with respect to
companies which we rescind in part 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.
The Department is issuing and
publishing these results in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act.
6 See Notice of Antidumping Duty Orders: Certain
Circular Welded Non-Alloy Steel Pipe from Brazil,
the Republic of Korea (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).
E:\FR\FM\07DEN1.SGM
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Federal Register / Vol. 77, No. 236 / Friday, December 7, 2012 / Notices
Dated: December 3, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–3586, (202) 482–1396, or (202) 482–
0176, respectively.
SUPPLEMENTARY INFORMATION:
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
Targeted Dumping Allegations
Application of the Average-to-Transaction
Methodology
Results of the Targeted Dumping Analysis
Comparisons to Normal Value
Product Comparisons
Date of Sale
Level of Trade/Constructed Export Price
Offset
Constructed Export Price
Normal Value
A. Selection of Comparison Market
B. Affiliated Party Transactions and Arm’s
Length Test
C. Cost of Production
1. Calculation of Cost of Production
2. Test of Comparison Market Sales Prices
3. Results of the COP Test
D. Constructed Value
E. Calculation of Normal Value Based on
Comparison Market Prices Currency
Conversion
[FR Doc. 2012–29635 Filed 12–6–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–980]
Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into
Modules, From the People’s Republic
of China: Countervailing Duty Order
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on an affirmative final
determination by the U.S. International
Trade Commission (ITC), the
Department of Commerce (the
Department) is issuing a countervailing
duty order on crystalline silicon
photovoltaic cells, whether or not
assembled into modules (solar cells),
from the People’s Republic of China
(PRC). On November 30, 2012, the ITC
notified the Department of its
affirmative determination of material
injury to a U.S. industry.1
DATES: Effective Date: December 7, 2012.
FOR FURTHER INFORMATION CONTACT:
Gene Calvert, Jun Jack Zhao, or Emily
Halle, AD/CVD Operations, Office 6,
Import Administration, U.S. Department
of Commerce, Room 7866, 14th Street
tkelley on DSK3SPTVN1PROD with
AGENCY:
1 See Crystalline Silicon Photovoltaic Cells and
Modules from China, Investigation Nos. 701–TA–
481 and 731–TA–1190 (Final), USITC Publication
4360 (November 2012).
VerDate Mar<15>2010
18:05 Dec 06, 2012
Jkt 229001
Case History
In accordance with section 705(d) of
the Tariff Act of 1930, as amended (the
Act), on October 17, 2012, the
Department published its final
determination in the countervailing
duty investigation of solar cells from the
PRC.2
Scope of the Order
The merchandise covered by this
order is crystalline silicon photovoltaic
cells, and modules, laminates, and
panels, consisting of crystalline silicon
photovoltaic cells, whether or not
partially or fully assembled into other
products, including, but not limited to,
modules, laminates, panels and building
integrated materials.
This order covers crystalline silicon
photovoltaic cells of thickness equal to
or greater than 20 micrometers, having
a p/n junction formed by any means,
whether or not the cell has undergone
other processing, including, but not
limited to, cleaning, etching, coating,
and/or addition of materials (including,
but not limited to, metallization and
conductor patterns) to collect and
forward the electricity that is generated
by the cell.
Merchandise under consideration
may be described at the time of
importation as parts for final finished
products that are assembled after
importation, including, but not limited
to, modules, laminates, panels,
building-integrated modules, buildingintegrated panels, or other finished
goods kits. Such parts that otherwise
meet the definition of merchandise
under consideration are included in the
scope of this order.
Excluded from the scope of this order
are thin film photovoltaic products
produced from amorphous silicon (a-Si),
cadmium telluride (CdTe), or copper
indium gallium selenide (CIGS).
Also excluded from the scope of this
order are crystalline silicon photovoltaic
cells, not exceeding 10,000mm2 in
surface area, that are permanently
integrated into a consumer good whose
function is other than power generation
and that consumes the electricity
generated by the integrated crystalline
silicon photovoltaic cell. Where more
2 See
Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into Modules, From the
People’s Republic of China: Final Affirmative
Countervailing Duty Determination and Final
Affirmative Critical Circumstances Determination,
77 FR 63788 (October 17, 2012).
PO 00000
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Fmt 4703
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73017
than one cell is permanently integrated
into a consumer good, the surface area
for purposes of this exclusion shall be
the total combined surface area of all
cells that are integrated into the
consumer good.
Modules, laminates, and panels
produced in a third-country from cells
produced in the PRC are covered by this
order; however, modules, laminates,
and panels produced in the PRC from
cells produced in a third-country are not
covered by this order.
Merchandise covered by this order is
currently classified in the Harmonized
Tariff System of the United States
(‘‘HTSUS’’) under subheadings
8501.61.0000, 8507.20.80, 8541.40.6020,
8541.40.6030, and 8501.31.8000.3 These
HTSUS subheadings are provided for
convenience and customs purposes; the
written description of the scope of this
order is dispositive.
Countervailing Duty Order
On November 30, 2012, the ITC
notified the Department of its final
determination, pursuant to section
705(b)(1)(A)(i) of the Act, that an
industry in the United States is
materially injured as a result of
subsidized imports from the PRC. The
ITC also determined that critical
circumstances do not exist with respect
to subject imports from the PRC.
As a result of the ITC’s final
determination, in accordance with
section 706(a) of the Act, the
Department will direct CBP to assess,
upon further instruction by the
Department, countervailing duties on
unliquidated entries of solar cells from
the PRC entered, or withdrawn from
warehouse, for consumption on or after
March 26, 2012, the date on which the
Department published its preliminary
countervailing duty determination in
the Federal Register, and before July 24,
2012, the date on which the Department
instructed CBP to discontinue the
suspension of liquidation in accordance
with section 703(d) of the Act. Section
703(d) of the Act states that the
suspension of liquidation pursuant to a
preliminary determination may not
remain in effect for more than four
months. Entries of solar cells from the
PRC made on or after July 24, 2012, and
prior to the date of publication of the
ITC’s final determination in the Federal
Register are not liable for the
assessment of countervailing duties, due
3 U.S. Customs and Border Protection (CBP)
provided notification that HTSUS number
8501.31.8000 should be added to the scope of the
order, as certain articles under this number might
fall within the scope. See the May 16, 2012
Memorandum to The File, ‘‘ACE Case Reference
File Update.’’
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]]>Agencies
[Federal Register Volume 77, Number 236 (Friday, December 7, 2012)]
[Notices]
[Pages 73015-73017]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29635]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-809]
Circular Welded Non-Alloy Steel Pipe From the Republic of Korea:
Preliminary Results of Antidumping Duty Administrative Review; 2010-
2011
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an
administrative review of the antidumping duty order on circular welded
non-alloy steel pipe (CWP) from the Republic of Korea (Korea). The
period of review (POR) is November 1, 2010, through October 31, 2011,
and the review covers two producers/exporters of the subject
merchandise, Husteel Co., Ltd. (Husteel) and Hyundai HYSCO (HYSCO). We
have preliminarily found that one respondent has made sales of the
subject merchandise at prices below normal value. We are also
rescinding this review for seven other producers/exporters.
DATES: Effective Date: December 7, 2012.
FOR FURTHER INFORMATION CONTACT: Mary Kolberg, or Jennifer Meek, 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) 482-1785
or (202) 482-2778, respectively.
Scope of the Order
The merchandise subject to the order is circular welded non-alloy
steel pipe and tube. The product is 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, the written product
description, available in Circular Welded Non-Alloy Steel Pipe From the
Republic of Korea; Final Results of Antidumping Duty Administrative
Review, 63 FR 32833 (June 16, 1998), remains dispositive.
Partial Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(1), we are rescinding this
administrative review with respect to the following parties because the
review requests were timely withdrawn: Dongbu Steel Co., Ltd., SeAH
Steel Corporation, A-JU Besteel Co., Ltd., Kumkang Industrial Co.,
Ltd., Nexteel Co., Ltd., Korea Iron & Steel Co., Ltd., and Union Steel
Co., Ltd.
Methodology
The Department has conducted this review in accordance with section
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Constructed
export price is calculated in accordance with section 772 of the Act.
Normal value is calculated in accordance with section 773 of the Act.
In accordance with section 773(b) of the Act, we disregarded certain
sales made by Husteel and HYSCO in the home market which were made at
below-cost prices.
For a full description of the methodology underlying our
conclusions, see the memorandum from Gary Taverman, Senior Advisor for
Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration, ``Preliminary
Decision Memorandum for the Administrative Review of the Antidumping
Duty Order on Circular Welded Non-Alloy Steel Pipe from the Republic of
Korea'' dated concurrently with this notice (``Preliminary Decision
Memorandum''), which is hereby adopted by this notice. The Preliminary
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 to
[[Page 73016]]
registered users at https://iaaccess.trade.gov and is available to all
parties in the Central Records Unit, Room 7046 of the main Department
of Commerce building. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly on the
Internet at https://www.trade.gov/ia/frn/. The signed
Preliminary Decision Memorandum and the electronic versions of the
Preliminary Decision Memorandum are identical in content.
Preliminary Results of the Review
As a result of this review, we preliminarily determine that the
following weighted-average dumping margins exist for the respondents
for the period November 1, 2010, through October 31, 2011.
------------------------------------------------------------------------
Weighted-
average
Manufacturer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
Husteel Co., Ltd............................................ 6.54
Hyundai HYSCO............................................... 0.00
------------------------------------------------------------------------
Disclosure and Public Comment
The Department intends to disclose to interested parties the
calculations performed in connection with these preliminary results
within five days of the date of publication of this notice.\1\ Pursuant
to 19 CFR 351.309(c), interested parties may submit cases briefs not
later than the later of 30 days after the date of publication of this
notice. Rebuttal briefs, limited to issues raised in the case briefs,
may be filed not later than five days after the date for filing case
briefs.\2\ Parties who submit case briefs or rebuttal briefs in this
proceeding are encouraged to submit with each argument: (1) A statement
of the issue; (2) a brief summary of the argument; and (3) a table of
authorities.\3\ Case and rebuttal briefs should be filed using IA
ACCESS.\4\
---------------------------------------------------------------------------
\1\ See 19 CFR 351.224(b).
\2\ See 19 CFR 351.309(d).
\3\ See 19 CFR 351.309(c)(2) and (d)(2).
\4\ See 19 CFR 351.303.
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, or to participate if one is requested, must submit a
written request to the Assistant Secretary for Import Administration,
filed electronically via IA ACCESS. An electronically filed document
must be received successfully in its entirety by the Department's
electronic records system, IA ACCESS, by 5 p.m. Eastern Standard Time
within 30 days after the date of publication of this notice.\5\
Requests should contain: (1) The party's name, address and telephone
number; (2) the number of participants; and (3) a list of issues to be
discussed. Issues raised in the hearing will be limited to those raised
in the respective case briefs. The Department will issue the final
results of this administrative review, including the results of its
analysis of the issues raised in any written briefs, not later than 120
days after the date of publication of this notice, pursuant to section
751(a)(3)(A) of the Act.
---------------------------------------------------------------------------
\5\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------
Assessment Rates
For Husteel and HYSCO, upon issuance of the final results, the
Department shall determine, and U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties on all appropriate entries
covered by this review. Husteel and HYSCO reported the name of the
importer of record and the entered value for all of their sales to the
United States during the POR. If Husteel and HYSCO's weighted-average
dumping margins are above de minimis (i.e., 0.50 percent) in the final
results of this review, we will calculate an importer-specific
assessment rate on the basis of the ratio of the total amount of
dumping calculated for the importer's examined sales and the total
entered value of those sales in accordance with 19 CFR 351.212(b)(1).
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003. This clarification will apply to entries of subject
merchandise during the POR produced by Husteel and HYSCO for which they
did not know its merchandise 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 intermediate
company(ies) involved in the transaction. For a full discussion of this
clarification, see Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
For Husteel and HYSCO, we intend to issue instructions to CBP 15
days after publication of the final results of this review.
For the rescinded companies, 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)(1)(i). The Department
intends to issue appropriate assessment instructions to CBP 15 days
after the date of publication of this notice.
Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of the notice of final results of administrative review for
all shipments of CWP from Korea entered, or withdrawn from warehouse,
for consumption on or after the date of publication as provided by
section 751(a)(2) of the Act: (1) The cash deposit rate for HYSCO and
Husteel will be the rate established in the final results of this
administrative review; (2) for merchandise exported by manufacturers or
exporters not covered in this review but covered in a prior segment of
the proceeding, 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
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; (4) the cash deposit rate for all other manufacturers
or exporters will continue to be 4.80 percent, the ``all others'' rate
established in the order.\6\ These cash deposit requirements, when
imposed, shall remain in effect until further notice.
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\6\ See Notice of Antidumping Duty Orders: Certain Circular
Welded Non-Alloy Steel Pipe from Brazil, the Republic of Korea
(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).
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Notification to Importers
This notice serves as a preliminary reminder and, with respect to
companies which we rescind in part 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.
The Department is issuing and publishing these results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
[[Page 73017]]
Dated: December 3, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
Targeted Dumping Allegations
Application of the Average-to-Transaction Methodology
Results of the Targeted Dumping Analysis
Comparisons to Normal Value
Product Comparisons
Date of Sale
Level of Trade/Constructed Export Price Offset
Constructed Export Price
Normal Value
A. Selection of Comparison Market
B. Affiliated Party Transactions and Arm's Length Test
C. Cost of Production
1. Calculation of Cost of Production
2. Test of Comparison Market Sales Prices
3. Results of the COP Test
D. Constructed Value
E. Calculation of Normal Value Based on Comparison Market Prices
Currency Conversion
[FR Doc. 2012-29635 Filed 12-6-12; 8:45 am]
BILLING CODE 3510-DS-P
