Circular Welded Non-Alloy Steel Pipe From the Republic of Korea: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2012-2013, 72168-72170 [2014-28580]
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Federal Register / Vol. 79, No. 234 / Friday, December 5, 2014 / Notices
wreier-aviles on DSK5TPTVN1PROD with NOTICES
entries covered by this review.9 The
Department intends to issue assessment
instructions to CBP 15 days after the
publication date of the final results of
this review. Where either a respondent’s
weighted-average dumping margin is
zero or de minimis, or an importerspecific assessment rate is zero or de
minimis, we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.
For any individually examined
respondent and its importer(s) where
neither of those situations is the case, in
the final results of this review we will
calculate an importer-specific per-unit
assessment rate by dividing the total
dumping margins for reviewed sales to
the importer by the total sales quantity
associated with those sales.
On October 24, 2011, the Department
announced a refinement to its
assessment practice in NME
antidumping duty cases.10 Pursuant to
this refinement in practice, for
merchandise that was not reported in
the U.S. sales databases submitted by an
exporter individually examined during
this review, but that entered under the
case number of that exporter (i.e., at the
individually-examined exporter’s cash
deposit rate), the Department will
instruct CBP to liquidate such entries at
the PRC-wide rate. Additionally,
pursuant to this refinement, if the
Department determines that an exporter
under review had no shipments of the
subject merchandise, any suspended
entries that entered under that
exporter’s case number will be
liquidated at the PRC-wide rate.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for shipments of
the subject merchandise from the PRC
entered, or withdrawn from warehouse,
for consumption on or after the
publication date, as provided by
sections 751(a)(2)(C) of the Act: (1) For
the exporters listed above, the cash
deposit rate will be equal to the
weighted-average dumping margin
established in the final results of this
review (except, if the rate is zero or de
minimis, then the cash deposit rate will
be zero for that exporter); (2) for
previously investigated or reviewed PRC
and non-PRC exporters not listed above
that have separate rates, the cash
deposit rate will continue to be the
exporter-specific rate published for the
most recently completed segment of this
proceeding; (3) for all PRC exporters of
subject merchandise which have not
been found to be entitled to a separate
rate, the cash deposit rate will be the
rate for the PRC-wide entity, 76.72
percent; and (4) for all non-PRC
exporters of subject merchandise which
have not received their own rate, the
cash deposit rate will be the rate
applicable to the PRC exporter that
supplied that non-PRC exporter. These
deposit requirements, when imposed,
shall remain in effect until further
notice.
This notice also serves as a
preliminary 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 antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213.
Dated: November 28, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Preliminary Determination of No
Shipments
5. Selection of Respondents
6. Non-Market Economy Country
7. Separate Rate
8. Surrogate Country
9. Date of Sale
10. Fair Value Comparisons
11. U.S. Price
12. Normal Value
[FR Doc. 2014–28579 Filed 12–4–14; 8:45 am]
19 CFR 351.212(b)(1).
Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011), for a full discussion
of this practice.
International Trade Administration
[A–580–809]
Circular Welded Non-Alloy Steel Pipe
From the Republic of Korea:
Preliminary Results and Partial
Rescission of Antidumping Duty
Administrative Review; 2012–2013
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
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).1 The
period of review (POR) is November 1,
2012, through October 31, 2013. This
review covers eight producers or
exporters of the subject merchandise,
Husteel Co., Ltd. (Husteel), Hyundai
HYSCO (HYSCO), Dongbu Steel Co.,
Ltd., SeAH Steel Corporation, A-JU
Besteel Co., Ltd., Kumkang Industrial
Co., Ltd., Nexteel Co., Ltd., and Union
Steel Co., Ltd. We preliminarily find
that Husteel and HYSCO have made
sales of the subject merchandise at
prices below normal value. We are
rescinding this review for the remaining
six producers or exporters. Interested
parties are invited to comment on these
preliminary results.
SUMMARY:
Notification to Importers
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
DATES:
Effective Date: December 5, 2014.
FOR FURTHER INFORMATION CONTACT:
Jennifer Meek or Joseph Shuler, AD/
CVD Operations, Office I, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington DC 20230;
telephone (202) 482–2778 or (202) 482–
1293, 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 of the
United States (HTSUS) numbers:
7306.30.1000, 7306.30.5025,
7306.30.5032, 7306.30.5040,
7306.30.5055, 7306.30.5085, and
7306.30.5090. Although the HTSUS
numbers are provided for convenience
and customs purposes, the written
9 See
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and
Request for Revocation in Part, 78 FR 79392
(December 30, 2013).
10 See
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Federal Register / Vol. 79, No. 234 / Friday, December 5, 2014 / Notices
product description remains
dispositive.2
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., and Union
Steel Co., Ltd.3
wreier-aviles on DSK5TPTVN1PROD with NOTICES
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.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum. The
Preliminary Decision Memorandum is a
public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).4
ACCESS is available to registered users
at https://access.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 at https://trade.gov/
enforcement. The signed Preliminary
Decision Memorandum and the
2 For a full description of the scope of the order,
see the Memorandum from Gary Taverman,
Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
to Ronald K. Lorentzen, Acting Assistant Secretary
for Enforcement and Compliance, ‘‘Decision
Memorandum for the Preliminary Results of
Antidumping Duty Administrative Review: Circular
Welded Non-Alloy Steel Pipe from the Republic of
Korea: 2012–2013’’ (Preliminary Decision
Memorandum), dated concurrently with these
results and hereby adopted by this notice.
3 See Letter from Wheatland Tube Company
(Wheatland) to the Department, ‘‘Circular Welded
Non-Alloy Steel Pipe from Republic of Korea/
Partial Withdrawal of Request for Administrative
Review,’’ dated March 31, 2014 and Letter from
United States Steel Corporation (U.S. Steel) to the
Department, ‘‘Circular Welded Non-Alloy Steel
Pipe from Korea,’’ dated March 31, 2014.
4 On November 24, 2014, Enforcement and
Compliance changed the name of Enforcement and
Compliance’s AD and CVD Centralized Electronic
Service System (IA ACCESS) to AD and CVD
Centralized Electronic Service System (ACCESS).
The Web site location was changed from https://
iaaccess.trade.gov to https://access.trade.gov. The
Final Rule changing the references to the
Regulations can be found at 79 FR 69046
(November 20, 2014).
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15:07 Dec 04, 2014
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72169
will be held at the U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230, at
a time and location to be determined.
Preliminary Results of the Review
Parties should confirm by telephone the
As a result of this review, we
date, time, and location of the hearing.
preliminarily determine that the
Unless the deadline is extended
following weighted-average dumping
pursuant to section 751(a)(2)(B)(iv) of
margins exist for the respondents for the the Act and 19 CFR 351.213(h)(2), the
period November 1, 2012, through
Department intends to issue the final
October 31, 2013.
results of this administrative review,
including the results of our analysis of
Weighted-average
the issues raised by the parties in their
Producer or exporter
dumping margin
case and rebuttal briefs, within 120 days
(percent)
after the publication of these
Husteel Co., Ltd ............
1.15 preliminary results, pursuant to section
Hyundai HYSCO ...........
2.02 751(a)(3)(A) of the Act and 19 CFR
351.213(h)(1).
Disclosure and Public Comment
Assessment Rates
The Department intends to disclose to
For Husteel and HYSCO, upon
interested parties the calculations
issuance of the final results, the
performed in connection with these
Department shall determine, and U.S.
preliminary results within five days of
Customs and Border Protection (CBP)
5
the date of publication of this notice.
shall assess, antidumping duties on all
Interested parties may submit case briefs appropriate entries covered by this
no later than 30 days after the date of
review. Both Husteel and HYSCO
publication of the preliminary results.6
reported the name of the importer of
Rebuttal briefs, limited to the issues
record and the entered value for all of
raised in the case briefs, may be filed no their sales to the United States during
later than five days after the submission the POR. If Husteel and HYSCO’s
of case briefs.7 Parties who submit case
weighted-average dumping margins are
briefs or rebuttal briefs in this
not zero or de minimis (i.e., less than
proceeding are encouraged to submit
0.50 percent) in the final results of this
with each argument: (1) A statement of
review, we will calculate importerthe issue; (2) a brief summary of the
specific assessment rates on the basis of
8
argument; and (3) a table of authorities.
the ratio of the total amount of dumping
All case and rebuttal briefs must be filed calculated for each importer’s examined
electronically using ACCESS, and must
sales and the total entered value of those
also be served on interested parties.9 An sales in accordance with 19 CFR
electronically filed document must be
351.212(b)(1).
received successfully in its entirety by
We will instruct CBP to assess
the Department’s electronic records
antidumping duties on all appropriate
system, ACCESS, by 5:00 p.m. Eastern
entries covered by this review when the
Standard Time on the date that the
importer-specific assessment rate
document is due. Executive summaries
calculated in the final results of this
should be limited to five pages total,
review is not zero or de minimis. Where
including footnotes.
either the respondent’s weightedInterested parties who wish to request average dumping margin is zero or de
a hearing, or to participate if one is
minimis,11 or an importer-specific
requested, must submit a written
assessment rate is zero or de minimis,
request to the Assistant Secretary for
we will instruct CBP to liquidate the
Enforcement and Compliance, U.S.
appropriate entries without regard to
Department of Commerce, using
antidumping duties.
Enforcement and Compliance’s ACCESS
The Department clarified its
system within 30 days of publication of
‘‘automatic assessment’’ regulation on
10 Hearing requests should
this notice.
May 6, 2003. This clarification will
contain the party’s name, address, and
apply to entries of subject merchandise
telephone number, the number of
during the POR produced by Husteel
participants, and a list of the issues to
and HYSCO for which they did not
be discussed. If a request for a hearing
know its merchandise was destined for
is made, we will inform parties of the
the United States. In such instances, we
scheduled date for the hearing which
will instruct CBP to liquidate
unreviewed entries at the all-others rate
electronic versions of the Preliminary
Decision Memorandum are identical in
content.
5 See
19 CFR 351.224(b).
19 CFR 351.309(c)(1)(ii).
7 See 19 CFR 351.309(d)(1).
8 See 19 CFR 351.309(c)(2) and (d)(2).
9 See 19 CFR 351.303(f).
10 See 19 CFR 351.310(c).
6 See
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11 See Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty
Proceedings; Final Modification, 77 FR 8101, 8102
(February 14, 2012).
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Federal Register / Vol. 79, No. 234 / Friday, December 5, 2014 / Notices
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 companies for which the
review has been rescinded, antidumping
duties shall be assessed at rates equal to
the rates for 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.
wreier-aviles on DSK5TPTVN1PROD with NOTICES
Cash Deposit Requirements
The following cash deposit
requirements for estimated antidumping
duties 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
equal to the weighted-average dumping
margins established in the final results
of this administrative review; (2) for
merchandise exported by producers or
exporters not covered in this review but
covered in a prior completed segment of
the proceeding, the cash deposit rate
will continue to be the companyspecific 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 producer has been covered in a prior
complete segment of this proceeding,
the cash deposit rate will be the rate
established for the most recent period
for the producer of the merchandise; (4)
the cash deposit rate for all other
producers or exporters will continue to
be 4.80 percent, the ‘‘all others’’ rate
established in the order.12 These cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
12 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.
Dated: November 28, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of Order
IV. Rescission of Review In Part
V. Discussion of the Methodology
1. Comparison to Normal Value
2. Product Comparisons
3. Treatment of Grade as a Physical
Characteristic
4. Level of Trade/Constructed Export Price
Offset
5. Constructed Export Price
6. Normal Value
7. Currency Conversion
VI. Recommendation
1, 2013, through July 31, 2014.1 On
November 4, 2014, BASACO timely
withdrew its request for a new shipper
review. Accordingly, the Department is
rescinding the new shipper review with
respect to BASACO.
DATES: Effective Date: December 5, 2014.
FOR FURTHER INFORMATION CONTACT:
Alexander Montoro, AD/CVD
Operations, Office V, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–0238.
Rescission of New Shipper Review
On September 24, 2014, the
Department initiated a new shipper
review of BASACO.2 On November 4,
2014, BASACO withdrew its new
shipper review request.3 19 CFR
351.214(f)(1) provides that the
Department may rescind a new shipper
review if the party that requested the
review withdraws its request for review
within 60 days of the date of publication
of the notice of initiation of the
requested review in the Federal
Register. Because BASACO timely
withdrew its request for a new shipper
review (i.e., 33 days after the date of
publication of the notice of initiation of
the requested review), the Department is
rescinding the new shipper review of
the antidumping duty order on certain
frozen fish fillets from Vietnam with
respect to BASACO. Consequently,
BASACO will remain part of the
Vietnam-wide entity.
Assessment
Certain Frozen Fish Fillets From the
Socialist Republic of Vietnam:
Rescission of Antidumping Duty New
Shipper Review; 2013–2014
Because BASACO remains part of the
Vietnam-wide entity, it remains under
review in the ongoing administrative
review of the antidumping duty order of
certain frozen fish fillets from Vietnam
covering the period August 1, 2013, to
July 31, 2014.4 Therefore, the
Department will not order liquidation of
entries for BASACO. The Department
intends to issue liquidation instructions
for the Vietnam-wide entity, which will
cover any entries by BASACO, 15 days
after publication of the final results of
the administrative review covering the
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to a request from
BASA Joint Stock Company
(‘‘BASACO’’), the Department of
Commerce (‘‘Department’’) initiated a
new shipper review of the antidumping
duty order on certain frozen fish fillets
from the Socialist Republic of Vietnam
(‘‘Vietnam’’) covering the period August
1 See Certain Frozen Fish Fillets from the Socialist
Republic of Vietnam: Initiation of Antidumping
Duty New Shipper Review; 2013–2014, 79 FR 59476
(October 2, 2014) (‘‘Initiation Notice’’).
2 Id.
3 See letter from BASACO entitled ‘‘Withdrawal
of Request for New Shipper Review: Certain Frozen
Fish Fillets from the Socialist Republic of Vietnam:
Review Period—8/1/13–7/31/14,’’ dated November
4, 2014.
4 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 79 FR
58729, 58731 (Sept. 30, 2014).
[FR Doc. 2014–28580 Filed 12–4–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–801]
AGENCY:
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]]>Agencies
[Federal Register Volume 79, Number 234 (Friday, December 5, 2014)]
[Notices]
[Pages 72168-72170]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-28580]
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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 and Partial Rescission of Antidumping Duty
Administrative Review; 2012-2013
AGENCY: Enforcement and Compliance, 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).\1\ The
period of review (POR) is November 1, 2012, through October 31, 2013.
This review covers eight producers or exporters of the subject
merchandise, Husteel Co., Ltd. (Husteel), Hyundai HYSCO (HYSCO), Dongbu
Steel Co., Ltd., SeAH Steel Corporation, A-JU Besteel Co., Ltd.,
Kumkang Industrial Co., Ltd., Nexteel Co., Ltd., and Union Steel Co.,
Ltd. We preliminarily find that Husteel and HYSCO have made sales of
the subject merchandise at prices below normal value. We are rescinding
this review for the remaining six producers or exporters. Interested
parties are invited to comment on these preliminary results.
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation in Part, 78 FR
79392 (December 30, 2013).
---------------------------------------------------------------------------
DATES: Effective Date: December 5, 2014.
FOR FURTHER INFORMATION CONTACT: Jennifer Meek or Joseph Shuler, AD/CVD
Operations, Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington DC 20230; telephone (202) 482-2778
or (202) 482-1293, 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 of the United States (HTSUS)
numbers: 7306.30.1000, 7306.30.5025, 7306.30.5032, 7306.30.5040,
7306.30.5055, 7306.30.5085, and 7306.30.5090. Although the HTSUS
numbers are provided for convenience and customs purposes, the written
[[Page 72169]]
product description remains dispositive.\2\
---------------------------------------------------------------------------
\2\ For a full description of the scope of the order, see the
Memorandum from Gary Taverman, Associate Deputy Assistant Secretary
for Antidumping and Countervailing Duty Operations, to Ronald K.
Lorentzen, Acting Assistant Secretary for Enforcement and
Compliance, ``Decision Memorandum for the Preliminary Results of
Antidumping Duty Administrative Review: Circular Welded Non-Alloy
Steel Pipe from the Republic of Korea: 2012-2013'' (Preliminary
Decision Memorandum), dated concurrently with these results and
hereby adopted by this notice.
---------------------------------------------------------------------------
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., and Union Steel Co., Ltd.\3\
---------------------------------------------------------------------------
\3\ See Letter from Wheatland Tube Company (Wheatland) to the
Department, ``Circular Welded Non-Alloy Steel Pipe from Republic of
Korea/Partial Withdrawal of Request for Administrative Review,''
dated March 31, 2014 and Letter from United States Steel Corporation
(U.S. Steel) to the Department, ``Circular Welded Non-Alloy Steel
Pipe from Korea,'' dated March 31, 2014.
---------------------------------------------------------------------------
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.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. The Preliminary
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS).\4\ ACCESS is available
to registered users at https://access.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 at https://trade.gov/enforcement. The signed Preliminary Decision Memorandum and
the electronic versions of the Preliminary Decision Memorandum are
identical in content.
---------------------------------------------------------------------------
\4\ On November 24, 2014, Enforcement and Compliance changed the
name of Enforcement and Compliance's AD and CVD Centralized
Electronic Service System (IA ACCESS) to AD and CVD Centralized
Electronic Service System (ACCESS). The Web site location was
changed from https://iaaccess.trade.gov to https://access.trade.gov.
The Final Rule changing the references to the Regulations can be
found at 79 FR 69046 (November 20, 2014).
---------------------------------------------------------------------------
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, 2012, through October 31, 2013.
------------------------------------------------------------------------
Weighted-average
Producer or exporter dumping margin
(percent)
------------------------------------------------------------------------
Husteel Co., Ltd.................................... 1.15
Hyundai HYSCO....................................... 2.02
------------------------------------------------------------------------
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.\5\
Interested parties may submit case briefs no later than 30 days after
the date of publication of the preliminary results.\6\ Rebuttal briefs,
limited to the issues raised in the case briefs, may be filed no later
than five days after the submission of case briefs.\7\ 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.\8\ All case
and rebuttal briefs must be filed electronically using ACCESS, and must
also be served on interested parties.\9\ An electronically filed
document must be received successfully in its entirety by the
Department's electronic records system, ACCESS, by 5:00 p.m. Eastern
Standard Time on the date that the document is due. Executive summaries
should be limited to five pages total, including footnotes.
---------------------------------------------------------------------------
\5\ See 19 CFR 351.224(b).
\6\ See 19 CFR 351.309(c)(1)(ii).
\7\ See 19 CFR 351.309(d)(1).
\8\ See 19 CFR 351.309(c)(2) and (d)(2).
\9\ See 19 CFR 351.303(f).
---------------------------------------------------------------------------
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 Enforcement and Compliance, U.S. Department of Commerce,
using Enforcement and Compliance's ACCESS system within 30 days of
publication of this notice.\10\ Hearing requests should contain the
party's name, address, and telephone number, the number of
participants, and a list of the issues to be discussed. If a request
for a hearing is made, we will inform parties of the scheduled date for
the hearing which will be held at the U.S. Department of Commerce, 14th
Street and Constitution Avenue NW., Washington, DC 20230, at a time and
location to be determined. Parties should confirm by telephone the
date, time, and location of the hearing.
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\10\ See 19 CFR 351.310(c).
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Unless the deadline is extended pursuant to section
751(a)(2)(B)(iv) of the Act and 19 CFR 351.213(h)(2), the Department
intends to issue the final results of this administrative review,
including the results of our analysis of the issues raised by the
parties in their case and rebuttal briefs, within 120 days after the
publication of these preliminary results, pursuant to section
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
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. Both 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 not zero or de minimis (i.e., less than 0.50
percent) in the final results of this review, we will calculate
importer-specific assessment rates on the basis of the ratio of the
total amount of dumping calculated for each importer's examined sales
and the total entered value of those sales in accordance with 19 CFR
351.212(b)(1).
We will instruct CBP to assess antidumping duties on all
appropriate entries covered by this review when the importer-specific
assessment rate calculated in the final results of this review is not
zero or de minimis. Where either the respondent's weighted-average
dumping margin is zero or de minimis,\11\ or an importer-specific
assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
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\11\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Duty Proceedings; Final Modification, 77 FR 8101, 8102 (February 14,
2012).
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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
[[Page 72170]]
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 companies for which the review has been rescinded,
antidumping duties shall be assessed at rates equal to the rates for
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 cash deposit requirements for estimated antidumping
duties 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 equal to the
weighted-average dumping margins established in the final results of
this administrative review; (2) for merchandise exported by producers
or exporters not covered in this review but covered in a prior
completed 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 producer has been
covered in a prior complete segment of this proceeding, the cash
deposit rate will be the rate established for the most recent period
for the producer of the merchandise; (4) the cash deposit rate for all
other producers or exporters will continue to be 4.80 percent, the
``all others'' rate established in the order.\12\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\12\ 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.
Dated: November 28, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of Order
IV. Rescission of Review In Part
V. Discussion of the Methodology
1. Comparison to Normal Value
2. Product Comparisons
3. Treatment of Grade as a Physical Characteristic
4. Level of Trade/Constructed Export Price Offset
5. Constructed Export Price
6. Normal Value
7. Currency Conversion
VI. Recommendation
[FR Doc. 2014-28580 Filed 12-4-14; 8:45 am]
BILLING CODE 3510-DS-P
