Circular Welded Non-Alloy Steel Pipe From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2012-2013, 32937-32939 [2015-14214]
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Federal Register / Vol. 80, No. 111 / Wednesday, June 10, 2015 / Notices
responsibility, affiliation, or other
connection in the conduct of trade or
business may also be made subject to
the provisions of this Order in order to
prevent evasion of this Order.
Fourth, in accordance with Part 756 of
the Regulations, Collins-Avila may file
an appeal of this Order with the Under
Secretary of Commerce for Industry and
Security. The appeal must be filed
within 45 days from the date of this
Order and must comply with the
provisions of Part 756 of the
Regulations.
Fifth, a copy of this Order shall be
delivered to the Collins-Avila. This
Order shall be published in the Federal
Register.
Sixth, this Order is effective
immediately and shall remain in effect
until September 24, 2024.
Issued this 2nd day of June, 2015.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2015–14177 Filed 6–9–15; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–552–813]
Certain Steel Wire Garment Hangers
From the Socialist Republic of
Vietnam: Rescission of Countervailing
Duty Administrative Review; 2014
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: June 10, 2015.
FOR FURTHER INFORMATION CONTACT: John
Conniff, AD/CVD Operations, Office III,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–1009.
SUPPLEMENTARY INFORMATION:
AGENCY:
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Background
On February 2, 2015, the Department
of Commerce (the Department)
published a notice of opportunity to
request an administrative review of the
countervailing duty order on certain
steel wire garment hangers from the
Socialist Republic of Vietnam
(Vietnam).1
Pursuant to a request from M&B Metal
Products Company, Inc., Innovative
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 80 FR 5509
(February 2, 2015).
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Fabrication LLC/Indy Hanger, and US
Hanger Company, LLC (collectively,
Petitioners), the Department published
in the Federal Register the notice of
initiation of countervailing duty
administrative review with respect to 50
companies for the period January 1,
2014, through December 31, 2014.2
Petitioners were the only interested
parties to submit a request for this
administrative review. On April 8, 2015,
Petitioners withdrew their request for
review with respect to all 50 companies
in a timely manner.3
Rescission of the 2012–2013
Administrative Review
Pursuant to 19 CFR 351.213(d)(1), the
Secretary will rescind an administrative
review, in whole or in part, if the parties
that requested a review withdraw the
request within 90 days of the date of
publication of the notice of initiation of
the requested review. The Department
published the Initiation on April 3,
2015.4 Petitioners’ withdrawal of their
review request was submitted within
the 90-day period following the
publication of the Initiation and, thus, is
timely. Therefore, in accordance with 19
CFR 351.213(d)(1), we are rescinding
this review of the countervailing duty
order on certain steel wire garment
hangers from Vietnam in its entirety.
32937
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
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a violation
which is subject to sanction.
This notice is issued and published in
accordance with sections 751(a)(1) and
777(i)(1) of the Tariff Act of 1930, as
amended, and 19 CFR 351.213(d)(4).
Dated: June 1, 2015.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2015–14208 Filed 6–9–15; 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 Antidumping Duty
Administrative Review; 2012–2013
Notification Regarding Administrative
Protective Order
This notice serves as a final reminder
to parties subject to administrative
protective orders (APOs) of their
responsibility concerning the
disposition of proprietary information
disclosed under an APO in accordance
with 19 CFR 351.305(a)(3), which
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On December 5, 2014, the
Department of Commerce (the
Department) published the Preliminary
Results of its administrative review of
the antidumping duty order on circular
welded non-alloy steel pipe (CWP) from
the Republic of Korea (Korea) for the
period November 1, 2012, through
October 31, 2013.1 The review covers
two producers/exporters of the subject
merchandise, Husteel Co., Ltd. (Husteel)
and Hyundai HYSCO (HYSCO), both of
which were selected for individual
examination. As a result of our analysis
of the comments received, these final
results differ from our Preliminary
Results. For these final results, we
continue to find that Husteel and
HYSCO sold subject merchandise at
prices less than normal value.
DATES: Effective date: June 10, 2015.
FOR FURTHER INFORMATION CONTACT:
Joseph Shuler or Jennifer Meek, 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;
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and
Request for Revocation in Part, 80 FR 18202 (April
3, 2015) (Initiation).
3 See Petitioners’ April 8, 2015, submission.
4 See Initiation.
1 See Circular Welded Non-Alloy Steel Pipe From
the Republic of Korea: Preliminary Results and
Partial Rescission of Antidumping Duty
Administrative Review; 2012–2013, 79 FR 72168
(December 5, 2014) (Preliminary Results) and
accompanying Preliminary Decision Memorandum.
Assessment
The Department will instruct U.S.
Customs and Border Protection (CBP) to
assess countervailing duties on all
appropriate entries. For the companies
for which this review is rescinded
countervailing duties shall be assessed
at rates equal to the cash deposit of
estimated countervailing duties required
at the time of entry, or withdrawal from
warehouse, for consumption, during the
period January 1, 2014, through
December 31, 2014, in accordance with
19 CFR 351.212(c)(1)(i).
The Department intends to issue
appropriate assessment instructions
directly to CBP 15 days after publication
of this notice.
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AGENCY:
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32938
Federal Register / Vol. 80, No. 111 / Wednesday, June 10, 2015 / Notices
telephone (202) 482–1293 or (202) 482–
2778, respectively.
Background
Following the Preliminary Results, the
Department sent a supplemental
questionnaire to HYSCO and received
timely responses from HYSCO and its
affiliate, Hyundai Steel.2
On March 10, 2015, the Department
issued a memorandum extending the
time period for issuing the final results
of this administrative review from April
4, 2015 to May 4, 2015, as permitted by
section 751(a)(3)(A) of the Tariff Act of
1930, as amended (the Act) and 19 CFR
351.213(h)(2).3 We again, on April 15,
2015, extended the final results from
May 4, 2015 to June 3, 2015.4
On January 26, 2015, we received case
briefs from Wheatland Tube Company
(Wheatland, or the petitioner), Husteel,
and HYSCO.5 On February 2, 2015, we
received rebuttal briefs from Wheatland
and HYSCO.6
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Scope of the Order
The merchandise subject to the order
is circular welded non-alloy steel pipe
and tube. The product is currently
2 See Letter to HYSCO, ‘‘Antidumping Duty
Administrative Review of Circular Welding NonAlloy Steel Pipe from the Republic of Korea:
Supplemental Questionnaire,’’ (December 16, 2014);
see also Letter to the Department, ‘‘Twenty-First
Administrative Review of Certain Circular Welded
Non-Alloy Steel Pipe from the Republic of Korea:
Supplemental Section D Questionnaire Response,’’
(January 7, 2015) and see Letter to the Department
regarding, ‘‘Twenty-First Administrative Review of
Certain Circular Welded Non-Alloy Steel Pipe from
the Republic of Korea: Response of Hyundai Steel
to Question 1 of the Supplemental Section D
Questionnaire to HYSCO,’’ (January 7, 2015).
3 See Memorandum from Joseph Shuler, to
Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations
entitled ‘‘Circular Welded Non-Alloy Steel Pipe
from the Republic of Korea: Extension of Time
Limit for Final Results of Antidumping Duty
Administrative Review,’’ (March 10, 2015).
4 See Memorandum from Joseph Shuler, to Gary
Taverman, Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations
entitled ‘‘Circular Welded Non-Alloy Steel Pipe
from the Republic of Korea: Extension of Time
Limit for Final Results of Antidumping Duty
Administrative Review,’’ (April 15, 2015).
5 See Case Brief of Wheatland Tube Company
(Petitioner), ‘‘Circular Welded Non-Alloy Steel Pipe
From the Republic of Korea: Case Brief,’’ (January
26, 2015); see also Case Brief of Husteel, ‘‘Certain
Circular Welded Non-Alloy Steel Pipe from the
Republic of Korea, Case No. A–580–809: Case
Brief,’’ (January 26, 2015), and see, also, Case Brief
of HYSCO, ‘‘Twenty-First Administrative Review of
Certain Circular Welded Non-Alloy Steel Pipe from
the Republic of Korea: Case Brief and Request for
Closed Hearing,’’ (January 26, 2015).
6 See Rebuttal Brief of Wheatland Tube Company,
‘‘Circular Welded Non-Alloy Steel Pipe From the
Republic of Korea: Rebuttal Brief of Wheatland
Tube Company,’’ (February 2, 2015), and see
Rebuttal Brief from Hundai HYSCO, ‘‘Twenty-First
Administrative Review of Certain Circular Welded
Non-Alloy Steel Pipe from the Republic of Korea:
Rebuttal Brief,’’ (February 2, 2015).
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16:46 Jun 09, 2015
Jkt 235001
classified under the following
Harmonized Tariff Schedule of the
United States (HTSUS) subheadings:
7306.30.10.00, 7306.30.50.25,
7306.30.50.32, 7306.30.50.40,
7306.30.50.55, 7306.30.50.85, and
7306.30.50.90. Although the HTSUS
numbers are provided for convenience
and customs purposes, the written
product description remains dispositive.
A full description of the scope of the
order is contained in 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, ‘‘Issues and Decision
Memorandum for the Final Results of
the Antidumping Duty Administrative
Review: Circular Welded Non-Alloy
Steel Pipe from the Republic of Korea:
2012–2013,’’ dated concurrently with
this notice (Issues and Decision
Memorandum), and which is hereby
adopted by this notice.
Analysis of Comments Received
All issues raised in the parties’ briefs
are addressed in the Issues and Decision
Memorandum. A list of the issues raised
is attached to this notice as an
Appendix. The Issues and 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).
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
Issues and Decision Memorandum can
be accessed directly on the internet at
https://trade.gov/enforcement. The
signed Issues and Decision
Memorandum and the electronic
versions of the Issues and Decision
Memorandum are identical in content.
Administrative expense calculation; and
corrected certain errors related to grade
code.8 For details regarding these
changes, please refer to the Issues and
Decision Memorandum.
Final Results of the Review
As a result of this review, we
determine that the following weightedaverage dumping margins exist for the
period November 1, 2012, through
October 31, 2013:
Producer/exporter
Husteel Co., Ltd ....................
Hyundai HYSCO ...................
Weightedaverage
dumping
margin
(percent)
1.05
0.80
Disclosure
We will disclose the calculations used
in our analysis to parties to these
proceedings within five days of the date
of publication of this notice pursuant to
19 CFR 351.224(b).
Changes From the Preliminary Results
Based on our analysis of the
comments received from interested
parties, we have made certain
adjustments to define the universe of
Husteel’s U.S. sales.7 Also, based on our
analysis of the comments received from
interested parties, and the additional
information we solicited from HYSCO,
we have made certain changes to
HYSCO’s costs, HYSCO’s General and
Assessment Rates
Pursuant to section 751(a)(2)(A) and
(C) of the Act, and 19 CFR 351.212(b)(1),
the Department has determined, and
U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties
on all appropriate entries of subject
merchandise in accordance with the
final results of this review. The
Department intends to issue assessment
instructions to CBP 15 days after the
date of publication of these final results
of review.
For assessment purposes, 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 period of review (POR).
Accordingly, for each respondent, we
calculated importer-specific ad valorem
antidumping duty assessment rates 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 same sales in accordance
with 19 CFR 351.212(b)(1). Where an
importer-specific assessment rate is zero
or de minimis (i.e., less than 0.5
percent), we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties in
accordance with 19 CFR 351.106(c)(2).
For entries of subject merchandise
during the POR produced by Husteel
and HYSCO for which they did not
7 See Memorandum to The File from Jennifer
Meek, International Trade Compliance Analyst,
Enforcement and Compliance Office I, ‘‘Circular
Welded Non-Alloy Steel Pipe from the Republic of
Korea: Final Calculation Memorandum for Husteel
Co., Ltd.’’ (June 3, 2015).
8 See Memorandum to The File from Joseph
Shuler, International Trade Compliance Analyst,
Enforcement and Compliance Office I, ‘‘Circular
Welded Non-Alloy Steel Pipe from the Republic of
Korea: Final Calculation Memorandum for Hyundai
HYSCO’’ (June 3, 2015).
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Federal Register / Vol. 80, No. 111 / Wednesday, June 10, 2015 / Notices
know were destined for the United
States, we will instruct CBP to liquidate
unreviewed entries at the all-others rate
if there is no rate for the intermediate
company or companies 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).
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the notice of final results
of administrative review for all
shipments of subject merchandise
entered or withdrawn from warehouse,
for consumption, on or after the date of
publication as provided by section
751(a)(2)(C) of the Act: (1) The cash
deposit rate for Husteel and HYSCO will
be equal to the respective weightedaverage dumping margin established in
the final results of this 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 recently
completed segment of this proceeding in
which that manufacturer or exporter
participated; (3) if the exporter is not a
firm covered in this review, a prior
review, or the original investigation but
the manufacturer is, the cash deposit
rate will be the rate established for the
most recently completed segment of this
proceeding for the manufacturer of
subject merchandise; and (4) the cash
deposit rate for all other manufacturers
or exporters will continue to be 4.80
percent, the ‘‘all others’’ rate established
pursuant to a court decision.9 These
cash deposit requirements, when
imposed, shall remain in effect until
further notice.
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Notification to Importers Regarding the
Reimbursement of Duties
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this review period. Failure to
comply with this requirement could
result in the Department’s presumption
that reimbursement of antidumping
duties occurred and the subsequent
assessment of doubled antidumping
duties.
9 See Circular Welded Non-Alloy Steel Pipe From
Korea: Notice of Final Court Decision and Amended
Final Determination, 60 FR 55833 (November 3,
1995).
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16:46 Jun 09, 2015
Jkt 235001
32939
Notification Regarding Administrative
Protective Order
This notice also serves as a 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), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return or destruction
of APO materials, or conversion to
judicial protective order, is hereby
requested. Failure to comply with the
regulations and the terms of an APO is
a sanctionable violation.
Comment 12: The Department Should Adjust
HYSCO’s G&A Ratio
Comment 13: Grade Coding Adjustments
Contained Clerical Errors
Comment 14: Draft Assessment Instructions
Contained Errors
Comment 15: Application of Total Adverse
Facts Available is Warranted Due to
HYSCO’s Repeated Failure to Provide
Necessary Information for Affiliated HotRolled Coil Purchases
Notification to Interested Parties
These final results of administrative
review are issued and published in
accordance with sections 751(a)(1) and
777(i)(1) of the Act.
Submission for OMB Review;
Comment Request
Dated: June 3, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Issues Discussed in the Issues and
Decision Memorandum
Comment 1: Differential Pricing Analysis
Should Not Be Used Because the Cohen’s
d Test Does Not Measure Targeted or
Masked Dumping
Comment 2: Differential Pricing Analysis
Reasoning for Use of Average-toTransaction Comparison Methodology is
Arbitrary and Unlawful
Comment 3: Differential Pricing Analysis is
Not Permitted to be Used in
Administrative Reviews
Comment 4: Defining the Universe of Sales
Comment 5: Narrative Description of
Calculation Methodology Contained An
Error
Comment 6: The Department Changed Its
Practice Regarding Treatment of
HYSCO’s Costs Without Giving Prior
Notice
Comment 7: The Department Should Use
GNA_I In Its Margin Calculation and
Should Adjust HYSCO’s Reported Costs
Comment 8: HYSCO’s Reported Costs and
Control Number (CONNUM)
Characteristics Are Consistent with the
Department’s Reporting Requirements
and Should Not Be Reallocated
Comment 9: The Petitioner’s Analysis of
HYSCO’s Cost Reporting Does Not
Support Revision To Costs and a
Complete Reallocation of HYSCO’s Cost
is Unwarranted
Comment 10: Cost Adjustments Eliminate
Cost Differences Associated with Product
Characteristics and Reallocating Total
Material Costs Rather Than Only HotCoil Costs Is An Error
Comment 11: The Department Should Adjust
for Certain of HYSCO’s Affiliated HotRolled Coil Purchases
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[FR Doc. 2015–14214 Filed 6–9–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
The Department of Commerce will
submit to the Office of Management and
Budget (OMB) for clearance the
following proposal for collection of
information under the provisions of the
Paperwork Reduction Act (44 U.S.C.
Chapter 35).
Agency: National Oceanic and
Atmospheric Administration (NOAA).
Title: Highly Migratory Species
Dealer, Importer and Exporter Reporting
Family of Forms.
OMB Control Number: 0648–0040.
Form Number(s): None.
Type of Request: Revision and
extension of a currently approved
information collection.
Number of Respondents: 9,585.
Average Hours per Response: 5
minutes each for CD, SD, and RXC
certificates; 15 minutes for CD/SD/RXC
validation by government official; 120
minutes for authorization of nongovernmental CD/SD/RXC validation; 2
minutes for daily Atlantic BFT landing
reports; 3 minutes for daily Atlantic
BFT landing reports from pelagic
longline and purse seine vessels; 1
minute for Atlantic BFT tagging; 15
minutes for biweekly Atlantic BFT
dealer landing reports; 15 minutes for
HMS international trade biweekly
reports; 15 minutes for weekly
electronic HMS dealer landing reports
(e-dealer); 5 minutes for negative weekly
electronic HMS dealer landing reports
(e-dealer); 15 minutes for voluntary
fishing vessel and catch forms.
Burden Hours: 39,961.
Needs and Uses: This request is for
revision and extension of a currently
approved information collection,
Under the provisions of the
Magnuson-Stevens Fishery
Conservation and Management Act (16
U.S.C. 1801 et seq.), the National Marine
Fisheries Service (NMFS) is responsible
E:\FR\FM\10JNN1.SGM
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]]>Agencies
[Federal Register Volume 80, Number 111 (Wednesday, June 10, 2015)]
[Notices]
[Pages 32937-32939]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-14214]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-809]
Circular Welded Non-Alloy Steel Pipe From the Republic of Korea:
Final Results of Antidumping Duty Administrative Review; 2012-2013
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On December 5, 2014, the Department of Commerce (the
Department) published the Preliminary Results of its administrative
review of the antidumping duty order on circular welded non-alloy steel
pipe (CWP) from the Republic of Korea (Korea) for the period November
1, 2012, through October 31, 2013.\1\ The review covers two producers/
exporters of the subject merchandise, Husteel Co., Ltd. (Husteel) and
Hyundai HYSCO (HYSCO), both of which were selected for individual
examination. As a result of our analysis of the comments received,
these final results differ from our Preliminary Results. For these
final results, we continue to find that Husteel and HYSCO sold subject
merchandise at prices less than normal value.
---------------------------------------------------------------------------
\1\ See Circular Welded Non-Alloy Steel Pipe From the Republic
of Korea: Preliminary Results and Partial Rescission of Antidumping
Duty Administrative Review; 2012-2013, 79 FR 72168 (December 5,
2014) (Preliminary Results) and accompanying Preliminary Decision
Memorandum.
---------------------------------------------------------------------------
DATES: Effective date: June 10, 2015.
FOR FURTHER INFORMATION CONTACT: Joseph Shuler or Jennifer Meek, 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;
[[Page 32938]]
telephone (202) 482-1293 or (202) 482-2778, respectively.
Background
Following the Preliminary Results, the Department sent a
supplemental questionnaire to HYSCO and received timely responses from
HYSCO and its affiliate, Hyundai Steel.\2\
---------------------------------------------------------------------------
\2\ See Letter to HYSCO, ``Antidumping Duty Administrative
Review of Circular Welding Non-Alloy Steel Pipe from the Republic of
Korea: Supplemental Questionnaire,'' (December 16, 2014); see also
Letter to the Department, ``Twenty-First Administrative Review of
Certain Circular Welded Non-Alloy Steel Pipe from the Republic of
Korea: Supplemental Section D Questionnaire Response,'' (January 7,
2015) and see Letter to the Department regarding, ``Twenty-First
Administrative Review of Certain Circular Welded Non-Alloy Steel
Pipe from the Republic of Korea: Response of Hyundai Steel to
Question 1 of the Supplemental Section D Questionnaire to HYSCO,''
(January 7, 2015).
---------------------------------------------------------------------------
On March 10, 2015, the Department issued a memorandum extending the
time period for issuing the final results of this administrative review
from April 4, 2015 to May 4, 2015, as permitted by section 751(a)(3)(A)
of the Tariff Act of 1930, as amended (the Act) and 19 CFR
351.213(h)(2).\3\ We again, on April 15, 2015, extended the final
results from May 4, 2015 to June 3, 2015.\4\
---------------------------------------------------------------------------
\3\ See Memorandum from Joseph Shuler, to Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations entitled ``Circular Welded Non-Alloy Steel Pipe from the
Republic of Korea: Extension of Time Limit for Final Results of
Antidumping Duty Administrative Review,'' (March 10, 2015).
\4\ See Memorandum from Joseph Shuler, to Gary Taverman,
Associate Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations entitled ``Circular Welded Non-Alloy
Steel Pipe from the Republic of Korea: Extension of Time Limit for
Final Results of Antidumping Duty Administrative Review,'' (April
15, 2015).
---------------------------------------------------------------------------
On January 26, 2015, we received case briefs from Wheatland Tube
Company (Wheatland, or the petitioner), Husteel, and HYSCO.\5\ On
February 2, 2015, we received rebuttal briefs from Wheatland and
HYSCO.\6\
---------------------------------------------------------------------------
\5\ See Case Brief of Wheatland Tube Company (Petitioner),
``Circular Welded Non-Alloy Steel Pipe From the Republic of Korea:
Case Brief,'' (January 26, 2015); see also Case Brief of Husteel,
``Certain Circular Welded Non-Alloy Steel Pipe from the Republic of
Korea, Case No. A-580-809: Case Brief,'' (January 26, 2015), and
see, also, Case Brief of HYSCO, ``Twenty-First Administrative Review
of Certain Circular Welded Non-Alloy Steel Pipe from the Republic of
Korea: Case Brief and Request for Closed Hearing,'' (January 26,
2015).
\6\ See Rebuttal Brief of Wheatland Tube Company, ``Circular
Welded Non-Alloy Steel Pipe From the Republic of Korea: Rebuttal
Brief of Wheatland Tube Company,'' (February 2, 2015), and see
Rebuttal Brief from Hundai HYSCO, ``Twenty-First Administrative
Review of Certain Circular Welded Non-Alloy Steel Pipe from the
Republic of Korea: Rebuttal Brief,'' (February 2, 2015).
---------------------------------------------------------------------------
Scope of the Order
The merchandise subject to the order is circular welded non-alloy
steel pipe and tube. The product is currently classified under the
following Harmonized Tariff Schedule of the United States (HTSUS)
subheadings: 7306.30.10.00, 7306.30.50.25, 7306.30.50.32,
7306.30.50.40, 7306.30.50.55, 7306.30.50.85, and 7306.30.50.90.
Although the HTSUS numbers are provided for convenience and customs
purposes, the written product description remains dispositive.
A full description of the scope of the order is contained in 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, ``Issues and
Decision Memorandum for the Final Results of the Antidumping Duty
Administrative Review: Circular Welded Non-Alloy Steel Pipe from the
Republic of Korea: 2012-2013,'' dated concurrently with this notice
(Issues and Decision Memorandum), and which is hereby adopted by this
notice.
Analysis of Comments Received
All issues raised in the parties' briefs are addressed in the
Issues and Decision Memorandum. A list of the issues raised is attached
to this notice as an Appendix. The Issues and 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). 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 Issues and Decision Memorandum can
be accessed directly on the internet at https://trade.gov/enforcement.
The signed Issues and Decision Memorandum and the electronic versions
of the Issues and Decision Memorandum are identical in content.
Changes From the Preliminary Results
Based on our analysis of the comments received from interested
parties, we have made certain adjustments to define the universe of
Husteel's U.S. sales.\7\ Also, based on our analysis of the comments
received from interested parties, and the additional information we
solicited from HYSCO, we have made certain changes to HYSCO's costs,
HYSCO's General and Administrative expense calculation; and corrected
certain errors related to grade code.\8\ For details regarding these
changes, please refer to the Issues and Decision Memorandum.
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\7\ See Memorandum to The File from Jennifer Meek, International
Trade Compliance Analyst, Enforcement and Compliance Office I,
``Circular Welded Non-Alloy Steel Pipe from the Republic of Korea:
Final Calculation Memorandum for Husteel Co., Ltd.'' (June 3, 2015).
\8\ See Memorandum to The File from Joseph Shuler, International
Trade Compliance Analyst, Enforcement and Compliance Office I,
``Circular Welded Non-Alloy Steel Pipe from the Republic of Korea:
Final Calculation Memorandum for Hyundai HYSCO'' (June 3, 2015).
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Final Results of the Review
As a result of this review, we determine that the following
weighted-average dumping margins exist for the period November 1, 2012,
through October 31, 2013:
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping margin
(percent)
------------------------------------------------------------------------
Husteel Co., Ltd........................................ 1.05
Hyundai HYSCO........................................... 0.80
------------------------------------------------------------------------
Disclosure
We will disclose the calculations used in our analysis to parties
to these proceedings within five days of the date of publication of
this notice pursuant to 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(A) and (C) of the Act, and 19 CFR
351.212(b)(1), the Department has determined, and U.S. Customs and
Border Protection (CBP) shall assess, antidumping duties on all
appropriate entries of subject merchandise in accordance with the final
results of this review. The Department intends to issue assessment
instructions to CBP 15 days after the date of publication of these
final results of review.
For assessment purposes, 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 period of review (POR). Accordingly, for each
respondent, we calculated importer-specific ad valorem antidumping duty
assessment rates 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 same sales in accordance with 19 CFR
351.212(b)(1). Where an importer-specific assessment rate is zero or de
minimis (i.e., less than 0.5 percent), we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties
in accordance with 19 CFR 351.106(c)(2).
For entries of subject merchandise during the POR produced by
Husteel and HYSCO for which they did not
[[Page 32939]]
know were destined for the United States, we will instruct CBP to
liquidate unreviewed entries at the all-others rate if there is no rate
for the intermediate company or companies 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).
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the notice of final results of administrative review for
all shipments of subject merchandise entered or withdrawn from
warehouse, for consumption, on or after the date of publication as
provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate
for Husteel and HYSCO will be equal to the respective weighted-average
dumping margin established in the final results of this 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 recently completed segment of this proceeding in which
that manufacturer or exporter participated; (3) if the exporter is not
a firm covered in this review, a prior review, or the original
investigation but the manufacturer is, the cash deposit rate will be
the rate established for the most recently completed segment of this
proceeding for the manufacturer of subject merchandise; and (4) the
cash deposit rate for all other manufacturers or exporters will
continue to be 4.80 percent, the ``all others'' rate established
pursuant to a court decision.\9\ These cash deposit requirements, when
imposed, shall remain in effect until further notice.
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\9\ See Circular Welded Non-Alloy Steel Pipe From Korea: Notice
of Final Court Decision and Amended Final Determination, 60 FR 55833
(November 3, 1995).
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Notification to Importers Regarding the Reimbursement of Duties
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
Notification Regarding Administrative Protective Order
This notice also serves as a 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), which continues to govern
business proprietary information in this segment of the proceeding.
Timely written notification of the return or destruction of APO
materials, or conversion to judicial protective order, is hereby
requested. Failure to comply with the regulations and the terms of an
APO is a sanctionable violation.
Notification to Interested Parties
These final results of administrative review are issued and
published in accordance with sections 751(a)(1) and 777(i)(1) of the
Act.
Dated: June 3, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
List of Issues Discussed in the Issues and Decision Memorandum
Comment 1: Differential Pricing Analysis Should Not Be Used Because
the Cohen's d Test Does Not Measure Targeted or Masked Dumping
Comment 2: Differential Pricing Analysis Reasoning for Use of
Average-to-Transaction Comparison Methodology is Arbitrary and
Unlawful
Comment 3: Differential Pricing Analysis is Not Permitted to be Used
in Administrative Reviews
Comment 4: Defining the Universe of Sales
Comment 5: Narrative Description of Calculation Methodology
Contained An Error
Comment 6: The Department Changed Its Practice Regarding Treatment
of HYSCO's Costs Without Giving Prior Notice
Comment 7: The Department Should Use GNA_I In Its Margin Calculation
and Should Adjust HYSCO's Reported Costs
Comment 8: HYSCO's Reported Costs and Control Number (CONNUM)
Characteristics Are Consistent with the Department's Reporting
Requirements and Should Not Be Reallocated
Comment 9: The Petitioner's Analysis of HYSCO's Cost Reporting Does
Not Support Revision To Costs and a Complete Reallocation of HYSCO's
Cost is Unwarranted
Comment 10: Cost Adjustments Eliminate Cost Differences Associated
with Product Characteristics and Reallocating Total Material Costs
Rather Than Only Hot-Coil Costs Is An Error
Comment 11: The Department Should Adjust for Certain of HYSCO's
Affiliated Hot-Rolled Coil Purchases
Comment 12: The Department Should Adjust HYSCO's G&A Ratio
Comment 13: Grade Coding Adjustments Contained Clerical Errors
Comment 14: Draft Assessment Instructions Contained Errors
Comment 15: Application of Total Adverse Facts Available is
Warranted Due to HYSCO's Repeated Failure to Provide Necessary
Information for Affiliated Hot-Rolled Coil Purchases
[FR Doc. 2015-14214 Filed 6-9-15; 8:45 am]
BILLING CODE 3510-DS-P
