Welded Line Pipe From the Republic of Korea: Final Determination of Sales at Less Than Fair Value, 61366-61368 [2015-25980]
Download as PDF
<![CDATA[
61366
Federal Register / Vol. 80, No. 197 / Tuesday, October 13, 2015 / Notices
with 19 CFR 351.305(a)(3). 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 determination is issued and
published pursuant to sections 705(d)
and 777(i) of the Act.
Dated: October 5, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by this
investigation is circular welded carbon and
alloy steel (other than stainless steel) pipe of
a kind used for oil or gas pipelines (welded
line pipe), not more than 24 inches in
nominal outside diameter, regardless of wall
thickness, length, surface finish, end finish,
or stenciling. Welded line pipe is normally
produced to the American Petroleum
Institute (API) specification 5L, but can be
produced to comparable foreign
specifications, to proprietary grades, or can
be non-graded material. All pipe meeting the
physical description set forth above,
including multiple-stenciled pipe with an
API or comparable foreign specification line
pipe stencil is covered by the scope of this
investigation.
The welded line pipe that is subject to this
investigation is currently classifiable in the
Harmonized Tariff Schedule of the United
States (HTSUS) under subheadings
7305.11.1030, 7305.11.5000, 7305.12.1030,
7305.12.5000, 7305.19.1030, 7305.19.5000,
7306.19.1010, 7306.19.1050, 7306.19.5110,
and 7306.19.5150. The subject merchandise
may also enter in HTSUS 7305.11.1060 and
7305.12.1060. While the HTSUS subheadings
are provided for convenience and customs
purposes, the written description of the
scope of this investigation is dispositive.
Appendix II
mstockstill on DSK4VPTVN1PROD with NOTICES
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Use of Facts Otherwise Available
V. Subsidies Valuation
VI. Analysis of Programs
VII. Analysis of Comments
1. Electricity for Less Than Adequate
Remuneration (LTAR)
2. Unreported Subsidies
3. Specificity of RSTA Tax Programs
4. Special Rural Development Tax
5. Husteel as a Mandatory or Voluntary
Respondent
VIII. Recommendation
[FR Doc. 2015–25967 Filed 10–9–15; 8:45 a.m.]
BILLING CODE 3510–DS–P
VerDate Sep<11>2014
21:23 Oct 09, 2015
Jkt 238001
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–876]
Welded Line Pipe From the Republic of
Korea: Final Determination of Sales at
Less Than Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) determines that
welded line pipe from the Republic of
Korea (Korea) is being, or is likely to be,
sold in the United States at less than fair
value (LTFV), as provided in section
733(b) of the Tariff Act of 1930, as
amended (the Act). The period of
investigation (POI) is October 1, 2013,
through September 30, 2014. The final
dumping margins of sales at LTFV are
listed below in the ‘‘Final
Determination’’ section of this notice.
DATES: Effective Date: October 13, 2015.
FOR FURTHER INFORMATION CONTACT:
David Goldberger or Ross Belliveau,
AD/CVD Operations, Office II,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Ave. NW., Washington, DC
20230; telephone: (202) 482–4136 or
(202) 482–4952, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On May 22, 2015, the Department
published the Preliminary
Determination of sales at LTFV of
welded line pipe from Korea.1 For a
history of events following the
publication of the Preliminary
Determination, see the Issues and
Decision Memorandum,2 which is
hereby adopted by this notice. 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 it is
available to all parties in the Central
Records Unit, room B8024 of the main
Department of Commerce building. In
1 See Welded Line Pipe From the Republic of
Korea: Preliminary Determination of Sales at Less
Than Fair Value and Postponement of Final
Determination, 80 FR 29620 (May 22, 2015)
(Preliminary Determination).
2 See Memorandum entitled ‘‘Issues and Decision
Memorandum for the Final Affirmative
Determination in the Less-Than-Fair-Value
Investigation of Welded Line Pipe from the
Republic of Korea,’’ dated concurrently with this
notice (Issues and Decision Memorandum).
PO 00000
Frm 00033
Fmt 4703
Sfmt 4703
addition, a complete version of the
Issues and Decision Memorandum can
be accessed directly at https://
enforcement.trade.gov/frn/.
The signed Issues and Decision
Memorandum and electronic version of
the Issues and Decision Memorandum
are identical in content.
Scope of the Investigation
The scope of the investigation covers
welded line pipe, which is carbon and
alloy steel pipe of a kind used for oil
and gas pipelines, not more than 24
inches in nominal outside diameter. For
a complete description of the scope of
the investigation, see Appendix I.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties in this
investigation are addressed in the Issues
and Decision Memorandum,3 which is
hereby adopted by this notice. A list of
the issues raised is attached to this
notice as Appendix II.
Verification
As provided in section 782(i) of the
Act, during the period June through
August 2015, we verified the sales and
cost information submitted by HYSCO
and SeAH for use in our final
determination. We used standard
verification procedures, including an
examination of relevant accounting and
production records, and original source
documents provided by HYSCO and
SeAH.4
Changes Since the Preliminary
Determination
Based on our analysis of the
comments received and our findings at
verification, we made certain changes to
the margin calculations for HYSCO and
SeAH. For a discussion of these
changes, see the ‘‘Margin Calculations’’
section of the Issues and Decision
Memorandum.
All-Others Rate
Section 735(c)(5)(A) of the Act
provides that the estimated all-others
rate shall be an amount equal to the
weighted-average of the estimated
weighted-average dumping margins
3 See
Id.
Memoranda to the File entitled
‘‘Verification of the Cost Response of SeAH Steel
Corporation in the Antidumping Duty Investigation
of Welded Line Pipe from Korea,’’ and ‘‘Verification
of the Cost Response of Hyundai HYSCO Co. Ltd.
in the Antidumping Duty Investigation of Welded
Line Pipe from South Korea,’’ dated July 31, 2015;
Memorandum to the File entitled ‘‘Verification of
the Sales Responses of Hyundai HYSCO (HYSCO),’’
dated August 18, 2015; and Memorandum to the
File entitled ‘‘Verification of the Sales Responses of
SeAH Steel Corporation (SeAH) and Pusan Pipe
America (PPA),’’ dated August 24, 2015.
4 See
E:\FR\FM\13OCN1.SGM
13OCN1
Federal Register / Vol. 80, No. 197 / Tuesday, October 13, 2015 / Notices
mstockstill on DSK4VPTVN1PROD with NOTICES
established for exporters and producers
individually investigated excluding any
zero or de minimis margins, and
margins determined entirely under
section 776 of the Act. In this
investigation, we calculated weightedaverage dumping margins for both
mandatory respondents that are above
de minimis and which are not based on
section 776 of the Act. However,
because there are only two relevant
weighted-average dumping margins for
this final determination, using a
weighted-average of these two rates
risks disclosure of business proprietary
data. Therefore, the Department
assigned a margin to the all-others rate
companies based on the simple average
of the two mandatory respondents’
rates.5
determined in this final determination
adjusted, as appropriate, for export
subsidies found in the final
determination of the companion
countervailing duty investigation; 7 (2) if
the exporter is not a mandatory
respondent identified in this
investigation, but the producer is, the
cash deposit rate will be the rate
established for the producer of the
subject merchandise; and (3) the cash
deposit rates for all other producers or
exporters will be 4.36 percent. The
suspension of liquidation instructions
will remain in effect until further notice.
ITC Notification
In accordance with section 735(d) of
the Act, we will notify the ITC of the
final affirmative determination of sales
at LTFV. Because the final
Final Determination
determination in this proceeding is
The final weighted-average dumping
affirmative, in accordance with section
margins are as follows:
735(b)(2) of the Act, the ITC will make
its final determination as to whether the
Weighted
domestic industry in the United States
Average
is materially injured, or threatened with
Exporter/Manufacturer
dumping
material injury, by reason of imports of
margin
welded line pipe from Korea no later
(percent)
than 45 days after our final
6 .......................
Hyundai HYSCO
6.19 determination. If the ITC determines
SeAH Steel Corporation .............
2.53 that material injury or threat of material
All-Others ....................................
4.36
injury does not exist, the proceeding
will be terminated and all cash deposits
Disclosure
will be refunded. If the ITC determines
We will disclose the calculations
that such injury does exist, the
performed within five days of the date
Department will issue an antidumping
of any public announcement of this
duty order directing CBP to assess, upon
notice to parties in this proceeding in
further instruction by the Department,
accordance with 19 CFR 351.224(b).
antidumping duties on all imports of the
subject merchandise entered, or
Continuation of Suspension of
withdrawn from warehouse, for
Liquidation
consumption on or after the effective
In accordance with section
date of the suspension of liquidation.
735(c)(1)(B) of the Act, the Department
Notification Regarding Administrative
will instruct U.S. Customs and Border
Protection (CBP) to continue to suspend Protective Orders (APO)
liquidation of all appropriate entries of
This notice serves as a reminder to
welded line pipe from Korea, as
parties subject to APO of their
described in Appendix I of this notice,
responsibility concerning the
which were entered, or withdrawn from disposition of proprietary information
warehouse, for consumption on or after
disclosed under APO in accordance
May 22, 2015, the date of publication of with 19 CFR 351.305(a)(3). Timely
the preliminary determination of this
notification of the return or destruction
investigation in the Federal Register.
of APO materials, or conversion to
Further, the Department will instruct
judicial protective order, is hereby
CBP to require a cash deposit equal to
requested. Failure to comply with the
the amount by which normal value
regulations and the terms of an APO is
exceeds U.S. price as follows: (1) For the a sanctionable violation.
mandatory respondents listed above, the
This determination and this notice are
cash deposit rate will be equal to the
issued and published pursuant to
dumping margin which the Department sections 735(d) and 777(i)(1) of the Act.
5 See Memorandum to the File entitled
‘‘Calculation of the All-Others Rate for the Final
Determination in the Antidumping Duty
Investigation of Welded Line Pipe from the
Republic of Korea,’’ dated concurrently with this
memorandum.
6 See discussion in footnote 2 above.
VerDate Sep<11>2014
21:23 Oct 09, 2015
Jkt 238001
7 In this case, although the product under
investigation is also subject to a countervailing duty
investigation, the Department found no
countervailing duty determined to constitute an
export subsidy. Therefore, we did not offset the
cash deposit rates shown above for purposes of this
determination.
PO 00000
Frm 00034
Fmt 4703
Sfmt 4703
61367
Dated; October 5, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by this
investigation is circular welded carbon and
alloy steel (other than stainless steel) pipe of
a kind used for oil or gas pipelines (welded
line pipe), not more than 24 inches in
nominal outside diameter, regardless of wall
thickness, length, surface finish, end finish,
or stenciling. Welded line pipe is normally
produced to the American Petroleum
Institute (API) specification 5L, but can be
produced to comparable foreign
specifications, to proprietary grades, or can
be non-graded material. All pipe meeting the
physical description set forth above,
including multiple-stenciled pipe with an
API or comparable foreign specification line
pipe stencil is covered by the scope of this
investigation.
The welded line pipe that is subject to this
investigation is currently classifiable in the
Harmonized Tariff Schedule of the United
States (HTSUS) under subheadings
7305.11.1030, 7305.11.5000, 7305.12.1030,
7305.12.5000, 7305.19.1030, 7305.19.5000,
7306.19.1010, 7306.19.1050, 7306.19.5110,
and 7306.19.5150. The subject merchandise
may also enter in HTSUS 7305.11.1060 and
7305.12.1060. While the HTSUS subheadings
are provided for convenience and customs
purposes, the written description of the
scope of this investigation is dispositive.
Appendix II
List of Topics Discussed in the Issues and
Decision Memorandum
General Comments
1. Differential Pricing Analysis
2. Other Issues Related to Differential Pricing
Analysis
3. Selection of Additional Mandatory/
Voluntary Respondents
4. Consolidation of Grade Codes
5. Reasonableness of the Reported Costs
Company-Specific Comments
HYSCO
6. HYSCO’s Classification of Certain ‘‘Local
Sales’’ as Home Market Sales
7. Sales of Non-Prime Merchandise
8. Revision of Certain Home Market
Shipment and Sales Dates
9. Allocation of Full Costs to the Production
of Non-Prime Products
10. Alleged Errors Relating to the Major Input
Analysis
11. Revision of G&A Expenses
12. Financial Expense Ratio
13. Constructed Value Profit
14. Affiliated Processors’ Cost Data and
Adjustments to the Toll Processing Costs
15. Adjustment to Steel Costs to Reflect Yield
Loss
16. Unreconciled Cost Difference
17. Adjustment for Certain Fees Paid to
Affiliates
SeAH
18. Domestic Inland Freight
E:\FR\FM\13OCN1.SGM
13OCN1
61368
Federal Register / Vol. 80, No. 197 / Tuesday, October 13, 2015 / Notices
19. U.S. Credit Expenses
20. U.S. Indirect Selling Expenses
21. Affiliated Party Purchases
22. G&A Expenses
23. Production Costs of the Pohang Plant
24. Financial Expenses
Scope of the Order
The merchandise subject to the
Order 2 is OBAs and is currently
classifiable under subheadings
3204.20.8000, 2933.69.6050,
2921.59.4000 and 2921.59.8090 of the
Harmonized Tariff Schedule of the
United States (HTSUS). While the
HTSUS numbers are provided for
convenience and customs purposes, the
written product description remains
dispositive.3
[FR Doc. 2015–25980 Filed 10–9–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–848]
Certain Stilbenic Optical Brightening
Agents From Taiwan: Final Results of
Antidumping Duty Administrative
Review; 2013–2014
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On June 5, 2015, the
Department of Commerce (the
Department) published the preliminary
results of the administrative review of
the antidumping duty order on certain
stilbenic optical brightening agents
(OBAs) from Taiwan.1 The period of
review (POR) is May 1, 2013, through
April 30, 2014. The review covers one
producer/exporter of the subject
merchandise, Teh Fong Ming
International Co., Ltd. (TFM). For the
final results, we find that TFM has not
sold subject merchandise at less than
normal value.
AGENCY:
DATES:
Effective Date: October 13, 2015.
FOR FURTHER INFORMATION CONTACT:
Catherine Cartsos or Minoo Hatten, 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) 482–1757, and (202)
482–1690, respectively.
mstockstill on DSK4VPTVN1PROD with NOTICES
Background
On June 5, 2015, the Department
published the Preliminary Results of
this review in the Federal Register. We
invited parties to comment on the
Preliminary Results. On July 20, 2015,
TFM submitted a case brief. No other
party submitted case or rebuttal briefs.
No party requested a hearing. The
Department conducted this review in
accordance with section 751(a)(2) of the
Tariff Act of 1930, as amended (the Act).
1 See Certain Stilbenic Optical Brightening Agents
From Taiwan: Preliminary Results of Antidumping
Duty Administrative Review; 2013–2104, 80 FR
32085 (June 5, 2015) (Preliminary Results).
21:23 Oct 09, 2015
Jkt 238001
Changes Since the Preliminary Results
Based on our analysis of the
comments received, we made certain
changes to the Preliminary Results. For
a discussion of these changes, see Issues
and Decision Memorandum.
Final Results of Review
As a result of this review, we
determine that a weighted-average
dumping margin of 0.00 percent exists
for TFM for the period May 1, 2013,
through April 30, 2014.
Assessment
In accordance with 19 CFR 351.212
and the Final Modification,4 the
SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014
Analysis of the Comments Received
All issues raised in the case brief
submitted in this review are addressed
in the Issues and Decision
Memorandum, which is hereby adopted
with this notice. A list of the issues
raised is attached as an Appendix to this
notice. 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 it is
available to all parties in the Central
Records Unit, Room B8024 of the main
Department of Commerce building. In
addition, a complete version of the
Issues and Decision Memorandum can
be accessed directly at https://
enforcement.trade.gov/frn/.
2 See
Certain Stilbenic Optical Brightening Agents
From Taiwan: Amended Final Determination of
Sales at Less Than Fair Value and Antidumping
Duty Order, 77 FR 27419 (May 10, 2012) (Order).
3 A full description of the scope of the Order is
contained in the memorandum to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, ‘‘Certain Stilbenic
Optical Brightening Agents from Taiwan: Issues and
Decision Memorandum for Final Results of
Antidumping Duty Administrative Review; 2013–
2014’’ dated concurrently with and hereby adopted
by this notice (Issues and Decision Memorandum).
4 See Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty
PO 00000
Frm 00035
Fmt 4703
Sfmt 4703
Department will instruct U.S. Customs
and Border Protection (CBP) to liquidate
all appropriate entries for TFM without
regard to antidumping duties.
Consistent with the Department’s
assessment practice, for entries of
subject merchandise during the POR
produced by TFM for which it did not
know that the merchandise was
destined for the United States, we will
instruct CBP to liquidate un-reviewed
entries at the all-others rate if there is no
rate for the intermediate company(ies)
involved in the transaction.5
We intend to issue instructions to
CBP 15 days after publication of the
final results of this review.
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 OBAs from Taiwan
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 TFM will be 0.00 percent, the
weighted average dumping margin
established in the final results of this
administrative review; (2) for other
manufacturers and exporters 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; (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 6.19
percent, the all-others rate established
in the less than fair value investigation.6
These cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this review period. Failure to
comply with this requirement could
result in the Secretary’s presumption
Proceedings; Final Modification, 77 FR 8101, 8102
(February 14, 2012) (Final Modification).
5 For a full discussion, see Antidumping and
Countervailing Duty Proceedings: Assessment of
Antidumping Duties, 68 FR 23954 (May 6, 2003).
6 The all-others rate established in the Order.
E:\FR\FM\13OCN1.SGM
13OCN1
]]>Agencies
[Federal Register Volume 80, Number 197 (Tuesday, October 13, 2015)]
[Notices]
[Pages 61366-61368]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25980]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-876]
Welded Line Pipe From the Republic of Korea: Final Determination
of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) determines that
welded line pipe from the Republic of Korea (Korea) is being, or is
likely to be, sold in the United States at less than fair value (LTFV),
as provided in section 733(b) of the Tariff Act of 1930, as amended
(the Act). The period of investigation (POI) is October 1, 2013,
through September 30, 2014. The final dumping margins of sales at LTFV
are listed below in the ``Final Determination'' section of this notice.
DATES: Effective Date: October 13, 2015.
FOR FURTHER INFORMATION CONTACT: David Goldberger or Ross Belliveau,
AD/CVD Operations, Office II, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Ave. NW., Washington, DC 20230; telephone: (202) 482-4136 or (202) 482-
4952, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 22, 2015, the Department published the Preliminary
Determination of sales at LTFV of welded line pipe from Korea.\1\ For a
history of events following the publication of the Preliminary
Determination, see the Issues and Decision Memorandum,\2\ which is
hereby adopted by this notice. 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 it is available to all parties in the
Central Records Unit, room B8024 of the main Department of Commerce
building. In addition, a complete version of the Issues and Decision
Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and
electronic version of the Issues and Decision Memorandum are identical
in content.
---------------------------------------------------------------------------
\1\ See Welded Line Pipe From the Republic of Korea: Preliminary
Determination of Sales at Less Than Fair Value and Postponement of
Final Determination, 80 FR 29620 (May 22, 2015) (Preliminary
Determination).
\2\ See Memorandum entitled ``Issues and Decision Memorandum for
the Final Affirmative Determination in the Less-Than-Fair-Value
Investigation of Welded Line Pipe from the Republic of Korea,''
dated concurrently with this notice (Issues and Decision
Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The scope of the investigation covers welded line pipe, which is
carbon and alloy steel pipe of a kind used for oil and gas pipelines,
not more than 24 inches in nominal outside diameter. For a complete
description of the scope of the investigation, see Appendix I.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties in
this investigation are addressed in the Issues and Decision
Memorandum,\3\ which is hereby adopted by this notice. A list of the
issues raised is attached to this notice as Appendix II.
---------------------------------------------------------------------------
\3\ See Id.
---------------------------------------------------------------------------
Verification
As provided in section 782(i) of the Act, during the period June
through August 2015, we verified the sales and cost information
submitted by HYSCO and SeAH for use in our final determination. We used
standard verification procedures, including an examination of relevant
accounting and production records, and original source documents
provided by HYSCO and SeAH.\4\
---------------------------------------------------------------------------
\4\ See Memoranda to the File entitled ``Verification of the
Cost Response of SeAH Steel Corporation in the Antidumping Duty
Investigation of Welded Line Pipe from Korea,'' and ``Verification
of the Cost Response of Hyundai HYSCO Co. Ltd. in the Antidumping
Duty Investigation of Welded Line Pipe from South Korea,'' dated
July 31, 2015; Memorandum to the File entitled ``Verification of the
Sales Responses of Hyundai HYSCO (HYSCO),'' dated August 18, 2015;
and Memorandum to the File entitled ``Verification of the Sales
Responses of SeAH Steel Corporation (SeAH) and Pusan Pipe America
(PPA),'' dated August 24, 2015.
---------------------------------------------------------------------------
Changes Since the Preliminary Determination
Based on our analysis of the comments received and our findings at
verification, we made certain changes to the margin calculations for
HYSCO and SeAH. For a discussion of these changes, see the ``Margin
Calculations'' section of the Issues and Decision Memorandum.
All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated all-
others rate shall be an amount equal to the weighted-average of the
estimated weighted-average dumping margins
[[Page 61367]]
established for exporters and producers individually investigated
excluding any zero or de minimis margins, and margins determined
entirely under section 776 of the Act. In this investigation, we
calculated weighted-average dumping margins for both mandatory
respondents that are above de minimis and which are not based on
section 776 of the Act. However, because there are only two relevant
weighted-average dumping margins for this final determination, using a
weighted-average of these two rates risks disclosure of business
proprietary data. Therefore, the Department assigned a margin to the
all-others rate companies based on the simple average of the two
mandatory respondents' rates.\5\
---------------------------------------------------------------------------
\5\ See Memorandum to the File entitled ``Calculation of the
All-Others Rate for the Final Determination in the Antidumping Duty
Investigation of Welded Line Pipe from the Republic of Korea,''
dated concurrently with this memorandum.
---------------------------------------------------------------------------
Final Determination
The final weighted-average dumping margins are as follows:
------------------------------------------------------------------------
Weighted
Average
Exporter/Manufacturer dumping
margin
(percent)
------------------------------------------------------------------------
Hyundai HYSCO\6\............................................ 6.19
SeAH Steel Corporation...................................... 2.53
All-Others.................................................. 4.36
------------------------------------------------------------------------
Disclosure
We will disclose the calculations performed within five days of the
date of any public announcement of this notice to parties in this
proceeding in accordance with 19 CFR 351.224(b).
---------------------------------------------------------------------------
\6\ See discussion in footnote 2 above.
---------------------------------------------------------------------------
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, the Department
will instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all appropriate entries of welded line pipe from
Korea, as described in Appendix I of this notice, which were entered,
or withdrawn from warehouse, for consumption on or after May 22, 2015,
the date of publication of the preliminary determination of this
investigation in the Federal Register.
Further, the Department will instruct CBP to require a cash deposit
equal to the amount by which normal value exceeds U.S. price as
follows: (1) For the mandatory respondents listed above, the cash
deposit rate will be equal to the dumping margin which the Department
determined in this final determination adjusted, as appropriate, for
export subsidies found in the final determination of the companion
countervailing duty investigation; \7\ (2) if the exporter is not a
mandatory respondent identified in this investigation, but the producer
is, the cash deposit rate will be the rate established for the producer
of the subject merchandise; and (3) the cash deposit rates for all
other producers or exporters will be 4.36 percent. The suspension of
liquidation instructions will remain in effect until further notice.
---------------------------------------------------------------------------
\7\ In this case, although the product under investigation is
also subject to a countervailing duty investigation, the Department
found no countervailing duty determined to constitute an export
subsidy. Therefore, we did not offset the cash deposit rates shown
above for purposes of this determination.
---------------------------------------------------------------------------
ITC Notification
In accordance with section 735(d) of the Act, we will notify the
ITC of the final affirmative determination of sales at LTFV. Because
the final determination in this proceeding is affirmative, in
accordance with section 735(b)(2) of the Act, the ITC will make its
final determination as to whether the domestic industry in the United
States is materially injured, or threatened with material injury, by
reason of imports of welded line pipe from Korea no later than 45 days
after our final determination. If the ITC determines that material
injury or threat of material injury does not exist, the proceeding will
be terminated and all cash deposits will be refunded. If the ITC
determines that such injury does exist, the Department will issue an
antidumping duty order directing CBP to assess, upon further
instruction by the Department, antidumping duties on all imports of the
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation.
Notification Regarding Administrative Protective Orders (APO)
This notice serves as a reminder to parties subject to APO of their
responsibility concerning the disposition of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely
notification of the return or destruction of APO materials, or
conversion to judicial protective order, is hereby requested. Failure
to comply with the regulations and the terms of an APO is a
sanctionable violation.
This determination and this notice are issued and published
pursuant to sections 735(d) and 777(i)(1) of the Act.
Dated; October 5, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by this investigation is circular welded
carbon and alloy steel (other than stainless steel) pipe of a kind
used for oil or gas pipelines (welded line pipe), not more than 24
inches in nominal outside diameter, regardless of wall thickness,
length, surface finish, end finish, or stenciling. Welded line pipe
is normally produced to the American Petroleum Institute (API)
specification 5L, but can be produced to comparable foreign
specifications, to proprietary grades, or can be non-graded
material. All pipe meeting the physical description set forth above,
including multiple-stenciled pipe with an API or comparable foreign
specification line pipe stencil is covered by the scope of this
investigation.
The welded line pipe that is subject to this investigation is
currently classifiable in the Harmonized Tariff Schedule of the
United States (HTSUS) under subheadings 7305.11.1030, 7305.11.5000,
7305.12.1030, 7305.12.5000, 7305.19.1030, 7305.19.5000,
7306.19.1010, 7306.19.1050, 7306.19.5110, and 7306.19.5150. The
subject merchandise may also enter in HTSUS 7305.11.1060 and
7305.12.1060. While the HTSUS subheadings are provided for
convenience and customs purposes, the written description of the
scope of this investigation is dispositive.
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
General Comments
1. Differential Pricing Analysis
2. Other Issues Related to Differential Pricing Analysis
3. Selection of Additional Mandatory/Voluntary Respondents
4. Consolidation of Grade Codes
5. Reasonableness of the Reported Costs
Company-Specific Comments
HYSCO
6. HYSCO's Classification of Certain ``Local Sales'' as Home Market
Sales
7. Sales of Non-Prime Merchandise
8. Revision of Certain Home Market Shipment and Sales Dates
9. Allocation of Full Costs to the Production of Non-Prime Products
10. Alleged Errors Relating to the Major Input Analysis
11. Revision of G&A Expenses
12. Financial Expense Ratio
13. Constructed Value Profit
14. Affiliated Processors' Cost Data and Adjustments to the Toll
Processing Costs
15. Adjustment to Steel Costs to Reflect Yield Loss
16. Unreconciled Cost Difference
17. Adjustment for Certain Fees Paid to Affiliates
SeAH
18. Domestic Inland Freight
[[Page 61368]]
19. U.S. Credit Expenses
20. U.S. Indirect Selling Expenses
21. Affiliated Party Purchases
22. G&A Expenses
23. Production Costs of the Pohang Plant
24. Financial Expenses
[FR Doc. 2015-25980 Filed 10-9-15; 8:45 am]
BILLING CODE 3510-DS-P
