Welded ASTM A-312 Stainless Steel Pipe From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2013-2014, 742-744 [2016-00078]
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742
Federal Register / Vol. 81, No. 4 / Thursday, January 7, 2016 / Notices
(‘‘PRC’’) 1 would be likely to lead to
continuation or recurrence of dumping
at the levels indicated in the ‘‘Final
Results of Review’’ section of this
notice.
DATES: Effective Date: January 7, 2016.
FOR FURTHER INFORMATION CONTACT: Paul
Walker, AD/CVD Operations,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–0413.
SUPPLEMENTARY INFORMATION:
Background
The Department published the
antidumping duty order on potassium
permanganate from the PRC on January
31, 1984.2 On September 1, 2015, the
Department published a notice of
initiation of the fourth sunset review of
the antidumping duty order on
potassium permanganate from the PRC
pursuant to section 751(c) of the Tariff
Act of 1930, as amended (the ‘‘Act’’).3
On September 9, 2015, Carus
Corporation (‘‘Carus’’), a U.S. producer
of potassium permanganate, claiming
interested party status under section
771(9)(C) of the Act, submitted its notice
of intent to participate in this sunset
review.4 On September 29, 2015, Carus
submitted its Substantive Response
within the 30-day deadline specified in
19 CFR 351.218(d)(3)(i). The
Department did not receive a
substantive response from any
respondent interested party. As a result,
pursuant to section 751(c)(3)(B) of the
Act, and 19 CFR 351.218(e)(1)(ii)(C)(2),
the Department conducted an expedited
(120-day) sunset review of the
antidumping duty order on potassium
permanganate from the PRC.
rmajette on DSK2TPTVN1PROD with NOTICES
Scope of the Order
Imports covered by this order are
shipments of potassium permanganate,
an inorganic chemical produced in freeflowing, technical, and pharmaceutical
grades. Potassium permanganate is
currently classifiable under item
2841.61.00 of the Harmonized Tariff
Schedule of the United States
(‘‘HTSUS’’). Although the HTSUS item
number is provided for convenience and
customs purposes, the written
description of the merchandise remains
dispositive.
1 See
Antidumping Duty Order; Potassium
Permanganate from The People’s Republic of
China, 49 FR 3897 (January 31, 1984).
2 Id.
3 See Initiation of Five-Year (‘‘Sunset’’) Review, 80
FR 52743 (September 1, 2015).
4 See Letter from the domestic interested party
(September 9, 2015).
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18:22 Jan 06, 2016
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Analysis of Comments Received
A complete discussion of all issues
raised in this sunset review is available
in the Issues and Decision
Memorandum for the Expedited Fourth
Sunset Review of the Antidumping Duty
Order on Potassium Permanganate from
the PRC (‘‘Decision Memorandum’’),
dated concurrently with this notice. The
issues discussed in the Decision
Memorandum include the likelihood of
continuation or recurrence of dumping
and the magnitude of the margins of
dumping likely to prevail if the order
were to be revoked. The Decision
Memorandum is a public document and
is on file electronically via the
Enforcement and Compliance
Antidumping and Countervailing Duty
Centralized Electronic Services System
(‘‘ACCESS’’). ACCESS is available to
registered users at https://
access.trade.gov and to all parties in the
Central Records Unit, Room B8024 of
the main Department of Commerce
building. In addition, a complete
version of the Decision Memorandum
can be accessed at https://
enforcement.trade.gov/frn/. The signed
Decision Memorandum and the
electronic version of the Decision
Memorandum are identical in content.
Final Results of Review
Pursuant to sections 751(c)(1) and
752(c)(1) and (3) of the Act, the
Department determines that revocation
of the antidumping duty order on
potassium permanganate from the PRC
would be likely to lead to continuation
or recurrence of dumping, and the
magnitude of the margins of dumping
likely to prevail is up to 128.94
percent.5
Administrative Protective Order
This notice also serves as the only
reminder to parties subject to
administrative protective order (‘‘APO’’)
of their responsibility concerning the
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305.
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 terms of an
5 See Final Results of Expedited Sunset Review:
Potassium Permanganate from the People’s
Republic of China; 64 FR 16907 (April 7, 1999); see
also Potassium Permanganate from the People’s
Republic of China; Five-year (‘‘Sunset’’) Review of
Antidumping Duty Order; Final Results, 70 FR
24520 (May 10, 2005); see also Potassium
Permanganate from the People’s Republic of China:
Final Results of Expedited Sunset Review of
Antidumping Duty Order, 75 FR 52509 (August 26,
2010).
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Fmt 4703
Sfmt 4703
APO is a violation which is subject to
sanction.
Notification to Interested Parties
We are issuing and publishing the
results and notice in accordance with
sections 751(c), 752(c), and 777(i)(1) of
the Act and 19 CFR 351.218.
Dated: December 30, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2016–00079 Filed 1–6–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–810]
Welded ASTM A–312 Stainless Steel
Pipe From the Republic of Korea:
Preliminary Results of Antidumping
Duty Administrative Review; 2013–
2014
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to requests from
Petitioners and SeAH Steel Corporation
(SeAH), the Department of Commerce
(Department) is conducting an
administrative review of the
antidumping duty order on welded
ASTM A–312 stainless steel pipe from
Republic of Korea (Korea).1 The period
of review (POR) is December 1, 2013,
through November 30, 2014. The review
covers two exporters and/or producers
of the subject merchandise, SeAH and
LS Metal Co., Ltd. (LS Metal). The
Department preliminarily finds that
SeAH and LS Metal sold subject
merchandise at less than normal value
during the POR. We invite interested
parties to comment on these preliminary
results.
DATES: Effective Date: January 7, 2016.
FOR FURTHER INFORMATION CONTACT:
Lingjun Wang, AD/CVD Operations,
Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–2316.
SUPPLEMENTARY INFORMATION:
AGENCY:
Scope of the Order
The merchandise subject to the
antidumping duty order is welded
austenitic stainless steel pipe that meets
1 Petitioners are Bristol Metals LLC, Felker
Brothers Corporation, and Outokumpu Stainless
Pipe, Inc.
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Federal Register / Vol. 81, No. 4 / Thursday, January 7, 2016 / Notices
the standards and specifications set
forth by the American Society for
Testing and Materials (ASTM) for the
welded form of chromium-nickel pipe
designated ASTM A–312. The
merchandise covered by the scope of the
orders also includes austenitic welded
stainless steel pipes made according to
the standards of other nations which are
comparable to ASTM A–312.
Imports of welded ASTM A–312
stainless steel pipe are currently
classifiable under the following
Harmonized Tariff Schedule of the
United States (HTSUS) subheadings:
7306.40.5005, 7306.40.5015,
7306.40.5040, 7306.40.5062,
7306.40.5064, and 7306.40.5085.
Although these subheadings include
both pipes and tubes, the scope of the
antidumping duty order is limited to
welded austenitic stainless steel pipes.
The HTSUS subheadings are provided
for convenience and customs purposes.
However, the written description of the
scope of the orders is dispositive.2
rmajette on DSK2TPTVN1PROD with NOTICES
Methodology
The Department is conducting 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. With respect to LS Metal,
we relied on facts available,3 and,
because it did not act to the best of its
ability to respond to the Department’s
requests for information, we drew an
adverse inference in selecting from
among the facts otherwise available.4
For a full description of the
methodology underlying these
preliminary results, see the Preliminary
Decision Memorandum, which is hereby
adopted by this notice. A list of the
topics discussed in the Preliminary
Decision Memorandum is attached as an
appendix to this notice. 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). ACCESS is available to
registered users at https://
access.trade.gov, and is available to all
parties in the Central Records Unit,
Room B8024 of the Department’s main
2 See Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative
Review: Welded ASTM A–312 Stainless Steel Pipe
from the Republic of Korea; 2013–2014, dated
concurrently with this notice for a full description
of the scope of the order (Preliminary Decision
Memorandum).
3 See section 776(a) of the Act.
4 See section 776(b) of the Act.
VerDate Sep<11>2014
14:27 Jan 06, 2016
Jkt 238001
building. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
on the internet at https://www.trade.gov/
enforcement/. The signed Preliminary
Decision Memorandum and the
electronic versions of the Preliminary
Decision Memorandum are identical in
content.
Preliminary Results of Review
As a result of our review, we
preliminarily determine the following
weighted-average dumping margins for
the period December 1, 2013, through
November 30, 2014.
Producer and/or exporter
743
those raised in the respective case and
rebuttal briefs. If a request for a hearing
is made, the Department intends to hold
the hearing at the U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230, at
a date and time to be determined. See
19 CFR 351.310(d). Parties should
confirm by telephone the date, time, and
location of the hearing two days before
the scheduled date.
We intend to issue the final results of
this administrative review within 120
days after the date of publication of this
notice, unless otherwise extended.10
Assessment Rates
Margin
(percent)
Upon completion of this
administrative review, the Department
SeAH Steel Corporation .......
2.58 shall determine and U.S. Customs and
LS Metal Co., Ltd .................
31.70 Border Protection (CBP) shall assess
antidumping duties on all appropriate
Disclosure and Public Comment
entries. If a respondent’s weightedaverage dumping margin is not zero or
The Department intends to disclose
de minimis (i.e., less than 0.5 percent)
the calculations performed in
in the final results of this review, we
connection with these preliminary
results within five days after the date of will calculate importer-specific ad
publication of this notice in accordance valorem assessment rates on the basis of
the ratio of the total amount of dumping
with 19 CFR 351.224(b).
calculated for an importer’s examined
Interested parties are invited to
sales and the total entered value of such
comment on the preliminary results of
sales in accordance with 19 CFR
this review and may submit case briefs
351.212(b)(1). Where an importerno later than 30 days after the date of
specific ad valorem assessment rate is
publication of this notice. Rebuttal
zero or de minimis, we will instruct CBP
briefs, limited to issues raised in the
to liquidate the appropriate entries
case briefs, may be filed not later than
without regard to antidumping duties in
five days after the date for filing case
briefs.5 Parties who submit case briefs or accordance with 19 CFR 351.106(c)(2). If
a respondent’s weighted-average
rebuttal briefs in this review are
dumping margin is zero or de minimis
encouraged to submit with each
in the final results of this review, we
argument: (1) A statement of the issue;
will instruct CBP to liquidate the
(2) a brief summary of the argument;
appropriate entries without regard to
6 Executive
and (3) a table of authorities.
antidumping duties in accordance with
summaries should be limited to five
the Final Modification for Reviews.11
7 Case
pages total, including footnotes.
The Department clarified its
and rebuttal briefs should be filed using
‘‘automatic assessment’’ regulation on
ACCESS.8 An electronically filed
document must be received successfully May 6, 2003.12 This clarification applies
to entries of subject merchandise during
in its entirety by ACCESS, by 5:00 p.m.
Eastern Time on the on which it is due.9 the POR produced by a respondent for
which it did not know its merchandise
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a was destined for the United States. In
hearing must submit a written request to such instances, we will instruct CBP to
liquidate unreviewed entries at the allthe Assistant Secretary for Enforcement
others rate if there is no rate for the
and Compliance within 30 days of the
date of publication of this notice, filed
10 See section 751(a)(3)(A) of the Act and 19 CFR
electronically via ACCESS. Requests
351.213(h)(1).
should contain: (1) The party’s name,
11 See Antidumping Proceedings: Calculation of
address and telephone number; (2) the
the Weighted-Average Dumping Margin and
number of participants; and (3) a list of
Assessment Rate in Certain Antidumping
issues parties intend to discuss. Issues
Proceedings: Final Modification, 77 FR 8101, 8102
(February 14, 2012) (Final Modification for Reviews)
raised in the hearing will be limited to
5 See
19 CFR 351.309(c) and (d).
6 See 19 CFR 351.309(c)(2) and (d)(2).
7 Id.
8 See 19 CFR 351.303.
9 See 19 CFR 351.303(b)(1).
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
(‘‘Where the weighted-average margin of dumping
for the exporter is determined to be zero or de
minimis, no antidumping duties will be assessed.’’).
12 For a full discussion of this clarification, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003) (Assessment Policy Notice).
E:\FR\FM\07JAN1.SGM
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744
Federal Register / Vol. 81, No. 4 / Thursday, January 7, 2016 / Notices
intermediate company(ies) involved in
the transaction.
We intend to issue instructions to
CBP 15 days after publication of the
final results of this review.
rmajette on DSK2TPTVN1PROD with NOTICES
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 welded ASTM A–312
stainless steel pipe from Korea entered,
or withdrawn from warehouse, for
consumption on or after the date of
publication as provided for by section
751(a)(2)(C) of the Act: (1) The cash
deposit rate for the companies under
review will be equal to the weightedaverage dumping margin established in
the final results of this review except if
that rate is de minimis within the
meaning of 19 CFR 351.106(c)(1), in
which case the cash deposit rate will be
zero; (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 the manufacturer
or exporter participated; (3) if the
exporter is not a firm covered in this
review, a prior review, or the less-thanfair-value investigation but the
manufacturer is, then the cash deposit
rate will be the rate established for the
most recently completed segment of this
proceeding for the manufacturer of the
merchandise; and (4) if neither the
exporter nor the manufacturer is a firm
covered in this or any previously
completed segment of this proceeding,
then the cash deposit rate will be the
‘‘all-others’’ rate of 6.83 percent
established in the less-than-fair-value
investigation.13 These deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice 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 doubled antidumping duties.
13 See Antidumping Duty Order and Clarification
of Final Determination: Certain Welded Stainless
Steel Pipes From Korea, 57 FR 62301, 62302
(December 30, 1992).
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18:22 Jan 06, 2016
Jkt 238001
Notification to Interested Parties
These preliminary results of
administrative review are issued and
published in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213(h).
Dated: December 21, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
Summary
Background
Scope of the Order
Discussion of Methodology
A. Comparisons to Fair Value
B. Date of Sale
C. Product Comparisons
D. Constructed Export Price
E. SeAH’s Alleged Affiliation With POSCO
Based on Close Supplier Relationship
F. Normal Value
G. Cost of Production Analysis
H. Calculation of Normal Value Based on
Comparison Market Prices
I. Currency Conversion
J. Application of Facts Available and Use
of Adverse Inferences
Recommendation
[FR Doc. 2016–00078 Filed 1–6–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
New England Fishery Management
Council; Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; public meeting.
AGENCY:
The New England Fishery
Management Council’s (Council) Risk
Policy Working Group will meet to
consider actions affecting New England
fisheries in the exclusive economic zone
(EEZ).
DATES: The meeting will be held on
Monday, January 11, 2016 at 9:30 a.m.
ADDRESSES: Meeting address: The
meeting will be held at the DoubleTree
by Hilton, 50 Ferncroft Road, Danvers,
MA 01923; telephone: (978) 777–2500;
fax: (978) 750–7991.
Council address: New England
Fishery Management Council, 50 Water
Street, Mill 2, Newburyport, MA 01950.
FOR FURTHER INFORMATION CONTACT:
Thomas A. Nies, Executive Director,
New England Fishery Management
Council; telephone: (978) 465–0492.
SUMMARY:
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
SUPPLEMENTARY INFORMATION:
Agenda
The Risk Policy Working Group will
discuss the implementation and
application of the Council’s Risk Policy
across all Council-managed species;
review updated matrix of ‘‘baseline
conditions’’ for Council-managed
species, i.e., how risk and uncertainty
are currently addressed; discuss
baseline conditions in the Atlantic
herring fishery; review available
information and begin to develop
recommendations regarding the
application of the Risk Policy in the
Atlantic Herring FMP; discuss baseline
conditions in the Atlantic sea scallop
fishery; plan future work and address
other business as necessary.
Although non-emergency issues not
contained in this agenda may be
discussed, those issues may not be the
subject of formal action during this
meeting. Action will be restricted to
those issues specifically identified in
this notice and any issues arising after
publication of this notice that require
emergency action under section 305(c)
of the Magnuson-Stevens Fishery
Conservation and Management Act,
provided the public has been notified of
the Council’s intent to take final action
to address the emergency.
Special Accommodations
This meeting is physically accessible
to people with disabilities. Requests for
sign language interpretation or other
auxiliary aids should be directed to
Thomas A. Nies (see ADDRESSES) at least
5 days prior to the meeting date.
Authority: 16 U.S.C. 1801 et seq.
Dated: January 4, 2016.
Tracey L. Thompson,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2016–00026 Filed 1–6–16; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XE267
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to Operation,
Maintenance, and Repair of the
Northeast Gateway Liquefied Natural
Gas Port and the Algonquin Pipeline
Lateral Facilities in Massachusetts Bay
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
E:\FR\FM\07JAN1.SGM
07JAN1
Agencies
[Federal Register Volume 81, Number 4 (Thursday, January 7, 2016)]
[Notices]
[Pages 742-744]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-00078]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-810]
Welded ASTM A-312 Stainless Steel Pipe From the Republic of
Korea: Preliminary Results of Antidumping Duty Administrative Review;
2013-2014
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: In response to requests from Petitioners and SeAH Steel
Corporation (SeAH), the Department of Commerce (Department) is
conducting an administrative review of the antidumping duty order on
welded ASTM A-312 stainless steel pipe from Republic of Korea
(Korea).\1\ The period of review (POR) is December 1, 2013, through
November 30, 2014. The review covers two exporters and/or producers of
the subject merchandise, SeAH and LS Metal Co., Ltd. (LS Metal). The
Department preliminarily finds that SeAH and LS Metal sold subject
merchandise at less than normal value during the POR. We invite
interested parties to comment on these preliminary results.
---------------------------------------------------------------------------
\1\ Petitioners are Bristol Metals LLC, Felker Brothers
Corporation, and Outokumpu Stainless Pipe, Inc.
---------------------------------------------------------------------------
DATES: Effective Date: January 7, 2016.
FOR FURTHER INFORMATION CONTACT: Lingjun Wang, AD/CVD Operations,
Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
2316.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise subject to the antidumping duty order is welded
austenitic stainless steel pipe that meets
[[Page 743]]
the standards and specifications set forth by the American Society for
Testing and Materials (ASTM) for the welded form of chromium-nickel
pipe designated ASTM A-312. The merchandise covered by the scope of the
orders also includes austenitic welded stainless steel pipes made
according to the standards of other nations which are comparable to
ASTM A-312.
Imports of welded ASTM A-312 stainless steel pipe are currently
classifiable under the following Harmonized Tariff Schedule of the
United States (HTSUS) subheadings: 7306.40.5005, 7306.40.5015,
7306.40.5040, 7306.40.5062, 7306.40.5064, and 7306.40.5085. Although
these subheadings include both pipes and tubes, the scope of the
antidumping duty order is limited to welded austenitic stainless steel
pipes. The HTSUS subheadings are provided for convenience and customs
purposes. However, the written description of the scope of the orders
is dispositive.\2\
---------------------------------------------------------------------------
\2\ See Decision Memorandum for the Preliminary Results of the
Antidumping Duty Administrative Review: Welded ASTM A-312 Stainless
Steel Pipe from the Republic of Korea; 2013-2014, dated concurrently
with this notice for a full description of the scope of the order
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Methodology
The Department is conducting 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.
With respect to LS Metal, we relied on facts available,\3\ and, because
it did not act to the best of its ability to respond to the
Department's requests for information, we drew an adverse inference in
selecting from among the facts otherwise available.\4\
---------------------------------------------------------------------------
\3\ See section 776(a) of the Act.
\4\ See section 776(b) of the Act.
---------------------------------------------------------------------------
For a full description of the methodology underlying these
preliminary results, see the Preliminary Decision Memorandum, which is
hereby adopted by this notice. A list of the topics discussed in the
Preliminary Decision Memorandum is attached as an appendix to this
notice. 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).
ACCESS is available to registered users at https://access.trade.gov,
and is available to all parties in the Central Records Unit, Room B8024
of the Department's main building. In addition, a complete version of
the Preliminary Decision Memorandum can be accessed directly on the
internet at https://www.trade.gov/enforcement/. The signed Preliminary
Decision Memorandum and the electronic versions of the Preliminary
Decision Memorandum are identical in content.
Preliminary Results of Review
As a result of our review, we preliminarily determine the following
weighted-average dumping margins for the period December 1, 2013,
through November 30, 2014.
------------------------------------------------------------------------
Margin
Producer and/or exporter (percent)
------------------------------------------------------------------------
SeAH Steel Corporation.................................. 2.58
LS Metal Co., Ltd....................................... 31.70
------------------------------------------------------------------------
Disclosure and Public Comment
The Department intends to disclose the calculations performed in
connection with these preliminary results within five days after the
date of publication of this notice in accordance with 19 CFR
351.224(b).
Interested parties are invited to comment on the preliminary
results of this review and may submit case briefs no later than 30 days
after the date of publication of this notice. Rebuttal briefs, limited
to issues raised in the case briefs, may be filed not later than five
days after the date for filing case briefs.\5\ Parties who submit case
briefs or rebuttal briefs in this review 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.\6\ Executive summaries should
be limited to five pages total, including footnotes.\7\ Case and
rebuttal briefs should be filed using ACCESS.\8\ An electronically
filed document must be received successfully in its entirety by ACCESS,
by 5:00 p.m. Eastern Time on the on which it is due.\9\
---------------------------------------------------------------------------
\5\ See 19 CFR 351.309(c) and (d).
\6\ See 19 CFR 351.309(c)(2) and (d)(2).
\7\ Id.
\8\ See 19 CFR 351.303.
\9\ See 19 CFR 351.303(b)(1).
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance within 30 days of the date of
publication of this notice, filed electronically via ACCESS. Requests
should contain: (1) The party's name, address and telephone number; (2)
the number of participants; and (3) a list of issues parties intend to
discuss. Issues raised in the hearing will be limited to those raised
in the respective case and rebuttal briefs. If a request for a hearing
is made, the Department intends to hold the hearing at the U.S.
Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230, at a date and time to be determined. See 19 CFR
351.310(d). Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
We intend to issue the final results of this administrative review
within 120 days after the date of publication of this notice, unless
otherwise extended.\10\
---------------------------------------------------------------------------
\10\ See section 751(a)(3)(A) of the Act and 19 CFR
351.213(h)(1).
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Assessment Rates
Upon completion of this administrative review, the Department shall
determine and U.S. Customs and Border Protection (CBP) shall assess
antidumping duties on all appropriate entries. If a respondent's
weighted-average dumping margin is not zero or de minimis (i.e., less
than 0.5 percent) in the final results of this review, we will
calculate importer-specific ad valorem assessment rates on the basis of
the ratio of the total amount of dumping calculated for an importer's
examined sales and the total entered value of such sales in accordance
with 19 CFR 351.212(b)(1). Where an importer-specific ad valorem
assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties
in accordance with 19 CFR 351.106(c)(2). If a respondent's weighted-
average dumping margin is zero or de minimis in the final results of
this review, we will instruct CBP to liquidate the appropriate entries
without regard to antidumping duties in accordance with the Final
Modification for Reviews.\11\
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\11\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8102 (February 14,
2012) (Final Modification for Reviews) (``Where the weighted-average
margin of dumping for the exporter is determined to be zero or de
minimis, no antidumping duties will be assessed.'').
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The Department clarified its ``automatic assessment'' regulation on
May 6, 2003.\12\ This clarification applies to entries of subject
merchandise during the POR produced by a respondent for which it did
not know its merchandise was destined for the United States. In such
instances, we will instruct CBP to liquidate unreviewed entries at the
all-others rate if there is no rate for the
[[Page 744]]
intermediate company(ies) involved in the transaction.
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\12\ For a full discussion of this clarification, see
Antidumping and Countervailing Duty Proceedings: Assessment of
Antidumping Duties, 68 FR 23954 (May 6, 2003) (Assessment Policy
Notice).
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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 welded ASTM A-312 stainless steel pipe from Korea
entered, or withdrawn from warehouse, for consumption on or after the
date of publication as provided for by section 751(a)(2)(C) of the Act:
(1) The cash deposit rate for the companies under review will be equal
to the weighted-average dumping margin established in the final results
of this review except if that rate is de minimis within the meaning of
19 CFR 351.106(c)(1), in which case the cash deposit rate will be zero;
(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 the manufacturer or exporter participated; (3) if the exporter is
not a firm covered in this review, a prior review, or the less-than-
fair-value investigation but the manufacturer is, then the cash deposit
rate will be the rate established for the most recently completed
segment of this proceeding for the manufacturer of the merchandise; and
(4) if neither the exporter nor the manufacturer is a firm covered in
this or any previously completed segment of this proceeding, then the
cash deposit rate will be the ``all-others'' rate of 6.83 percent
established in the less-than-fair-value investigation.\13\ These
deposit requirements, when imposed, shall remain in effect until
further notice.
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\13\ See Antidumping Duty Order and Clarification of Final
Determination: Certain Welded Stainless Steel Pipes From Korea, 57
FR 62301, 62302 (December 30, 1992).
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Notification to Importers
This notice 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 doubled antidumping duties.
Notification to Interested Parties
These preliminary results of administrative review are issued and
published in accordance with sections 751(a)(1) and 777(i)(1) of the
Act and 19 CFR 351.213(h).
Dated: December 21, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
Summary
Background
Scope of the Order
Discussion of Methodology
A. Comparisons to Fair Value
B. Date of Sale
C. Product Comparisons
D. Constructed Export Price
E. SeAH's Alleged Affiliation With POSCO Based on Close Supplier
Relationship
F. Normal Value
G. Cost of Production Analysis
H. Calculation of Normal Value Based on Comparison Market Prices
I. Currency Conversion
J. Application of Facts Available and Use of Adverse Inferences
Recommendation
[FR Doc. 2016-00078 Filed 1-6-16; 8:45 am]
BILLING CODE 3510-DS-P