Circular Welded Non-Alloy Steel Pipe From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2013-2014, 39908-39910 [2016-14425]
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39908
Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Notices
for consumption on or after the
publication date of this notice in the
Federal Register, as provided by section
751(a)(2)(C) of the Act: (1) For the
exporters listed above, the cash deposit
rate will be the rate listed for each
exporter in the table in the ‘‘Final
Results’’ section of this notice; (2) for
previously investigated PRC and nonPRC exporters that received a separate
rate in a prior segment of this
proceeding, the cash deposit rate will
continue to be the existing exporterspecific rate; (3) for all PRC exporters of
subject merchandise that have not been
found to be entitled to a separate rate,
the cash deposit rate will be the rate
previously established for the PRC-wide
entity (i.e., 238.95 percent); 22 and (4) for
all non-PRC exporters of subject
merchandise which have not received
their own rate, the cash deposit rate will
be the rate applicable to the PRC
exporter that supplied that non-PRC
exporter. These deposit requirements,
when imposed, shall remain in effect
until further notice.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Notification to Importers Regarding the
Reimbursement of Duties
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR 351.402(f)
to file a certificate regarding the
reimbursement of antidumping duties
prior to liquidation of the relevant
entries during this POR. Failure to
comply with this requirement could
result in the Department’s presumption
that reimbursement of antidumping
duties has occurred and the subsequent
assessment of double antidumping
duties.
Administrative Protective Order
(‘‘APO’’)
This notice also serves as a reminder
to parties subject to APO of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305, 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 terms of an APO is a violation
which is subject to sanction.
We are issuing these final results of
administrative review and publishing
22 See Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into Modules, From the
People’s Republic of China: Final Results of
Antidumping Duty Administrative Review and
Final Determination of No Shipments; 2012–2013,
80 FR 40998, 41002 (July 14, 2015).
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17:05 Jun 17, 2016
Jkt 238001
this notice in accordance with sections
751(a)(1) and 777(i) of the Act.
Dated: June 13, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix—Issues and Decision
Memorandum
Summary
Background
Scope of the Order
Comment 1: Surrogate Country
Comment 2: Conversion of the Market
Economy Price for Wafers
Comment 3: Valuation of ‘‘Unclassified
Stores’’ of Polysilicon
Comment 4: Valuation of Brokerage and
Handling in Doing Business in Thailand
Comment 5: Whether the Department should
adjust the brokerage and handling SV
used for Trina in the Preliminary Results
Comment 6: Calculation of Surrogate Labor
Value
Comment 7: Surrogate Value for Aluminum
Angle Keys
Comment 8: Surrogate Value for Aluminum
Frames
Comment 9: Differential Pricing
Comment 10: Valuing Tempered Glass
Comment 11: Surrogate Value for Junction
Boxes
Comment 12: Financial Statements
Comment 13: Surrogate Value for Semifinished Polysilicon Ingots and Blocks
Comment 14: Surrogate Value for Backsheets
Comment 15: World Cup Sponsorship
Comment 16: Data Source to use to Value
Polysilicon and Wafers
Comment 17: Calculation of Scrap for Waste
Cells and Modules
Comment 18: Whether the Department
applied the correct surrogate value to
Trina’s silver paste
Comment 19: Whether the Department
should apply partial AFA to Trina’s
unreported factors of production for
purchased solar cells
Comment 20: Whether the Department
erroneously valued certain overhead
items as direct materials
Comment 21: Whether the Department
applied the correct surrogate value to
nitrogen
Comment 22: Whether the Department
should not include import data with zero
quantities in the average unit SV
calculation
Comment 23: Whether the Department
should revise the SV for brokerage and
handling
Comment 24: Whether the Department
should revise Trina’s credit expenses
and inventory carrying costs
Comment 25: Whether the Department
should revise Trina’s warranty expenses
when calculating CEP
Comment 26: Whether the Department
should revise Trina’s insurance expenses
[FR Doc. 2016–14532 Filed 6–17–16; 8:45 am]
BILLING CODE 3510–DS–P
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International Trade Administration
[A–580–809]
Circular Welded Non-Alloy Steel Pipe
From the Republic of Korea: Final
Results of Antidumping Duty
Administrative Review; 2013–2014
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On December 8, 2015, 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, 2013, through
October 31, 2014.1 The review covers
three producers/exporters of the subject
merchandise: Husteel Co., Ltd.
(Husteel), Hyundai HYSCO (HYSCO),
and SeAH Steel Corporation (SeAH).
For these final results, we continue to
find that Husteel and HYSCO sold
subject merchandise at below normal
value. We also determine that SeAH did
not make sales of subject merchandise at
below normal value.
DATES: Effective Date: June 20, 2016.
FOR FURTHER INFORMATION CONTACT:
Joseph Shuler, Jennifer Meek, or Lana
Nigro, 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)
482–1293, (202) 482–2778, or (202) 482–
1779, respectively.
AGENCY:
Discussion of the Issues
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DEPARTMENT OF COMMERCE
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Background
Following the Preliminary Results, the
Department sent a supplemental
questionnaire to SeAH and received a
timely response.2
On January 4 and January 20, 2016,
the Department extended the briefing
schedule.3 On April 5, 2016, the
1 See Circular Welded Non-Alloy Steel Pipe From
the Republic of Korea: Preliminary Results and
Partial Rescission of Antidumping Duty
Administrative Review; 2013–2014, 80 FR 76267
(December 8, 2015) (Preliminary Results) and
accompanying Preliminary Decision Memorandum.
2 See Letter to SeAH, ‘‘Antidumping Duty
Administrative Review of Circular Welding NonAlloy Steel Pipe from the Republic of Korea:
Supplemental Questionnaire,’’ (December 18, 2015);
see also Letter from SeAH, ‘‘Administrative Review
of the Antidumping Order on Circular Welded NonAlloy Steel Pipe from Korea for the 2013–2014
Review Period—Response to December 18
Supplemental Questionnaire,’’ (December 28, 2015).
3 See Memorandum to the File, ‘‘Extension of the
Briefing Schedule,’’ (January 4, 2016) and
Memorandum to all interested parties, ‘‘Second
Extension of the Briefing Schedule,’’ (January 20,
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Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Notices
Department issued a memorandum
extending the time period for issuing
the final results of this administrative
review by 60 days, from April 12, 2016
to June 10, 2016, 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).4
On January 7, 2016, Husteel and
HYSCO both requested a hearing. These
requests were subsequently withdrawn.5
On February 3, 2016, we received case
briefs from JMC Steel Group (JMC) and
Allied Tube and Conduit (Allied) (the
petitioners), Husteel, HYSCO, and
SeAH.6 On February 12, 2015, we
received rebuttal briefs from the
petitioners, SeAH, and HYSCO.7
asabaliauskas on DSK3SPTVN1PROD 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
classified under the following
Harmonized Tariff Schedule of the
2016); we also extended the deadline to submit
rebuttal briefs. See memorandum to all interested
parties, ‘‘Extension of the Deadline to submit
Rebuttal Briefs,’’ (February 5, 2016).
4 See Memorandum 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,’’ (April
5, 2016).
5 See Letter from Hyundai Steel Company,
‘‘Administrative Review of Circular Welded NonAlloy Steel Pipe from the Republic of Korea:
Request for Public Hearing,’’ (January 7, 2016); see
also Letter from Husteel, ‘‘Certain Circular Welded
Non-Alloy Steel Pipe from the Republic of Korea,
Case No. A–580–809: Request for Hearing,’’
(January 7, 2016); and the withdrawal requests, see
See Letter from Hyundai Steel Company,
‘‘Administrative Review of Circular Welded NonAlloy Steel Pipe from the Republic of Korea:
Withdrawal of Request for Hearing,’’ (February 22,
2016); see also Letter from Husteel, ‘‘Certain
Circular Welded Non-Alloy Steel Pipe from the
Republic of Korea, 11/1/2014–10/31/2014
Administrative Review, Case No. A–580–809:
Withdrawal of Request for Hearing,’’ (February 19,
2016).
6 See Case Brief of the Petitioners, ‘‘Circular
Welded Non-Alloy Steel Pipe From the Republic of
Korea: Case Brief,’’ (February 3, 2016); see also Case
Brief of Husteel, ‘‘Certain Circular Welded NonAlloy Steel Pipe from the Republic of Korea, Case
No. A–580–809: Case Brief,’’ (February 3, 2016);
Case Brief of HYSCO, ‘‘Certain Circular Welded
Non-Alloy Steel Pipe from the Republic of Korea:
Case Brief,’’ (February 3, 2016); Case Brief of SeAH,
‘‘Administrative Review of the Antidumping Order
on Circular Welded Non-Alloy Steel Pipe from
Korea for the 2013–2014 Review Period—Case
Brief,’’ (February 3, 2016).
7 See Rebuttal Brief of the petitioners, ‘‘Circular
Welded Non-Alloy Steel Pipe From the Republic of
Korea: Rebuttal Brief,’’ (February 12, 2016), and see
Rebuttal Brief from Hundai HYSCO, ‘‘Certain
Circular Welded Non-Alloy Steel Pipe from the
Republic of Korea: Rebuttal Brief,’’ (February 12,
2016); see also Rebuttal Brief from SeAH,
‘‘Administrative Review of the Antidumping Order
on Circular Welded Non-Alloy Steel Pipe from
Korea for the 2013–2014 Review Period—Rebuttal
Brief,’’ (February 12, 2016).
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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 Christian Marsh, Deputy Assistant
Secretary for Antidumping and
Countervailing Duty Operations to Paul
Piquado, Assistant Secretary for
Enforcement and Compliance,
‘‘Decision Memorandum for the Final
Results of Antidumping Duty
Administrative Review: Circular
Welded Non-Alloy Steel Pipe from the
Republic of Korea: 2013–2014,’’ 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 B8024 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 changes
for SeAH since the Preliminary Results.
For home market sales that SeAH
identified as consignment sales, in
accordance with the Department’s
practice, we have used the date the
customer withdrew the merchandise
from consignment inventory as the
appropriate date of sale. For all
remaining sales we continue to follow
our practice as described in the
Preliminary Results. Additionally, we
have recalculated inventory carrying
costs for direct shipment CEP sales
based on the inventory period from
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39909
factory production to shipment to the
U.S. customer.8
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, 2013 through
October 31, 2014:
Producer/Exporter
Husteel Co., Ltd ..........................
Hyundai HYSCO .........................
SeAH Steel Corporation .............
Weightedaverage
dumping
margin
(percent)
1.42
1.62
0.00
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,
HYSCO, and SeAH 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 importerspecific 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 importerspecific 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,
HYSCO, and SeAH which they did not
know were destined for the United
States, we will instruct CBP to liquidate
8 For a discussion of these changes, see the
accompanying Issues and Decision Memorandum at
Comment 7 and SeAH’s Final Determination
Calculation Memorandum dated concurrently with
this Federal Register notice.
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Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Notices
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, HYSCO, and
SeAH will be equal to the respective
weighted-average dumping margins
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 DSK3SPTVN1PROD 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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18:14 Jun 17, 2016
Jkt 238001
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 10, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix—List of Issues Discussed in
the Issues and Decision Memorandum
Summary
Background
Changes Since the Preliminary Results
List of Comments
Scope of the Order
Discussion of the Issues
Comment 1: Whether the Cohen’s d Test
Measures ‘‘Targeted’’ or Masked
Dumping
Comment 2: Whether the Ratio Test Is
Arbitrary and Whether the ‘‘Meaningful
Difference Requirement’’ Was Satisfied
Comment 3: Whether Consideration of an
Alternative Comparison Method Is
Permitted in Administrative Reviews
Comment 4: Whether the Mixed
Methodology Leads to Zeroing
Comment 5: The Appropriate Universe of
HYSCO’s Home Market Sales
Comment 6: Whether Certain HYSCO Sales
Are Outside the Ordinary Course of
Trade
Comment 7: SeAH’s Reported Credit
Expense for Back-to-Back U.S. Sales
Comment 8: Whether To Use SeAH’s
Reported Nominal Outside Diameter
Comment 9: Husteel’s Cost Reallocation
Comment 10: HYSCO’s Cost Reallocation
Comment 11: SeAH’s Cost Reallocation
Comment 12: Whether To Assign HYSCO’s
Cash Deposit Rate to Hyundai Steel
Recommendation
[FR Doc. 2016–14425 Filed 6–17–16; 8:45 am]
BILLING CODE 3510–DS–P
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–038]
Certain Amorphous Silica Fabric From
the People’s Republic of China:
Postponement of Preliminary
Determination of the Less-Than-FairValue Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: June 20, 2016.
FOR FURTHER INFORMATION CONTACT:
Scott Hoefke at (202) 482–4947 or Mike
Heaney at (202) 482–4475, AD/CVD
Operations, Enforcement and
Compliance, International Trade
Administration, Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On February 16, 2016, the Department
of Commerce (the Department) initiated
an antidumping duty investigation on
certain amorphous silica fabric from the
People’s Republic of China.1 The notice
of initiation stated that the Department,
in accordance with section 733(b)(1)(A)
of the Tariff Act of 1930, as amended
(the Act), and 19 CFR 351.205(b)(1),
would issue its preliminary
determination for this investigation,
unless postponed, no later than 140
days after the date of the initiation. The
deadline for the preliminary
determination of this antidumping duty
investigation is currently July 5, 2016.
Postponement of the Preliminary
Determination
Section 733(c)(1)(A) of the Act
permits the Department to postpone the
time limit for the preliminary
determination if it receives a timely
request from the petitioner for
postponement. The Department may
postpone the preliminary determination
under section 733(c)(1) of the Act until
no later than 190 days after the date on
which the Department initiates an
investigation.
On June 1, 2016, Auburn
Manufacturing, Inc. (the Petitioner)
submitted a timely request pursuant to
section 733(c)(1) of the Act and 19 CFR
351.205(e) for a 50-day postponement of
the preliminary determination in this
investigation.2 The petitioner stated that
1 See Certain Amorphous Silica Fabric from the
People’s Republic of China: Initiation of Less-ThanFair-Value Investigation, 81 FR 8913 (February 23,
2016).
2 See Letter from Petitioner, ‘‘Certain Amorphous
Silica Fabric from the People’s Republic of China:
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Agencies
[Federal Register Volume 81, Number 118 (Monday, June 20, 2016)]
[Notices]
[Pages 39908-39910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14425]
-----------------------------------------------------------------------
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; 2013-2014
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On December 8, 2015, 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, 2013, through October 31, 2014.\1\ The review covers three
producers/exporters of the subject merchandise: Husteel Co., Ltd.
(Husteel), Hyundai HYSCO (HYSCO), and SeAH Steel Corporation (SeAH).
For these final results, we continue to find that Husteel and HYSCO
sold subject merchandise at below normal value. We also determine that
SeAH did not make sales of subject merchandise at below 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; 2013-2014, 80 FR 76267 (December 8,
2015) (Preliminary Results) and accompanying Preliminary Decision
Memorandum.
---------------------------------------------------------------------------
DATES: Effective Date: June 20, 2016.
FOR FURTHER INFORMATION CONTACT: Joseph Shuler, Jennifer Meek, or Lana
Nigro, 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) 482-1293, (202) 482-2778, or (202) 482-1779, respectively.
Background
Following the Preliminary Results, the Department sent a
supplemental questionnaire to SeAH and received a timely response.\2\
---------------------------------------------------------------------------
\2\ See Letter to SeAH, ``Antidumping Duty Administrative Review
of Circular Welding Non-Alloy Steel Pipe from the Republic of Korea:
Supplemental Questionnaire,'' (December 18, 2015); see also Letter
from SeAH, ``Administrative Review of the Antidumping Order on
Circular Welded Non-Alloy Steel Pipe from Korea for the 2013-2014
Review Period--Response to December 18 Supplemental Questionnaire,''
(December 28, 2015).
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On January 4 and January 20, 2016, the Department extended the
briefing schedule.\3\ On April 5, 2016, the
[[Page 39909]]
Department issued a memorandum extending the time period for issuing
the final results of this administrative review by 60 days, from April
12, 2016 to June 10, 2016, 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).\4\
---------------------------------------------------------------------------
\3\ See Memorandum to the File, ``Extension of the Briefing
Schedule,'' (January 4, 2016) and Memorandum to all interested
parties, ``Second Extension of the Briefing Schedule,'' (January 20,
2016); we also extended the deadline to submit rebuttal briefs. See
memorandum to all interested parties, ``Extension of the Deadline to
submit Rebuttal Briefs,'' (February 5, 2016).
\4\ See Memorandum 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,'' (April 5, 2016).
---------------------------------------------------------------------------
On January 7, 2016, Husteel and HYSCO both requested a hearing.
These requests were subsequently withdrawn.\5\ On February 3, 2016, we
received case briefs from JMC Steel Group (JMC) and Allied Tube and
Conduit (Allied) (the petitioners), Husteel, HYSCO, and SeAH.\6\ On
February 12, 2015, we received rebuttal briefs from the petitioners,
SeAH, and HYSCO.\7\
---------------------------------------------------------------------------
\5\ See Letter from Hyundai Steel Company, ``Administrative
Review of Circular Welded Non-Alloy Steel Pipe from the Republic of
Korea: Request for Public Hearing,'' (January 7, 2016); see also
Letter from Husteel, ``Certain Circular Welded Non-Alloy Steel Pipe
from the Republic of Korea, Case No. A-580-809: Request for
Hearing,'' (January 7, 2016); and the withdrawal requests, see See
Letter from Hyundai Steel Company, ``Administrative Review of
Circular Welded Non-Alloy Steel Pipe from the Republic of Korea:
Withdrawal of Request for Hearing,'' (February 22, 2016); see also
Letter from Husteel, ``Certain Circular Welded Non-Alloy Steel Pipe
from the Republic of Korea, 11/1/2014-10/31/2014 Administrative
Review, Case No. A-580-809: Withdrawal of Request for Hearing,''
(February 19, 2016).
\6\ See Case Brief of the Petitioners, ``Circular Welded Non-
Alloy Steel Pipe From the Republic of Korea: Case Brief,'' (February
3, 2016); 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,'' (February 3, 2016); Case Brief of HYSCO, ``Certain
Circular Welded Non-Alloy Steel Pipe from the Republic of Korea:
Case Brief,'' (February 3, 2016); Case Brief of SeAH,
``Administrative Review of the Antidumping Order on Circular Welded
Non-Alloy Steel Pipe from Korea for the 2013-2014 Review Period--
Case Brief,'' (February 3, 2016).
\7\ See Rebuttal Brief of the petitioners, ``Circular Welded
Non-Alloy Steel Pipe From the Republic of Korea: Rebuttal Brief,''
(February 12, 2016), and see Rebuttal Brief from Hundai HYSCO,
``Certain Circular Welded Non-Alloy Steel Pipe from the Republic of
Korea: Rebuttal Brief,'' (February 12, 2016); see also Rebuttal
Brief from SeAH, ``Administrative Review of the Antidumping Order on
Circular Welded Non-Alloy Steel Pipe from Korea for the 2013-2014
Review Period--Rebuttal Brief,'' (February 12, 2016).
---------------------------------------------------------------------------
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 Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations to Paul Piquado,
Assistant Secretary for Enforcement and Compliance, ``Decision
Memorandum for the Final Results of Antidumping Duty Administrative
Review: Circular Welded Non-Alloy Steel Pipe from the Republic of
Korea: 2013-2014,'' 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 B8024 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 changes for SeAH since the Preliminary
Results. For home market sales that SeAH identified as consignment
sales, in accordance with the Department's practice, we have used the
date the customer withdrew the merchandise from consignment inventory
as the appropriate date of sale. For all remaining sales we continue to
follow our practice as described in the Preliminary Results.
Additionally, we have recalculated inventory carrying costs for direct
shipment CEP sales based on the inventory period from factory
production to shipment to the U.S. customer.\8\
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\8\ For a discussion of these changes, see the accompanying
Issues and Decision Memorandum at Comment 7 and SeAH's Final
Determination Calculation Memorandum dated concurrently with this
Federal Register notice.
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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, 2013
through October 31, 2014:
------------------------------------------------------------------------
Weighted-
average
Producer/Exporter dumping
margin
(percent)
------------------------------------------------------------------------
Husteel Co., Ltd............................................ 1.42
Hyundai HYSCO............................................... 1.62
SeAH Steel Corporation...................................... 0.00
------------------------------------------------------------------------
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, HYSCO, and SeAH 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, HYSCO, and SeAH which they did not know were destined for the
United States, we will instruct CBP to liquidate
[[Page 39910]]
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, HYSCO, and SeAH will be equal to the respective weighted-
average dumping margins 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 10, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Issues Discussed in the Issues and Decision
Memorandum
Summary
Background
Changes Since the Preliminary Results
List of Comments
Scope of the Order
Discussion of the Issues
Comment 1: Whether the Cohen's d Test Measures ``Targeted'' or
Masked Dumping
Comment 2: Whether the Ratio Test Is Arbitrary and Whether the
``Meaningful Difference Requirement'' Was Satisfied
Comment 3: Whether Consideration of an Alternative Comparison
Method Is Permitted in Administrative Reviews
Comment 4: Whether the Mixed Methodology Leads to Zeroing
Comment 5: The Appropriate Universe of HYSCO's Home Market Sales
Comment 6: Whether Certain HYSCO Sales Are Outside the Ordinary
Course of Trade
Comment 7: SeAH's Reported Credit Expense for Back-to-Back U.S.
Sales
Comment 8: Whether To Use SeAH's Reported Nominal Outside
Diameter
Comment 9: Husteel's Cost Reallocation
Comment 10: HYSCO's Cost Reallocation
Comment 11: SeAH's Cost Reallocation
Comment 12: Whether To Assign HYSCO's
Cash Deposit Rate to Hyundai Steel Recommendation
[FR Doc. 2016-14425 Filed 6-17-16; 8:45 am]
BILLING CODE 3510-DS-P