Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From the Republic of Korea: Final Determination of Sales at Less Than Fair Value, 47347-47349 [2016-17313]
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Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Notices
request a hearing remain the dates
established in the Preliminary Results.
This correction to the Preliminary
Results is issued and published in
accordance with sections 751(a)(1),
751(a)(2)(A)(i) and (ii), 751(a)(3) of the
Tariff Act of 1930, as amended, and 19
CFR 351.213(h) and 351.221(b)(4).
Dated: July 14, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2016–17307 Filed 7–20–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–979]
Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into
Modules, From the People’s Republic
of China: Partial Rescission of
Antidumping Duty Administrative
Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce
DATES: Effective July 21, 2016.
FOR FURTHER INFORMATION CONTACT: Jeff
Pedersen or Erin Kearney, AD/CVD
Operations, Office IV, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230,
telephone: (202) 482–2769 or (202) 482–
0167, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Background
On December 7, 2012 the Department
of Commerce (Department) published in
the Federal Register the antidumping
duty order on crystalline silicon
photovoltaic cells, whether or not
assembled into modules, from the
People’s Republic of China (PRC)
(Order).1 On December 1, 2015, the
Department published a notice of
opportunity to request an administrative
review of the Order.2 The Department
received multiple timely requests for an
administrative review of the Order. On
February 9, 2016, in accordance with
section 751(a) of Tariff Act of 1930, as
1 See Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into Modules, From the
People’s Republic of China: Amended Final
Determination of Sales at Less Than Fair Value,
and Antidumping Duty Order, 77 FR 73018
(December 7, 2012).
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
To Request Administrative Review, 80 FR 75058
(December 1, 2015).
VerDate Sep<11>2014
17:15 Jul 20, 2016
Jkt 238001
amended (the Act), the Department
published in the Federal Register a
notice of the initiation of an
administrative review of the Order.3 The
administrative review was initiated with
respect to 44 companies or groups of
companies, and covers the period from
December 1, 2014, through November
30, 2015. Requesting parties have
subsequently timely withdrawn all
review requests for five companies or
groups of companies for which the
Department initiated a review, as
discussed below.
Rescission of Review, in Part
Pursuant to 19 CFR 351.213(d)(1), the
Department will rescind an
administrative review, in whole or in
part, if a party that requested the review
withdraws its request within 90 days of
the date of publication of the notice of
initiation of the requested review. All
requesting parties withdrew their
respective requests for an administrative
review of the five companies or groups
of companies listed in the Appendix
within 90 days of the date of publication
of Initiation Notice. Accordingly, the
Department is rescinding this review
with respect to these companies, in
accordance with 19 CFR 351.213(d)(1).4
Assessment
The Department will instruct U.S.
Customs and Border Protection (‘‘CBP’’)
to assess antidumping duties on all
appropriate entries. For the companies
for which this review is rescinded,
antidumping duties shall be assessed at
rates equal to the cash deposit of
estimated antidumping duties required
at the time of entry, or withdrawal from
warehouse, for consumption, in
accordance with 19 CFR 351.212(c)(l)(i).
The Department intends to issue
appropriate assessment instructions
directly to CBP 15 days after publication
of this notice.
Notification to Importers
This notice serves as the only
reminder to importers whose entries
Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 81 FR
6832 (February 9, 2016) (‘‘Initiation Notice’’).
4 See Appendix. As stated in Change in Practice
in NME Reviews, the Department will no longer
consider the non-market economy (‘‘NME’’) entity
as an exporter conditionally subject to
administrative reviews. See Antidumping
Proceedings: Announcement of Change in
Department Practice for Respondent Selection in
Antidumping Duty Proceedings and Conditional
Review of the Nonmarket Economy Entity in NME
Antidumping Duty Proceedings, 78 FR 65963
(November 4, 2013) (‘‘Change in Practice in NME
Reviews’’). The PRC-wide entity is not subject to
this administrative review because no interested
party requested a review of the entity. See Initiation
Notice.
PO 00000
3 See
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Fmt 4703
Sfmt 4703
47347
will be liquidated as a result of this
rescission notice, 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 assumption that
the reimbursement of antidumping
duties occurred and the subsequent
assessment of double antidumping
duties.
Notification Regarding Administrative
Protective Orders
This notice also serves as a reminder
to parties subject to administrative
protective orders (‘‘APO’’) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under an 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 terms of an APO is a
violation which is subject to sanction.
This notice is issued and published in
accordance with section 751(a)(1) of the
Act and 19 CFR 351.213(d)(4).
Dated: July 13, 2016.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
Appendix
•
•
•
•
Jinko Solar Co., Ltd.
Jinko Solar Import and Export Co., Ltd.
JinkoSolar International Limited
Yingli Green Energy International Trading
Company Limited
• Zhejiang Jinko Solar Co., Ltd.
[FR Doc. 2016–17302 Filed 7–20–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–880]
Heavy Walled Rectangular Welded
Carbon Steel Pipes and Tubes 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 heavy
walled rectangular welded carbon steel
pipes and tubes (HWR pipes and tubes)
AGENCY:
E:\FR\FM\21JYN1.SGM
21JYN1
47348
Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Notices
from the Republic of Korea (Korea) are
being, or are likely to be, sold in the
United States at less than fair value
(LTFV), as provided in section 735(a) of
the Tariff Act of 1930, as amended (the
Act). The period of investigation (POI)
is July 1, 2014, through June 30, 2015.
The final dumping margins of sales at
LTFV are listed below in the ‘‘Final
Determination’’ section of this notice.
DATES: Effective July 21, 2016.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Eastwood or Alice
Maldonado, AD/CVD Operations, Office
II, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–3874 or (202) 482–4682,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 1, 2016, the Department
published the Preliminary
Determination of sales at LTFV of HWR
pipes and tubes from Korea.1 A
summary of the events that occurred
since the Department published the
Preliminary Determination, as well as a
full discussion of the issues raised by
parties for this final determination, may
be found in the Issues and Decision
Memorandum, which is hereby adopted
by this notice.2
Scope of the Investigation
The scope of the investigation covers
HWR pipes and tubes of rectangular
(including square) cross section, having
a nominal wall thickness of not less
than 4 mm. For a complete description
of the scope of the investigation, see
Appendix I.
Analysis of Comments Received
asabaliauskas on DSK3SPTVN1PROD with NOTICES
All issues raised in the case and
rebuttal briefs by parties in this
investigation are addressed in the Issues
and Decision Memorandum. A list of
the issues raised is attached to this
notice as Appendix II. The Issues and
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
1 See Heavy Walled Rectangular Welded Carbon
Steel Pipes and Tubes From the Republic of Korea:
Final Determination of Sales at Less Than Fair
Value, 81 FR 10585 (March 1, 2016) (Preliminary
Determination).
2 See Memorandum to Paul Piquado, ‘‘Issues and
Decision Memorandum for the Final Affirmative
Determination in the Less-Than-Fair-Value
Investigation of Heavy Walled Rectangular Welded
Carbon Steel Pipes and Tubes From the Republic
of Korea,’’ dated concurrently with this notice
(Issues and Decision Memorandum).
VerDate Sep<11>2014
17:15 Jul 20, 2016
Jkt 238001
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 B–8024 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 and
electronic versions of the Issues and
Decision Memorandum are identical in
content.
Verification
As provided in section 782(i) of the
Act, in February and March 2016, we
verified the sales and cost information
submitted by mandatory respondents
Dong-A Steel Company (DOSCO) and
HiSteel Co., Ltd (HiSteel) 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 DOSCO and
HiSteel.3
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
established for exporters and producers
individually investigated excluding any
zero or de minimis margins, and
margins determined entirely under
section 776 of the Act. For the final
determination, the Department
calculated the ‘‘all others’’ rate based on
a weighted average of DOSCO’s and
HiSteel’s margins using publicly-ranged
quantities of their sales of subject
merchandise.4
Final Determination
The final weighted-average dumping
margins are as follows:
Exporter/Manufacturer
Weightedaverage
dumping
margin
(percent)
Changes Since the Preliminary
Determination
Dong-A Steel Company ........
HiSteel Co., Ltd ....................
All Others ..............................
Based on our analysis of the
comments received and our findings at
verification, we made certain changes to
the margin calculations for DOSCO and
HiSteel. For a discussion of these
changes, see the ‘‘Margin Calculations’’
section of the Issues and Decision
Memorandum.
Disclosure
We will disclose the calculations
performed within five days of the date
of publication of this notice to parties in
this proceeding in accordance with 19
CFR 351.224(b).
3 See Memorandum to the File from Alice
Maldonado and Elizabeth Eastwood, Senior
Analysts, and Whitley Herndon, Analyst, entitled,
‘‘Verification of the Sales Response of DOSCO
America, Inc. in the Antidumping Duty
Investigation of Heavy Walled Rectangular Welded
Carbon Steel Pipes and Tubes From Korea,’’ dated
April 6, 2016; Memorandum to the file from Alice
Maldonado and Elizabeth Eastwood, Senior
Analysts, and Whitley Herndon, Analyst, entitled,
‘‘Verification of the Sales Response of Dong-A Steel
Company in the Antidumping Duty Investigation of
Heavy Walled Rectangular Welded Carbon Steel
Pipes and Tubes From Korea,’’ dated April 8, 2016;
Memorandum to the File, from Heidi K. Schriefer
and Kristin Case, Senior Accountants, entitled,
‘‘Verification of the Cost Response of Dong-A Steel
Company in the Antidumping Duty Less Than Fair
Value Investigation of Heavy Walled Rectangular
Welded Carbon Steel Pipes and Tubes From the
Republic of Korea,’’ dated April 5, 2016;
Memorandum to the file from Elizabeth Eastwood
and Alice Maldonado, Senior Analysts, and Whitley
Herndon, Analyst, entitled, ‘‘Verification of the
Sales Response of HiSteel Co., Ltd. in the
Antidumping Duty Investigation of Heavy Walled
Rectangular Welded Carbon Steel Pipes and Tubes
From Korea,’’ dated April 6, 2016; and
Memorandum to the File, from Kristin L. Case,
Senior Accountant, entitled, ‘‘Verification of the
Cost Response of HiSteel Co., Ltd. in the Less-ThanFair-Value Investigation of Heavy Walled
Rectangular Welded Carbon Steel Pipes and Tubes
From the Republic of Korea,’’ dated April 6, 2016.
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
2.34
3.82
3.24
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
HWR pipes and tubes from Korea, as
described in Appendix I of this notice,
which were entered, or withdrawn from
4 See Memorandum to the File from Alice
Maldonado, Senior Analyst, entitled, ‘‘Heavy
Walled Rectangular Welded Carbon Steel Pipes and
Tubes from the Republic of Korea: Calculation of
the Final Margin for All Other Companies,’’ dated
July 14, 2016. With two respondents, we normally
calculate (A) a weighted-average of the dumping
margins calculated for the mandatory respondents;
(B) a simple average of the dumping margins
calculated for the mandatory respondents; and (C)
a weighted-average of the dumping margins
calculated for the mandatory respondents using
each company’s publicly-ranged values for the
merchandise under consideration. We compare (B)
and (C) to (A) and select the rate closest to (A) as
the most appropriate rate for all other companies.
See Ball Bearings and Parts Thereof From France,
Germany, Italy, Japan, and the United Kingdom:
Final Results of Antidumping Duty Administrative
Reviews, Final Results of Changed-Circumstances
Review, and Revocation of an Order in Part, 75 FR
53661, 53663 (September 1, 2010).
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Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Notices
warehouse, for consumption on or after
March 1, 2016, 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 estimated amount by which the
normal value exceeds the U.S. price as
shown above.
International Trade Commission (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
HWR pipes and tubes 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.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
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.
Scope of the Investigation
The products covered by this investigation
are certain heavy walled rectangular welded
steel pipes and tubes of rectangular
(including square) cross section, having a
nominal wall thickness of not less than 4
Jkt 238001
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Margin Calculations
V. Discussion of the Issues
1. U.S. Date of Sale
2. Weight Basis for Comparison
Methodology
3. Costs for Non-Prime Merchandise
4. Differential Pricing Rulemaking
5. Differential Pricing Patterns and a
Meaningful Difference
6. Verification Corrections
7. DOSCO’s Constructed Export (CEP)
Offset Claim
8. Raw Material Costs for DOSCO
VI. Recommendation
[FR Doc. 2016–17313 Filed 7–20–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
[C–489–825]
Appendix I
17:15 Jul 20, 2016
Appendix II
International Trade Administration
Dated: July 14, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
VerDate Sep<11>2014
mm. The merchandise includes, but is not
limited to, the American Society for Testing
and Materials (ASTM) A–500, grade B
specifications, or comparable domestic or
foreign specifications.
Included products are those in which: (1)
Iron predominates, by weight, over each of
the other contained elements; (2) the carbon
content is 2 percent or less, by weight; and
(3) none of the elements below exceeds the
quantity, by weight, respectively indicated:
• 2.50 percent of manganese, or
• 3.30 percent of silicon, or
• 1.50 percent of copper, or
• 1.50 percent of aluminum, or
• 1.25 percent of chromium, or
• 0.30 percent of cobalt, or
• 0.40 percent of lead, or
• 2.0 percent of nickel, or
• 0.30 percent of tungsten, or
• 0.80 percent of molybdenum, or
• 0.10 percent of niobium (also called
columbium), or
• 0.30 percent of vanadium, or
• 0.30 percent of zirconium.
The subject merchandise is currently
provided for in item 7306.61.1000 of the
Harmonized Tariff Schedule of the United
States (HTSUS). Subject merchandise may
also enter under HTSUS 7306.61.3000. While
the HTSUS subheadings and ASTM
specification are provided for convenience
and customs purposes, the written
description of the scope of this investigation
is dispositive.
Heavy Walled Rectangular Welded
Carbon Steel Pipes and Tubes From
the Republic of Turkey: Final
Affirmative Countervailing Duty
Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
PO 00000
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Fmt 4703
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47349
The Department of Commerce
(the Department) determines that
countervailable subsidies are being
provided to producers and exporters of
heavy walled rectangular welded carbon
steel pipes and tubes (HWR pipes and
tubes) from the Republic of Turkey
(Turkey) as provided in section 705 of
the Tariff Act of 1930, as amended (the
Act). For information on the estimated
subsidy rates, see the ‘‘Final
Determination’’ section of this notice.
The period of investigation (POI) is
January 1, 2014, through December 31,
2014.
DATES: Effective July 21, 2016.
FOR FURTHER INFORMATION CONTACT:
Brian Smith or Aqmar Rahman, AD/
CVD Operations, Office II, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone (202) 482–1766 or (202) 482–
0768, respectively.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
The Department published the
Preliminary Determination on December
28, 2015.1 A summary of the events that
occurred since the Department issued
the Preliminary Determination may be
found in the Issues and Decision
Memorandum which is hereby
incorporated.2 Additionally, this
memorandum details the changes we
made since the Preliminary
Determination to the subsidy rates
calculated for the mandatory
respondents and all other producer/
exporters. 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
1 See Heavy Walled Rectangular Welded Carbon
Steel Pipes and Tubes From the Republic of Turkey:
Preliminary Affirmative Countervailing Duty
Investigation and Alignment of Final Determination
With Final Antidumping Duty Determination, 80 FR
80749 (December 28, 2015) (Preliminary
Determination).
2 See Memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, ‘‘Countervailing Duty Investigation of
Heavy Walled Rectangular Carbon Steel Pipes and
Tubes from the Republic of Turkey: Issues and
Decision Memorandum for the Final
Determination,’’ dated concurrently with this notice
(Issues and Decision Memorandum).
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]]>Agencies
[Federal Register Volume 81, Number 140 (Thursday, July 21, 2016)]
[Notices]
[Pages 47347-47349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17313]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-880]
Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes 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
heavy walled rectangular welded carbon steel pipes and tubes (HWR pipes
and tubes)
[[Page 47348]]
from the Republic of Korea (Korea) are being, or are likely to be, sold
in the United States at less than fair value (LTFV), as provided in
section 735(a) of the Tariff Act of 1930, as amended (the Act). The
period of investigation (POI) is July 1, 2014, through June 30, 2015.
The final dumping margins of sales at LTFV are listed below in the
``Final Determination'' section of this notice.
DATES: Effective July 21, 2016.
FOR FURTHER INFORMATION CONTACT: Elizabeth Eastwood or Alice Maldonado,
AD/CVD Operations, Office II, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3874 or (202) 482-4682, respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 1, 2016, the Department published the Preliminary
Determination of sales at LTFV of HWR pipes and tubes from Korea.\1\ A
summary of the events that occurred since the Department published the
Preliminary Determination, as well as a full discussion of the issues
raised by parties for this final determination, may be found in the
Issues and Decision Memorandum, which is hereby adopted by this
notice.\2\
---------------------------------------------------------------------------
\1\ See Heavy Walled Rectangular Welded Carbon Steel Pipes and
Tubes From the Republic of Korea: Final Determination of Sales at
Less Than Fair Value, 81 FR 10585 (March 1, 2016) (Preliminary
Determination).
\2\ See Memorandum to Paul Piquado, ``Issues and Decision
Memorandum for the Final Affirmative Determination in the Less-Than-
Fair-Value Investigation of Heavy Walled Rectangular Welded Carbon
Steel Pipes and Tubes From the Republic of Korea,'' dated
concurrently with this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The scope of the investigation covers HWR pipes and tubes of
rectangular (including square) cross section, having a nominal wall
thickness of not less than 4 mm. 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.
A list of the issues raised is attached to this notice as Appendix II.
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 B-8024
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 and
electronic versions of the Issues and Decision Memorandum are identical
in content.
Verification
As provided in section 782(i) of the Act, in February and March
2016, we verified the sales and cost information submitted by mandatory
respondents Dong-A Steel Company (DOSCO) and HiSteel Co., Ltd (HiSteel)
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 DOSCO and
HiSteel.\3\
---------------------------------------------------------------------------
\3\ See Memorandum to the File from Alice Maldonado and
Elizabeth Eastwood, Senior Analysts, and Whitley Herndon, Analyst,
entitled, ``Verification of the Sales Response of DOSCO America,
Inc. in the Antidumping Duty Investigation of Heavy Walled
Rectangular Welded Carbon Steel Pipes and Tubes From Korea,'' dated
April 6, 2016; Memorandum to the file from Alice Maldonado and
Elizabeth Eastwood, Senior Analysts, and Whitley Herndon, Analyst,
entitled, ``Verification of the Sales Response of Dong-A Steel
Company in the Antidumping Duty Investigation of Heavy Walled
Rectangular Welded Carbon Steel Pipes and Tubes From Korea,'' dated
April 8, 2016; Memorandum to the File, from Heidi K. Schriefer and
Kristin Case, Senior Accountants, entitled, ``Verification of the
Cost Response of Dong-A Steel Company in the Antidumping Duty Less
Than Fair Value Investigation of Heavy Walled Rectangular Welded
Carbon Steel Pipes and Tubes From the Republic of Korea,'' dated
April 5, 2016; Memorandum to the file from Elizabeth Eastwood and
Alice Maldonado, Senior Analysts, and Whitley Herndon, Analyst,
entitled, ``Verification of the Sales Response of HiSteel Co., Ltd.
in the Antidumping Duty Investigation of Heavy Walled Rectangular
Welded Carbon Steel Pipes and Tubes From Korea,'' dated April 6,
2016; and Memorandum to the File, from Kristin L. Case, Senior
Accountant, entitled, ``Verification of the Cost Response of HiSteel
Co., Ltd. in the Less-Than-Fair-Value Investigation of Heavy Walled
Rectangular Welded Carbon Steel Pipes and Tubes From the Republic of
Korea,'' dated April 6, 2016.
---------------------------------------------------------------------------
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
DOSCO and HiSteel. 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 established for exporters
and producers individually investigated excluding any zero or de
minimis margins, and margins determined entirely under section 776 of
the Act. For the final determination, the Department calculated the
``all others'' rate based on a weighted average of DOSCO's and
HiSteel's margins using publicly-ranged quantities of their sales of
subject merchandise.\4\
---------------------------------------------------------------------------
\4\ See Memorandum to the File from Alice Maldonado, Senior
Analyst, entitled, ``Heavy Walled Rectangular Welded Carbon Steel
Pipes and Tubes from the Republic of Korea: Calculation of the Final
Margin for All Other Companies,'' dated July 14, 2016. With two
respondents, we normally calculate (A) a weighted-average of the
dumping margins calculated for the mandatory respondents; (B) a
simple average of the dumping margins calculated for the mandatory
respondents; and (C) a weighted-average of the dumping margins
calculated for the mandatory respondents using each company's
publicly-ranged values for the merchandise under consideration. We
compare (B) and (C) to (A) and select the rate closest to (A) as the
most appropriate rate for all other companies. See Ball Bearings and
Parts Thereof From France, Germany, Italy, Japan, and the United
Kingdom: Final Results of Antidumping Duty Administrative Reviews,
Final Results of Changed-Circumstances Review, and Revocation of an
Order in Part, 75 FR 53661, 53663 (September 1, 2010).
---------------------------------------------------------------------------
Final Determination
The final weighted-average dumping margins are as follows:
------------------------------------------------------------------------
Weighted-
average
Exporter/Manufacturer dumping
margin
(percent)
------------------------------------------------------------------------
Dong-A Steel Company.................................... 2.34
HiSteel Co., Ltd........................................ 3.82
All Others.............................................. 3.24
------------------------------------------------------------------------
Disclosure
We will disclose the calculations performed within five days of the
date of publication of this notice to parties in this proceeding in
accordance with 19 CFR 351.224(b).
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 HWR pipes and tubes
from Korea, as described in Appendix I of this notice, which were
entered, or withdrawn from
[[Page 47349]]
warehouse, for consumption on or after March 1, 2016, 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 estimated amount by which the normal value exceeds the
U.S. price as shown above.
International Trade Commission (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 HWR pipes and tubes 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: July 14, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The products covered by this investigation are certain heavy
walled rectangular welded steel pipes and tubes of rectangular
(including square) cross section, having a nominal wall thickness of
not less than 4 mm. The merchandise includes, but is not limited to,
the American Society for Testing and Materials (ASTM) A-500, grade B
specifications, or comparable domestic or foreign specifications.
Included products are those in which: (1) Iron predominates, by
weight, over each of the other contained elements; (2) the carbon
content is 2 percent or less, by weight; and (3) none of the
elements below exceeds the quantity, by weight, respectively
indicated:
2.50 percent of manganese, or
3.30 percent of silicon, or
1.50 percent of copper, or
1.50 percent of aluminum, or
1.25 percent of chromium, or
0.30 percent of cobalt, or
0.40 percent of lead, or
2.0 percent of nickel, or
0.30 percent of tungsten, or
0.80 percent of molybdenum, or
0.10 percent of niobium (also called columbium), or
0.30 percent of vanadium, or
0.30 percent of zirconium.
The subject merchandise is currently provided for in item
7306.61.1000 of the Harmonized Tariff Schedule of the United States
(HTSUS). Subject merchandise may also enter under HTSUS
7306.61.3000. While the HTSUS subheadings and ASTM specification 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
I. Summary
II. Background
III. Scope of the Investigation
IV. Margin Calculations
V. Discussion of the Issues
1. U.S. Date of Sale
2. Weight Basis for Comparison Methodology
3. Costs for Non-Prime Merchandise
4. Differential Pricing Rulemaking
5. Differential Pricing Patterns and a Meaningful Difference
6. Verification Corrections
7. DOSCO's Constructed Export (CEP) Offset Claim
8. Raw Material Costs for DOSCO
VI. Recommendation
[FR Doc. 2016-17313 Filed 7-20-16; 8:45 am]
BILLING CODE 3510-DS-P
