Certain Oil Country Tubular Goods From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2014-2015, 71074-71076 [2016-24800]
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71074
Federal Register / Vol. 81, No. 199 / Friday, October 14, 2016 / Notices
e. Comparisons to Normal Value
f. Determination of Comparison Method
g. Results of Differential Pricing Analysis
h. Date of Sale
i. U.S. Price
j. Normal Value
k. Factor Valuations
l. Currency Conversion
5. Recommendation
[FR Doc. 2016–24797 Filed 10–13–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–870]
Certain Oil Country Tubular Goods
From the Republic of Korea:
Preliminary Results of Antidumping
Duty Administrative Review; 2014–
2015
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is conducting an
administrative review of the
antidumping duty order on certain oil
country tubular goods (OCTG) from the
Republic of Korea (Korea). The period of
review (POR) is July 18, 2014, through
August 31, 2015. The Department
preliminarily determines that the
producers or exporters subject to the
review, including the mandatory
respondents NEXTEEL Co. Ltd.
(NEXTEEL) and SeAH Steel Corporation
(SeAH), made sales of subject
merchandise at less than normal value.
We invite interested parties to comment
on these preliminary results.
DATES: Effective October 14, 2016.
FOR FURTHER INFORMATION CONTACT:
Victoria Cho or Deborah Scott, AD/CVD
Operations, Office VI, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–5075 or (202) 482–
2657, respectively.
SUPPLEMENTARY INFORMATION:
rmajette on DSK2TPTVN1PROD with NOTICES
AGENCY:
Background
On September 1, 2015, we published
in the Federal Register a notice of
opportunity to request an administrative
review of the order.1 As explained in the
memorandum from the Acting Assistant
Secretary for Enforcement and
Compliance, the Department has
exercised its discretion to toll all
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
To Request Administrative Review, 80 FR 52741
(September 1, 2015).
VerDate Sep<11>2014
14:29 Oct 13, 2016
Jkt 241001
administrative deadlines by four
business days due to the closure of the
Federal Government during Snowstorm
Jonas.2 On February 12, 2016, we
selected as mandatory respondents the
two exporters or producers accounting
for the largest volume of OCTG from
Korea during the POR (i.e., in
alphabetical order, NEXTEEL and
SeAH).3 On May 31, 2016, we fully
extended the preliminary results by 120
days.4
Scope of the Order
The merchandise covered by the order
is certain OCTG, which are hollow steel
products of circular cross-section,
including oil well casing and tubing, of
iron (other than cast iron) or steel (both
carbon and alloy), whether seamless or
welded, regardless of end finish (e.g.,
whether or not plain end, threaded, or
threaded and coupled) whether or not
conforming to American Petroleum
Institute (API) or non-API
specifications, whether finished
(including limited service OCTG
products) or unfinished (including
green tubes and limited service OCTG
products), whether or not thread
protectors are attached. The scope of the
order also covers OCTG coupling stock.
For a complete description of the scope
of the order, see the Preliminary
Decision Memorandum.5
Methodology
The Department is conducting this
administrative review in accordance
with section 751(a)(2) of the Tariff Act
of 1930, as amended (the Act). Export
price and constructed export price are
calculated in accordance with section
772 of the Act. Normal value is
calculated in accordance with section
773 of the Act.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum. The
2 See Memorandum to the Record from Ron
Lorentzen, Acting A/S for Enforcement &
Compliance, regarding ‘‘Tolling of Administrative
Deadlines As a Result of the Government Closure
During Snowstorm Jonas,’’ dated January 27, 2016.
3 See the Department’s Memorandum entitled,
‘‘Antidumping Duty Administrative Review of
Certain Oil Country Tubular Goods from the
Republic of Korea: Respondent Selection
Memorandum,’’ dated February 12, 2016
(Respondent Selection Memo).
4 See the Memoradum to Christian Marsh
entitled, ‘‘Oil Country Tubular Goods from the
Republic of Korea: Extension of Time Limit for
Preliminary Results of Antidumping Duty
Administrative Review,’’ dated May 31, 2016.
5 See the accompanying Decision Memorandum
for the Preliminary Results of Antidumping Duty
Administrative Review: Certain Oil Country
Tubular Goods from the Republic of Korea, dated
October 5, 2016 (Preliminary Decision
Memorandum).
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Fmt 4703
Sfmt 4703
Preliminary Decision Memorandum is a
public document and is made available
to the public 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
Preliminary Decision Memorandum can
be found at https://
enforcement.trade.gov/frn/.
The signed and electronic versions of
the Preliminary Decision Memorandum
are identical in content. A list of the
topics discussed in the Preliminary
Decision Memorandum is attached as
Appendix 1 to this notice.
Preliminary Determination of No
Shipments
Among the companies under review,
certain companies properly filed
statements reporting that they made no
shipments of subject merchandise to the
United States during the POR.6 Based
on the certifications submitted by these
companies and our analysis of
information from U.S. Customs and
Border Protection (CBP), we
preliminarily determine that the
following companies had no shipments
during the POR: Hyundai Glovis,
Hyundai Mobis, Hyundai RB, Kolon
Global, POSCO Plantec, and Samsung
C&T Corporation.
For a full explanation of the
Department’s analysis, see the
Preliminary Decision Memorandum.
The Department finds that it is not
appropriate to preliminarily rescind the
review with respect to these companies
but, rather, intends to complete the
review with respect to these companies
and issue appropriate instructions to
CBP based on the final results of this
review.
6 See Letter from Hyundai Steel Company to the
Department (certifying that its affiliates Hyundai
Glovis, Hyundai Mobis, and Hyundai RB had no
exports, sales or entries of subject merchandise to
the United States during the POR), dated December
9, 2015; Letter from Kolon Global to the
Department, dated December 9, 2015; Letter from
POSCO Plantec to the Department, dated December
9, 2015; and Letter from Samsung C&T Corporation
to the Department, dated December 9, 2015. One
other company, POSCO Processing & Service Co.,
Ltd., submitted a letter stating that it had no
exports, sales or entries of subject merchandise to
the United States during the POR. See Letter from
POSCO Processing & Service Co., Ltd. to the
Department, dated December 9, 2015. However, no
company with this specific name was listed in the
Initiation Notice. See Initiation Notice, 80 FR at
69195–6.
E:\FR\FM\14OCN1.SGM
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Federal Register / Vol. 81, No. 199 / Friday, October 14, 2016 / Notices
Rates for Non-Examined Companies
The statute and the Department’s
regulations do not address the
establishment of a rate to be applied to
companies not selected for examination
when the Department limits its
examination in an administrative review
pursuant to section 777A(c)(2) of the
Act. Generally, the Department looks to
section 735(c)(5) of the Act, which
provides instructions for calculating the
all-others rate in a market economy
investigation, for guidance when
calculating the rate for companies
which were not selected for individual
examination in an administrative
review. Under section 735(c)(5)(A) of
the Act, the all-others rate is normally
‘‘an amount equal to the weightedaverage of the estimated weightedaverage dumping margins established
for exporters and producers
individually investigated, excluding any
zero or de minimis margins, and any
margins determined entirely {on the
basis of facts available}.’’
In this review, we have preliminarily
calculated weighted-average dumping
margins for NEXTEEL and SeAH that
are not zero, de minimis, or determined
entirely on the basis of facts available.
Accordingly, the Department
preliminarily has assigned to the
companies not individually examined
(see Appendix 2 for a full list of these
companies) a margin of 5.92 percent,
which is the simple average 7 of
NEXTEEL’s and SeAH’s calculated
weighted-average dumping margins.
Preliminary Results of Review
The Department preliminarily
determines that the following weightedaverage dumping margins exist:
rmajette on DSK2TPTVN1PROD with NOTICES
Exporter or producer
Weighted-average dumping
margin
(percent)
days after the deadline for submission of
affirmative comments.
Disclosure, Public Comment, and
Opportunity To Request a Hearing
We intend to disclose the calculations
performed for these preliminary results
of review to the parties within five days
of the date of publication of this notice
in accordance with 19 CFR 351.224(b).
Pursuant to 19 CFR 351.309(c),
interested parties 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 no later than
five days after the date for filing case
briefs.8 Parties who submit case briefs or
rebuttal briefs in this proceeding 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.9
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, filed electronically via
the Department’s electronic records
system, ACCESS. An electronically filed
request must be received successfully in
its entirety by 5:00 p.m. Eastern Time
within 30 days after the date of
publication of this notice.10 Requests
should contain: (1) The party’s name,
address and telephone number; (2) the
number of participants; and (3) a list of
issues to be discussed. Issues raised in
the hearing will be limited to those
raised in the respective case briefs. The
Department intends to issue the final
results of this administrative review,
including the results of its analysis of
the issues raised in any written briefs,
not later than 120 days after the date of
publication of this notice, pursuant to
section 751(a)(3)(A) of the Act.
Assessment Rates
Upon completion of the
NEXTEEL Co., Ltd. ..............
8.04 administrative review, the Department
SeAH Steel Corporation .......
3.80 shall determine, and CBP shall assess,
Non-examined companies ....
5.92 antidumping duties on all appropriate
entries. We intend to issue liquidation
Public Comment on Allegations of a
instructions to CBP 15 days after
Particular Market Situation
publication of the final results of this
review.
The Department intends to further
For any individually examined
consider allegations of a particular
respondent whose weighted-average
market situation in this proceeding. We
dumping margin is not zero or de
invite parties to submit comments and
minimis (i.e., less than 0.5 percent) in
arguments on these allegations no later
the final results of this review, we will
than 14 days after the date of
calculate importer-specific assessment
publication of this notice. Rebuttal
comments will be due no later than five rates on the basis of the ratio of the total
amount of dumping calculated for the
7 We calculated the all-others rate using a simple
average of the dumping margins calculated for the
mandatory respondents because complete publicly
ranged sales data were not available.
VerDate Sep<11>2014
14:29 Oct 13, 2016
Jkt 241001
8 See
19 CFR 351.309(d).
19 CFR 351.309(c)(2) and (d)(2).
10 See 19 CFR 351.310(c).
9 See
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Sfmt 4703
71075
examined sales made to each importer
and the total entered value of those
sales, in accordance with 19 CFR
351.212(b)(1). Where an importerspecific ad valorem assessment rate is
zero or de minimis in the final results
of review, 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 respodent’s weighted-average
dumping margin is zero or de minimis
in the final results of review, we will
instruct CBP not to assess duties on any
of its entries in accordance with the
Final Modification for Reviews, i.e.,
‘‘{w}here the weighted-average margin
of dumping for the exporter is
determined to be zero or de minimis, no
antidumping duties will be assessed.’’ 11
For entries of subject merchandise
during the POR produced by NEXTEEL
or SeAH for which the producer did not
know its merchandise was destined for
the United States or for any respondent
for which we have a final determination
of no shipments, we will instruct CBP
to liquidate unreviewed entries at the
all-others rate if there is no rate for the
intermediate company(ies) involved in
the transaction.12
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the notice of final results
of this review for all shipments of OCTG
from Korea entered, or withdrawn from
warehouse, for consumption on or after
the date of publication, as provided by
section 751(a)(2) of the Act: (1) The cash
deposit rate for the companies listed in
the final results of review, will be equal
to the weighted-average dumping
margin established in the final results of
this administrative review; (2) for
merchandise exported by producers 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 from a completed segment for
the most recent period; (3) if the
exporter is not a firm covered in this
review, a prior review, or the original
investigation but the producer is, the
cash deposit rate will be the rate
established from a completed segment
for the most recent period for the
producer of the merchandise; (4) the
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).
12 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
E:\FR\FM\14OCN1.SGM
14OCN1
71076
Federal Register / Vol. 81, No. 199 / Friday, October 14, 2016 / Notices
cash deposit rate for all other producers
or exporters will continue to be 5.24
percent,13 the all-others rate established
in the less-than-fair-value investigation.
These cash 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 POR.
Failure to comply with this requirement
could result in the Department’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
Notification to Interested Parties
The Department is issuing and
publishing these results in accordance
with sections 751(a)(1) and 777(i) of the
Act.
Dated: October 5, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
rmajette on DSK2TPTVN1PROD with NOTICES
Appendix 2
List of Companies Not Individually
Examined
A.R. Williams Materials
AJU Besteel Co., Ltd.
AK Steel
BDP International
Cantak Corporation
Daewoo International Corporation
Dong-A Steel Co., Ltd.
Dong Yang Steel Pipe
Dongbu Incheon Steel
Dongbu Steel Co., Ltd.
Dongkuk S and C
DSEC
EEW Korea
Erndtebruecker Eisenwerk and Company
GS Global
H K Steel
Hansol Metal
13 See Certain Oil Country Tubular Goods From
the Republic of Korea: Notice of Court Decision Not
in Harmony With Final Determination, 81 FR 59603
(August 30, 2016).
Jkt 241001
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
RIN 0648–XD990
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Summary
2. Background
3. Scope of Order
4. Preliminary Determination of No
Shipments
5. Rates for Non-Examined Companies
6. Affiliation
7. Discussion of the Methodology
8. Currency Conversion
9. Recommendation
14:29 Oct 13, 2016
[FR Doc. 2016–24800 Filed 10–13–16; 8:45 am]
National Oceanic and Atmospheric
Administration
Appendix 1
VerDate Sep<11>2014
HG Tubulars Canada Ltd.
Husteel Co., Ltd.
Hyundai HYSCO 14
Hyundai HYSCO Co., Ltd.
Hyundai Steel Company
Hyundai Steel Co., Ltd.
ILJIN Steel Corporation
Kukbo Logix
Kukje Steel
Kumkang Industrial Co., Ltd.
McJunkin Red Man Tubular
NEXTEEL Q&T
Nippon Arwwl and Aumikin Vuaan Korea
Co., Ltd.
Phocennee
POSCO Processing and Acy Service
Samson
Sedae Entertech
Steel Canada
Steel Flower
Steelpia
Sung Jin
TGS Pipe
Toyota Tsusho Corporation
UNI Global Logistics
Yonghyun Base Materials
Atlantic Highly Migratory Species;
Essential Fish Habitat
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public hearings.
AGENCY:
On September 8, 2016, NMFS
published a notice of availability of the
Draft Environmental Assessment for
Amendment 10 to the 2006
Consolidated Atlantic Highly Migratory
Species (HMS) Fishery Management
Plan (FMP). The purpose of this Draft
Amendment is to update Atlantic HMS
Essential Fish Habitat (EFH) with recent
information following the EFH
delineation methodology established in
Amendment 1 to the 2006 Consolidated
Atlantic HMS FMP (Amendment 1);
update and consider new Habitat Areas
of Particular Concern (HAPCs) for
Atlantic bluefin tuna and sandbar,
SUMMARY:
14 On September 21, 2016, the Department
published the final results of a changed
circumstances review with respect to OCTG from
Korea, finding that Hyundai Steel is the successorin-interest to Hyundai HYSCO for purposes of
determining antidumping duty cash deposits and
liabilities. See Notice of Final Results of
Antidumping Duty Changed Circumstances Review:
Oil Country Tubular Goods From the Republic of
Korea, 81 FR 64873 (September 21, 2016). Hyundai
Steel Company is also known as Hyundai Steel
Corporation and Hyundai Steel Co. Ltd.
PO 00000
Frm 00038
Fmt 4703
Sfmt 4703
lemon, and sand tiger sharks based on
recent information, as warranted;
minimize to the extent practicable the
adverse effects of fishing and nonfishing activities on EFH; and identify
other actions to encourage the
conservation and enhancement of EFH.
NMFS announces two public hearing
conference calls/webinars to allow
opportunities for interested members of
the public from all geographic areas to
submit verbal comments on Draft
Amendment 10.
DATES: NMFS will host public hearing
conference calls/webinars on November
10, 2016, from 3 to 5 p.m. EST and
November 18, 2016, from 10 a.m. to 12
p.m. EST. Written comments on Draft
Amendment 10 will be accepted until
December 22, 2016.
ADDRESSES: Two public hearing
conference calls/webinars will be
conducted. See SUPPLEMENTARY
INFORMATION for information on how to
access the conference calls/webinars.
More information about Draft
Amendment 10, including how to
submit written comments, may be found
at https://www.fisheries.noaa.gov/sfa/
hms/documents/fmp/am10/.
FOR FURTHER INFORMATION CONTACT:
Jennifer Cudney or Randy Blankinship
at (727) 824–5399.
SUPPLEMENTARY INFORMATION: The
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) includes
provisions concerning the identification
and conservation of EFH (16 U.S.C.
1801 et seq.). EFH is defined at 50 CFR
600.10 as ‘‘those waters and substrate
necessary to fish for spawning,
breeding, feeding, or growth to
maturity.’’ NMFS must identify and
describe EFH, minimize to the extent
practicable the adverse effects of fishing
on EFH, and identify actions to
encourage the conservation and
enhancement of EFH (§ 600.815(a)).
Federal agencies that authorize, fund, or
undertake actions that may adversely
affect EFH must consult with NMFS
(§ 600.920(a)), and NMFS must provide
comments and EFH conservation
recommendations to Federal or state
agencies regarding any such actions
(§ 600.905).
In addition to identifying and
describing EFH for managed fish
species, a review of EFH must be
completed every 5 years, and EFH
provisions must be revised or amended,
as warranted, based on the best
available scientific information. NMFS
announced the initiation of this review
and solicited information for
compilation for the draft review from
the public in a Federal Register notice
E:\FR\FM\14OCN1.SGM
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Agencies
[Federal Register Volume 81, Number 199 (Friday, October 14, 2016)]
[Notices]
[Pages 71074-71076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24800]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-870]
Certain Oil Country Tubular Goods From the Republic of Korea:
Preliminary Results of Antidumping Duty Administrative Review; 2014-
2015
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an
administrative review of the antidumping duty order on certain oil
country tubular goods (OCTG) from the Republic of Korea (Korea). The
period of review (POR) is July 18, 2014, through August 31, 2015. The
Department preliminarily determines that the producers or exporters
subject to the review, including the mandatory respondents NEXTEEL Co.
Ltd. (NEXTEEL) and SeAH Steel Corporation (SeAH), made sales of subject
merchandise at less than normal value. We invite interested parties to
comment on these preliminary results.
DATES: Effective October 14, 2016.
FOR FURTHER INFORMATION CONTACT: Victoria Cho or Deborah Scott, AD/CVD
Operations, Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
5075 or (202) 482-2657, respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 1, 2015, we published in the Federal Register a notice
of opportunity to request an administrative review of the order.\1\ As
explained in the memorandum from the Acting Assistant Secretary for
Enforcement and Compliance, the Department has exercised its discretion
to toll all administrative deadlines by four business days due to the
closure of the Federal Government during Snowstorm Jonas.\2\ On
February 12, 2016, we selected as mandatory respondents the two
exporters or producers accounting for the largest volume of OCTG from
Korea during the POR (i.e., in alphabetical order, NEXTEEL and
SeAH).\3\ On May 31, 2016, we fully extended the preliminary results by
120 days.\4\
---------------------------------------------------------------------------
\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review, 80 FR 52741 (September 1, 2015).
\2\ See Memorandum to the Record from Ron Lorentzen, Acting A/S
for Enforcement & Compliance, regarding ``Tolling of Administrative
Deadlines As a Result of the Government Closure During Snowstorm
Jonas,'' dated January 27, 2016.
\3\ See the Department's Memorandum entitled, ``Antidumping Duty
Administrative Review of Certain Oil Country Tubular Goods from the
Republic of Korea: Respondent Selection Memorandum,'' dated February
12, 2016 (Respondent Selection Memo).
\4\ See the Memoradum to Christian Marsh entitled, ``Oil Country
Tubular Goods from the Republic of Korea: Extension of Time Limit
for Preliminary Results of Antidumping Duty Administrative Review,''
dated May 31, 2016.
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the order is certain OCTG, which are
hollow steel products of circular cross-section, including oil well
casing and tubing, of iron (other than cast iron) or steel (both carbon
and alloy), whether seamless or welded, regardless of end finish (e.g.,
whether or not plain end, threaded, or threaded and coupled) whether or
not conforming to American Petroleum Institute (API) or non-API
specifications, whether finished (including limited service OCTG
products) or unfinished (including green tubes and limited service OCTG
products), whether or not thread protectors are attached. The scope of
the order also covers OCTG coupling stock. For a complete description
of the scope of the order, see the Preliminary Decision Memorandum.\5\
---------------------------------------------------------------------------
\5\ See the accompanying Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative Review: Certain Oil
Country Tubular Goods from the Republic of Korea, dated October 5,
2016 (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Methodology
The Department is conducting this administrative review in
accordance with section 751(a)(2) of the Tariff Act of 1930, as amended
(the Act). Export price and constructed export price are calculated in
accordance with section 772 of the Act. Normal value is calculated in
accordance with section 773 of the Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. The Preliminary
Decision Memorandum is a public document and is made available to the
public 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 Preliminary Decision Memorandum can be found at https://enforcement.trade.gov/frn/. The signed and electronic
versions of the Preliminary Decision Memorandum are identical in
content. A list of the topics discussed in the Preliminary Decision
Memorandum is attached as Appendix 1 to this notice.
Preliminary Determination of No Shipments
Among the companies under review, certain companies properly filed
statements reporting that they made no shipments of subject merchandise
to the United States during the POR.\6\ Based on the certifications
submitted by these companies and our analysis of information from U.S.
Customs and Border Protection (CBP), we preliminarily determine that
the following companies had no shipments during the POR: Hyundai
Glovis, Hyundai Mobis, Hyundai RB, Kolon Global, POSCO Plantec, and
Samsung C&T Corporation.
For a full explanation of the Department's analysis, see the
Preliminary Decision Memorandum. The Department finds that it is not
appropriate to preliminarily rescind the review with respect to these
companies but, rather, intends to complete the review with respect to
these companies and issue appropriate instructions to CBP based on the
final results of this review.
[[Page 71075]]
Rates for Non-Examined Companies
---------------------------------------------------------------------------
\6\ See Letter from Hyundai Steel Company to the Department
(certifying that its affiliates Hyundai Glovis, Hyundai Mobis, and
Hyundai RB had no exports, sales or entries of subject merchandise
to the United States during the POR), dated December 9, 2015; Letter
from Kolon Global to the Department, dated December 9, 2015; Letter
from POSCO Plantec to the Department, dated December 9, 2015; and
Letter from Samsung C&T Corporation to the Department, dated
December 9, 2015. One other company, POSCO Processing & Service Co.,
Ltd., submitted a letter stating that it had no exports, sales or
entries of subject merchandise to the United States during the POR.
See Letter from POSCO Processing & Service Co., Ltd. to the
Department, dated December 9, 2015. However, no company with this
specific name was listed in the Initiation Notice. See Initiation
Notice, 80 FR at 69195-6.
---------------------------------------------------------------------------
The statute and the Department's regulations do not address the
establishment of a rate to be applied to companies not selected for
examination when the Department limits its examination in an
administrative review pursuant to section 777A(c)(2) of the Act.
Generally, the Department looks to section 735(c)(5) of the Act, which
provides instructions for calculating the all-others rate in a market
economy investigation, for guidance when calculating the rate for
companies which were not selected for individual examination in an
administrative review. Under section 735(c)(5)(A) of the Act, the all-
others rate is normally ``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 any margins determined entirely {on the
basis of facts available{time} .''
In this review, we have preliminarily calculated weighted-average
dumping margins for NEXTEEL and SeAH that are not zero, de minimis, or
determined entirely on the basis of facts available. Accordingly, the
Department preliminarily has assigned to the companies not individually
examined (see Appendix 2 for a full list of these companies) a margin
of 5.92 percent, which is the simple average \7\ of NEXTEEL's and
SeAH's calculated weighted-average dumping margins.
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\7\ We calculated the all-others rate using a simple average of
the dumping margins calculated for the mandatory respondents because
complete publicly ranged sales data were not available.
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Preliminary Results of Review
The Department preliminarily determines that the following
weighted-average dumping margins exist:
------------------------------------------------------------------------
Weighted-
average
Exporter or producer dumping margin
(percent)
------------------------------------------------------------------------
NEXTEEL Co., Ltd........................................ 8.04
SeAH Steel Corporation.................................. 3.80
Non-examined companies.................................. 5.92
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Public Comment on Allegations of a Particular Market Situation
The Department intends to further consider allegations of a
particular market situation in this proceeding. We invite parties to
submit comments and arguments on these allegations no later than 14
days after the date of publication of this notice. Rebuttal comments
will be due no later than five days after the deadline for submission
of affirmative comments.
Disclosure, Public Comment, and Opportunity To Request a Hearing
We intend to disclose the calculations performed for these
preliminary results of review to the parties within five days of the
date of publication of this notice in accordance with 19 CFR
351.224(b). Pursuant to 19 CFR 351.309(c), interested parties 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 no later than five days after the date for filing
case briefs.\8\ Parties who submit case briefs or rebuttal briefs in
this proceeding 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.\9\
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\8\ See 19 CFR 351.309(d).
\9\ See 19 CFR 351.309(c)(2) and (d)(2).
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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, filed electronically via the
Department's electronic records system, ACCESS. An electronically filed
request must be received successfully in its entirety by 5:00 p.m.
Eastern Time within 30 days after the date of publication of this
notice.\10\ Requests should contain: (1) The party's name, address and
telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. Issues raised in the hearing will be limited to
those raised in the respective case briefs. The Department intends to
issue the final results of this administrative review, including the
results of its analysis of the issues raised in any written briefs, not
later than 120 days after the date of publication of this notice,
pursuant to section 751(a)(3)(A) of the Act.
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\10\ See 19 CFR 351.310(c).
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Assessment Rates
Upon completion of the administrative review, the Department shall
determine, and CBP shall assess, antidumping duties on all appropriate
entries. We intend to issue liquidation instructions to CBP 15 days
after publication of the final results of this review.
For any individually examined respondent whose 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 assessment rates on the basis of the ratio of the total amount
of dumping calculated for the examined sales made to each importer and
the total entered value of those sales, in accordance with 19 CFR
351.212(b)(1). Where an importer-specific ad valorem assessment rate is
zero or de minimis in the final results of review, 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 respodent's
weighted-average dumping margin is zero or de minimis in the final
results of review, we will instruct CBP not to assess duties on any of
its entries in accordance with the Final Modification for Reviews,
i.e., ``{w{time} here the weighted-average margin of dumping for the
exporter is determined to be zero or de minimis, no antidumping duties
will be assessed.'' \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).
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For entries of subject merchandise during the POR produced by
NEXTEEL or SeAH for which the producer did not know its merchandise was
destined for the United States or for any respondent for which we have
a final determination of no shipments, we will instruct CBP to
liquidate unreviewed entries at the all-others rate if there is no rate
for the intermediate company(ies) involved in the transaction.\12\
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\12\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the notice of final results of this review for all
shipments of OCTG from Korea entered, or withdrawn from warehouse, for
consumption on or after the date of publication, as provided by section
751(a)(2) of the Act: (1) The cash deposit rate for the companies
listed in the final results of review, will be equal to the weighted-
average dumping margin established in the final results of this
administrative review; (2) for merchandise exported by producers 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 from a completed segment for the most recent
period; (3) if the exporter is not a firm covered in this review, a
prior review, or the original investigation but the producer is, the
cash deposit rate will be the rate established from a completed segment
for the most recent period for the producer of the merchandise; (4) the
[[Page 71076]]
cash deposit rate for all other producers or exporters will continue to
be 5.24 percent,\13\ the all-others rate established in the less-than-
fair-value investigation. These cash deposit requirements, when
imposed, shall remain in effect until further notice.
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\13\ See Certain Oil Country Tubular Goods From the Republic of
Korea: Notice of Court Decision Not in Harmony With Final
Determination, 81 FR 59603 (August 30, 2016).
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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 POR. Failure to comply with this
requirement could result in the Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
The Department is issuing and publishing these results in
accordance with sections 751(a)(1) and 777(i) of the Act.
Dated: October 5, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix 1
List of Topics Discussed in the Preliminary Decision Memorandum
1. Summary
2. Background
3. Scope of Order
4. Preliminary Determination of No Shipments
5. Rates for Non-Examined Companies
6. Affiliation
7. Discussion of the Methodology
8. Currency Conversion
9. Recommendation
Appendix 2
List of Companies Not Individually Examined
A.R. Williams Materials
AJU Besteel Co., Ltd.
AK Steel
BDP International
Cantak Corporation
Daewoo International Corporation
Dong-A Steel Co., Ltd.
Dong Yang Steel Pipe
Dongbu Incheon Steel
Dongbu Steel Co., Ltd.
Dongkuk S and C
DSEC
EEW Korea
Erndtebruecker Eisenwerk and Company
GS Global
H K Steel
Hansol Metal
HG Tubulars Canada Ltd.
Husteel Co., Ltd.
Hyundai HYSCO \14\
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\14\ On September 21, 2016, the Department published the final
results of a changed circumstances review with respect to OCTG from
Korea, finding that Hyundai Steel is the successor-in-interest to
Hyundai HYSCO for purposes of determining antidumping duty cash
deposits and liabilities. See Notice of Final Results of Antidumping
Duty Changed Circumstances Review: Oil Country Tubular Goods From
the Republic of Korea, 81 FR 64873 (September 21, 2016). Hyundai
Steel Company is also known as Hyundai Steel Corporation and Hyundai
Steel Co. Ltd.
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Hyundai HYSCO Co., Ltd.
Hyundai Steel Company
Hyundai Steel Co., Ltd.
ILJIN Steel Corporation
Kukbo Logix
Kukje Steel
Kumkang Industrial Co., Ltd.
McJunkin Red Man Tubular
NEXTEEL Q&T
Nippon Arwwl and Aumikin Vuaan Korea Co., Ltd.
Phocennee
POSCO Processing and Acy Service
Samson
Sedae Entertech
Steel Canada
Steel Flower
Steelpia
Sung Jin
TGS Pipe
Toyota Tsusho Corporation
UNI Global Logistics
Yonghyun Base Materials
[FR Doc. 2016-24800 Filed 10-13-16; 8:45 am]
BILLING CODE 3510-DS-P