Certain Oil Country Tubular Goods From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2015-2016, 46963-46965 [2017-21749]
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Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Notices
Dated: October 3, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
Summary
Background
Scope of the Order
Determination of No Shipments for Pacific
Pipe
Discussion of the Issues
1. Whether to Disregard Saha Thai’s
Reported Pipe Specification/Grade
Designations
2. Whether to Adjust Saha Thai’s Reported
Coil Costs
3. Whether to Grant a Duty Drawback
Adjustment to Saha Thai
4. Whether to Revise the Date Range for
Saha Thai’s Home Market and U.S. Sales
[FR Doc. 2017–21747 Filed 10–6–17; 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; 2015–
2016
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 September 1, 2015
through August 31, 2016. This review
covers 31 producers/exporters of the
subject merchandise. The Department
preliminarily determines that NEXTEEL
Co., Ltd. (NEXTEEL) and SeAH Steel
Corporation (SeAH), the two companies
selected for individual examination,
sold subject merchandise in the United
States at prices below normal value
during the POR. We invite interested
parties to comment on these preliminary
results.
DATES: Applicable October 10, 2017.
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, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
sradovich on DSK3GMQ082PROD with NOTICES
AGENCY:
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17:26 Oct 06, 2017
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(202) 482–5075 or (202) 482–2657,
respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department initiated this
administrative review on November 9,
2016.1 We selected two mandatory
respondents in this review, NEXTEEL
and SeAH. For a detailed description of
the events that followed the initiation of
this review, see the Preliminary
Decision Memorandum, dated
concurrently with these preliminary
results and hereby adopted by this
notice.2
The Preliminary Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
Access to 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 accessed
directly on the Internet at https://
enforcement.trade.gov/frn/.
A list of the topics discussed in the
Preliminary Decision Memorandum is
attached to this notice as Appendix 1.
The signed Preliminary Decision
Memorandum and the electronic
versions of the Preliminary Decision
Memorandum are identical in content.
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 the full text of the scope of the
1 See
Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 81 FR
78778 (November 9, 2016).
2 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Antidumping Duty
Administrative Review: Certain Oil Country
Tubular Goods from the Republic of Korea; 2015–
2016,’’ dated October 2, 2017 (Preliminary Decision
Memorandum).
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46963
order, see the 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.
Preliminary Determination of No
Shipments
Among the companies under review,
Hyundai RB Co., Ltd. (Hyundai RB),
Samsung, Samsung C&T Corporation
(Samsung C&T), and SeAH Besteel
Corporation (SeAH Besteel) properly
filed certifications reporting that they
had no exports, sales, or entries of
subject merchandise to the United
States during the POR.3 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 Hyundai
RB, Samsung, Samsung C&T, and SeAH
Besteel had no shipments during the
POR. 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.
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
3 See Letter from Hyundai RB, ‘‘Oil Country
Tubular Goods from the Republic of Korea: No
Shipment Letter,’’ dated December 9, 2016; Letter
from Samsung and Samsung C&T, ‘‘Oil Country
Tubular Goods from the Republic of Korea: No
Shipment Letter,’’ dated December 9, 2016; and
Letter from SeAH Besteel, ‘‘Administrative Review
of the Antidumping Order on Oil Country Tubular
Goods from Korea for the 2015–16 Review Period—
No Shipments Letter,’’ dated December 7, 2016.
E:\FR\FM\10OCN1.SGM
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46964
Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Notices
argument: (1) A statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.6 Case and
rebuttal briefs should be filed using
ACCESS 7 and must be served on
interested parties.8 Executive
summaries should be limited to five
pages total, including footnotes.
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 of the date of publication
of this notice.9 Requests should contain:
(1) The party’s name, address and
telephone number; (2) the number of
participants; and (3) a list of issues
parties intend to discuss. Issues raised
in the hearing will be limited to those
raised in the respective case and
rebuttal briefs. If a request for a hearing
is made, the Department intends to hold
the hearing at the U.S. Department of
Preliminary Results of Review
Commerce, 1401 Constitution Avenue
The Department preliminarily
NW., Washington, DC 20230, at a date
determines that, for the period
and time to be determined.10 Parties
September 1, 2015 through August 31,
should confirm the date, time, and
2016, the following weighted-average
location of the hearing two days before
dumping margins exist:
the scheduled date.
The Department intends to issue the
Weightedfinal results of this administrative
average
review, including the results of its
Producer or exporter
dumping
analysis of the issues raised in any case
margin
or rebuttal briefs, no later than 120 days
(percent)
after the date of publication of this
NEXTEEL Co., Ltd. ..................
46.37 notice, unless extended.11
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 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 17.98 percent,
which is the weighted average of
NEXTEEL’s and SeAH’s calculated
weighted-average dumping margins.4
sradovich on DSK3GMQ082PROD with NOTICES
SeAH Steel Corporation ...........
Non-examined companies ........
6.66
19.68
Disclosure, Public Comment, and
Opportunity To Request a Hearing
We intend to disclose the calculations
performed for these preliminary results
of review to interested 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, the content of
which is limited to issues raised in the
case briefs, may be filed no later than
five days after the date for filing case
briefs.5 Parties who submit case briefs or
rebuttal briefs in this proceeding are
encouraged to submit with each
4 For more information regarding the calculation
of this margin, see Memorandum, ‘‘Calculation of
the Margin for Non-Examined Companies,’’ dated
October 2, 2017. As the weighting factor, we relied
on the publicly ranged sales data reported in
NEXTEEL’s and SeAH’s quantity and value charts.
5 See 19 CFR 351.309(d).
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17:26 Oct 06, 2017
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Assessment Rates
Upon completion of this
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, if the
respondent reported reliable entered
values, we will calculate importerspecific ad valorem assessment rates for
the merchandise based on the ratio of
the total amount of dumping calculated
for the examined sales made to each
6 See
19 CFR 351.309(c)(2) and (d)(2).
7 See generally 19 CFR 351.303.
8 See 19 CFR 351.303(f).
9 See 19 CFR 351.310(c).
10 See 19 CFR 351.310(d).
11 See section 751(a)(3)(A) of the Act and 19 CFR
351.213(h).
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Fmt 4703
Sfmt 4703
importer and the total entered value of
those same sales, in accordance with 19
CFR 351.212(b)(1). If the respondent has
not reported reliable entered values, we
will calculate a per-unit assessment rate
for each importer by dividing the total
amount of dumping calculated for the
examined sales made to that importer by
the total sales quantity associated with
those transactions. 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.’’ 12
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.13
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the notice of final results
of this administrative review for all
shipments of the subject merchandise
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 for the most recently
completed segment of this proceeding in
12 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).
13 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
E:\FR\FM\10OCN1.SGM
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Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Notices
which they were reviewed; (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 for the most recently
completed segment of this proceeding
for the producer of the merchandise; (4)
the cash deposit rate for all other
producers or exporters will continue to
be 5.24 percent,14 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)(1) of
the Act.
Dated: October 2, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
Performing the Non-Exclusive Functions and
Duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix 1
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Preliminary Determination of No
Shipments
5. Rates for Non-Examined Companies
6. Duty Absorption
7. Affiliation
8. Discussion of the Methodology
9. Currency Conversion
10. Recommendation
Dong Yang Steel Pipe
Dongbu Incheon Steel
DSEC
Erndtebruecker Eisenwerk and Company
Hansol Metal
Husteel Co., Ltd.
Hyundai HYSCO
Hyundai Steel Company 15
ILJIN Steel Corporation
Jim And Freight Co., Ltd.
Kia Steel Co. Ltd.
KSP Steel Company
Kukje Steel
Kurvers
POSCO Daewoo Corporation
POSCO Daewoo America
Steel Canada
Sumitomo Corporation
TGS Pipe
Yonghyun Base Materials
ZEECO Asia
[FR Doc. 2017–21749 Filed 10–6–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–912]
Certain New Pneumatic Off-the-Road
Tires From the People’s Republic of
China: Preliminary Results of
Antidumping Duty Administrative
Review and Preliminary Rescission of
New Shipper Review; 2015–2016
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Department) is conducting an
administrative review (AR) and a new
shipper review (NSR) of the
antidumping duty order on certain new
pneumatic off-the-road tires (OTR tires)
from the People’s Republic of China
(PRC). The period of review (POR) for
the AR and NSR is September 1, 2015,
through August 31, 2016. The
administrative review covers six
exporters of the subject merchandise.
We preliminarily determine that Weihai
Zhongwei Rubber Co., Ltd. (Zhongwei),
one of three companies selected for
individual examination, made sales of
subject merchandise in the United
States at prices below normal value
(NV) during the POR. We also
AGENCY:
sradovich on DSK3GMQ082PROD with NOTICES
Appendix 2
List of Companies Not Individually
Examined
BDP International
Daewoo America
Daewoo International Corporation
Dong-A Steel Co. Ltd.
14 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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17:26 Oct 06, 2017
Jkt 244001
15 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 Corporation 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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46965
preliminarily determine to rescind the
new shipper review initiated for Carlisle
(Meizhou) Rubber Manufacturing Co.,
Ltd. (Carlisle Meizhou), and CTP
Distribution (HK) Limited (CTP HK)
(collectively, Carlstar). We invite
interested parties to comment on these
preliminary results.
DATES: Effective October 10, 2017.
FOR FURTHER INFORMATION CONTACT: Alex
Rosen, AD/CVD Operations, Office III,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–7814.
SUPPLEMENTARY INFORMATION:
Background
On November 3, 2016, the Department
initiated a new shipper review of
exports of subject merchandise made by
CTP Distribution (HK) Limited (CTP
HK), produced in the PRC by Carlisle
(Meizhou) Rubber Manufacturing Co.,
Ltd. (Carlisle Meizhou).1 2 On November
9, 2016, the Department initiated the
eighth administrative review of the
antidumping duty order on OTR tires
from the PRC.3 On March 2, 2017, the
1 The NSR was requested by Carlstar Group LLC
(formerly dba CTP Transportation Products)
(Carlstar Group), a U.S. producer of OTR tires, and
an importer of subject merchandise concerning
merchandise produced by Carlisle Meizhou, its
affiliated producer of OTR tires from the PRC, and
exported by CTP HK, an affiliated trading company
located in Hong Kong (collectively, Carlstar).
2 See letter from Carlstar, ‘‘New Pneumatic OffThe-Road Tires from the People’s Republic of China
Entry of Appearance and Request for New Shipper
Review,’’ dated September 20, 2016 (NSR Request);
see also Initiation of Antidumping Duty New
Shipper Review, 81 FR 76560 (November 3, 2016)
(NSR Initiation).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Review, 81 FR
78778 (November 9, 2016) (Initiation Notice). The
Department initiated on the following: Cheng Shin
Rubber Industry Ltd. (Chengshin), Guizhou Tyre
Co., Ltd., Guizhou Tyre Import and Export Co., Ltd.
(GTC), Qingdao Milestone Tyres Co. Ltd.
(Milestone), Qingdao Qihang Tyre Co. Ltd.
(Qihang), Shandong Zhentai Group Co., Ltd.
(Zhentai), Trelleborg Wheel Systems (Xingtai) Co.,
Ltd. (TWS), Weihai Zhongwei Rubber Co., Ltd.
(Zhongwei), Weifang Jintongda Tyre Co., Ltd.
(Jintongda), and Zhongce Rubber Group Company
Limited (Zhongce). The Department previously
collapsed GTC and Guizhou Tyre Import and
Export Corporation (GTCIE) into a single entity in
the original investigation, see Certain New
Pneumatic Off-The-Road Tires from the People’s
Republic of China; Preliminary Determination of
Sales at Less Than Fair Value and Postponement
of Final Determination, 73 FR 9278, 9283 (February
20, 2008), unchanged in Certain New Pneumatic
Off-The-Road Tires from the People’s Republic of
China: Final Affirmative Determination of Sales at
Less Than Fair Value and Partial Affirmative
Determination of Critical Circumstances, 73 FR
40485 (July 15, 2008). This decision is
unchallenged in the instant review; thus, the
Department continues to treat GTC and GTCIE as
a single entity (collectively, GTC).
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Agencies
[Federal Register Volume 82, Number 194 (Tuesday, October 10, 2017)]
[Notices]
[Pages 46963-46965]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21749]
-----------------------------------------------------------------------
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; 2015-
2016
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 September 1, 2015 through August 31, 2016.
This review covers 31 producers/exporters of the subject merchandise.
The Department preliminarily determines that NEXTEEL Co., Ltd.
(NEXTEEL) and SeAH Steel Corporation (SeAH), the two companies selected
for individual examination, sold subject merchandise in the United
States at prices below normal value during the POR. We invite
interested parties to comment on these preliminary results.
DATES: Applicable October 10, 2017.
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, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone: (202) 482-5075 or (202) 482-2657,
respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department initiated this administrative review on November 9,
2016.\1\ We selected two mandatory respondents in this review, NEXTEEL
and SeAH. For a detailed description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum,
dated concurrently with these preliminary results and hereby adopted by
this notice.\2\
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 81 FR 78778 (November 9, 2016).
\2\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review: Certain Oil
Country Tubular Goods from the Republic of Korea; 2015-2016,'' dated
October 2, 2017 (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
The Preliminary Decision Memorandum is a public document and is on
file electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
Access to 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 accessed directly on the Internet at https://enforcement.trade.gov/frn/. A list of the topics discussed in the Preliminary
Decision Memorandum is attached to this notice as Appendix 1. The
signed Preliminary Decision Memorandum and the electronic versions of
the Preliminary Decision Memorandum are identical in content.
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 the full text of the
scope of the order, see the 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.
Preliminary Determination of No Shipments
Among the companies under review, Hyundai RB Co., Ltd. (Hyundai
RB), Samsung, Samsung C&T Corporation (Samsung C&T), and SeAH Besteel
Corporation (SeAH Besteel) properly filed certifications reporting that
they had no exports, sales, or entries of subject merchandise to the
United States during the POR.\3\ 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 Hyundai
RB, Samsung, Samsung C&T, and SeAH Besteel had no shipments during the
POR. For a full explanation of the Department's analysis, see the
Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\3\ See Letter from Hyundai RB, ``Oil Country Tubular Goods from
the Republic of Korea: No Shipment Letter,'' dated December 9, 2016;
Letter from Samsung and Samsung C&T, ``Oil Country Tubular Goods
from the Republic of Korea: No Shipment Letter,'' dated December 9,
2016; and Letter from SeAH Besteel, ``Administrative Review of the
Antidumping Order on Oil Country Tubular Goods from Korea for the
2015-16 Review Period--No Shipments Letter,'' dated December 7,
2016.
---------------------------------------------------------------------------
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.
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
[[Page 46964]]
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 17.98 percent, which is the weighted average of NEXTEEL's and SeAH's
calculated weighted-average dumping margins.\4\
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\4\ For more information regarding the calculation of this
margin, see Memorandum, ``Calculation of the Margin for Non-Examined
Companies,'' dated October 2, 2017. As the weighting factor, we
relied on the publicly ranged sales data reported in NEXTEEL's and
SeAH's quantity and value charts.
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Preliminary Results of Review
The Department preliminarily determines that, for the period
September 1, 2015 through August 31, 2016, the following weighted-
average dumping margins exist:
------------------------------------------------------------------------
Weighted-
average
Producer or exporter dumping
margin
(percent)
------------------------------------------------------------------------
NEXTEEL Co., Ltd........................................... 46.37
SeAH Steel Corporation..................................... 6.66
Non-examined companies..................................... 19.68
------------------------------------------------------------------------
Disclosure, Public Comment, and Opportunity To Request a Hearing
We intend to disclose the calculations performed for these
preliminary results of review to interested 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, the content of which is limited to
issues raised in the case briefs, may be filed no later than five days
after the date for filing case briefs.\5\ 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.\6\ Case and rebuttal
briefs should be filed using ACCESS \7\ and must be served on
interested parties.\8\ Executive summaries should be limited to five
pages total, including footnotes.
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\5\ See 19 CFR 351.309(d).
\6\ See 19 CFR 351.309(c)(2) and (d)(2).
\7\ See generally 19 CFR 351.303.
\8\ See 19 CFR 351.303(f).
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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 of the date of publication of this
notice.\9\ Requests should contain: (1) The party's name, address and
telephone number; (2) the number of participants; and (3) a list of
issues parties intend to discuss. Issues raised in the hearing will be
limited to those raised in the respective case and rebuttal briefs. If
a request for a hearing is made, the Department intends to hold the
hearing at the U.S. Department of Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230, at a date and time to be determined.\10\
Parties should confirm the date, time, and location of the hearing two
days before the scheduled date.
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\9\ See 19 CFR 351.310(c).
\10\ See 19 CFR 351.310(d).
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The Department intends to issue the final results of this
administrative review, including the results of its analysis of the
issues raised in any case or rebuttal briefs, no later than 120 days
after the date of publication of this notice, unless extended.\11\
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\11\ See section 751(a)(3)(A) of the Act and 19 CFR 351.213(h).
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Assessment Rates
Upon completion of this 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, if the respondent reported
reliable entered values, we will calculate importer-specific ad valorem
assessment rates for the merchandise based on the ratio of the total
amount of dumping calculated for the examined sales made to each
importer and the total entered value of those same sales, in accordance
with 19 CFR 351.212(b)(1). If the respondent has not reported reliable
entered values, we will calculate a per-unit assessment rate for each
importer by dividing the total amount of dumping calculated for the
examined sales made to that importer by the total sales quantity
associated with those transactions. 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.'' \12\
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\12\ 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.\13\
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\13\ 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 administrative
review for all shipments of the subject merchandise 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 for the most
recently completed segment of this proceeding in
[[Page 46965]]
which they were reviewed; (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 for the
most recently completed segment of this proceeding for the producer of
the merchandise; (4) the cash deposit rate for all other producers or
exporters will continue to be 5.24 percent,\14\ 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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\14\ 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)(1) of the Act.
Dated: October 2, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, Performing the Non-Exclusive Functions and Duties of the
Assistant Secretary for Enforcement and Compliance.
Appendix 1
List of Topics Discussed in the Preliminary Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Preliminary Determination of No Shipments
5. Rates for Non-Examined Companies
6. Duty Absorption
7. Affiliation
8. Discussion of the Methodology
9. Currency Conversion
10. Recommendation
Appendix 2
List of Companies Not Individually Examined
BDP International
Daewoo America
Daewoo International Corporation
Dong-A Steel Co. Ltd.
Dong Yang Steel Pipe
Dongbu Incheon Steel
DSEC
Erndtebruecker Eisenwerk and Company
Hansol Metal
Husteel Co., Ltd.
Hyundai HYSCO
Hyundai Steel Company \15\
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\15\ 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 Corporation 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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ILJIN Steel Corporation
Jim And Freight Co., Ltd.
Kia Steel Co. Ltd.
KSP Steel Company
Kukje Steel
Kurvers
POSCO Daewoo Corporation
POSCO Daewoo America
Steel Canada
Sumitomo Corporation
TGS Pipe
Yonghyun Base Materials
ZEECO Asia
[FR Doc. 2017-21749 Filed 10-6-17; 8:45 am]
BILLING CODE 3510-DS-P