Certain Oil Country Tubular Goods From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2016-2017, 51442-51444 [2018-22128]
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51442
Federal Register / Vol. 83, No. 197 / Thursday, October 11, 2018 / Notices
Disclosure and Public Comment
We will disclose to parties in this
review the calculations performed in
reaching the preliminary results within
five days of publication of these
preliminary results.10 Interested parties
may submit written comments (case
briefs) on the preliminary results no
later than 30 days from the date of
publication of this Federal Register
notice, and rebuttal comments (rebuttal
briefs) within five days after the time
limit for filing case briefs.11 Pursuant to
19 CFR 351.309(d)(2), rebuttal briefs
must be limited to issues raised in the
case briefs. Parties who submit
arguments are requested to submit with
the argument: (1) A statement of the
issue; (2) a brief summary of the
argument; and (3) a table of
authorities.12 All briefs must be filed
electronically using ACCESS.
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
ACCESS by 5 p.m. Eastern Time within
30 days after the date of publication of
this notice.13 Hearing requests should
contain: (1) The party’s name, address,
and telephone number; (2) the number
of participants; and (3) a list of the
issues to be discussed. Issues addressed
at the hearing will be limited to those
raised in the briefs. If a request for a
hearing is made, parties will be notified
of the date and time for the hearing to
be held at the U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230.14
Commerce intends to issue the final
results of this administrative review,
including the results of our analysis of
the issues raised by the parties in their
comments, no later than 120 days after
the date of publication of this notice,
pursuant to section 751(a)(3)(A) of the
Act and 19 CFR 351.213(h), unless this
deadline is extended.
These preliminary results and notice
are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act and 19 CFR 351.221(b)(4).
Dated: October 3, 2018.
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—List of Topics Discussed in
the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Subsidies Valuation Information
V. Analysis of Programs
VI. Recommendation
[FR Doc. 2018–22129 Filed 10–10–18; 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; 2016–
2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that NEXTEEL Co., Ltd. (NEXTEEL) and
SeAH Steel Corporation (SeAH) sold
certain oil country tubular goods
(OCTG) from the Republic of Korea
(Korea) in the United States at prices
below normal value during the period of
review (POR) September 1, 2016,
through August 31, 2017. Interested
parties are invited to comment on these
preliminary results.
DATES: Applicable: October 11, 2018.
FOR FURTHER INFORMATION CONTACT:
Mike Heaney or Erin Kearney, 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) 482–4475 or (202) 482–0167,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
khammond on DSK30JT082PROD with NOTICES
Background
10 See
19 CFR 351.224(b).
19 CFR 351.309(c)(1)(ii); 351.309(d)(1); and
19 CFR 351.303 (for general filing requirements).
12 See 19 CFR 351.309(c)(2) and (d)(2).
13 See 19 CFR 351.310(c).
14 See 19 CFR 351.310(d).
11 See
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We published the initiation of this
administrative review on November 13,
2017.1 We selected NEXTEEL and SeAH
as the two mandatory respondents in
this review. For a detailed description of
the events that followed the initiation of
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 82 FR
52268 (November 13, 2017).
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Sfmt 4703
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/login.aspx and is
available to all parties in the Central
Records Unit, Room B8024 of the main
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
version 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
Commerce 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
2 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the 2016–2017
Administrative Review of the Antidumping Duty
Order on Certain Oil Country Tubular Goods from
the Republic of Korea,’’ dated October 3, 2018
(Preliminary Decision Memorandum).
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Federal Register / Vol. 83, No. 197 / Thursday, October 11, 2018 / Notices
conclusions, see the Preliminary
Decision Memorandum.
Preliminary Determination of No
Shipments
Among the companies under review,
Samsung, Samsung C and 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 On September
20, 2018, we issued no-shipment
inquiries to CBP to confirm the claims
of no shipments by Samsung C&T and
SeAH Besteel, and on October 1, 2018,
we issued a no-shipment inquiry to CBP
to confirm Samsung’s claim of no
shipments. We have not yet received
CBP’s response to all of our inquiries.
Therefore, based on the claims of no
shipments by Samsung, Samsung C&T,
and SeAH Besteel, and because the
record currently contains no
information to the contrary, we
preliminarily determine that Samsung,
Samsung C&T, and SeAH Besteel had no
shipments of subject merchandise.
However, we intend to consider
information received from CBP in
response to our no-shipment inquiries
for the final results of this review.
Moreover, consistent with our practice,
we are not preliminarily rescinding the
review with respect to Samsung,
Samsung C&T, and SeAH Besteel, but,
rather, we will complete the review
with respect to these companies and
issue appropriate instructions to CBP
based on the final results of this
review.4
khammond on DSK30JT082PROD with NOTICES
Rates for Non-Examined Companies
The statute and Commerce’s
regulations do not address the
establishment of a rate to be applied to
companies not selected for examination
when Commerce limits its examination
in an administrative review pursuant to
section 777A(c)(2) of the Act. Generally,
Commerce looks to section 735(c)(5) of
the Act, which provides instructions for
3 See Letter from Samsung C&T, ‘‘Oil Country
Tubular Goods from Korea: Notice of No Sales,’’
dated December 4, 2017 and Letter from SeAH
Besteel, ‘‘Administrative Review of the
Antidumping Order on Oil Country Tubular Goods
from Korea for the 2016–17 Review Period—No
Shipments Letter,’’ dated December 13, 2017.
4 See, e.g., Certain Frozen Warmwater Shrimp
from Thailand; Preliminary Results of Antidumping
Duty Administrative Review, Partial Rescission of
Review, Preliminary Determination of No
Shipments; 2012–2013, 79 FR 15951, 15952 (March
24, 2014), unchanged in Certain Frozen Warmwater
Shrimp from Thailand: Final Results of
Antidumping Duty Administrative Review, Final
Determination of No Shipments, and Partial
Rescission of Review; 2012–2013, 79 FR 51306,
51307 (August 28, 2014).
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21:32 Oct 10, 2018
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51443
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}.’’
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, Commerce preliminarily
has assigned to the companies not
individually examined (see Appendix 2
for a full list of these companies) a
margin of 35.25 percent, which is the
weighted average of NEXTEEL’s and
SeAH’s calculated weighted-average
dumping margins.5
briefs.6 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.7 Case and
rebuttal briefs should be filed using
ACCESS 8 and must be served on
interested parties.9 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
Commerce’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.10 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
Preliminary Results of Review
is made, Commerce intends to hold the
hearing at the U.S. Department of
Commerce preliminarily determines
Commerce, 1401 Constitution Avenue
that, for the period September 1, 2016
NW, Washington, DC 20230, at a date
through August 31, 2017, the following
and time to be determined.11 Parties
weighted-average dumping margins
should confirm the date, time, and
exist:
location of the hearing two days before
the scheduled date.
Weightedaverage
Commerce intends to issue the final
Producer or exporter
dumping
results of this administrative review,
margin
including the results of its analysis of
(percent)
the issues raised in any case or rebuttal
NEXTEEL Co., Ltd ...............
47.62 briefs, no later than 120 days after the
SeAH Steel Corporation .......
19.40 date of publication of this notice, unless
Non-examined companies ....
35.25 extended.12
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
5 For more information regarding the calculation
of this margin, see Memorandum, ‘‘Preliminary
Results of the 2016–2017 Administrative Review of
Certain Oil Country Tubular Goods from the
Republic of Korea; Calculation of the Margin for
Non-Examined Companies,’’ dated October 3, 2018.
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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Assessment Rates
Upon completion of this
administrative review, Commerce 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 importer6 See
19 CFR 351.309(d).
19 CFR 351.309(c)(2) and (d)(2).
8 See generally 19 CFR 351.303.
9 See 19 CFR 351.303(f).
10 See 19 CFR 351.310(c).
11 See 19 CFR 351.310(d).
12 See section 751(a)(3)(A) of the Act and 19 CFR
351.213(h).
7 See
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51444
Federal Register / Vol. 83, No. 197 / Thursday, October 11, 2018 / Notices
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 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 respondent’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.’’ 13
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.14
khammond on DSK30JT082PROD with NOTICES
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
13 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).
14 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
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proceeding, the cash deposit rate will
continue to be the company-specific rate
published for the most recently
completed segment of this proceeding in
which 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,15 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 Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
Notification to Interested Parties
Commerce is issuing and publishing
these results in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act.
Dated: October 3, 2018.
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 I
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. Duty Reimbursement
8. Affiliation
9. Discussion of the Methodology
10. Currency Conversion
11. Recommendation
15 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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Appendix II
List of Companies Not Individually
Examined
AJU Besteel Co., Ltd.
BDP International
Daewoo International Corporation
Daewoo America
Dong-A Steel Co. Ltd.
Dong Yang Steel Pipe
Dongbu Incheon Steel
DSEC
Erndtebruecker Eisenwerk and Company
Hansol Metal
Husteel Co., Ltd.
HYSCO
Hyundai RB
Hyundai Steel Co., Ltd.
Hyundai Steel Company 16
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. 2018–22128 Filed 10–10–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–955]
Certain Magnesia Carbon Bricks From
the People’s Republic of China:
Preliminary Results of the
Countervailing Duty Administrative
Review; 2016
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines to
rescind this administrative review as
there is no evidence of any reviewable
entries, shipments, or sales of certain
magnesia carbon bricks (magnesia
carbon bricks) from the People’s
Republic of China (China) to the United
States during the January 1, 2016,
through December 31, 2016, period of
review (POR) by the companies subject
AGENCY:
16 On September 21, 2016, Commerce published
the final results of a changed circumstances review
with respect to OCTG from Korea, finding that
Hyundai Steel Corporation is the successor-ininterest 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 Corporation is also known as Hyundai Steel
Company and Hyundai Steel Co. Ltd.
E:\FR\FM\11OCN1.SGM
11OCN1
]]>Agencies
[Federal Register Volume 83, Number 197 (Thursday, October 11, 2018)]
[Notices]
[Pages 51442-51444]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22128]
-----------------------------------------------------------------------
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; 2016-
2017
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that NEXTEEL Co., Ltd. (NEXTEEL) and SeAH Steel Corporation (SeAH) sold
certain oil country tubular goods (OCTG) from the Republic of Korea
(Korea) in the United States at prices below normal value during the
period of review (POR) September 1, 2016, through August 31, 2017.
Interested parties are invited to comment on these preliminary results.
DATES: Applicable: October 11, 2018.
FOR FURTHER INFORMATION CONTACT: Mike Heaney or Erin Kearney, 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) 482-4475 or (202) 482-0167,
respectively.
SUPPLEMENTARY INFORMATION:
Background
We published the initiation of this administrative review on
November 13, 2017.\1\ We selected NEXTEEL and SeAH as the two mandatory
respondents in this review. 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, 82 FR 52268 (November 13, 2017).
\2\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2016-2017 Administrative Review of the Antidumping
Duty Order on Certain Oil Country Tubular Goods from the Republic of
Korea,'' dated October 3, 2018 (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/login.aspx and is available to all parties in the
Central Records Unit, Room B8024 of the main 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 version 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
Commerce 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
[[Page 51443]]
conclusions, see the Preliminary Decision Memorandum.
Preliminary Determination of No Shipments
Among the companies under review, Samsung, Samsung C and 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\ On September 20, 2018, we issued no-shipment inquiries to
CBP to confirm the claims of no shipments by Samsung C&T and SeAH
Besteel, and on October 1, 2018, we issued a no-shipment inquiry to CBP
to confirm Samsung's claim of no shipments. We have not yet received
CBP's response to all of our inquiries. Therefore, based on the claims
of no shipments by Samsung, Samsung C&T, and SeAH Besteel, and because
the record currently contains no information to the contrary, we
preliminarily determine that Samsung, Samsung C&T, and SeAH Besteel had
no shipments of subject merchandise. However, we intend to consider
information received from CBP in response to our no-shipment inquiries
for the final results of this review. Moreover, consistent with our
practice, we are not preliminarily rescinding the review with respect
to Samsung, Samsung C&T, and SeAH Besteel, but, rather, we will
complete the review with respect to these companies and issue
appropriate instructions to CBP based on the final results of this
review.\4\
---------------------------------------------------------------------------
\3\ See Letter from Samsung C&T, ``Oil Country Tubular Goods
from Korea: Notice of No Sales,'' dated December 4, 2017 and Letter
from SeAH Besteel, ``Administrative Review of the Antidumping Order
on Oil Country Tubular Goods from Korea for the 2016-17 Review
Period--No Shipments Letter,'' dated December 13, 2017.
\4\ See, e.g., Certain Frozen Warmwater Shrimp from Thailand;
Preliminary Results of Antidumping Duty Administrative Review,
Partial Rescission of Review, Preliminary Determination of No
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged
in Certain Frozen Warmwater Shrimp from Thailand: Final Results of
Antidumping Duty Administrative Review, Final Determination of No
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR 51306,
51307 (August 28, 2014).
---------------------------------------------------------------------------
Rates for Non-Examined Companies
The statute and Commerce's regulations do not address the
establishment of a rate to be applied to companies not selected for
examination when Commerce limits its examination in an administrative
review pursuant to section 777A(c)(2) of the Act. Generally, Commerce
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,
Commerce preliminarily has assigned to the companies not individually
examined (see Appendix 2 for a full list of these companies) a margin
of 35.25 percent, which is the weighted average of NEXTEEL's and SeAH's
calculated weighted-average dumping margins.\5\
---------------------------------------------------------------------------
\5\ For more information regarding the calculation of this
margin, see Memorandum, ``Preliminary Results of the 2016-2017
Administrative Review of Certain Oil Country Tubular Goods from the
Republic of Korea; Calculation of the Margin for Non-Examined
Companies,'' dated October 3, 2018. 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
Commerce preliminarily determines that, for the period September 1,
2016 through August 31, 2017, the following weighted-average dumping
margins exist:
------------------------------------------------------------------------
Weighted-
average
Producer or exporter dumping margin
(percent)
------------------------------------------------------------------------
NEXTEEL Co., Ltd........................................ 47.62
SeAH Steel Corporation.................................. 19.40
Non-examined companies.................................. 35.25
------------------------------------------------------------------------
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.\6\ 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.\7\ Case and rebuttal
briefs should be filed using ACCESS \8\ and must be served on
interested parties.\9\ Executive summaries should be limited to five
pages total, including footnotes.
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\6\ See 19 CFR 351.309(d).
\7\ See 19 CFR 351.309(c)(2) and (d)(2).
\8\ See generally 19 CFR 351.303.
\9\ 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
Commerce'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.\10\ 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, Commerce 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.\11\ Parties
should confirm the date, time, and location of the hearing two days
before the scheduled date.
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\10\ See 19 CFR 351.310(c).
\11\ See 19 CFR 351.310(d).
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Commerce 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.\12\
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\12\ 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, Commerce 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-
[[Page 51444]]
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 respondent'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.'' \13\
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\13\ 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.\14\
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\14\ 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 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,\15\ 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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\15\ 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 Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Notification to Interested Parties
Commerce is issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: October 3, 2018.
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 I
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. Duty Reimbursement
8. Affiliation
9. Discussion of the Methodology
10. Currency Conversion
11. Recommendation
Appendix II
List of Companies Not Individually Examined
AJU Besteel Co., Ltd.
BDP International
Daewoo International Corporation
Daewoo America
Dong-A Steel Co. Ltd.
Dong Yang Steel Pipe
Dongbu Incheon Steel
DSEC
Erndtebruecker Eisenwerk and Company
Hansol Metal
Husteel Co., Ltd.
HYSCO
Hyundai RB
Hyundai Steel Co., Ltd.
Hyundai Steel Company \16\
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\16\ On September 21, 2016, Commerce 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 Corporation is also known as Hyundai Steel Company 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. 2018-22128 Filed 10-10-18; 8:45 am]
BILLING CODE 3510-DS-P
