Circular Welded Non-Alloy Steel Pipe From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2016-2017, 26401-26403 [2019-11865]
Download as PDF
Federal Register / Vol. 84, No. 109 / Thursday, June 6, 2019 / Notices
khammond on DSKBBV9HB2PROD with NOTICES
Scope of the Orders
The products covered by this order
are certain flexible magnets regardless of
shape,7 color, or packaging.8 Subject
flexible magnets are bonded magnets
composed (not necessarily exclusively)
of (i) any one or combination of various
flexible binders (such as polymers or copolymers, or rubber) and (ii) a magnetic
element, which may consist of a ferrite
permanent magnet material (commonly,
strontium or barium ferrite, or a
combination of the two), a metal alloy
(such as NdFeB or Alnico), any
combination of the foregoing with each
other or any other material, or any other
material capable of being permanently
magnetized. Subject flexible magnets
may be in either magnetized or
unmagnetized (including demagnetized)
condition, and may or may not be fully
or partially laminated or fully or
partially bonded with paper, plastic, or
other material, of any composition and/
or color. Subject flexible magnets may
be uncoated or may be coated with an
adhesive or any other coating or
combination of coatings.
Specifically excluded from the scope
of this order are printed flexible
magnets, defined as flexible magnets
(including individual magnets) that are
laminated or bonded with paper,
plastic, or other material if such paper,
plastic, or other material bears printed
text and/or images, including but not
limited to business cards, calendars,
poetry, sports event schedules, business
promotions, decorative motifs, and the
like. This exclusion does not apply to
such printed flexible magnets if the
printing concerned consists of only the
following: A trade mark or trade name;
country of origin; border, stripes, or
lines; any printing that is removed in
the course of cutting and/or printing
magnets for retail sale or other
disposition from the flexible magnet;
manufacturing or use instructions (e.g.,
‘‘print this side up,’’ ‘‘this side up,’’
‘‘laminate here’’); printing on adhesive
backing (that is, material to be removed
in order to expose adhesive for use such
as application of laminate) or on any
other covering that is removed from the
flexible magnet prior or subsequent to
final printing and before use; nonpermanent printing (that is, printing in
a medium that facilitates easy removal,
permitting the flexible magnet to be reprinted); printing on the back (magnetic)
side; or any combination of the above.
7 The term ‘‘shape’’ includes, but is not limited
to profiles, which are flexible magnets with a nonrectangular cross-section.
8 Packaging includes retail or specialty packaging
such as digital printer cartridges.
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All products meeting the physical
description of subject merchandise that
are not specifically excluded are within
the scope of this order. The products
subject to the order are currently
classifiable principally under
subheadings 8505.19.10 and 8505.19.20
of the Harmonized Tariff Schedule of
the United States (HTSUS). The HTSUS
subheadings are provided only for
convenience and customs purposes; the
written description of the scope of the
order is dispositive. A full description
of the scope of the order is contained in
the Issues and Decision Memorandum.9
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305. Timely written
notification of the destruction of APO
materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a violation
which is subject to sanction.
We are issuing and publishing the
results and notice in accordance with
sections 751(c), 752(b), and 777(i)(1) of
the Act and 19 CFR 351.218.
Analysis of Comments Received
All issues raised in this sunset review,
specifically the likelihood of
continuation or recurrence of dumping
and the magnitude of the margins likely
to prevail if the Orders were to be
revoked, are addressed in the Issues and
Decision Memorandum. The Issues and
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov and in the Central
Records Unit, Room B8024 of the main
Department of Commerce building. In
addition, a complete version of the
Issues and Decision Memorandum can
be accessed at https://
enforcement.trade.gov/frn/.
Dated: May 31, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Final Results of Reviews
Pursuant to sections 751(c)(1) and
752(c)(1) and (3) of the Act, Commerce
determines that revocation of the AD
orders on raw flexible magnets from
China and Taiwan would be likely to
lead to continuation or recurrence of
dumping, and that the magnitude of the
margin of dumping likely to prevail if
the AD Orders are revoked would be up
to the following percentages: 10
Weightedaverage
margin
(percent)
Country
China ....................................
Taiwan ..................................
185.28
38.03
Notification Regarding Administrative
Protective Order
This notice serves as the only
reminder to parties subject to
9 See
Memorandum regarding ‘‘Issues and
Decision Memorandum for the Final Results of the
Expedited Second Sunset Review of Raw Flexible
Magnets from the People’s Republic of China,’’
dated concurrently with and adopted by this notice
(Issues and Decision Memorandum).
10 Id.
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[FR Doc. 2019–11864 Filed 6–5–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–809]
Circular Welded Non-Alloy Steel Pipe
From the Republic of Korea: Final
Results of Antidumping Duty
Administrative Review; 2016–2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that Husteel
Co., Ltd. (Husteel) and Hyundai Steel
Company (Hyundai), producers/
exporters of circular welded non-alloy
steel pipe (CWP) from the Republic of
Korea (Korea), sold subject merchandise
in the United States at prices below
normal value (NV) during the period of
review (POR) November 1, 2016,
through October 31, 2017.
DATES: Applicable June 6, 2019.
FOR FURTHER INFORMATION CONTACT:
Dana Mermelstein and Nicholas
Czajkowski, AD/CVD Operations, Office
I, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone (202) 482–1391
and (202) 482–1395, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On December 3, 2018, Commerce
published the Preliminary Results of the
administrative review.1 We invited
1 See Circular Welded Non-Alloy Steel Pipe from
the Republic of Korea: Preliminary Results of
Antidumping Duty Administrative Review; 2016–
E:\FR\FM\06JNN1.SGM
Continued
06JNN1
26402
Federal Register / Vol. 84, No. 109 / Thursday, June 6, 2019 / Notices
interested parties to comment on the
Preliminary Results and received case
and rebuttal briefs from interested
parties.2 At the request of Husteel and
Hyundai, Commerce held a public
hearing on the Preliminary Results on
February 26, 2019.3
Commerce exercised its discretion to
toll all deadlines affected by the partial
federal government closure from
December 22, 2018, through the
resumption of operations on January 29,
2019.4 On May 13, 2019, we extended
the deadline for the final results.5 The
revised deadline for the final results is
now May 30, 2019.
These final results cover 25
companies. Based on an analysis of the
comments received, we have made
changes to the weighted-average
dumping margins determined for the
respondents. The weighted-average
dumping margins are listed in the
‘‘Final Results of Review’’ section,
below. Commerce conducted this
review in accordance with section 751
of the Tariff Act of 1930, as amended
(the Act).
khammond on DSKBBV9HB2PROD with NOTICES
Scope of the Order
The merchandise subject to the order
is circular welded non-alloy steel pipe
and tube. Imports of the product are
currently classifiable in the Harmonized
Tariff Schedule of the United States
(HTSUS) under subheadings
2017, 83 FR 63619 (December 11, 2018)
(Preliminary Results).
2 See Letter from Husteel, ‘‘Certain Circular
Welded Non-Alloy Steel Pipe from the Republic of
Korea, 11/1/2016–12/31/2017 Administrative
Review, Case No. A–580–809: Case Brief,’’ dated
February 19, 2019; Letter from Hyundai, ‘‘Circular
Welded Non-Alloy Steel Pipe from the Republic of
Korea: Case Brief,’’ dated February 19, 2019; Letter
from SeAH, ‘‘Administrative Review of the
Antidumping Order on Circular Welded Non-Alloy
Steel Pipe from Korea—Case Brief of SeAH Steel
Corporation,’’ dated February 19, 2019; Letter from
Wheatland Tube, ‘‘Circular Welded Non-Alloy Steel
Pipe From the Republic of Korea: Rebuttal Brief of
Wheatland Tube Company,’’ dated February 25,
2019.
3 See Letter from Commerce, ‘‘Administrative
Review of Circular Welded Non-Alloy Steel Pipe
from the Republic of Korea: Hearing Schedule,’’
dated February 22, 2019, regarding hearing
schedule; see also Hearing Transcript, dated March
19, 2019.
4 See Memorandum to the Record from 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, ‘‘Deadlines Affected by the Partial
Shutdown of the Federal Government,’’ dated
January 28, 2019. All deadlines in this segment of
the proceeding affected by the partial federal
government closure have been extended by 40 days.
5 See Memorandum, ‘‘Antidumping Duty
Administrative Review of Circular Welded NonAlloy Steel Pipe from the Republic of Korea:
Extension of Deadline for Final Results of 2016–
2017 Antidumping Duty Administrative Review,’’
dated May 13, 2019.
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16:11 Jun 05, 2019
Jkt 247001
7306.30.1000, 7306.30.5025,
7306.30.5032, 7306.30.5040,
7306.30.5055, 7306.30.5085, and
7306.30.5090. While the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description is dispositive. A full
description of the scope of the order is
contained in the Issues and Decision
Memorandum.6
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs filed by parties in this
review are addressed in the Issues and
Decision Memorandum, which is hereby
adopted by this notice. The issues are
identified at the Appendix to this
notice. The Issues and Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov and is
available to all parties in the Central
Records Unit, Room B8024 of the main
Commerce building. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly on the internet at https://
enforcement.trade.gov/frn/.
The signed Issues and Decision
Memorandum and the electronic
version of the Issues and Decision
Memorandum are identical in content.
Changes Since the Preliminary Results
Based on our analysis of comments
received, we made certain changes to
the margin calculations for Husteel and
Hyundai. For a discussion of these
changes, see the ‘‘Margin Calculations’’
section of the Issues and Decision
Memorandum.
Rate 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 review in an administrative
6 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the 2016–
2017 Administrative Review of the Antidumping
Order on Circular Welded Non-Alloy Steel Pipe
from the Republic of Korea,’’ dated concurrently
with and hereby adopted by this notice (Issues and
Decision Memorandum).
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Fmt 4703
Sfmt 4703
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}.’’
For these final results, we calculated
a weighted-average dumping margin
that is not zero, de minimis, or
determined entirely on the basis of facts
available for Husteel and Hyundai.
Accordingly, Commerce has assigned to
the companies not individually
examined the average of Husteel and
Hyundai’s calculated weighted-average
dumping margins for these final
results.7
Final Results of the Administrative
Review
We determine that the following
weighted-average dumping margins
exist for the period November 1, 2016,
through October 31, 2017.
Producer/exporter
Aju Besteel ...........................
Bookook Steel ......................
Chang Won Bending ............
Dae Ryung ............................
Daewoo Shipbuilding & Marine Engineering (Dsme) ...
Daiduck Piping ......................
Dong Yang Steel Pipe ..........
Dongbu Steel ........................
Eew Korea Company ...........
Histeel ...................................
Husteel ..................................
Hyundai Rb ...........................
Hyundai Steel (Pipe Divison)
Hyundai Steel Company .......
Kiduck Industries ..................
Kum Kang Kind ....................
Kumsoo Connecting .............
Miju Steel Mfg .......................
Nexteel ..................................
Samkang M&T ......................
Seah Fs ................................
Seah Steel ............................
Steel Flower ..........................
Vesta Co., Ltd .......................
Ycp Co ..................................
Weightedaverage
dumping
margin
(percent)
9.53
9.53
9.53
9.53
9.53
9.53
9.53
9.53
9.53
9.53
10.91
9.53
9.53
8.14
9.53
9.53
9.53
9.53
9.53
9.53
9.53
9.53
9.53
9.53
9.53
Disclosure
Commerce intends to disclose the
calculations performed for these final
results of review within five days of the
date of publication of this notice in the
7 See Memorandum, ‘‘Circular Welded Non-Alloy
Steel Pipe from the Republic of Korea: Calculation
of the Final Margin for Respondents Not Selected
for Individual Examination,’’ dated concurrently
with and hereby adopted by this notice.
E:\FR\FM\06JNN1.SGM
06JNN1
Federal Register / Vol. 84, No. 109 / Thursday, June 6, 2019 / Notices
Federal Register, in accordance with 19
CFR 351.224(b).
khammond on DSKBBV9HB2PROD with NOTICES
Assessment Rates
Pursuant to section 751(a)(2)(C) of the
Act and 19 CFR 351.212(b), Commerce
shall determine, and CBP shall assess,
antidumping duties on all appropriate
entries of subject merchandise in
accordance with the final results of this
review. Commerce intends to issue
assessment instructions to CBP 15 days
after the date of publication of the final
results of this administrative review in
the Federal Register.
Where the respondent reported
reliable entered values, we calculated
importer- (or customer-) specific ad
valorem rates by aggregating the
dumping margins calculated for all U.S.
sales to each importer (or customer) and
dividing this amount by the total
entered value of the sales to each
importer (or customer).8 Where
Commerce calculated a weightedaverage dumping margin by dividing the
total amount of dumping for reviewed
sales to that party by the total sales
quantity associated with those
transactions, Commerce will direct CBP
to assess importer- (or customer-)
specific assessment rates based on the
resulting per-unit rates.9 Where an
importer- (or customer-) specific ad
valorem or per-unit rate is greater than
de minimis (i.e., 0.50 percent),
Commerce will instruct CBP to collect
the appropriate duties at the time of
liquidation.10 Where an importer- (or
customer-) specific ad valorem or perunit rate is zero or de minimis,
Commerce will instruct CBP to liquidate
appropriate entries without regard to
antidumping duties.11
For the companies which were not
selected for individual review, we will
assign an assessment rate based on the
methodology described in the ‘‘Rates for
Non-Examined Companies’’ section,
above.
Consistent with Commerce’s
assessment practice, for entries of
subject merchandise during the POR
produced by Husteel, Hyundai, or the
non-examined companies for which the
producer did not know that its
merchandise was destined for the
United States, we will instruct CBP to
liquidate unreviewed entries at the allothers rate if there is no rate for the
intermediate company(ies) involved in
the transaction.12
8 See
19 CFR 351.212(b)(1).
9 Id.
10 Id.
11 See
19 CFR 351.106(c)(2).
a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
12 For
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16:11 Jun 05, 2019
Jkt 247001
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
this administrative review, as provided
for by section 751(a)(2)(C) of the Act: (1)
The cash deposit rates for the
companies listed in these final results
will be equal to the weighted-average
dumping margins established in the
final results of this review; (2) for
merchandise exported by producers or
exporters not covered in this review but
covered in a prior segment of this
proceeding, the cash deposit rate will
continue to be the company-specific rate
published for the most recently
completed segment in which the
company was reviewed; (3) if the
exporter is not a firm covered in this
review or the original less-than-fairvalue (LTFV) 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 subject
merchandise; and (4) the cash deposit
rate for all other producers or exporters
will continue to be 4.80 percent,13 the
all-others rate established in the LTFV
investigation. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this 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
Regarding Administrative Protective
Order
This notice also serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
13 See Circular Welded Non-Alloy Steel Pipe From
Korea: Notice of Final Court Decision and Amended
Final Determination, 60 FR 55833 (November 3,
1995); see also Notice of Antidumping Duty Orders:
Certain Circular Welded Non-Alloy Steel Pipe from
Brazil, the Republic of Korea (Korea), Mexico, and
Venezuela, and Amendment to Final Determination
of Sales at Less Than Fair Value: Certain Circular
Welded Non-Alloy Steel Pipe from Korea, 57 FR
49453 (November 2, 1992).
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Fmt 4703
Sfmt 4703
26403
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return or destruction
of APO materials or conversion to
judicial protective order is hereby
requested. Failure to comply with the
regulations and the terms of an APO is
a sanctionable violation.
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213(h).
Dated: May 30, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Margin Calculation
V. Rate for Non-Examined Companies
VI. Discussion of the Issues
Comment 1: Particular Market Situation
Comment 2: Differential Pricing
VII. Recommendation
[FR Doc. 2019–11865 Filed 6–5–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–923]
Raw Flexible Magnets From the
People’s Republic of China: Final
Results of the Expedited Second
Sunset Review of the Countervailing
Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of this second
sunset review, the Department of
Commerce (Commerce) finds that
revocation of the countervailing duty
(CVD) order on raw flexible magnets
from the People’s Republic of China
(China) would be likely to lead to the
continuation or recurrence of a
countervailable subsidy at the levels
indicated in the ‘‘Final Results of
Review’’ section of this notice.
DATES: Applicable June 6, 2019.
FOR FURTHER INFORMATION CONTACT:
Kristen Johnson, AD/CVD Operations,
Office III, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
AGENCY:
E:\FR\FM\06JNN1.SGM
06JNN1
Agencies
[Federal Register Volume 84, Number 109 (Thursday, June 6, 2019)]
[Notices]
[Pages 26401-26403]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11865]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-809]
Circular Welded Non-Alloy Steel Pipe From the Republic of Korea:
Final Results of Antidumping Duty Administrative Review; 2016-2017
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that Husteel
Co., Ltd. (Husteel) and Hyundai Steel Company (Hyundai), producers/
exporters of circular welded non-alloy steel pipe (CWP) from the
Republic of Korea (Korea), sold subject merchandise in the United
States at prices below normal value (NV) during the period of review
(POR) November 1, 2016, through October 31, 2017.
DATES: Applicable June 6, 2019.
FOR FURTHER INFORMATION CONTACT: Dana Mermelstein and Nicholas
Czajkowski, AD/CVD Operations, Office I, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone (202) 482-1391
and (202) 482-1395, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 3, 2018, Commerce published the Preliminary Results of
the administrative review.\1\ We invited
[[Page 26402]]
interested parties to comment on the Preliminary Results and received
case and rebuttal briefs from interested parties.\2\ At the request of
Husteel and Hyundai, Commerce held a public hearing on the Preliminary
Results on February 26, 2019.\3\
---------------------------------------------------------------------------
\1\ See Circular Welded Non-Alloy Steel Pipe from the Republic
of Korea: Preliminary Results of Antidumping Duty Administrative
Review; 2016-2017, 83 FR 63619 (December 11, 2018) (Preliminary
Results).
\2\ See Letter from Husteel, ``Certain Circular Welded Non-Alloy
Steel Pipe from the Republic of Korea, 11/1/2016-12/31/2017
Administrative Review, Case No. A-580-809: Case Brief,'' dated
February 19, 2019; Letter from Hyundai, ``Circular Welded Non-Alloy
Steel Pipe from the Republic of Korea: Case Brief,'' dated February
19, 2019; Letter from SeAH, ``Administrative Review of the
Antidumping Order on Circular Welded Non-Alloy Steel Pipe from
Korea--Case Brief of SeAH Steel Corporation,'' dated February 19,
2019; Letter from Wheatland Tube, ``Circular Welded Non-Alloy Steel
Pipe From the Republic of Korea: Rebuttal Brief of Wheatland Tube
Company,'' dated February 25, 2019.
\3\ See Letter from Commerce, ``Administrative Review of
Circular Welded Non-Alloy Steel Pipe from the Republic of Korea:
Hearing Schedule,'' dated February 22, 2019, regarding hearing
schedule; see also Hearing Transcript, dated March 19, 2019.
---------------------------------------------------------------------------
Commerce exercised its discretion to toll all deadlines affected by
the partial federal government closure from December 22, 2018, through
the resumption of operations on January 29, 2019.\4\ On May 13, 2019,
we extended the deadline for the final results.\5\ The revised deadline
for the final results is now May 30, 2019.
---------------------------------------------------------------------------
\4\ See Memorandum to the Record from 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, ``Deadlines
Affected by the Partial Shutdown of the Federal Government,'' dated
January 28, 2019. All deadlines in this segment of the proceeding
affected by the partial federal government closure have been
extended by 40 days.
\5\ See Memorandum, ``Antidumping Duty Administrative Review of
Circular Welded Non-Alloy Steel Pipe from the Republic of Korea:
Extension of Deadline for Final Results of 2016-2017 Antidumping
Duty Administrative Review,'' dated May 13, 2019.
---------------------------------------------------------------------------
These final results cover 25 companies. Based on an analysis of the
comments received, we have made changes to the weighted-average dumping
margins determined for the respondents. The weighted-average dumping
margins are listed in the ``Final Results of Review'' section, below.
Commerce conducted this review in accordance with section 751 of the
Tariff Act of 1930, as amended (the Act).
Scope of the Order
The merchandise subject to the order is circular welded non-alloy
steel pipe and tube. Imports of the product are currently classifiable
in the Harmonized Tariff Schedule of the United States (HTSUS) under
subheadings 7306.30.1000, 7306.30.5025, 7306.30.5032, 7306.30.5040,
7306.30.5055, 7306.30.5085, and 7306.30.5090. While the HTSUS
subheadings are provided for convenience and customs purposes, the
written description is dispositive. A full description of the scope of
the order is contained in the Issues and Decision Memorandum.\6\
---------------------------------------------------------------------------
\6\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2016-2017 Administrative Review of the
Antidumping Order on Circular Welded Non-Alloy Steel Pipe from the
Republic of Korea,'' dated concurrently with and hereby adopted by
this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs filed by parties
in this review are addressed in the Issues and Decision Memorandum,
which is hereby adopted by this notice. The issues are identified at
the Appendix to this notice. The Issues and Decision Memorandum is a
public document and is on file electronically via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS). ACCESS is available to registered users at
https://access.trade.gov and is available to all parties in the Central
Records Unit, Room B8024 of the main Commerce building. In addition, a
complete version of the Issues and Decision Memorandum can be accessed
directly on the internet at https://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the
electronic version of the Issues and Decision Memorandum are identical
in content.
Changes Since the Preliminary Results
Based on our analysis of comments received, we made certain changes
to the margin calculations for Husteel and Hyundai. For a discussion of
these changes, see the ``Margin Calculations'' section of the Issues
and Decision Memorandum.
Rate 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 review 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} .''
For these final results, we calculated a weighted-average dumping
margin that is not zero, de minimis, or determined entirely on the
basis of facts available for Husteel and Hyundai. Accordingly, Commerce
has assigned to the companies not individually examined the average of
Husteel and Hyundai's calculated weighted-average dumping margins for
these final results.\7\
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\7\ See Memorandum, ``Circular Welded Non-Alloy Steel Pipe from
the Republic of Korea: Calculation of the Final Margin for
Respondents Not Selected for Individual Examination,'' dated
concurrently with and hereby adopted by this notice.
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Final Results of the Administrative Review
We determine that the following weighted-average dumping margins
exist for the period November 1, 2016, through October 31, 2017.
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping margin
(percent)
------------------------------------------------------------------------
Aju Besteel............................................. 9.53
Bookook Steel........................................... 9.53
Chang Won Bending....................................... 9.53
Dae Ryung............................................... 9.53
Daewoo Shipbuilding & Marine Engineering (Dsme)......... 9.53
Daiduck Piping.......................................... 9.53
Dong Yang Steel Pipe.................................... 9.53
Dongbu Steel............................................ 9.53
Eew Korea Company....................................... 9.53
Histeel................................................. 9.53
Husteel................................................. 10.91
Hyundai Rb.............................................. 9.53
Hyundai Steel (Pipe Divison)............................ 9.53
Hyundai Steel Company................................... 8.14
Kiduck Industries....................................... 9.53
Kum Kang Kind........................................... 9.53
Kumsoo Connecting....................................... 9.53
Miju Steel Mfg.......................................... 9.53
Nexteel................................................. 9.53
Samkang M&T............................................. 9.53
Seah Fs................................................. 9.53
Seah Steel.............................................. 9.53
Steel Flower............................................ 9.53
Vesta Co., Ltd.......................................... 9.53
Ycp Co.................................................. 9.53
------------------------------------------------------------------------
Disclosure
Commerce intends to disclose the calculations performed for these
final results of review within five days of the date of publication of
this notice in the
[[Page 26403]]
Federal Register, in accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
Commerce shall determine, and CBP shall assess, antidumping duties on
all appropriate entries of subject merchandise in accordance with the
final results of this review. Commerce intends to issue assessment
instructions to CBP 15 days after the date of publication of the final
results of this administrative review in the Federal Register.
Where the respondent reported reliable entered values, we
calculated importer- (or customer-) specific ad valorem rates by
aggregating the dumping margins calculated for all U.S. sales to each
importer (or customer) and dividing this amount by the total entered
value of the sales to each importer (or customer).\8\ Where Commerce
calculated a weighted-average dumping margin by dividing the total
amount of dumping for reviewed sales to that party by the total sales
quantity associated with those transactions, Commerce will direct CBP
to assess importer- (or customer-) specific assessment rates based on
the resulting per-unit rates.\9\ Where an importer- (or customer-)
specific ad valorem or per-unit rate is greater than de minimis (i.e.,
0.50 percent), Commerce will instruct CBP to collect the appropriate
duties at the time of liquidation.\10\ Where an importer- (or customer-
) specific ad valorem or per-unit rate is zero or de minimis, Commerce
will instruct CBP to liquidate appropriate entries without regard to
antidumping duties.\11\
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\8\ See 19 CFR 351.212(b)(1).
\9\ Id.
\10\ Id.
\11\ See 19 CFR 351.106(c)(2).
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For the companies which were not selected for individual review, we
will assign an assessment rate based on the methodology described in
the ``Rates for Non-Examined Companies'' section, above.
Consistent with Commerce's assessment practice, for entries of
subject merchandise during the POR produced by Husteel, Hyundai, or the
non-examined companies for which the producer did not know that its
merchandise was destined for the United States, 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\ For a full discussion of this practice, 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 for all
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the publication date of the final results
of this administrative review, as provided for by section 751(a)(2)(C)
of the Act: (1) The cash deposit rates for the companies listed in
these final results will be equal to the weighted-average dumping
margins established in the final results of this review; (2) for
merchandise exported by producers or exporters not covered in this
review but covered in a prior segment of this proceeding, the cash
deposit rate will continue to be the company-specific rate published
for the most recently completed segment in which the company was
reviewed; (3) if the exporter is not a firm covered in this review or
the original less-than-fair-value (LTFV) 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 subject merchandise; and (4) the cash deposit rate for all other
producers or exporters will continue to be 4.80 percent,\13\ the all-
others rate established in the LTFV investigation. These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\13\ See Circular Welded Non-Alloy Steel Pipe From Korea: Notice
of Final Court Decision and Amended Final Determination, 60 FR 55833
(November 3, 1995); see also Notice of Antidumping Duty Orders:
Certain Circular Welded Non-Alloy Steel Pipe from Brazil, the
Republic of Korea (Korea), Mexico, and Venezuela, and Amendment to
Final Determination of Sales at Less Than Fair Value: Certain
Circular Welded Non-Alloy Steel Pipe from Korea, 57 FR 49453
(November 2, 1992).
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Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this 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 Regarding Administrative Protective
Order
This notice also serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3), which continues to govern
business proprietary information in this segment of the proceeding.
Timely written notification of the return or destruction of APO
materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and the terms of an
APO is a sanctionable violation.
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h).
Dated: May 30, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Margin Calculation
V. Rate for Non-Examined Companies
VI. Discussion of the Issues
Comment 1: Particular Market Situation
Comment 2: Differential Pricing
VII. Recommendation
[FR Doc. 2019-11865 Filed 6-5-19; 8:45 am]
BILLING CODE 3510-DS-P