Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2017-2018, 63613-63615 [2019-24854]
Download as PDF
<![CDATA[
Federal Register / Vol. 84, No. 222 / Monday, November 18, 2019 / Notices
to issues raised in the case briefs.8
Parties who submit case or rebuttal
briefs 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.9
Interested parties who wish to request
a hearing must do so within 30 days of
publication of these preliminary results
by submitting a written request to the
Assistant Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, using Enforcement and
Compliance’s ACCESS system.10
Requests should contain the party’s
name, address and telephone number,
the number of participants, and a list of
the issues to be discussed. If a request
for a hearing is made, we will inform
parties of the scheduled date for the
hearing which will be held at the U.S.
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230, at a time and location to be
determined.11 Parties should confirm by
telephone the date, time, and location of
the hearing. Issues addressed at the
hearing will be limited to those raised
in the briefs.12 All briefs and hearing
requests must be filed electronically and
received successfully in their entirety
through ACCESS by 5:00 p.m. Eastern
Time on the due date.
Unless the deadline is extended
pursuant to section 751(a)(3)(A) of the
Act, 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, within 120 days after
publication of these preliminary results.
the suspension of liquidation and to
discontinue the collection of cash
deposits on entries of subject
merchandise, entered or withdrawn
from warehouse, on or after February 4,
2019.14 Furthermore, because the OTR
Tires China CVD Order has been
revoked as a result of the Revocation
Notice, Commerce will not issue cash
deposit instructions at the conclusion of
this administrative review.
Assessment Rates
Upon issuance of the final results,
Commerce shall determine, and U.S.
Customs and Border Protection (CBP)
shall assess, countervailing duties on all
appropriate entries covered by this
review. We intend to issue instructions
to CBP 15 days after publication of the
final results of review.
DEPARTMENT OF COMMERCE
Cash Deposit Requirement
On May 10, 2019, as a result of the
five-year (sunset) review, Commerce
revoked the OTR Tires China CVD
Order.13 In the Revocation Notice,
Commerce stated that it intended to
issue instructions to CBP to terminate
8 See
VerDate Sep<11>2014
17:41 Nov 15, 2019
Jkt 250001
These preliminary results of review
are issued and published in accordance
with sections 751(a)(l) and 777(i)(l) of
the Act and 19 CFR 351.213 and
351.221(b)(4).
Dated: November 12, 2019.
Jeffrey I. Kessler,
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. Partial Rescission of Administrative
Review
V. Use of Facts Otherwise Available and
Application of Adverse Inferences
VI. Diversification of China’s Economy
VII. Subsidies Valuation
VIII. Benchmarks and Discount Rates
IX. Analysis of Programs
X. Disclosure and Public Comment
XI. Recommendation
[FR Doc. 2019–24899 Filed 11–15–19; 8:45 am]
BILLING CODE 3510–DS–P
International Trade Administration
[A–580–880]
Heavy Walled Rectangular Welded
Carbon Steel Pipes and Tubes From
the Republic of Korea: Preliminary
Results of Antidumping Duty
Administrative Review; 2017–2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that the producers/exporters subject to
this administrative review made sales of
subject merchandise at less than normal
value (NV). Interested parties are invited
to comment on these preliminary results
of review.
DATES: Applicable November 18, 2019.
FOR FURTHER INFORMATION CONTACT:
Alice Maldonado or Whitley Herndon,
AGENCY:
19 CFR 351.309(d)(2).
19 CFR 351.309(c)(2) and (d)(2).
10 See 19 CFR 351.310(c).
11 See 19 CFR 351.310.
12 See 19 CFR 351.310(c).
13 See Certain New Pneumatic Off-the-Road Tires
from the People’s Republic of China: Final Results
of Sunset Reviews and Revocation of Antidumping
Duty and Countervailing Duty Orders, 84 FR 20616
(May 10, 2019) (Revocation Notice).
9 See
Notification of Interested Parties
14 See
PO 00000
Revocation Notice, 84 FR at 20618.
Frm 00009
Fmt 4703
Sfmt 4703
63613
AD/CVD Operations, Office II,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4682 or
(202) 482–6274, respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 15, 2018, based on
timely requests for review, in
accordance with 19 CFR
351.221(c)(1)(i), we initiated an
administrative review on heavy walled
rectangular welded carbon steel pipes
and tubes from Korea.1 This review
covers 21 producers and exporters of the
subject merchandise. Commerce
selected Dong-A Steel Company
(DOSCO), HiSteel Co., Ltd (HiSteel), and
Kukje Steel Co., Ltd. (Kukje Steel) for
individual examination. DOSCO
informed Commerce that it did not
intend to respond to the questionnaire
or participate as a mandatory
respondent in this administrative
review. The producers and/or exporters
not selected for individual examination
are listed in the ‘‘Preliminary Results of
the Review’’ section of this notice.
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 28,
2019.2 On June 10, 2019, Commerce
extended the preliminary results of this
review by 117 days, until November 6,
2019.3 For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.
Scope of the Order
The products covered by the order are
certain heavy walled rectangular welded
steel pipes and tubes from the Republic
of Korea (Korea). Products subject to the
order are currently classified under the
Harmonized Tariff Schedule of the
United States (HTSUS) item number
7306.61.1000. Subject merchandise may
also be classified under 7306.61.3000.
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 83 FR
57411 (November 15, 2018).
2 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 have been extended by 40 days.
3 See Memorandum, ‘‘Heavy Walled Rectangular
Welded Carbon Steel Pipes and Tubes from the
Republic of Korea: Extension of Deadline for
Preliminary Results of the 2nd Antidumping Duty
Administrative Review,’’ dated June 10, 2019.
E:\FR\FM\18NON1.SGM
18NON1
63614
Federal Register / Vol. 84, No. 222 / Monday, November 18, 2019 / Notices
Although the HTSUS numbers and
ASTM specification are provided for
convenience and for customs purposes,
the written product description remains
dispositive.4
Methodology
Commerce is conducting this review
in accordance with section 751(a)(1)(B)
and (2) of the Tariff Act of 1930, as
amended (the Act). Export price is
calculated in accordance with section
772 of the Act. NV is calculated in
accordance with section 773 of the Act.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum. The
Preliminary Decision Memorandum is a
public document and is 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 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
at https://enforcement.trade.gov/frn/.
The signed and electronic versions of
the Preliminary Decision Memorandum
are identical in content. A list of the
topics discussed in the Preliminary
Decision Memorandum is attached as an
Appendix to this notice.
Adverse Facts Available
Because mandatory respondent
DOSCO failed to respond to Commerce’s
questionnaire, we preliminarily
determine to apply facts otherwise
available with adverse inferences (AFA)
to this respondent, in accordance with
sections 776(a) and (b) of the Act and 19
CFR 351.308. For further discussion, see
the Preliminary Decision Memorandum.
Preliminary Results of the Review
As a result of this review, we
preliminarily determine that the
following weighted-average dumping
margins exist for the respondents for the
period September 1, 2017 through
August 31, 2018:
4 For a full description of the scope of the order,
see Memorandum, ‘‘Decision Memorandum for the
Preliminary Results of the 2017–2018
Administrative Review of the Antidumping Duty
Order on Heavy Walled Rectangular Welded Carbon
Steel Pipes and Tubes from Korea,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
VerDate Sep<11>2014
17:41 Nov 15, 2019
Jkt 250001
the Assistant Secretary for Enforcement
and Compliance, U.S. Department of
Exporter/producer
Commerce, filed electronically via
ACCESS within 30 days after the date of
publication of this notice.11 Hearing
Dong-A Steel Company ..............
53.80 requests should contain: (1) The party’s
HiSteel Co., Ltd ..........................
40.40 name, address, and telephone number;
Kukje Steel Co., Ltd ...................
51.27 (2) the number of participants; and (3)
a list of issues to be discussed. Issues
Review-Specific Average Rate
raised in the hearing will be limited to
Applicable to the Following
issues raised in the briefs. If a request
5
Companies:
for a hearing is made, parties will be
notified of the time and date for the
Weightedhearing to be held at the U.S.
average
Department of Commerce, 1401
Exporter/producer
dumping
margin
Constitution Avenue NW, Washington,
(percent)
DC 20230.12
An electronically-filed document
Ahshin Pipe & Tube Company ...
43.91
Bookook Steel Co., Ltd ..............
43.91 must be received successfully in its
Dongbu Steel Co., Ltd ................
43.91 entirety by ACCESS by 5:00 p.m.
Ganungol Industries Co. Ltd ......
43.91 Eastern Time on the established
Hanjin Steel Pipe ........................
43.91 deadline.
Husteel Co., Ltd ..........................
43.91
Commerce intends to issue the final
Hyosung Corporation ..................
43.91 results of this administrative review,
Hyundai Steel Co .......................
43.91 including the results of its analysis of
Hyundai Steel Pipe Company ....
43.91
issues raised in any written briefs, not
K Steel Co. Ltd ...........................
43.91
later than 120 days after the date of
Miju Steel Manufacturing Co.,
Ltd ...........................................
43.91 publication of this notice, unless
NEXTEEL Co., Ltd .....................
43.91 otherwise extended.13
Weightedaverage
dumping
margin
(percent)
POSCO DAEWOO .....................
Sam Kang Industrial Co., Ltd .....
Sam Kang Industries Co., Ltd ....
Samson Controls Ltd., Co ..........
SeAH Steel Corporation .............
Yujin Steel Industry Co. Ltd .......
43.91
43.91
43.91
43.91
43.91
43.91
Disclosure and Public Comment
Commerce intends to disclose the
calculations performed in connection
with these preliminary results to
interested parties within five days after
the date of publication of this notice.6
Interested parties may submit case briefs
to Commerce no later than 30 days after
the date of publication of this notice.7
Rebuttal briefs, limited to issues raised
in the case briefs, may be filed no later
than five days after the time limit for
filing case briefs.8 Parties who submit
case briefs or rebuttal briefs in this
proceeding are encouraged to submit
with each argument: (1) A statement of
the issue; (2) a brief summary of the
argument; and (3) a table of authorities.9
Case and rebuttal briefs should be filed
using ACCESS.10
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
5 This rate is based on the rates for the
respondents that were selected for individual
review, excluding rates that are zero, de minimis or
based entirely on facts available. See section
735(c)(5)(A) of the Act.
6 See 19 CFR 351.224(b).
7 See 19 CFR 351.309(c).
8 See 19 CFR 351.309(d).
9 See 19 CFR 351.309(c)(2) and (d)(2).
10 See 19 CFR 351.303.
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
Assessment Rates
Upon completion of the
administrative review, Commerce shall
determine, and U.S. Customs and
Border Protection (CBP) shall assess,
antidumping duties on all appropriate
entries.14
Pursuant to 19 CFR 351.212(b)(1),
where HiSteel and Kukje Steel reported
the entered value of their U.S. sales, we
calculated importer-specific ad valorem
duty assessment rates based on the ratio
of the total amount of dumping
calculated for the examined sales to the
total entered value of the sales for which
entered value was reported. Where
either the respondent’s weightedaverage dumping margin is zero or de
minimis within the meaning of 19 CFR
351.106(c)(1), or an importer-specific
rate is zero or de minimis, we will
instruct CBP to liquidate the appropriate
entries without regard to antidumping
duties.
For the companies which were not
selected for individual review, we will
assign an assessment rate based on the
average 15 of the cash deposit rates
calculated for HiSteel and Kukje Steel,
excluding any which are zero or de
minimis or determined entirely based
on adverse facts available. Because
11 See
19 CFR 351.310(c).
19 CFR 351.310(d).
13 See section 751(a)(3)(A) of the Act.
14 See 19 CFR 351.212(b).
15 This rate was calculated as discussed in
footnote 5, above.
12 See
E:\FR\FM\18NON1.SGM
18NON1
Federal Register / Vol. 84, No. 222 / Monday, November 18, 2019 / Notices
DOSCO withdrew its participation from
this review and reported no information
to Commerce for this POR, we will
instruct CBP to apply an assessment rate
to all entries it produced and/or
exported equal to the dumping margin
of 53.80 percent, as indicated above.
The final results of this review shall be
the basis for the assessment of
antidumping duties on entries of
merchandise covered by the final results
of this review and for future deposits of
estimated duties, where applicable.
Commerce’s ‘‘automatic assessment’’
will apply to entries of subject
merchandise during the POR produced
by companies included in these final
results of review for which the reviewed
companies did not know that the
merchandise they sold to the
intermediary (e.g., a reseller, trading
company, or exporter) was destined for
the United States. In such instances, 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.16
We intend to issue liquidation
instructions to CBP 15 days after
publication of the final results of this
review.
Cash Deposit Requirements
The following deposit requirements
will be effective for all shipments of the
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 by
section 751(a)(2)(C) of the Act: (1) The
cash deposit rate for the exporters listed
above will be equal to the weightedaverage dumping margin established in
the final results of this review, except if
the rate is less than 0.50 percent and
therefore de minimis within the
meaning of 19 CFR 351.106(c)(1), in
which case the cash deposit rate will be
zero; (2) for companies not participating
in this review, the cash deposit rate will
continue to be the company-specific
cash deposit rate published for the most
recently completed segment; (3) if the
exporter is not a firm covered in this
review, or the original less-than-fairvalue (LTFV) investigation, but the
producer is, then the cash deposit rate
will be the cash deposit rate established
for the most recently completed segment
for the producer of the merchandise;
and (4) the cash deposit rate for all other
producers or exporters will continue to
16 For
a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
VerDate Sep<11>2014
17:41 Nov 15, 2019
Jkt 250001
be 3.24 percent, the all-others rate
established in the LTFV investigation.17
These 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
review period. 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
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: November 6, 2019.
Jeffrey I. Kessler,
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. Companies Not Selected for Individual
Examination
V. Discussion of the Methodology
VI. Application of Facts Available and Use of
Adverse Inference
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2019–24854 Filed 11–15–19; 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; 2017–
2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that certain oil country tubular goods
(OCTG) from the Republic of Korea
AGENCY:
17 See Heavy Walled Rectangular Welded Carbon
Steel Pipes and Tubes from the Republic of Korea,
Mexico, and the Republic of Turkey: Antidumping
Duty Orders, 81 FR 62865, 62866 (September 13,
2016).
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
63615
(Korea) are being sold in the United
States at prices below normal value. The
period of review (POR) is September 1,
2017 through August 31, 2018.
Interested parties are invited to
comment on these preliminary results.
DATES: Applicable November 18, 2019.
FOR FURTHER INFORMATION CONTACT:
Davina Friedmann or Julie Geiger, 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) 482–0698 or (202) 482–2057,
respectively.
SUPPLEMENTARY INFORMATION:
Background
These preliminary results are made in
accordance with section 733(b) of the
Tariff Act of 1930, as amended (the Act).
Commerce published the notice of
initiation of this administrative review
on November 15, 2018.1 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, 2019.2
Commerce selected Hyundai Steel
Company (Hyundai Steel) and SeAH
Steel Corporation (SeAH) as the two
mandatory respondents in this review.3
Commerce extended the time limit for
completing the preliminary results of
this administrative review, and the
revised deadline is now November 8,
2019.4 On August 6, 2019, Commerce
received a timely filed allegation that a
particular market situation (PMS)
existed with respect to Hyundai Steel’s
and SeAH’s costs of production of
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 83 FR
57411 (November 15, 2018) (Initiation Notice).
2 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 have been extended by 40 days.
3 See Memorandum, ‘‘2017–2018 Administrative
Review of the Antidumping Duty Order on Oil
Country Tubular Goods from the Republic of Korea:
Respondent Selection,’’ dated February 15, 2019.
4 See Memoranda, ‘‘Certain Oil Country Tubular
Goods from the Republic of Korea: Extension of
Time Limit for Preliminary Results of Antidumping
Duty Administrative Review’’ dated July 1, 2019;
‘‘Certain Oil Country Tubular Goods from the
Republic of Korea: Extension of Time Limit for
Preliminary Results of Antidumping Duty
Administrative Review,’’ dated September 6, 2019;
and ‘‘Certain Oil Country Tubular Goods from the
Republic of Korea: Extension of Time Limit for
Preliminary Results of Antidumping Duty
Administrative Review,’’ dated October 31, 2019.
E:\FR\FM\18NON1.SGM
18NON1
]]>Agencies
[Federal Register Volume 84, Number 222 (Monday, November 18, 2019)]
[Notices]
[Pages 63613-63615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24854]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-880]
Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From
the Republic of Korea: Preliminary Results of Antidumping Duty
Administrative Review; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that the producers/exporters subject to this administrative review made
sales of subject merchandise at less than normal value (NV). Interested
parties are invited to comment on these preliminary results of review.
DATES: Applicable November 18, 2019.
FOR FURTHER INFORMATION CONTACT: Alice Maldonado or Whitley Herndon,
AD/CVD Operations, Office II, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-4682 or (202)
482-6274, respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 15, 2018, based on timely requests for review, in
accordance with 19 CFR 351.221(c)(1)(i), we initiated an administrative
review on heavy walled rectangular welded carbon steel pipes and tubes
from Korea.\1\ This review covers 21 producers and exporters of the
subject merchandise. Commerce selected Dong-A Steel Company (DOSCO),
HiSteel Co., Ltd (HiSteel), and Kukje Steel Co., Ltd. (Kukje Steel) for
individual examination. DOSCO informed Commerce that it did not intend
to respond to the questionnaire or participate as a mandatory
respondent in this administrative review. The producers and/or
exporters not selected for individual examination are listed in the
``Preliminary Results of the Review'' section of this notice.
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 57411 (November 15, 2018).
---------------------------------------------------------------------------
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 28, 2019.\2\ On June 10, 2019,
Commerce extended the preliminary results of this review by 117 days,
until November 6, 2019.\3\ For a complete description of the events
that followed the initiation of this review, see the Preliminary
Decision Memorandum.
---------------------------------------------------------------------------
\2\ 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
have been extended by 40 days.
\3\ See Memorandum, ``Heavy Walled Rectangular Welded Carbon
Steel Pipes and Tubes from the Republic of Korea: Extension of
Deadline for Preliminary Results of the 2nd Antidumping Duty
Administrative Review,'' dated June 10, 2019.
---------------------------------------------------------------------------
Scope of the Order
The products covered by the order are certain heavy walled
rectangular welded steel pipes and tubes from the Republic of Korea
(Korea). Products subject to the order are currently classified under
the Harmonized Tariff Schedule of the United States (HTSUS) item number
7306.61.1000. Subject merchandise may also be classified under
7306.61.3000.
[[Page 63614]]
Although the HTSUS numbers and ASTM specification are provided for
convenience and for customs purposes, the written product description
remains dispositive.\4\
---------------------------------------------------------------------------
\4\ For a full description of the scope of the order, see
Memorandum, ``Decision Memorandum for the Preliminary Results of the
2017-2018 Administrative Review of the Antidumping Duty Order on
Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from
Korea,'' dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act).
Export price is calculated in accordance with section 772 of the Act.
NV is calculated in accordance with section 773 of the Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. The Preliminary
Decision Memorandum is a public document and is 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 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 at https://enforcement.trade.gov/frn/. The signed
and electronic versions of the Preliminary Decision Memorandum are
identical in content. A list of the topics discussed in the Preliminary
Decision Memorandum is attached as an Appendix to this notice.
Adverse Facts Available
Because mandatory respondent DOSCO failed to respond to Commerce's
questionnaire, we preliminarily determine to apply facts otherwise
available with adverse inferences (AFA) to this respondent, in
accordance with sections 776(a) and (b) of the Act and 19 CFR 351.308.
For further discussion, see the Preliminary Decision Memorandum.
Preliminary Results of the Review
As a result of this review, we preliminarily determine that the
following weighted-average dumping margins exist for the respondents
for the period September 1, 2017 through August 31, 2018:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Dong-A Steel Company........................................ 53.80
HiSteel Co., Ltd............................................ 40.40
Kukje Steel Co., Ltd........................................ 51.27
------------------------------------------------------------------------
Review-Specific Average Rate Applicable to the Following Companies:
\5\
---------------------------------------------------------------------------
\5\ This rate is based on the rates for the respondents that
were selected for individual review, excluding rates that are zero,
de minimis or based entirely on facts available. See section
735(c)(5)(A) of the Act.
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Ahshin Pipe & Tube Company.................................. 43.91
Bookook Steel Co., Ltd...................................... 43.91
Dongbu Steel Co., Ltd....................................... 43.91
Ganungol Industries Co. Ltd................................. 43.91
Hanjin Steel Pipe........................................... 43.91
Husteel Co., Ltd............................................ 43.91
Hyosung Corporation......................................... 43.91
Hyundai Steel Co............................................ 43.91
Hyundai Steel Pipe Company.................................. 43.91
K Steel Co. Ltd............................................. 43.91
Miju Steel Manufacturing Co., Ltd........................... 43.91
NEXTEEL Co., Ltd............................................ 43.91
POSCO DAEWOO................................................ 43.91
Sam Kang Industrial Co., Ltd................................ 43.91
Sam Kang Industries Co., Ltd................................ 43.91
Samson Controls Ltd., Co.................................... 43.91
SeAH Steel Corporation...................................... 43.91
Yujin Steel Industry Co. Ltd................................ 43.91
------------------------------------------------------------------------
Disclosure and Public Comment
Commerce intends to disclose the calculations performed in
connection with these preliminary results to interested parties within
five days after the date of publication of this notice.\6\ Interested
parties may submit case briefs to Commerce no later than 30 days after
the date of publication of this notice.\7\ Rebuttal briefs, limited to
issues raised in the case briefs, may be filed no later than five days
after the time limit for filing case briefs.\8\ Parties who submit case
briefs or rebuttal briefs in this proceeding are encouraged to submit
with each argument: (1) A statement of the issue; (2) a brief summary
of the argument; and (3) a table of authorities.\9\ Case and rebuttal
briefs should be filed using ACCESS.\10\
---------------------------------------------------------------------------
\6\ See 19 CFR 351.224(b).
\7\ See 19 CFR 351.309(c).
\8\ See 19 CFR 351.309(d).
\9\ See 19 CFR 351.309(c)(2) and (d)(2).
\10\ See 19 CFR 351.303.
---------------------------------------------------------------------------
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, U.S. Department of Commerce,
filed electronically via ACCESS within 30 days after the date of
publication of this notice.\11\ Hearing requests should contain: (1)
The party's name, address, and telephone number; (2) the number of
participants; and (3) a list of issues to be discussed. Issues raised
in the hearing will be limited to issues raised in the briefs. If a
request for a hearing is made, parties will be notified of the time and
date for the hearing to be held at the U.S. Department of Commerce,
1401 Constitution Avenue NW, Washington, DC 20230.\12\
---------------------------------------------------------------------------
\11\ See 19 CFR 351.310(c).
\12\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------
An electronically-filed document must be received successfully in
its entirety by ACCESS by 5:00 p.m. Eastern Time on the established
deadline.
Commerce intends to issue the final results of this administrative
review, including the results of its analysis of issues raised in any
written briefs, not later than 120 days after the date of publication
of this notice, unless otherwise extended.\13\
---------------------------------------------------------------------------
\13\ See section 751(a)(3)(A) of the Act.
---------------------------------------------------------------------------
Assessment Rates
Upon completion of the administrative review, Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries.\14\
---------------------------------------------------------------------------
\14\ See 19 CFR 351.212(b).
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.212(b)(1), where HiSteel and Kukje Steel
reported the entered value of their U.S. sales, we calculated importer-
specific ad valorem duty assessment rates based on the ratio of the
total amount of dumping calculated for the examined sales to the total
entered value of the sales for which entered value was reported. Where
either the respondent's weighted-average dumping margin is zero or de
minimis within the meaning of 19 CFR 351.106(c)(1), or an importer-
specific rate is zero or de minimis, we will instruct CBP to liquidate
the appropriate entries without regard to antidumping duties.
For the companies which were not selected for individual review, we
will assign an assessment rate based on the average \15\ of the cash
deposit rates calculated for HiSteel and Kukje Steel, excluding any
which are zero or de minimis or determined entirely based on adverse
facts available. Because
[[Page 63615]]
DOSCO withdrew its participation from this review and reported no
information to Commerce for this POR, we will instruct CBP to apply an
assessment rate to all entries it produced and/or exported equal to the
dumping margin of 53.80 percent, as indicated above. The final results
of this review shall be the basis for the assessment of antidumping
duties on entries of merchandise covered by the final results of this
review and for future deposits of estimated duties, where applicable.
---------------------------------------------------------------------------
\15\ This rate was calculated as discussed in footnote 5, above.
---------------------------------------------------------------------------
Commerce's ``automatic assessment'' will apply to entries of
subject merchandise during the POR produced by companies included in
these final results of review for which the reviewed companies did not
know that the merchandise they sold to the intermediary (e.g., a
reseller, trading company, or exporter) was destined for the United
States. In such instances, 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.\16\
---------------------------------------------------------------------------
\16\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
We intend to issue liquidation instructions to CBP 15 days after
publication of the final results of this review.
Cash Deposit Requirements
The following deposit requirements will be effective for all
shipments of the 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 by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for the exporters
listed above will be equal to the weighted- average dumping margin
established in the final results of this review, except if the rate is
less than 0.50 percent and therefore de minimis within the meaning of
19 CFR 351.106(c)(1), in which case the cash deposit rate will be zero;
(2) for companies not participating in this review, the cash deposit
rate will continue to be the company-specific cash deposit rate
published for the most recently completed segment; (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, then the cash deposit
rate will be the cash deposit rate established for the most recently
completed segment for the producer of the merchandise; and (4) the cash
deposit rate for all other producers or exporters will continue to be
3.24 percent, the all-others rate established in the LTFV
investigation.\17\ These deposit requirements, when imposed, shall
remain in effect until further notice.
---------------------------------------------------------------------------
\17\ See Heavy Walled Rectangular Welded Carbon Steel Pipes and
Tubes from the Republic of Korea, Mexico, and the Republic of
Turkey: Antidumping Duty Orders, 81 FR 62865, 62866 (September 13,
2016).
---------------------------------------------------------------------------
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 review period. 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
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: November 6, 2019.
Jeffrey I. Kessler,
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. Companies Not Selected for Individual Examination
V. Discussion of the Methodology
VI. Application of Facts Available and Use of Adverse Inference
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2019-24854 Filed 11-15-19; 8:45 am]
BILLING CODE 3510-DS-P
