Circular Welded Non-Alloy Steel Pipe From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2017-2018, 2719-2721 [2020-00642]
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Federal Register / Vol. 85, No. 11 / Thursday, January 16, 2020 / Notices
rate for all other producers or exporters
will continue to be 6.19 percent, the allothers rate established in the
investigation.7 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
khammond on DSKJM1Z7X2PROD with NOTICES
Disclosure and Public Comment
Commerce intends to disclose the
calculations performed in these
preliminary results to parties in this
proceeding within five days of the date
of publication of this notice in the
Federal Register.8
Pursuant to 19 CFR 351.309(c)(ii),
interested parties may submit case briefs
not later than 30 days after the date of
publication of this notice. Rebuttal
briefs, limited to issues raised in the
case briefs, may be filed no later than
five days after the date for filing case
briefs.9 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.10 All briefs
must be filed electronically using
ACCESS. An electronically filed
document must be received successfully
in its entirety by the established
deadline.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance within 30 days after the
date of publication of this notice in the
Federal Register. 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. If a request for a hearing
is made, parties will be notified of the
time and date for the hearing, which
will be held at the U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230.
Unless extended, Commerce intends
to issue the final results of this
administrative review, including the
results of its analysis of each of the
issues raised in written briefs, not later
than 120 days after the date of
publication of this notice in the Federal
Register, pursuant to section
751(a)(3)(A) of the Act and 19 CFR
351.213(h)(1).
Notification to Importers
This notice serves as a preliminary
reminder to importers of their
7 See
MSG Investigation Final Determination.
19 CFR 351.224(b).
9 See 19 CFR 351.309(d).
10 See 19 CFR 351.309(c)(2) and (d)(2); see also 19
CFR 351.303 (for general filing requirements).
8 See
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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 the
Secretary’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 preliminary results in accordance
with sections 751(a)(1) and 777(i) of the
Act, and 19 CFR 351.221(b)(4).
Dated: January 8, 2020.
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. Discussion of the Methodology
V. Normal Value
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2020–00645 Filed 1–15–20; 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:
Preliminary Results of Antidumping
Duty Administrative Review; 2017–
2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is conducting an
administrative review of the
antidumping duty order on circular
welded non-alloy steel pipe (CWP) from
the Republic of Korea (Korea). The
period of review (POR) is November 1,
2017 through October 31, 2018.
Commerce preliminarily determines
that the producers/exporters subject to
this review made sales of subject
merchandise at less than normal value.
We invite interested parties to comment
on these preliminary results.
DATES: Applicable January 16, 2020.
FOR FURTHER INFORMATION CONTACT: Jerry
Huang or Justin Neuman, AD/CVD
Operations, Office V, Enforcement and
AGENCY:
PO 00000
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Fmt 4703
Sfmt 4703
2719
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–4047 or (202) 482–0486,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 6, 2019, Commerce
initiated the administrative review of
the antidumping duty order on CWP
from Korea in accordance with section
751(a) of the Tariff Act of 1930, as
amended (the Act).1 This review covers
25 companies,2 including mandatory
respondents Husteel Co., Ltd. (Husteel)
and Nexteel Co., Ltd. (Nexteel).3 The
remaining 23 companies were not
selected for individual examination and
remain subject to this administrative
review. 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, resulting in a revised deadline
for these preliminary results.4
Additionally, Commerce extended the
deadline for the preliminary results
until January 9, 2020.5
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
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
2159 (February 6, 2019).
2 Id. at 2161–2162.
3 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, ‘‘Antidumping Duty Administrative
Review: Circular Welded Non-Alloy Steel Pipe from
the Republic of Korea, Respondent Selection
Memorandum’’, dated March 25, 2019.
4 See Memorandum, ‘‘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.
5 See Memorandum, ‘‘Circular Welded Non-Alloy
Steel Pipe from Republic of Korea: Extension of
Deadline for Preliminary Results of 2017–2018
Antidumping Administrative Review,’’ dated
August 27, 2019.
E:\FR\FM\16JAN1.SGM
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2720
Federal Register / Vol. 85, No. 11 / Thursday, January 16, 2020 / Notices
contained in the Preliminary Decision
Memorandum.6
khammond on DSKJM1Z7X2PROD with NOTICES
Methodology
Commerce is conducting this review
in accordance with section 751(a) of the
Act. For a full description of the
methodology underlying these
preliminary results, see the Preliminary
Decision Memorandum. A list of the
topics included in the Preliminary
Decision Memorandum is included as
an appendix to this notice. The
Preliminary Decision Memorandum is a
public document and is made available
to the public via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov, and 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 is available at https://
enforcement.trade.gov/frn/. The signed
and electronic versions of the
Preliminary Decision Memorandum are
identical in content.
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 individual
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 weightedaverage dumping margins established
for exporters and producers
individually investigated, excluding any
zero or de minimis margins, and any
margins determined entirely {on the
basis of facts available}.’’
In this review, we have preliminarily
calculated weighted-average dumping
margins for Husteel and Nexteel that are
not zero, de minimis, or determined
entirely on the basis of facts available.
6 For
a full description of the scope of the order,
see Memorandum, ‘‘Decision Memorandum for the
Preliminary Results of Antidumping Duty
Administrative Review: Circular Welded Non-Alloy
Steel Pipe from the Republic of Korea: 2017–2018,’’
dated concurrently with, and hereby adopted by
this notice (Preliminary Decision Memorandum).
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17:49 Jan 15, 2020
Jkt 250001
Accordingly, we have preliminarily
assigned to the companies not
individually examined in this review a
margin of 23.74 percent, which is the
weighted-average of the antidumping
duty margins calculated using the
public ranged sales data of Husteel and
Nexteel.7
Preliminary Results of the
Administrative Review
We preliminarily determine that the
following weighted-average dumping
margins exist for the respondents for the
period November 1, 2017 through
October 31, 2018:
Weightedaverage
dumping
margin
(percent)
Producer and/or 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 Co., Ltd ....................................
Hyundai Rb ...........................................
Hyundai Steel (Pipe Division) ...............
Hyundai Steel Company .......................
Kiduck Industries ...................................
Kum Kang Kind .....................................
Kumsoo Connecting ..............................
Miju Steel Manufacturing ......................
Nexteel Co., Ltd ....................................
Samkang M&T ......................................
Seah Fs .................................................
Seah Steel .............................................
Steel Flower ..........................................
Vesta Co., Ltd .......................................
Yep Co ..................................................
23.74
23.74
23.74
23.74
23.74
23.74
23.74
23.74
23.74
23.74
5.11
23.74
23.74
23.74
23.74
23.74
23.74
23.74
31.64
23.74
23.74
23.74
23.74
23.74
23.74
Disclosure and Public Comment
We intend to disclose the calculations
performed for these preliminary results
to the parties within five days after
public announcement of the preliminary
results in accordance with 19 CFR
351.224(b). Pursuant to 19 CFR
351.309(c), interested parties may
submit case briefs not later than 30 days
after the date of publication of this
notice. Rebuttal briefs, limited to issues
raised in the case briefs, may be filed
not later than five days after the date for
filing case briefs.8 Parties who submit
case briefs or rebuttal briefs in this
proceeding are encouraged to submit
with each argument: (1) A statement of
7 For a full description of the rate for nonexamined companies, see Preliminary Decision
Memorandum; see also Memorandum, ‘‘Circular
Welded Non-Alloy Steel Pipe from the Republic of
Korea: Calculation of the Margin for Respondents
Not Selected for Individual Examination,’’ dated
January 9, 2020.
8 See 19 CFR 351.309(d).
PO 00000
Frm 00028
Fmt 4703
Sfmt 4703
the issue, (2) a brief summary of the
argument, and (3) a table of authorities.9
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, must submit a written request
to the Assistant Secretary for
Enforcement and Compliance, filed
electronically via ACCESS. An
electronically filed document must be
received successfully in its entirety by
the Department’s electronic records
system, ACCESS, by 5:00 p.m. Eastern
Time within 30 days after the date of
publication of this notice.10 Requests
should contain: (1) The party’s name,
address and telephone number; (2) the
number of participants; and (3) a list of
issues to be discussed. Issues raised in
the hearing will be limited to those
raised in the respective case briefs.
Commerce will issue the final results of
this administrative review, including
the results of its analysis of the issues
raised in any written briefs, not later
than 120 days after the date of
publication of this notice, pursuant to
section 751(a)(3)(A) of the Act.
Assessment Rates
Upon completion of this
administrative review, Commerce shall
determine, and CBP shall assess,
antidumping duties on all appropriate
entries. If Husteel or Nexteel’s weightedaverage dumping margin is not zero or
de minimis (i.e., less than 0.5 percent)
in the final results of this review, we
will calculate importer-specific ad
valorem antidumping duty assessment
rates based on the ratio of the total
amount of dumping calculated for the
importer’s examined sales to the total
entered value of those same sales in
accordance with 19 CFR 351.212(b)(1).
We will instruct CBP to assess
antidumping duties on all appropriate
entries covered by this review when the
importer-specific assessment rate
calculated in the final results of this
review is not zero or de minimis. If a
respondent’s weighted-average dumping
margin is zero or de minimis, we will
instruct CBP to liquidate the appropriate
entries without regard to antidumping
duties. 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.11
In accordance with Commerce’s
‘‘automatic assessment’’ practice, for
entries of subject merchandise during
the POR produced by Husteel or Nexteel
for which it did not know that the
9 See
19 CFR 351.309(c)(2) and (d)(2).
19 CFR 351.310(c).
11 See section 751(a)(2)(C) of the Act.
10 See
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16JAN1
Federal Register / Vol. 85, No. 11 / Thursday, January 16, 2020 / Notices
Dated: January 9, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Cash Deposit Requirements
Appendix
The following deposit requirements
will be effective upon publication of the
notice of final results of this review for
all shipments of CWP from Korea
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication as provided by section
751(a)(2) of the Act: (1) The cash deposit
rate for companies subject to this review
will be the rates established in the final
results of the 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 recent period; (3)
if the exporter is not a firm covered in
this review, a prior review, or the
original investigation but the producer
is, then the cash deposit rate will be the
rate established for the most recent
period for the producer of the
merchandise; (4) the cash deposit rate
for all other producers or exporters will
continue to be 4.80 percent,13 the allothers rate established in the less-thanfair-value investigation, adjusted for the
export-subsidy rate in the companion
countervailing duty investigation.
These cash deposit requirements,
when imposed, shall remain in effect
until further notice.
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Rates for Respondents Not Selected for
Individual Examination
V. Discussion of the Methodology
VI. Export Price and Constructed Export
Price
VII. Normal Value
VIII. Currency Conversion
IX. Recommendation
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
khammond on DSKJM1Z7X2PROD with NOTICES
subsequent assessment of double
antidumping duties.
Commerce is issuing and publishing
these results in accordance with
sections 751(a)(1) and 777(i) of the Act
and 19 CFR 351.221(b)(4).
merchandise was destined to the United
States, we will instruct CBP to liquidate
those entries at the all-others rate if
there is no rate for the intermediate
company(ies) involved in the
transaction.12
We intend to issue liquidation
instructions to CBP 15 days after
publication of the final results of this
review.
12 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
13 See 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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17:49 Jan 15, 2020
Jkt 250001
[FR Doc. 2020–00642 Filed 1–15–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Submission for OMB Review;
Comment Request
The Department of Commerce will
submit to the Office of Management and
Budget (OMB) for clearance the
following proposal for collection of
information under the provisions of the
Paperwork Reduction Act.
Agency: National Oceanic and
Atmospheric Administration (NOAA).
Title: Tilefish Individual Fishing
Quota Program.
OMB Control Number: 0648–0590.
Form Number(s): None.
Type of Request: Regular (extension,
without change, of a currently approved
collection).
Number of Respondents: 12.
Average Hours per Response: IFQ
Allocation Permit—30 minutes; IFQ
Allocation Interest Declaration and IFQ
Transfer forms—5 minutes each; Fees
and Cost Recovery—1 minute.
Burden Hours: 20.5.
Needs and Uses: NOAA Fisheries
needs to administer and monitor the
Tilefish Individual Fishing Quota (IFQ)
Program to ensure the fishery can
achieve optimum yield while avoiding
overfishing. To administer the IFQ
program, the agency issues annual IFQ
Allocation permits. These permits are
needed to inform allocation holders of
their annual catch quota and for
enforcement purposes to ensure vessels
PO 00000
Frm 00029
Fmt 4703
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2721
do not exceed an individual quota
allocation. To achieve its objectives, it is
essential that an IFQ program allow the
free transfer of quota shares. In order to
process an IFQ transfer (temporary or
permanent), NMFS requires that an IFQ
Allocation permit holder submit an IFQ
transfer form. When the Mid-Atlantic
Fishery Management Council
established the Tilefish IFQ Program, it
included a provision that no person,
corporation, or other entity may hold
more that 49 percent of the total tilefish
IFQ allocation. In order to monitor this
cap, IFQ Allocation permit holders must
disclose their ownership interest in any
other holder of IFQ allocation annually,
prior to receiving their annual permit. In
addition to other provisions, the
Magnuson-Stevens Fishery
Conservation and Management Act
requires NOAA Fisheries to collect fees
to recover the costs directly related to
the management, data collection and
analysis, and enforcement of IFQ
programs.
Affected Public: Individuals or
households and Business or other forprofit.
Frequency: Annually and as
requested.
Respondent’s Obligation: Required to
obtain or retain benefits.
This information collection request
may be viewed at reginfo.gov. Follow
the instructions to view Department of
Commerce collections currently under
review by OMB.
Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to OIRA_Submission@
omb.eop.gov or fax to (202) 395–5806.
Sheleen Dumas,
Department PRA Clearance Officer, Office of
the Chief Information Officer, Commerce
Department.
[FR Doc. 2020–00602 Filed 1–15–20; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration Submission for OMB
Review; Comment Request
The Department of Commerce will
submit to the Office of Management and
Budget (OMB) for clearance the
following proposal for collection of
information under the provisions of the
Paperwork Reduction Act.
Agency: National Oceanic and
Atmospheric Administration (NOAA).
Title: Southeast Region Dealer and
Interview Family of Forms.
OMB Control Number: 0648–0013.
E:\FR\FM\16JAN1.SGM
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]]>Agencies
[Federal Register Volume 85, Number 11 (Thursday, January 16, 2020)]
[Notices]
[Pages 2719-2721]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00642]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-809]
Circular Welded Non-Alloy Steel Pipe 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) is conducting an
administrative review of the antidumping duty order on circular welded
non-alloy steel pipe (CWP) from the Republic of Korea (Korea). The
period of review (POR) is November 1, 2017 through October 31, 2018.
Commerce preliminarily determines that the producers/exporters subject
to this review made sales of subject merchandise at less than normal
value. We invite interested parties to comment on these preliminary
results.
DATES: Applicable January 16, 2020.
FOR FURTHER INFORMATION CONTACT: Jerry Huang or Justin Neuman, AD/CVD
Operations, Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4047 or (202) 482-0486,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 6, 2019, Commerce initiated the administrative review
of the antidumping duty order on CWP from Korea in accordance with
section 751(a) of the Tariff Act of 1930, as amended (the Act).\1\ This
review covers 25 companies,\2\ including mandatory respondents Husteel
Co., Ltd. (Husteel) and Nexteel Co., Ltd. (Nexteel).\3\ The remaining
23 companies were not selected for individual examination and remain
subject to this administrative review. 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, resulting in a revised deadline for
these preliminary results.\4\ Additionally, Commerce extended the
deadline for the preliminary results until January 9, 2020.\5\
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 2159 (February 6, 2019).
\2\ Id. at 2161-2162.
\3\ 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, ``Antidumping
Duty Administrative Review: Circular Welded Non-Alloy Steel Pipe
from the Republic of Korea, Respondent Selection Memorandum'', dated
March 25, 2019.
\4\ See Memorandum, ``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.
\5\ See Memorandum, ``Circular Welded Non-Alloy Steel Pipe from
Republic of Korea: Extension of Deadline for Preliminary Results of
2017-2018 Antidumping Administrative Review,'' dated August 27,
2019.
---------------------------------------------------------------------------
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
[[Page 2720]]
contained in the Preliminary Decision Memorandum.\6\
---------------------------------------------------------------------------
\6\ For a full description of the scope of the order, see
Memorandum, ``Decision Memorandum for the Preliminary Results of
Antidumping Duty Administrative Review: Circular Welded Non-Alloy
Steel Pipe from the Republic of Korea: 2017-2018,'' dated
concurrently with, and hereby adopted by this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a) of the Act. For a full description of the methodology underlying
these preliminary results, see the Preliminary Decision Memorandum. A
list of the topics included in the Preliminary Decision Memorandum is
included as an appendix to this notice. The Preliminary Decision
Memorandum is a public document and is made available to the public via
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov, and 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 is
available at https://enforcement.trade.gov/frn/. The signed and
electronic versions of the Preliminary Decision Memorandum are
identical in content.
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
individual 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 Husteel and Nexteel that are not zero, de minimis,
or determined entirely on the basis of facts available. Accordingly, we
have preliminarily assigned to the companies not individually examined
in this review a margin of 23.74 percent, which is the weighted-average
of the antidumping duty margins calculated using the public ranged
sales data of Husteel and Nexteel.\7\
---------------------------------------------------------------------------
\7\ For a full description of the rate for non-examined
companies, see Preliminary Decision Memorandum; see also Memorandum,
``Circular Welded Non-Alloy Steel Pipe from the Republic of Korea:
Calculation of the Margin for Respondents Not Selected for
Individual Examination,'' dated January 9, 2020.
---------------------------------------------------------------------------
Preliminary Results of the Administrative Review
We preliminarily determine that the following weighted-average
dumping margins exist for the respondents for the period November 1,
2017 through October 31, 2018:
------------------------------------------------------------------------
Weighted-
average
Producer and/or exporter dumping
margin
(percent)
------------------------------------------------------------------------
Aju Besteel................................................. 23.74
Bookook Steel............................................... 23.74
Chang Won Bending........................................... 23.74
Dae Ryung................................................... 23.74
Daewoo Shipbuilding & Marine Engineering (Dsme)............. 23.74
Daiduck Piping.............................................. 23.74
Dong Yang Steel Pipe........................................ 23.74
Dongbu Steel................................................ 23.74
Eew Korea Company........................................... 23.74
Histeel..................................................... 23.74
Husteel Co., Ltd............................................ 5.11
Hyundai Rb.................................................. 23.74
Hyundai Steel (Pipe Division)............................... 23.74
Hyundai Steel Company....................................... 23.74
Kiduck Industries........................................... 23.74
Kum Kang Kind............................................... 23.74
Kumsoo Connecting........................................... 23.74
Miju Steel Manufacturing.................................... 23.74
Nexteel Co., Ltd............................................ 31.64
Samkang M&T................................................. 23.74
Seah Fs..................................................... 23.74
Seah Steel.................................................. 23.74
Steel Flower................................................ 23.74
Vesta Co., Ltd.............................................. 23.74
Yep Co...................................................... 23.74
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Disclosure and Public Comment
We intend to disclose the calculations performed for these
preliminary results to the parties within five days after public
announcement of the preliminary results in accordance with 19 CFR
351.224(b). Pursuant to 19 CFR 351.309(c), interested parties may
submit case briefs not later than 30 days after the date of publication
of this notice. Rebuttal briefs, limited to issues raised in the case
briefs, may be filed not later than five days after the date for filing
case briefs.\8\ Parties who submit case briefs or rebuttal briefs in
this proceeding are encouraged to submit with each argument: (1) A
statement of the issue, (2) a brief summary of the argument, and (3) a
table of authorities.\9\
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\8\ See 19 CFR 351.309(d).
\9\ See 19 CFR 351.309(c)(2) and (d)(2).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. An electronically filed document must be received successfully
in its entirety by the Department's electronic records system, ACCESS,
by 5:00 p.m. Eastern Time within 30 days after the date of publication
of this notice.\10\ Requests should contain: (1) The party's name,
address and telephone number; (2) the number of participants; and (3) a
list of issues to be discussed. Issues raised in the hearing will be
limited to those raised in the respective case briefs. Commerce will
issue the final results of this administrative review, including the
results of its analysis of the issues raised in any written briefs, not
later than 120 days after the date of publication of this notice,
pursuant to section 751(a)(3)(A) of the Act.
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\10\ See 19 CFR 351.310(c).
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Assessment Rates
Upon completion of this administrative review, Commerce shall
determine, and CBP shall assess, antidumping duties on all appropriate
entries. If Husteel or Nexteel's weighted-average dumping margin is not
zero or de minimis (i.e., less than 0.5 percent) in the final results
of this review, we will calculate importer-specific ad valorem
antidumping duty assessment rates based on the ratio of the total
amount of dumping calculated for the importer's examined sales to the
total entered value of those same sales in accordance with 19 CFR
351.212(b)(1). We will instruct CBP to assess antidumping duties on all
appropriate entries covered by this review when the importer-specific
assessment rate calculated in the final results of this review is not
zero or de minimis. If a respondent's weighted-average dumping margin
is zero or de minimis, we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties. 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.\11\
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\11\ See section 751(a)(2)(C) of the Act.
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by Husteel
or Nexteel for which it did not know that the
[[Page 2721]]
merchandise was destined to the United States, we will instruct CBP to
liquidate those 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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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 upon
publication of the notice of final results of this review for all
shipments of CWP from Korea entered, or withdrawn from warehouse, for
consumption on or after the date of publication as provided by section
751(a)(2) of the Act: (1) The cash deposit rate for companies subject
to this review will be the rates established in the final results of
the 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 recent period; (3) if the exporter
is not a firm covered in this review, a prior review, or the original
investigation but the producer is, then the cash deposit rate will be
the rate established for the most recent period for the producer of the
merchandise; (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 less-than-fair-value investigation, adjusted for the
export-subsidy rate in the companion countervailing duty investigation.
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\13\ See 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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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.
Commerce is issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.221(b)(4).
Dated: January 9, 2020.
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. Rates for Respondents Not Selected for Individual Examination
V. Discussion of the Methodology
VI. Export Price and Constructed Export Price
VII. Normal Value
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2020-00642 Filed 1-15-20; 8:45 am]
BILLING CODE 3510-DS-P
