Certain Oil Country Tubular Goods From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2017-2018, 41949-41951 [2020-15052]
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Federal Register / Vol. 85, No. 134 / Monday, July 13, 2020 / Notices
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Sheleen Dumas,
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the Chief Information Officer, Commerce
Department.
[FR Doc. 2020–13522 Filed 7–10–20; 8:45 am]
BILLING CODE 3510–06–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–870]
Certain Oil Country Tubular Goods
From the Republic of Korea: Final
Results of Antidumping Duty
Administrative Review; 2017–2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that SeAH Steel
Corporation (SeAH), producer/exporter
of certain oil country tubular goods
(OCTG) 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) September 1, 2017 through
August 31, 2018, but producer/exporter
Hyundai Steel Company (Hyundai
Steel) did not sell subject merchandise
in the United States below NV during
the POR.
DATES: Applicable July 13, 2020.
FOR FURTHER INFORMATION CONTACT:
Davina Friedmann, 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.
SUPPLEMENTARY INFORMATION:
jbell on DSKJLSW7X2PROD with NOTICES
AGENCY:
Background
On November 18, 2019, Commerce
published the Preliminary Results of
this administrative review.1 We invited
interested parties to comment on the
Preliminary Results. Between January 2
and 14, 2020, Commerce received
1 See Certain Oil Country Tubular Goods from the
Republic of Korea: Preliminary Results of
Antidumping Duty Administrative Review; 2017–
2018, 84 FR 63615 (November 18, 2019)
(Preliminary Results), and accompanying Decision
Memorandum.
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20:25 Jul 10, 2020
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timely filed case and rebuttal briefs from
various interested parties.2 On February
7, 2020, we held a public hearing
concerning the issues raised in the case
and rebuttal briefs.3
On March 12, 2020, we extended the
deadline for the final results.4 On April
24, 2020, Commerce tolled all deadlines
in administrative reviews by 50 days,
thereby extending the deadline for these
results until July 6, 2020.5
These final results cover 32
companies.6 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
2 See Letter from AJU Besteel Co., Ltd. (AJU
Besteel), ‘‘Certain Oil Country Tubular Goods from
the Republic of Korea—Letter in Support of Case
Briefs,’’ dated January 3, 2020; Letter from the
following Domestic Interested Parties (DIPs):
Maverick Tube Corporation (Maverick), Tenaris Bay
City, Inc. (Tenaris), United States Steel Corporation
(U.S. Steel), TMK IPSCO, Vallourec Star, L.P., and
Welded Tube USA, ‘‘Oil Country Tubular Goods
from the Republic of Korea: Case Brief of Maverick
Tube Corporation and Tenaris Bay City, Inc.,’’ dated
January 3, 2020; Letter from ILJIN Steel Corporation
(ILJIN), ‘‘Oil Country Tubular Goods from the
Republic of Korea: Case Brief,’’ dated January 3,
2020; Letter from SeAH, ‘‘Administrative Review of
the Antidumping Order on Oil Country Tubular
Goods from Korea: Case Brief of SeAH Steel
Corporation,’’ dated January 3, 2020; Letter from
Husteel Co., Ltd. (Husteel), ‘‘Oil Country Tubular
Goods from the Republic of Korea, 9/1/2017–8/31/
2018 Administrative Review, Case No. A–580–870:
Case Brief,’’ dated January 3, 2020; Letter from
NEXTEEL Co., Ltd. (NEXTEEL), ‘‘Oil Country
Tubular Goods from the Republic of Korea:
NEXTEEL’s Letter in Support of Respondents’ Case
Briefs,’’ dated January 3, 2020; Letter from United
States Steel Corporation (U.S. Steel), ‘‘Oil Country
Tubular Goods from the Republic of Korea: Case
Brief of United States Steel Corporation,’’ dated
January 3, 2020; Letter from Hyundai Steel,
‘‘Certain Oil Country Tubular Goods from the
Republic of Korea—Case Brief,’’ dated January 3,
2020; see also Letter from SeAH, ‘‘Administrative
Review of the Antidumping Order on Oil Country
Tubular Goods from Korea—Rebuttal Brief of SeAH
Steel Corporation,’’ dated January 10, 2020; Letter
from DIPs, ‘‘Oil Country Tubular Goods from the
Republic of Korea: Rebuttal Brief of Maverick Tube
Corporation and Tenaris Bay City, Inc.,’’ dated
January 10, 2020; Letter from U.S. Steel, ‘‘Oil
Country Tubular Goods from the Republic of Korea:
Rebuttal Brief of United States Steel Corporation,’’
dated January 10, 2020; and Letter from Hyundai
Steel, ‘‘Certain Oil Country Tubular Goods from the
Republic of Korea—Rebuttal Brief,’’ dated January,
10 2020.
3 See Hearing Transcript from Neal R. Gross and
Co., Inc., filed on ACCESS on February 14, 2020.
4 See Memorandum, ‘‘Certain Oil Country
Tubular Goods from the Republic of Korea:
Extension of Time Limit for Final Results of
Antidumping Duty Administrative Review,’’ dated
March 12, 2020.
5 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews in Response to Operational
Adjustments Due to COVID–19,’’ dated April 24,
2020.
6 The 32 companies consist of two mandatory
respondents and 30 companies not individually
examined.
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41949
‘‘Final Results of Review’’ section,
below. Commerce conducted this
review in accordance with section
751(a) of the Tariff Act of 1930, as
amended (the Act).
Scope of the Order 7
The merchandise covered by the
Order is certain OCTG, which are
hollow steel products of circular crosssection, including oil well casing and
tubing, of iron (other than cast iron) or
steel (both carbon and alloy), whether
seamless or welded, regardless of end
finish (e.g., whether or not plain end,
threaded, or threaded and coupled)
whether or not conforming to American
Petroleum Institute (API) or non-API
specifications, whether finished
(including limited service OCTG
products) or unfinished (including
green tubes and limited service OCTG
products), whether or not thread
protectors are attached. The scope of the
Order also covers OCTG coupling stock.
For a complete description of the scope
of the Order, see the Issues and Decision
Memorandum.8
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. The issues are
identified in Appendix I 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. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
at https://enforcement.trade.gov/frn/
index.html. The signed and electronic
versions of the Issues and Decision
Memorandum are identical in content.
Changes Since the Preliminary Results
Based on our analysis of the
comments received, we made certain
changes to the margin calculations for
SeAH and Hyundai Steel. For a
discussion of these changes, see the
7 See Certain Oil Country Tubular Goods from
India, the Republic of Korea, Taiwan, the Republic
of Turkey, and the Socialist Republic of Vietnam:
Antidumping Duty Orders; and Certain Oil Country
Tubular Goods from the Socialist Republic of
Vietnam: Amended Final Determination of Sales at
Less Than Fair Value, 79 FR 53691 (September 10,
2014) (Order).
8 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the 2017–
2018 Administrative Review of the Antidumping
Duty Order on Certain Oil Country Tubular Goods
from the Republic of Korea,’’ dated concurrently
with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
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Federal Register / Vol. 85, No. 134 / Monday, July 13, 2020 / Notices
shall determine, and U.S. Customs and
Border Protection (CBP) shall assess,
antidumping duties on all appropriate
Rate for Non-Examined Companies
entries of subject merchandise in
The statute and Commerce’s
accordance with the final results of this
regulations do not address the
review. Commerce intends to issue
establishment of a rate to be applied to
assessment instructions to CBP 15 days
companies not selected for examination after the date of publication of the final
when Commerce limits its examination
results of this administrative review in
in an administrative review pursuant to the Federal Register.
section 777A(c)(2) of the Act. Generally,
Where the respondent reported
Commerce looks to section 735(c)(5) of
reliable entered values, we calculated
the Act, which provides instructions for importer- (or customer-) specific ad
calculating the all-others rate in a
valorem rates by aggregating the
market economy investigation, for
dumping margins calculated for all U.S.
sales to each importer (or customer) and
guidance when calculating the rate for
dividing this amount by the total
companies which were not selected for
entered value of the sales to each
individual review in an administrative
importer (or customer).10 Where
review. Under section 735(c)(5)(A) of
Commerce calculated a weightedthe Act, the all-others rate is normally
average dumping margin by dividing the
‘‘an amount equal to the weighted
total amount of dumping for reviewed
average of the estimated weighted
sales to that party by the total sales
average dumping margins established
quantity associated with those
for exporters and producers
individually investigated, excluding any transactions, Commerce will direct CBP
to assess importer- (or customer-)
zero or de minimis margins, and any
specific assessment rates based on the
margins determined entirely {on the
resulting per-unit rates.11 Where an
basis of facts available}.’’
importer- (or customer-) specific ad
For these final results, we calculated
a weighted-average dumping margin for valorem or per-unit rate is greater than
de minimis (i.e., 0.50 percent),
SeAH that is not zero, de minimis, or
determined entirely on the basis of facts Commerce will instruct CBP to collect
the appropriate duties at the time of
available. Accordingly, Commerce has
liquidation.12 Where an importer- (or
assigned to the companies not
customer-)
specific ad valorem or perindividually examined (see Appendix II
unit rate is zero or de minimis,
for a full list of these companies) a
Commerce will instruct CBP to liquidate
margin of 3.96 percent, which is the
appropriate entries without regard to
weighted-average dumping margin
antidumping duties.13
calculated for SeAH for these final
For the companies which were not
results.
selected for individual review, we will
Final Results of Review
assign an assessment rate based on the
Commerce determines that the
methodology described in the ‘‘Rates for
following weighted-average dumping
Non-Examined Companies’’ section,
margins exist for the period September
above.
Consistent with Commerce’s
1, 2017 through August 31, 2018:
assessment practice, for entries of
Weightedsubject merchandise during the POR
average
produced by SeAH, Hyundai Steel, or
Exporter or producer
dumping margin
the non-examined companies for which
(percent)
the producer did not know that its
Hyundai Steel Company
0.00 merchandise was destined for the
SeAH Steel Corporation
3.96 United States, we will instruct CBP to
All Others 9 ......................
3.96 liquidate unreviewed entries at the allothers rate if there is no rate for the
Disclosure
intermediate company(ies) involved in
the transaction.14
Commerce intends to disclose the
calculations performed for these final
Cash Deposit Requirements
results of review within five days of the
The following cash deposit
date of publication of this notice in the
Federal Register, in accordance with 19 requirements will be effective for all
‘‘Margin Calculations’’ section of the
Issues and Decision Memorandum.
jbell on DSKJLSW7X2PROD with NOTICES
CFR 351.224(b).
10 See
Assessment
Pursuant to section 751(a)(2)(C) of the
Act and 19 CFR 351.212(b), Commerce
9 See Appendix II for a full list of these
companies.
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20:25 Jul 10, 2020
Jkt 250001
19 CFR 351.212(b)(1).
11 Id.
12 Id.
19 CFR 351.106(c)(2).
a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
PO 00000
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 5.24 percent,15 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 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
13 See
14 For
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Fmt 4703
Sfmt 4703
15 See Certain Oil Country Tubular Goods from
the Republic of Korea: Notice of Court Decision Not
in Harmony with Final Determination, 81 FR 59603
(August 30, 2016).
E:\FR\FM\13JYN1.SGM
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Federal Register / Vol. 85, No. 134 / Monday, July 13, 2020 / Notices
regulations and the terms of an APO is
a sanctionable violation.
Notification to Interested Parties
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: July 6, 2020.
Jeffrey I. Kessler
Assistant Secretary for Enforcement and
Compliance.
Appendix I
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Rate for Non-Examined Companies
VI. Duty Absorption
VII. Discussion of the Issues
1–A. Lawfulness of Commerce’s
Interpretation of the Particular Market
Situation (PMS) Provision
1–B. Evidence of a PMS
1–C. Quantification of PMS Adjustment
2. Application of Constructed Value (CV)
Profit and Selling Expense Ratios to
PMS-Adjusted Costs
3. Calculation of CV Profit and Selling
Expenses
4. Differential Pricing
5. Hyundai Steel’s Cost Reconciliation
6. Minor Inputs Obtained from Affiliated
Parties
7. Expenses Related to Raw Material
Purchases
8. Byproducts Reintroduced into
Production
9. Scrap Offsets
10. U.S. Warehousing Expenses
11. Warranty Expenses
12. Packing Expenses for Hyundai Steel’s
Prime Sales
13. Constructed Export Price (CEP) Profit
Calculation
14. Cost of Prime Products Sold in the
United States
15. Freight Revenue Cap
16. Calculation of General and
Administrative (G&A) Expenses Incurred
by SeAH’s U.S. Affiliate
VIII. Recommendation
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Appendix II
List of Companies Not Individually
Examined
1. AJU Besteel Co., Ltd.
2. BDP International
3. Daewoo America
4. Daewoo International Corporation
5. Dong Yang Steel Pipe
6. Dong-A Steel Co. Ltd.
7. Dongbu Incheon Steel
8. DSEC
9. Emdtebruecker Eisenwerk and Company
10. Hansol Metal
11. Husteel Co., Ltd.
12. Hyundai RB
13. ILJIN Steel Corporation
14. Jim And Freight Co., Ltd.
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15. Kia Steel Co. Ltd.
16. KSP Steel Company
17. Kukje Steel
18. Kumkang Kind Co., Ltd.
19. Kurvers
20. NEXTEEL Co., Ltd.
21. POSCO Daewoo America
22. POSCO Daewoo Corporation
23. Steel Canada
24. Samsung
25. Samsung C and T Corporation
26. SeAH Besteel Corporation
27. Sumitomo Corporation
28. TGS Pipe
29. Yonghyun Base Materials
30. ZEECO Asia
[FR Doc. 2020–15052 Filed 7–10–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–026, C–570–027]
Certain Corrosion-Resistant Steel
Products From the People’s Republic
of China: Affirmative Final
Determination of Circumvention
Involving Costa Rica
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that imports of
certain corrosion-resistant steel
products (CORE), completed in Costa
Rica using carbon hot-rolled steel (HRS)
and/or cold-rolled steel (CRS) flat
products manufactured in the People’s
Republic of China (China), are
circumventing the antidumping duty
(AD) and countervailing duty (CVD)
orders on CORE from China.
DATES: Applicable July 13, 2020.
FOR FURTHER INFORMATION CONTACT:
Ariela Garvett, AD/CVD Operations,
Office IV, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3609.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On February 18, 2020, Commerce
published the Preliminary
Determination 1 of circumvention of the
China CORE Orders.2 A summary of
1 See Certain Corrosion-Resistant Steel Products
from the People’s Republic of China: Affirmative
Preliminary Determination of Circumvention
Involving Costa Rica, 85 FR 8830 (February 18,
2020) (Preliminary Determination) and
accompanying Preliminary Decision Memorandum.
2 See Certain Corrosion-Resistant Steel Products
from India, Italy, the People’s Republic of China,
the Republic of Korea and Taiwan: Amended Final
Affirmative Antidumping Determination for India
and Taiwan, and Antidumping Duty Orders, 81 FR
PO 00000
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Fmt 4703
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41951
events that occurred since Commerce
published the Preliminary
Determination, as well as a full
discussion of the issues raised by parties
for this final determination, may be
found in the Issues and Decision
Memorandum.3 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. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed and the electronic
versions of the Issues and Decision
Memorandum are identical in content.
Scope of the Orders
The products covered by these orders
are certain flat-rolled steel products,
either clad, plated, or coated with
corrosion-resistant metals such as zinc,
aluminum, or zinc-, aluminum-, nickelor iron-based alloys, whether or not
corrugated or painted, varnished,
laminated, or coated with plastics or
other non-metallic substances in
addition to the metallic coating. For a
complete description of the scope of the
orders, see the Issues and Decision
Memorandum.
Scope of the Anti-Circumvention
Inquiries
These anti-circumvention inquiries
cover CORE completed in Costa Rica
from HRS and/or CRS substrate input
manufactured in China and
subsequently exported to the United
States (merchandise subject to these
inquiries). This final ruling applies to
all shipments of merchandise subject to
these inquiries entered on or after the
date of the initiation of these inquiries.4
48390 (July 25, 2016); see also Certain CorrosionResistant Steel Products from India, Italy, Republic
of Korea and the People’s Republic of China:
Countervailing Duty Order, 81 FR 48387 (July 25,
2016) (collectively, China CORE Orders).
3 See Memorandum, ‘‘Issues and Decision
Memorandum for the Anti-Circumvention Inquiries
Involving Costa Rica of the Antidumping and
Countervailing Duty Orders on Certain CorrosionResistant Steel Products from the People’s Republic
of China,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
4 See Corrosion-Resistant Steel Products from the
People’s Republic of China: Initiation of AntiCircumvention Inquiries on the Antidumping Duty
and Countervailing Duty Orders, 84 FR 43585
(August 21, 2019) (Initiation Notice) and
accompanying Memorandum, ‘‘Certain CorrosionResistant Steel Products from the People’s Republic
of China: Initiation of Anti-Circumvention Inquiries
on the Antidumping Duty and Countervailing Duty
Orders,’’ dated August 12, 2019 (Initiation Decision
Memorandum).
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Agencies
[Federal Register Volume 85, Number 134 (Monday, July 13, 2020)]
[Notices]
[Pages 41949-41951]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15052]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-870]
Certain Oil Country Tubular Goods From the Republic of Korea:
Final Results of Antidumping Duty Administrative Review; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that SeAH
Steel Corporation (SeAH), producer/exporter of certain oil country
tubular goods (OCTG) 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) September 1, 2017 through August 31,
2018, but producer/exporter Hyundai Steel Company (Hyundai Steel) did
not sell subject merchandise in the United States below NV during the
POR.
DATES: Applicable July 13, 2020.
FOR FURTHER INFORMATION CONTACT: Davina Friedmann, 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.
SUPPLEMENTARY INFORMATION:
Background
On November 18, 2019, Commerce published the Preliminary Results of
this administrative review.\1\ We invited interested parties to comment
on the Preliminary Results. Between January 2 and 14, 2020, Commerce
received timely filed case and rebuttal briefs from various interested
parties.\2\ On February 7, 2020, we held a public hearing concerning
the issues raised in the case and rebuttal briefs.\3\
---------------------------------------------------------------------------
\1\ See Certain Oil Country Tubular Goods from the Republic of
Korea: Preliminary Results of Antidumping Duty Administrative
Review; 2017-2018, 84 FR 63615 (November 18, 2019) (Preliminary
Results), and accompanying Decision Memorandum.
\2\ See Letter from AJU Besteel Co., Ltd. (AJU Besteel),
``Certain Oil Country Tubular Goods from the Republic of Korea--
Letter in Support of Case Briefs,'' dated January 3, 2020; Letter
from the following Domestic Interested Parties (DIPs): Maverick Tube
Corporation (Maverick), Tenaris Bay City, Inc. (Tenaris), United
States Steel Corporation (U.S. Steel), TMK IPSCO, Vallourec Star,
L.P., and Welded Tube USA, ``Oil Country Tubular Goods from the
Republic of Korea: Case Brief of Maverick Tube Corporation and
Tenaris Bay City, Inc.,'' dated January 3, 2020; Letter from ILJIN
Steel Corporation (ILJIN), ``Oil Country Tubular Goods from the
Republic of Korea: Case Brief,'' dated January 3, 2020; Letter from
SeAH, ``Administrative Review of the Antidumping Order on Oil
Country Tubular Goods from Korea: Case Brief of SeAH Steel
Corporation,'' dated January 3, 2020; Letter from Husteel Co., Ltd.
(Husteel), ``Oil Country Tubular Goods from the Republic of Korea,
9/1/2017-8/31/2018 Administrative Review, Case No. A-580-870: Case
Brief,'' dated January 3, 2020; Letter from NEXTEEL Co., Ltd.
(NEXTEEL), ``Oil Country Tubular Goods from the Republic of Korea:
NEXTEEL's Letter in Support of Respondents' Case Briefs,'' dated
January 3, 2020; Letter from United States Steel Corporation (U.S.
Steel), ``Oil Country Tubular Goods from the Republic of Korea: Case
Brief of United States Steel Corporation,'' dated January 3, 2020;
Letter from Hyundai Steel, ``Certain Oil Country Tubular Goods from
the Republic of Korea--Case Brief,'' dated January 3, 2020; see also
Letter from SeAH, ``Administrative Review of the Antidumping Order
on Oil Country Tubular Goods from Korea--Rebuttal Brief of SeAH
Steel Corporation,'' dated January 10, 2020; Letter from DIPs, ``Oil
Country Tubular Goods from the Republic of Korea: Rebuttal Brief of
Maverick Tube Corporation and Tenaris Bay City, Inc.,'' dated
January 10, 2020; Letter from U.S. Steel, ``Oil Country Tubular
Goods from the Republic of Korea: Rebuttal Brief of United States
Steel Corporation,'' dated January 10, 2020; and Letter from Hyundai
Steel, ``Certain Oil Country Tubular Goods from the Republic of
Korea--Rebuttal Brief,'' dated January, 10 2020.
\3\ See Hearing Transcript from Neal R. Gross and Co., Inc.,
filed on ACCESS on February 14, 2020.
---------------------------------------------------------------------------
On March 12, 2020, we extended the deadline for the final
results.\4\ On April 24, 2020, Commerce tolled all deadlines in
administrative reviews by 50 days, thereby extending the deadline for
these results until July 6, 2020.\5\
---------------------------------------------------------------------------
\4\ See Memorandum, ``Certain Oil Country Tubular Goods from the
Republic of Korea: Extension of Time Limit for Final Results of
Antidumping Duty Administrative Review,'' dated March 12, 2020.
\5\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews in Response to
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
---------------------------------------------------------------------------
These final results cover 32 companies.\6\ 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(a)
of the Tariff Act of 1930, as amended (the Act).
---------------------------------------------------------------------------
\6\ The 32 companies consist of two mandatory respondents and 30
companies not individually examined.
---------------------------------------------------------------------------
Scope of the Order 7
---------------------------------------------------------------------------
\7\ See Certain Oil Country Tubular Goods from India, the
Republic of Korea, Taiwan, the Republic of Turkey, and the Socialist
Republic of Vietnam: Antidumping Duty Orders; and Certain Oil
Country Tubular Goods from the Socialist Republic of Vietnam:
Amended Final Determination of Sales at Less Than Fair Value, 79 FR
53691 (September 10, 2014) (Order).
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The merchandise covered by the Order is certain OCTG, which are
hollow steel products of circular cross-section, including oil well
casing and tubing, of iron (other than cast iron) or steel (both carbon
and alloy), whether seamless or welded, regardless of end finish (e.g.,
whether or not plain end, threaded, or threaded and coupled) whether or
not conforming to American Petroleum Institute (API) or non-API
specifications, whether finished (including limited service OCTG
products) or unfinished (including green tubes and limited service OCTG
products), whether or not thread protectors are attached. The scope of
the Order also covers OCTG coupling stock. For a complete description
of the scope of the Order, see the Issues and Decision Memorandum.\8\
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\8\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2017-2018 Administrative Review of the
Antidumping Duty Order on Certain Oil Country Tubular Goods from the
Republic of Korea,'' dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
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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. The
issues are identified in Appendix I 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. In addition, a complete
version of the Issues and Decision Memorandum can be accessed at https://enforcement.trade.gov/frn/. The signed and electronic
versions of the Issues and Decision Memorandum are identical in
content.
Changes Since the Preliminary Results
Based on our analysis of the comments received, we made certain
changes to the margin calculations for SeAH and Hyundai Steel. For a
discussion of these changes, see the
[[Page 41950]]
``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 for SeAH that is not zero, de minimis, or determined entirely on
the basis of facts available. Accordingly, Commerce has assigned to the
companies not individually examined (see Appendix II for a full list of
these companies) a margin of 3.96 percent, which is the weighted-
average dumping margin calculated for SeAH for these final results.
Final Results of Review
Commerce determines that the following weighted-average dumping
margins exist for the period September 1, 2017 through August 31, 2018:
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\9\ See Appendix II for a full list of these companies.
------------------------------------------------------------------------
Weighted- average
Exporter or producer dumping margin
(percent)
------------------------------------------------------------------------
Hyundai Steel Company................................ 0.00
SeAH Steel Corporation............................... 3.96
All Others \9\....................................... 3.96
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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 Federal Register, in accordance with 19 CFR
351.224(b).
Assessment
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
Commerce shall determine, and U.S. Customs and Border Protection (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).\10\ 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.\11\ 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.\12\ 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.\13\
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\10\ See 19 CFR 351.212(b)(1).
\11\ Id.
\12\ Id.
\13\ 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 SeAH, Hyundai Steel, 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.\14\
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\14\ 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 5.24 percent,\15\ 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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\15\ See Certain Oil Country Tubular Goods from the Republic of
Korea: Notice of Court Decision Not in Harmony with Final
Determination, 81 FR 59603 (August 30, 2016).
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Notification to Importers
This notice serves as a 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 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
[[Page 41951]]
regulations and the terms of an APO is a sanctionable violation.
Notification to Interested Parties
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: July 6, 2020.
Jeffrey I. Kessler
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Rate for Non-Examined Companies
VI. Duty Absorption
VII. Discussion of the Issues
1-A. Lawfulness of Commerce's Interpretation of the Particular
Market Situation (PMS) Provision
1-B. Evidence of a PMS
1-C. Quantification of PMS Adjustment
2. Application of Constructed Value (CV) Profit and Selling
Expense Ratios to PMS-Adjusted Costs
3. Calculation of CV Profit and Selling Expenses
4. Differential Pricing
5. Hyundai Steel's Cost Reconciliation
6. Minor Inputs Obtained from Affiliated Parties
7. Expenses Related to Raw Material Purchases
8. Byproducts Reintroduced into Production
9. Scrap Offsets
10. U.S. Warehousing Expenses
11. Warranty Expenses
12. Packing Expenses for Hyundai Steel's Prime Sales
13. Constructed Export Price (CEP) Profit Calculation
14. Cost of Prime Products Sold in the United States
15. Freight Revenue Cap
16. Calculation of General and Administrative (G&A) Expenses
Incurred by SeAH's U.S. Affiliate
VIII. Recommendation
Appendix II
List of Companies Not Individually Examined
1. AJU Besteel Co., Ltd.
2. BDP International
3. Daewoo America
4. Daewoo International Corporation
5. Dong Yang Steel Pipe
6. Dong-A Steel Co. Ltd.
7. Dongbu Incheon Steel
8. DSEC
9. Emdtebruecker Eisenwerk and Company
10. Hansol Metal
11. Husteel Co., Ltd.
12. Hyundai RB
13. ILJIN Steel Corporation
14. Jim And Freight Co., Ltd.
15. Kia Steel Co. Ltd.
16. KSP Steel Company
17. Kukje Steel
18. Kumkang Kind Co., Ltd.
19. Kurvers
20. NEXTEEL Co., Ltd.
21. POSCO Daewoo America
22. POSCO Daewoo Corporation
23. Steel Canada
24. Samsung
25. Samsung C and T Corporation
26. SeAH Besteel Corporation
27. Sumitomo Corporation
28. TGS Pipe
29. Yonghyun Base Materials
30. ZEECO Asia
[FR Doc. 2020-15052 Filed 7-10-20; 8:45 am]
BILLING CODE 3510-DS-P