Circular Welded Non-Alloy Steel Pipe From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2017-2018, 71055-71057 [2020-24722]
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Federal Register / Vol. 85, No. 216 / Friday, November 6, 2020 / Notices
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return/destruction of
APO materials, or conversion to judicial
protective order, is hereby requested.
Failure to comply with the regulations
and the terms of an APO is a
sanctionable violation.
DEPARTMENT OF COMMERCE
Notice to Interested Parties
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) finds that the producers/
exporters subject to this administrative
review made sales of circular welded
non-alloy steel pipe (CWP) from the
Republic of Korea (Korea) at less than
normal value (NV) during the period of
review (POR), November 1, 2017
through October 31, 2018.
DATES: Applicable November 6, 2020.
FOR FURTHER INFORMATION CONTACT:
Andre Gziryan, AD/CVD Operations,
Office I, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington
DC 20230; telephone: (202) 482–2201.
SUPPLEMENTARY INFORMATION:
Dated: November 2, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Final Issues
and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Made Since the Preliminary
Results
V. Discussion of the Issues
Comments Concerning Deacero
Comment 1: Whether Constructed Export
Price (CEP) Offset Should Be Granted
Comment 2: Whether Commerce Should
Recalculate Credit Expense
Comment 3: Whether the Highest U.S.
Freight Should Be Applied to All U.S.
Sales
Comment 4: Whether to Disallow Deacero’s
Scrap Offset Calculation
Comment 5: Whether Section 232 Duties
Should be Deducted from Constructed
Export Price
Comments Concerning Grupo Simec
Comment 6: Whether Commerce Should
Apply Total AFA to Grupo Simec
Comment 7: Whether Commerce DoubleCounted Depreciation Expenses When
Applying the Transactions Disregarded
Rule to Grupo Simec
Comment 8: Whether Commerce Should
Accept Grupo Simec’s Minor Corrections
Comment 9: Whether Commerce Should
Alter the Margin Calculation Program to
Distinguish Between Prime and NonPrime Sales
Comment 10: Whether Commerce Should
Include Grupo Simec and Sigosa’s
Downstream Home Market Sales in the
Final Margin Program
Comment 11: Whether Commerce Should
Recalculate Grupo Simec’s Home Market
Credit Expense
VI. Recommendation
[FR Doc. 2020–24712 Filed 11–5–20; 8:45 am]
BILLING CODE 3510–DS–P
19:00 Nov 05, 2020
[A–580–809]
Circular Welded Non-Alloy Steel Pipe
From the Republic of Korea: Final
Results of Antidumping Duty
Administrative Review; 2017–2018
AGENCY:
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.221.
VerDate Sep<11>2014
International Trade Administration
Jkt 253001
Background
This review covers 25 producers and/
or exporters of the subject
merchandise.1 Commerce selected two
mandatory respondent for individual
examination: Husteel Co., Ltd. (Husteel)
and Nexteel Co., Ltd. (Nexteel). The
producers/exporters which were not
selected for individual examination are
listed in Appendix II of this notice.
On January 16, 2020, Commerce
published the Preliminary Results of
this administrative review.2 We invited
interested parties to comment on the
Preliminary Results. Between February
28, 2020 and March 12, 2020,
Commerce received timely filed case
and rebuttal briefs from various
interested parties.3
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
2159 (February 6, 2019).
2 See Circular Welded Non-Alloy Steel Pipe From
the Republic of Korea: Preliminary Results of
Antidumping Duty Administrative Review; 2017–
2018, 85 FR 2719 (January 16, 2020) (Preliminary
Results) and accompanying Preliminary Decision
Memorandum (PDM).
3 See Petitioner’s Letter, ‘‘Circular Welded NonAlloy Steel Pipe From the Republic of Korea: Case
Brief of Wheatland Tube.,’’ dated February 28,
2020; Husteel’s Letter, ‘‘Circular Welded Non-Alloy
Steel Pipe from South Korea, Case No. A–580–809:
Husteel Case Brief,’’ dated February 28, 2020;
Hyundai Steel’s Letter, ‘‘Circular Welded Non-Alloy
Steel Pipe from the Republic of Korea: Case Brief,’’
dated February 28, 2020; NEXTEEL’s Letter,
‘‘Circular Welded Non-Alloy Steel Pipe from the
Republic of Korea: NEXTEEL’s Case Brief,’’ dated
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
71055
April 24, 2020, Commerce tolled all
deadlines in administrative reviews by
50 days.4 On May 26, 2020, Commerce
extended the deadline for issuing these
final results until September 2, 2020.5
On July 21, 2020, Commerce tolled all
deadlines for all preliminary and final
results in administrative reviews by 60
days, thereby extending the deadline for
these final results until November 2,
2020.6 Commerce conducted this review
in accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act).
Scope of the Order
The merchandise subject to the order
is circular welded non-alloy steel pipe
and tube. Imports of the product are
currently classifiable in the Harmonized
Tariff Schedule of the United States
(HTSUS) under subheadings
7306.30.1000, 7306.30.5025,
7306.30.5032, 7306.30.5040,
7306.30.5055, 7306.30.5085, and
7306.30.5090. While the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description is dispositive. For a
complete description of the scope of the
order, see the Issues and Decision
Memorandum.7
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs filed by parties in this
review are addressed in the Issues and
Decision Memorandum, which is hereby
adopted by this notice. A list of the
February 28, 2020; SeAH Letter, ‘‘Administrative
Review of the Antidumping Order on Circular
Welded Non-Alloy Steel Pipe from Korea — Case
Brief of SeAH Steel Corporation,’’ dated February
28, 2020; petitioner’s Letter, ‘‘Circular Welded NonAlloy Steel Pipe From the Republic of Korea—
Rebuttal Brief of Wheatland Tube and Nucor
Tubular Products Inc.,’’ dated March 12, 2020;
Husteel’s Letter, ‘‘Circular Welded Non-Alloy Steel
Pine from Korea. Case No. A–580–809: Husteel
Rebuttal Brief,’’ dated March 12, 2020; Hyundai
Steel’s Letter, ‘‘Circular Welded Non-Alloy Steel
Pipe from the Republic of Korea: Rebuttal Brief,’’
dated March 12, 2020; and NEXTEEL’s Letter,
‘‘Circular Welded Non-Alloy Steel Pipe from the
Republic of Korea: NEXTEEL’s Rebuttal Brief,’’
dated March 12, 2020.
4 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.
5 See Memorandum, ‘‘Circular Welded Non-Alloy
Steel Pipe from the Republic of Korea: Extension of
Deadline for Final Results of 2017–2018
Antidumping Administrative Review,’’ dated May
26, 2020.
6 See Memorandum,’’ Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews,’’ dated July 21, 2020.
7 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the 2017–
2018 Administrative Review of the Antidumping
Duty Order on Circular Welded Non-Alloy Steel
Pipe from the Republic of Korea,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
E:\FR\FM\06NON1.SGM
06NON1
71056
Federal Register / Vol. 85, No. 216 / Friday, November 6, 2020 / Notices
issues raised is attached to this notice at the firms listed below for the period
in Appendix I. The Issues and Decision
November 1, 2017 through October 31,
Memorandum is a public document and 2018:
is on file electronically via Enforcement
Weightedand Compliance’s Antidumping and
average
Countervailing Duty Centralized
Producer/exporter
dumping
Electronic Service System (ACCESS).
margin
ACCESS is available to registered users
(percent)
at https://access.trade.gov. In addition, a
Husteel Co., Ltd ....................
4.92
complete version of the Issues and
27.28
Decision Memorandum can be accessed Nexteel Co., Ltd ....................
at htttp://enforcement.trade.gov/frn/
index.html. The signed and electronic
REVIEW-SPECIFIC AVERAGE RATE APversions of the Issues and Decision
PLICABLE TO THE FOLLOWING COMMemorandum are identical in content.
PANIES
Changes Since the Preliminary Results
Based on our analysis of the
comments received, we made certain
changes to the margin calculations for
Husteel and Nexteel. For a discussion of
these changes, see the ‘‘Changes Since
the Preliminary Results’’ 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 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}.’’
For these final results, we 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,
Commerce has assigned to the
companies not individually examined
in this review (see Appendix II for a full
list of these companies) a margin of
21.01 percent, which is the weightedaverage of the antidumping duty
margins calculated using the public
ranged sales data of Husteel and
Nexteel.
Final Results of Review
We are assigning the following
weighted-average dumping margins to
VerDate Sep<11>2014
19:00 Nov 05, 2020
Jkt 253001
Weightedaverage
dumping
margin
(percent)
Producer/exporter
Other Respondents 8 ............
21.01
Disclosure
We intend to disclose to interested
parties the calculations performed
within five days of the date of
publication of this notice to parties in
this proceeding, 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 these
final results.
For Husteel and Nexteel, because the
weighted-average dumping margins are
not zero or de minimis (i.e., less than 0.5
percent), Commerce has calculated
importer-specific antidumping duty
assessment rates.9 We calculated
importer-specific antidumping duty
assessment rates by aggregating the total
amount of dumping calculated for the
examined sales of each importer and
dividing each of these amounts by the
total sales value associated with those
sales. We will instruct CBP to assess
antidumping duties on all appropriate
entries covered by this review where an
importer-specific assessment rate is not
zero or de minimis.10 Pursuant to 19
CFR 351.106(c)(2), we will instruct CBP
to liquidate without regard to
antidumping duties any entries for
8 See Appendix II for a full list of these
companies.
9 See 19 CFR 351.212(b)(1).
10 Id.
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
which the importer-specific assessment
rate is zero or de minimis.11
Consistent with Commerce’s
assessment practice, for entries of
subject merchandise during the POR
produced by Husteel and Nexteel, for
which the Husteel or Nexteel did not
know that its merchandise was destined
for the United States, we will instruct
CBP to liquidate unreviewed entries at
the all-others rate if there is no rate for
the intermediate company(ies) involved
in the transaction.12
For the companies which were not
selected for individual review, we will
assign an assessment rate equal to the
weighted-average dumping margin
identified 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.13
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) of the Act: (1)
The cash deposit rate for companies
subject to this review will be the rates
established in these 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,14 the
all-others rate established in the
investigation.
These cash deposit requirements,
when imposed, shall remain in effect
until further notice.
11 See
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).
13 See section 751(a)(2)(C) of the Act.
14 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).
12 For
E:\FR\FM\06NON1.SGM
06NON1
Federal Register / Vol. 85, No. 216 / Friday, November 6, 2020 / Notices
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
has occurred and the subsequent
assessment of double antidumping
duties.
Notification Regarding Administrative
Protective Order
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return or destruction
of APO materials or conversion to
judicial protective order is hereby
requested. Failure to comply with the
regulations and the terms of an APO is
a sanctionable violation.
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 351.221(b)(5).
Dated: November 2, 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. Discussion of the Issues
Comment 1–A: Cost-Based Particular
Market Situation Allegation
Comment 1–B: Evidence of a Particular
Market Situation Allegation
Comment 1–C: Particular Market Situation
Adjustment
Comment 2: Differential Pricing
VII. Recommendation
Appendix II
List of Companies Not Individually
Examined
1. Aju Besteel
2. Bookook Steel
3. Chang Won Bending
4. Dae Ryung
5. Daewoo Shipbuilding & Marine
VerDate Sep<11>2014
19:00 Nov 05, 2020
Jkt 253001
Engineering (Dsme)
6. Daiduck Piping
7. Dong Yang Steel Pipe
8. Dongbu Steel
9. Eew Korea Company
10. Histeel
11. Hyundai Rb
12. Hyundai Steel Company (including
Hyundai Steel (Pipe Division))
13. Kiduck Industries
14. Kum Kang Kind
15. Kumsoo Connecting
16. Miju Steel Manufacturing
17. Samkang M&T
18. Seah Fs
19. Seah Steel
20. Steel Flower
21. Vesta Co., Ltd.
22. Yep Co.
[FR Doc. 2020–24722 Filed 11–5–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Agency Information Collection
Activities; Submission to the Office of
Management and Budget (OMB) for
Review and Approval; Comment
Request; NMFS Alaska Region Vessel
Monitoring System (VMS) Program
The Department of Commerce will
submit the following information
collection request to the Office of
Management and Budget (OMB) for
review and clearance in accordance
with the Paperwork Reduction Act of
1995, on or after the date of publication
of this notice. We invite the general
public and other Federal agencies to
comment on proposed, and continuing
information collections, which helps us
assess the impact of our information
collection requirements and minimize
the public’s reporting burden. Public
comments were previously requested
via the Federal Register on June 24,
2020, during a 60-day comment period.
This notice allows for an additional 30
days for public comments.
Agency: National Oceanic and
Atmospheric Administration.
Title: NMFS Alaska Region Vessel
Monitoring System (VMS) Program.
OMB Control Number: 0648–0445.
Form Number(s): None.
Type of Request: Regular submission
(extension of a current information
collection).
Number of Respondents: 550.
Average Hours per Response: VMS
installation, maintenance, and
troubleshooting, 12 hours.
Total Annual Burden Hours: 2,476
hours.
Needs and Uses: This request is for an
extension of a currently approved
PO 00000
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Fmt 4703
Sfmt 4703
71057
information collection. There are no
proposed changes to this information
collection.
NMFS requires the owners and
operators of selected vessels
participating in federally managed
groundfish and crab fisheries off Alaska
to obtain, install, and maintain an
operational, NMFS-approved Vessel
Monitoring System (VMS). VMS units
automatically transmit the location of a
vessel several times per hour using a
Global Positioning System satellite. The
VMS unit is passive and automatic,
requiring no reporting effort by the
vessel operator. A communications
service provider receives the
transmission and relays it to NMFS
Office for Law Enforcement (OLE).
Tracking vessel location using VMS is
required to monitor compliance with
area-specific catch allocations, to
monitor compliance with requirements
to redeploy or remove fishing gear from
commercial fishing grounds, and to
monitor compliance with complicated
time and area closures in the GOA and
BSAI designed to protect Steller sea lion
or essential fish habitat.
VMS is an essential component of
monitoring and management for
complicated, geographically widespread
fishing closures. NMFS uses
information from VMS to identify where
vessels are operating, to organize patrols
so as to increase the number of fishing
vessels visually examined, or to focus
examination of vessels of greatest
concern, and as evidence in
prosecutions.
Affected Public: Individuals or
households; Business or other for-profit
organizations.
Frequency: On occasion.
Respondent’s Obligation: Required to
Obtain or Retain Benefit.
Legal Authority: 16 U.S.C.1801 et.
seq.; 16 U.S.C. 773–773k.
This information collection request
may be viewed at www.reginfo.gov.
Follow the instructions to view the
Department of Commerce collections
currently under review by OMB.
Written comments and
recommendations for the proposed
information collection should be
submitted within 30 days of the
publication of this notice on the
following website www.reginfo.gov/
public/do/PRAMain. Find this
particular information collection by
selecting ‘‘Currently under 30-day
Review—Open for Public Comments’’ or
by using the search function and
E:\FR\FM\06NON1.SGM
06NON1
Agencies
[Federal Register Volume 85, Number 216 (Friday, November 6, 2020)]
[Notices]
[Pages 71055-71057]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24722]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-809]
Circular Welded Non-Alloy Steel Pipe From the Republic of Korea:
Final Results of Antidumping Duty Administrative Review; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) finds that the
producers/exporters subject to this administrative review made sales of
circular welded non-alloy steel pipe (CWP) from the Republic of Korea
(Korea) at less than normal value (NV) during the period of review
(POR), November 1, 2017 through October 31, 2018.
DATES: Applicable November 6, 2020.
FOR FURTHER INFORMATION CONTACT: Andre Gziryan, AD/CVD Operations,
Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington DC 20230; telephone: (202) 482-2201.
SUPPLEMENTARY INFORMATION:
Background
This review covers 25 producers and/or exporters of the subject
merchandise.\1\ Commerce selected two mandatory respondent for
individual examination: Husteel Co., Ltd. (Husteel) and Nexteel Co.,
Ltd. (Nexteel). The producers/exporters which were not selected for
individual examination are listed in Appendix II of this notice.
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 2159 (February 6, 2019).
---------------------------------------------------------------------------
On January 16, 2020, Commerce published the Preliminary Results of
this administrative review.\2\ We invited interested parties to comment
on the Preliminary Results. Between February 28, 2020 and March 12,
2020, Commerce received timely filed case and rebuttal briefs from
various interested parties.\3\
---------------------------------------------------------------------------
\2\ See Circular Welded Non-Alloy Steel Pipe From the Republic
of Korea: Preliminary Results of Antidumping Duty Administrative
Review; 2017-2018, 85 FR 2719 (January 16, 2020) (Preliminary
Results) and accompanying Preliminary Decision Memorandum (PDM).
\3\ See Petitioner's Letter, ``Circular Welded Non-Alloy Steel
Pipe From the Republic of Korea: Case Brief of Wheatland Tube.,''
dated February 28, 2020; Husteel's Letter, ``Circular Welded Non-
Alloy Steel Pipe from South Korea, Case No. A-580-809: Husteel Case
Brief,'' dated February 28, 2020; Hyundai Steel's Letter, ``Circular
Welded Non-Alloy Steel Pipe from the Republic of Korea: Case
Brief,'' dated February 28, 2020; NEXTEEL's Letter, ``Circular
Welded Non-Alloy Steel Pipe from the Republic of Korea: NEXTEEL's
Case Brief,'' dated February 28, 2020; SeAH Letter, ``Administrative
Review of the Antidumping Order on Circular Welded Non-Alloy Steel
Pipe from Korea -- Case Brief of SeAH Steel Corporation,'' dated
February 28, 2020; petitioner's Letter, ``Circular Welded Non-Alloy
Steel Pipe From the Republic of Korea--Rebuttal Brief of Wheatland
Tube and Nucor Tubular Products Inc.,'' dated March 12, 2020;
Husteel's Letter, ``Circular Welded Non-Alloy Steel Pine from Korea.
Case No. A-580-809: Husteel Rebuttal Brief,'' dated March 12, 2020;
Hyundai Steel's Letter, ``Circular Welded Non-Alloy Steel Pipe from
the Republic of Korea: Rebuttal Brief,'' dated March 12, 2020; and
NEXTEEL's Letter, ``Circular Welded Non-Alloy Steel Pipe from the
Republic of Korea: NEXTEEL's Rebuttal Brief,'' dated March 12, 2020.
---------------------------------------------------------------------------
April 24, 2020, Commerce tolled all deadlines in administrative
reviews by 50 days.\4\ On May 26, 2020, Commerce extended the deadline
for issuing these final results until September 2, 2020.\5\ On July 21,
2020, Commerce tolled all deadlines for all preliminary and final
results in administrative reviews by 60 days, thereby extending the
deadline for these final results until November 2, 2020.\6\ Commerce
conducted this review in accordance with section 751(a) of the Tariff
Act of 1930, as amended (the Act).
---------------------------------------------------------------------------
\4\ 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.
\5\ See Memorandum, ``Circular Welded Non-Alloy Steel Pipe from
the Republic of Korea: Extension of Deadline for Final Results of
2017-2018 Antidumping Administrative Review,'' dated May 26, 2020.
\6\ See Memorandum,'' Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
---------------------------------------------------------------------------
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. For a complete description of the
scope of the order, see the Issues and Decision Memorandum.\7\
---------------------------------------------------------------------------
\7\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2017-2018 Administrative Review of the
Antidumping Duty Order on Circular Welded Non-Alloy Steel Pipe from
the Republic of Korea,'' dated concurrently with, and hereby adopted
by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs filed by parties
in this review are addressed in the Issues and Decision Memorandum,
which is hereby adopted by this notice. A list of the
[[Page 71056]]
issues raised is attached to this notice at in Appendix I. 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 htttp://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 Husteel and Nexteel. For a
discussion of these changes, see the ``Changes Since the Preliminary
Results'' 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
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} .''
For these final results, we 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,
Commerce has assigned to the companies not individually examined in
this review (see Appendix II for a full list of these companies) a
margin of 21.01 percent, which is the weighted-average of the
antidumping duty margins calculated using the public ranged sales data
of Husteel and Nexteel.
Final Results of Review
We are assigning the following weighted-average dumping margins to
the firms listed below for the period November 1, 2017 through October
31, 2018:
---------------------------------------------------------------------------
\8\ See Appendix II for a full list of these companies.
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping margin
(percent)
------------------------------------------------------------------------
Husteel Co., Ltd........................................ 4.92
Nexteel Co., Ltd........................................ 27.28
------------------------------------------------------------------------
Review-Specific Average Rate Applicable to the Following Companies
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping margin
(percent)
------------------------------------------------------------------------
Other Respondents \8\................................... 21.01
------------------------------------------------------------------------
Disclosure
We intend to disclose to interested parties the calculations
performed within five days of the date of publication of this notice to
parties in this proceeding, 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 these final results.
For Husteel and Nexteel, because the weighted-average dumping
margins are not zero or de minimis (i.e., less than 0.5 percent),
Commerce has calculated importer-specific antidumping duty assessment
rates.\9\ We calculated importer-specific antidumping duty assessment
rates by aggregating the total amount of dumping calculated for the
examined sales of each importer and dividing each of these amounts by
the total sales value associated with those sales. We will instruct CBP
to assess antidumping duties on all appropriate entries covered by this
review where an importer-specific assessment rate is not zero or de
minimis.\10\ Pursuant to 19 CFR 351.106(c)(2), we will instruct CBP to
liquidate without regard to antidumping duties any entries for which
the importer-specific assessment rate is zero or de minimis.\11\
---------------------------------------------------------------------------
\9\ See 19 CFR 351.212(b)(1).
\10\ Id.
\11\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------
Consistent with Commerce's assessment practice, for entries of
subject merchandise during the POR produced by Husteel and Nexteel, for
which the Husteel or Nexteel did not know that its merchandise was
destined for the United States, we will instruct CBP to liquidate
unreviewed entries at the all-others rate if there is no rate for the
intermediate company(ies) involved in the transaction.\12\
---------------------------------------------------------------------------
\12\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
For the companies which were not selected for individual review, we
will assign an assessment rate equal to the weighted-average dumping
margin identified 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.\13\
---------------------------------------------------------------------------
\13\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------
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) of
the Act: (1) The cash deposit rate for companies subject to this review
will be the rates established in these 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,\14\ the all-others rate established in the
investigation.
---------------------------------------------------------------------------
\14\ 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).
---------------------------------------------------------------------------
These cash deposit requirements, when imposed, shall remain in
effect until further notice.
[[Page 71057]]
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 has occurred and the subsequent assessment of
double antidumping duties.
Notification Regarding Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return or
destruction of APO materials or conversion to judicial protective order
is hereby requested. Failure to comply with the regulations and the
terms of an APO is a sanctionable violation.
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 351.221(b)(5).
Dated: November 2, 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. Discussion of the Issues
Comment 1-A: Cost-Based Particular Market Situation Allegation
Comment 1-B: Evidence of a Particular Market Situation
Allegation
Comment 1-C: Particular Market Situation Adjustment
Comment 2: Differential Pricing
VII. Recommendation
Appendix II
List of Companies Not Individually Examined
1. Aju Besteel
2. Bookook Steel
3. Chang Won Bending
4. Dae Ryung
5. Daewoo Shipbuilding & Marine Engineering (Dsme)
6. Daiduck Piping
7. Dong Yang Steel Pipe
8. Dongbu Steel
9. Eew Korea Company
10. Histeel
11. Hyundai Rb
12. Hyundai Steel Company (including Hyundai Steel (Pipe Division))
13. Kiduck Industries
14. Kum Kang Kind
15. Kumsoo Connecting
16. Miju Steel Manufacturing
17. Samkang M&T
18. Seah Fs
19. Seah Steel
20. Steel Flower
21. Vesta Co., Ltd.
22. Yep Co.
[FR Doc. 2020-24722 Filed 11-5-20; 8:45 am]
BILLING CODE 3510-DS-P