Circular Welded Non-Alloy Steel Pipe From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2017-2018, 71055-71057 [2020-24722]

Download as PDF 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 Frm 00011 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]


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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
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