Certain Oil Country Tubular Goods From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2018-2019, 6868-6871 [2021-01498]
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6868
Federal Register / Vol. 86, No. 14 / Monday, January 25, 2021 / Notices
Net subsidy
rate
(percent)
Company
Erbosan Erciyas Boru Sanayi ve Ticaret A.S .....................................................................................................................................
Guner Eksport ......................................................................................................................................................................................
Guven Celik Born San. Ve Tic. Ltd .....................................................................................................................................................
Guven Steel Pipe .................................................................................................................................................................................
Kalibre Boru Sanayi ve Ticaret AS ......................................................................................................................................................
MTS Lojistik ve Tasimacilik Hizmetleri TIC A.S. Istanbul ...................................................................................................................
Net Boru Sanayi ve Dis Ticaret Koll. Sti .............................................................................................................................................
Noksel Celik Boru Sanayi AS ..............................................................................................................................................................
Perfektup Ambalaj San. ve Tic. A.S ....................................................................................................................................................
Schenker Arkas Nakliyat ve Ticaret A.S .............................................................................................................................................
Umran Celik Born Sanayii A.S ............................................................................................................................................................
Umran Steel Pipe Inc ..........................................................................................................................................................................
Vespro Muhendislik Mimarlik Danismanlik Sanayi ve Ticaret AS .......................................................................................................
Yucel Boru ve Profil Endustrisi A.S., Yucelboru Ihracat Ithalat ve Pazarlama A.S., and Cayirova Boru Sanayi ve Ticaret A.S.
(Yucel Companies) ...........................................................................................................................................................................
1.18
1.18
1.18
1.18
1.18
1.18
1.18
1.18
1.18
1.18
1.18
1.18
1.18
1.18
* (de minimis)
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).
jbell on DSKJLSW7X2PROD with NOTICES
Assessment Rates
Consistent with its recent notice,9
Commerce intends to issue assessment
instructions to U.S. Customs and Border
Protection (CBP) no earlier than 35 days
after the date of publication of the final
results of this review in the Federal
Register. If a timely summons is filed at
the U.S. Court of International Trade,
the assessment instructions will direct
CBP not to liquidate relevant entries
until the time for parties to file a request
for a statutory injunction has expired
(i.e., within 90 days of publication).
Because we have calculated a de
minimis countervailable subsidy rate for
the Borusan Companies, we will
instruct CBP to liquidate the appropriate
entries without regard to countervailing
duties in accordance with 19 CFR
351.212. We will instruct CBP to
liquidate shipments of subject
merchandise produced and/or exported
by the remaining above listed
companies, entered or withdrawn from
warehouse for consumption from
January 1, 2018 through December 31,
2018, at the ad valorem rates listed
above for each respective company.
Cash Deposit Instructions
In accordance with section
751(a)(2)(C) of the Act, we intend to
instruct CBP to collect cash deposits of
estimated countervailing duties, in the
9 See Notice of Discontinuation of Policy to Issue
Liquidation Instructions After 15 Days in
Applicable Antidumping and Countervailing Duty
Administrative Proceedings, 86 FR 884 (Jan.15,
2021).
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amounts shown above, with the
exception of the Borusan Companies, on
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of the final results of this
review. Because the countervailable
subsidy rate for the Borusan Companies
is de minimis, Commerce will instruct
CBP to collect cash deposits at a rate of
zero for the Borusan Companies for all
shipments of the subject merchandise
that are entered, or withdrawn from
warehouse, for consumption on or after
the date of publication of the final
results of this administrative review. For
all non-reviewed firms, we will instruct
CBP to continue to collect cash deposits
of estimated countervailing duties at the
most-recent company specific or allothers rate applicable to the company,
as appropriate. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Dated: January 15, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
Administrative Protective Order (APO)
BILLING CODE 3510–DS–P
This notice also serves as a reminder
to parties subject to 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
regulations and the terms of an APO is
a sanctionable violation.
Notification to Interested Parties
These final results are issued and
published in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(5).
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Appendix
I. Summary
II. Background
III. Scope of the Order
IV. Period of Review
V. Non-Shipment Claims
VI. Non-Selected Rate
VII. Subsidies Valuation Information
VIII. Analysis of Programs
IX. Analysis of Comments
Comment 1: Whether to Include Purchases
of All Series Grades of Hot-Rolled Steel
(HRS) in the HRS Benchmark to Measure
the Adequacy of Remuneration for HRS
Comment 2: Whether Commerce Should
Include Istikbal’s Export Credit Bank of
Turkey (Eximbank) Loan in the Benefit
Analysis for Short Term Pre-Shipment
Rediscount Program
X. Recommendation
[FR Doc. 2021–01497 Filed 1–22–21; 8:45 am]
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–870]
Certain Oil Country Tubular Goods
From the Republic of Korea:
Preliminary Results of Antidumping
Duty Administrative Review; 2018–
2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that certain oil country tubular goods
(OCTG) from the Republic of Korea
(Korea) are being sold in the United
States at prices below normal value. The
period of review (POR) is September 1,
AGENCY:
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2018 through August 31, 2019.
Interested parties are invited to
comment on these preliminary results.
DATES: Applicable January 25, 2021.
FOR FURTHER INFORMATION CONTACT:
Davina Friedmann, Mark Flessner, or
Frank Schmitt, 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,
(202) 482–6312, or (202) 482–4880,
respectively.
SUPPLEMENTARY INFORMATION:
Background
jbell on DSKJLSW7X2PROD with NOTICES
These preliminary results are made in
accordance with section 733(b) of the
Tariff Act of 1930, as amended (the Act).
Commerce published the notice of
initiation of this administrative review
on November 12, 2019.1 Commerce
selected Hyundai Steel Company
(Hyundai Steel) and SeAH Steel
Corporation (SeAH) as the two
mandatory respondents in this review.2
On April 24, 2020, Commerce tolled all
deadlines in administrative reviews by
50 days.3 On June 30, 2020, Commerce
extended the deadline of the
preliminary results of review by 100
days, until October 29, 2020, in
accordance with 751(a)(3)(A) of the
Act.4 On July 21, 2020, Commerce tolled
all deadlines in administrative reviews
by an additional 60 days,5 thereby
extending the deadline for these
preliminary results until December 28,
2020. On November 25, 2020, in
accordance with section 751(a)(3)(A) of
the Act, Commerce extended the
preliminary results of review by an
additional 18 days, until January 15,
2021.6
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
61011 (November 12, 2019) (Initiation Notice).
2 See Memorandum, ‘‘2018–2019 Administrative
Review of the Antidumping Duty Order on Oil
Country Tubular Goods from the Republic of Korea:
Respondent Selection,’’ dated December 23, 2019.
3 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews,’’ dated April 24, 2020
(First Tolling Memorandum).
4 See Memorandum, ‘‘Certain Oil Country
Tubular Goods from the Republic of Korea, 2018–
2019: Extension of Time Limit of Preliminary
Results of Antidumping Duty Administrative
Review,’’ dated June 30, 2020 (First Extension of
Preliminary Review Results Memorandum).
5 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews,’’ dated July 21, 2020
(Second Tolling Memorandum).
6 See Memorandum, ‘‘Certain Oil Country
Tubular Goods from the Republic of Korea, 2018–
2019: Extension of Time Limit of Preliminary
Results of Antidumping Duty Administrative
Review,’’ dated November 25, 2020 (Second
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For a complete description of the
events that followed the initiation of
this administrative review, see the
Preliminary Decision Memorandum,
dated concurrently with these
preliminary results and hereby adopted
by this notice.7 A list of topics included
in the Preliminary Decision
Memorandum is included as Appendix
I to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/.
The signed and the electronic versions
of the Preliminary Decision
Memorandum are identical in content.
Scope of the Order
The product covered by the Order 8 is
OCTG from Korea. For a complete
description of the scope of the Order,
see the Preliminary Decision
Memorandum.
Methodology
Commerce is conducting this
administrative review in accordance
with section 751(a)(2) of the Act.
Commerce has calculated export prices
in accordance with section 772(a) of the
Act. Constructed export prices have
been calculated in accordance with
section 772(b) of the Act. Normal value
(NV) is calculated in accordance with
section 773 of the Act. Commerce
preliminarily finds that a cost-based
particular market situation (PMS)
existed in Korea during the POR
concerning the cost of hot-rolled coil
(HRC) as a component of the cost of
production for the OCTG that Hyundai
Steel and SeAH produced.9 We
Extension of Preliminary Review Results
Memorandum).
7 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results in the 2018–2019
Administrative Review of Oil Country Tubular
Goods from the Republic of Korea’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
8 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).
9 For a complete discussion, see Memorandum,
‘‘2018–2019 Administrative Review of
Antidumping Duty Order on Certain Oil Country
Tubular Goods from the Republic of Korea:
Decisions on Particular Market Situation
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6869
quantified the impact of the particular
market situation on the material cost of
HRC, and derived a corresponding
adjustment factor that, when applied to
the cost of HRC, accounts for the
distortions induced by the observed
particular market situation.10 For a full
description of the methodology
underlying our conclusions, see the
Preliminary Decision Memorandum.
Rates for Non-Examined Companies
The statute and Commerce’s
regulations do not address the 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
examination in an administrative
review. Under section 735(c)(5)(A) of
the Act, the all-others rate is normally
‘‘an amount equal to the weighted
average of the estimated weightedaverage dumping margins established
for exporters and producers
individually investigated, excluding any
zero or de minimis margins, and any
margins determined entirely {on the
basis of facts available}.’’
In this review, we have preliminarily
calculated weighted-average dumping
margins for SeAH that is not zero, de
minimis, or determined entirely on the
basis of facts available. Accordingly,
Commerce preliminarily has assigned to
the companies not individually
examined (see Appendix II for a full list
of these companies) a margin of 1.07
percent, which is the weighted average
dumping margin of SeAH for these
preliminary results of review.11
Preliminary Results of Review
Commerce preliminarily determines
that, for the period September 1, 2018
through August 31, 2019, the following
weighted-average dumping margins
exist:
Allegations,’’ dated concurrently with this Federal
Register Notice (PMS Memorandum).
10 See PMS Memorandum.
11 For more information regarding the calculation
of this margin, see Memorandum, ‘‘Preliminary
Results of the 2018–2019 Administrative Review of
Certain Oil Country Tubular Goods from the
Republic of Korea; Calculation of the Margin for
Non-Examined Companies,’’ dated concurrently
with this memorandum.
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Federal Register / Vol. 86, No. 14 / Monday, January 25, 2021 / Notices
in the hearing will be limited to those
raised in the respective case and
rebuttal briefs. If a request for a hearing
Exporter/producer
is made, Commerce intends to hold the
hearing at a time and date to be
determined.19 Parties should confirm
Hyundai Steel Company .............
0.00 the date, time, and location of the
SeAH Steel Corporation .............
1.07 hearing two days before the scheduled
Non-examined companies 12 ......
1.07 date.
Commerce intends to issue the final
Disclosure, Public Comment, and
results of this administrative review,
Opportunity To Request a Hearing
including the results of its analysis of
We intend to disclose the calculations the issues raised in any case or rebuttal
briefs, no later than 120 days after the
performed for these preliminary results
date of publication of this notice, unless
of review to interested parties within
extended.20
five days of the date of publication of
this notice in accordance with 19 CFR
Assessment Rates
351.224(b). Pursuant to 19 CFR
Upon completion of this
351.309(c), interested parties may
administrative review, Commerce shall
submit case briefs no later than 30 days
determine, and U.S. Customs and
after the date of publication of this
Border Protection (CBP) shall assess,
notice. Rebuttal briefs, the content of
antidumping duties on all appropriate
which is limited to issues raised in the
entries. Commerce intends to issue
case briefs, may be filed no later than
assessment instructions to CBP no
seven days after the date for filing case
earlier than 35 days after the date of
13
briefs. Note that Commerce has
publication of the final results of this
temporarily modified certain of its
review in the Federal Register. If a
requirements for serving documents
timely summons is filed at the U.S.
containing business proprietary
Court of International Trade, the
14
information, until further notice.
assessment instructions will direct CBP
Parties who submit case briefs or
not to liquidate relevant entries until the
rebuttal briefs in this proceeding are
time for parties to file a request for a
encouraged to submit with each
statutory injunction has expired (i.e.,
argument: (1) A statement of the issue;
within 90 days of publication).
(2) a brief summary of the argument;
For any individually examined
15
and (3) a table of authorities. Case and
respondent whose weighted-average
rebuttal briefs should be filed using
dumping margin is not zero or de
ACCESS 16 and must be served on
minimis (i.e., less than 0.50 percent) in
interested parties.17 Executive
the final results of this review, if the
summaries should be limited to five
respondent reported reliable entered
pages total, including footnotes.
values, we will calculate importerPursuant to 19 CFR 351.310(c),
specific ad valorem assessment rates for
interested parties who wish to request a
the merchandise based on the ratio of
hearing must submit a written request to
the total amount of dumping calculated
the Assistant Secretary for Enforcement
for the examined sales made to each
and Compliance, filed electronically via
importer and the total entered value of
Commerce’s electronic records system,
those same sales, in accordance with 19
ACCESS. An electronically filed request
CFR 351.212(b)(1). If the respondent has
must be received successfully in its
not reported reliable entered values, we
entirety by 5:00 p.m. Eastern Time
will calculate a per-unit assessment rate
within 30 days of the date of publication
for each importer by dividing the total
18
of this notice. Requests should
amount of dumping calculated for the
contain: (1) The party’s name, address
examined sales made to that importer by
and telephone number; (2) the number
the total sales quantity associated with
of participants; and (3) a list of issues
those transactions. Where an importerparties intend to discuss. Issues raised
specific ad valorem assessment rate is
zero or de minimis in the final results
12 See Appendix II.
of review, we will instruct CBP to
13 See 19 CFR 351.309(d).
liquidate the appropriate entries
14 See 19 CFR 351.303 (for general filing
without regard to antidumping duties in
requirements); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID–19,
accordance with 19 CFR 351.106(c)(2). If
85 FR 17006 (March 26, 2020); and Temporary Rule
a respondent’s weighted-average
Modifying AD/CVD Service Requirements Due to
dumping margin is zero or de minimis
COVID–19; Extension of Effective Period, 85 FR
in the final results of review, we will
41363 (July 10, 2020).
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Estimated
weightedaverage
dumping
margin
(percent)
15 See
19 CFR 351.309(c)(2) and (d)(2).
generally 19 CFR 351.303.
17 See 19 CFR 351.303(f).
18 See 19 CFR 351.310(c).
16 See
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18:31 Jan 22, 2021
Jkt 253001
19 See
19 CFR 351.310(d).
section 751(a)(3)(A) of the Act and 19 CFR
351.213(h).
20 See
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instruct CBP not to assess duties on any
of its entries in accordance with the
Final Modification for Reviews, i.e.,
‘‘{w}here the weighted-average margin
of dumping for the exporter is
determined to be zero or de minimis, no
antidumping duties will be assessed.’’ 21
For entries of subject merchandise
during the POR produced by Hyundai
Steel or SeAH for which the producer
did not know its merchandise was
destined for the United States, or for any
respondent for which we have a final
determination of no shipments, 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.22
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the notice of final results
of this administrative review for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication, as provided by section
751(a)(2) of the Act: (1) The cash deposit
rate for the companies listed in the final
results of review will be equal to the
weighted-average dumping margin
established in the final results of this
administrative 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 recently
completed segment of this proceeding in
which they were reviewed; (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 recently
completed segment of this proceeding
for the producer of the merchandise; (4)
the cash deposit rate for all other
producers or exporters will continue to
be 5.24 percent, the all-others rate
established in the less-than-fair-value
investigation.23 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
21 See Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8102
(February 14, 2012) (Final Modification for
Reviews).
22 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
23 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 preliminary
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this POR.
Failure to comply with this requirement
could result in Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
Notification to Interested Parties
The preliminary results of this
administrative review are issued and
published in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(4).
[FR Doc. 2021–01498 Filed 1–22–21; 8:45 am]
Dated: January 15, 2021.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
BILLING CODE 3510–DS–P
Appendix I
International Trade Administration
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Rates for Non-Examined Companies
V. Affiliation
VI. Discussion of Methodology
VII. Currency Conversion
VIII. Recommendation
[A–580–881]
Appendix II
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32. Master Steel Corporation
33. MCK Co., Ltd.
34. MS Pipe Co., Ltd.
35. Msteel Co., Ltd.
36. Nexen Corporation
37. NEXTEEL Co., Ltd.
38. Pneumatic Plus Korea Co., Ltd.
39. POSCO International Corporation
40. PSG Co., Ltd.
41. Pusan Fitting Corporation
42. SeAH FS Co., Ltd.
43. SeAH Steel Corporation
44. Sejong Ind. Co., Ltd.
45. Seokyoung Steel & Technology Co., Ltd.
46. SIC Tube Co., Ltd.
47. ST Tubular Inc.
48. Sungkwang Bend Co., Ltd.
49. TGS Pipe Co., Ltd.
50. TJ Glovsteel Co., Ltd.
51. TSP Corporation
52. Union Pipe MFG Co., Ltd.
53. WSG Co., Ltd.
List of Companies Not Individually
Examined
1. AJU Besteel Co., Ltd.
2. Blue Sea Precision Tube Co., Ltd.
3. Bo Myung Metal Co., Ltd.
4. BUMA CE Co., Ltd.
5. Busung Steel Co., Ltd.
6. Chang Won Bending Co., Ltd.
7. Daeho P&C Co., Ltd.
8. Daou Precision Ind. Co.
9. Dongyang Steel Pipe Co., Ltd.
10. Dongbu Incheon Steel Co., Ltd.
11. Dongkuk Steel Mill Co., Ltd.
12. EEW Korea Co., Ltd.
13. Global Solutions Co., Ltd.
14. Hansol Metal Co., Ltd.
15. HiSteel Co., Ltd.
16. HPP Co., Ltd.
17. Husteel Co., Ltd.
18. Hyundai Group
19. Hyundai Corporation
20. Hyundai HYSCO
21. Hyundai RB Co., Ltd.
22. Hyundai Steel Company
23. ILJIN Steel Corporation
24. Keonwoo Metals Co., Ltd.
25. K Steel Corporation
26. KF UBIS Co., Ltd.
27. Korea Steel Co., Ltd.
28. Kukje Steel Co., Ltd.
29. KPF Co., Ltd.
30. Kumkang Kind Co., Ltd.
31. Kumsoo Connecting Co., Ltd.
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DEPARTMENT OF COMMERCE
Certain Cold-Rolled Steel Flat Products
From the Republic of Korea:
Preliminary Results of Antidumping
Duty Administrative Review; 2018–
2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that Hyundai Steel Company (Hyundai)
and POSCO/POSCO International
Corporation (PIC), the two companies
selected for individual examination, did
not sell certain cold-rolled steel flat
products (cold-rolled steel) from the
Republic of Korea (Korea) in the United
States at prices below normal value
during the period of review (POR)
September 1, 2018 through August 31,
2019. Interested parties are invited to
comment on these preliminary results.
DATES: Applicable January 25, 2021.
FOR FURTHER INFORMATION CONTACT:
Michael J. Heaney, George McMahon, or
Marc Castillo, 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) 482–4475,
(202) 482–1167, or (202) 482–5019,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
These preliminary results are made in
accordance with section 751 of the
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6871
Tariff Act of 1930, as amended (the Act).
On November 12, 2019, based on timely
requests for review, in accordance with
19 CFR 351.221(c)(1)(i), we initiated an
administrative review of the
antidumping duty order on cold-rolled
steel from Korea for 38 companies.1
Commerce selected Hyundai and
POSCO/POSCO International
Corporation (hereafter, POSCO/PIC) 2 as
the two mandatory respondents in this
review.3 On February 5, 2020, the
petitioners 4 withdrew their request for
review of all companies except for
Dongbu Incheon Steel Co., Ltd., Dongbu
Steel Co., Ltd., Hyundai, POSCO, PDW,
and PIC.5
On April 24, 2020, Commerce tolled
all deadlines in administrative reviews
by 50 days.6 On July 20, 2020,
Commerce extended the deadline for the
preliminary results by 100 days, in
accordance with 751(a)(3)(A) of the
Act.7 On July 21, 2020, Commerce tolled
all deadlines in administrative reviews
by an additional 60 days.8 On December
3, 2020, in accordance with section
751(a)(3)(A) of the Act, Commerce
extended the preliminary results of
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
61011 (November 12, 2019) (Initiation Notice).
2 POSCO reported that the company formerly
known as Daewoo International Corporation (DWI)
and POSCO Daewoo (PDW) now does business as
PIC. See POSCO/PDW’s Letter, ‘‘Cold-Rolled Steel
Flat Products from the Republic of Korea; 2018–
2019: POSCO’s Respondent Selection Comments,’’
dated December 11, 2019, at 2–3. In its
questionnaire response, POSCO subsequently
reported that PDW became PIC on March 18, 2019.
See POSCO Section A Initial Questionnaire
Response, dated February 18, 2020 at 1 and A–1.
Based on our analysis in the instant review, we are
preliminarily collapsing POSCO and PIC, which we
find to be the successor-in-interest to PDW. See
Memorandum, ‘‘Third Administrative Review of
Cold-Rolled Steel Flat Products from the Republic
of Korea: POSCO and POSCO International
Corporation Affiliation and Collapsing
Memorandum,’’ dated concurrently with these
preliminary results. Accordingly, hereafter we refer
to the collapsed entity as ‘‘POSCO/PIC.’’
3 See Memorandum, ‘‘2018–2019 Administrative
Review of Cold-Rolled Steel Flat Products from the
Republic of Korea: Respondent Selection,’’ dated
January 15, 2020.
4 The petitioners are ArcelorMittal USA LLC, AK
Steel Corporation, Nucor Corporation, Steel
Dynamics, Inc., and United States Steel Corporation
(collectively, the petitioners).
5 See Petitioners’ Letter, ‘‘Cold-Rolled Steel Flat
Products from the Republic of Korea: Petitioners’
Partial Withdrawal of Request for Review,’’ dated
February 5, 2020.
6 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.
7 See Memorandum, ‘‘Extension of Time Limit for
Preliminary Results of Antidumping Duty
Administrative Review,’’ dated July 20, 2020.
8 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews,’’ dated July 21, 2020.
E:\FR\FM\25JAN1.SGM
25JAN1
]]>Agencies
[Federal Register Volume 86, Number 14 (Monday, January 25, 2021)]
[Notices]
[Pages 6868-6871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01498]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-870]
Certain Oil Country Tubular Goods From the Republic of Korea:
Preliminary Results of Antidumping Duty Administrative Review; 2018-
2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that certain oil country tubular goods (OCTG) from the Republic of
Korea (Korea) are being sold in the United States at prices below
normal value. The period of review (POR) is September 1,
[[Page 6869]]
2018 through August 31, 2019. Interested parties are invited to comment
on these preliminary results.
DATES: Applicable January 25, 2021.
FOR FURTHER INFORMATION CONTACT: Davina Friedmann, Mark Flessner, or
Frank Schmitt, 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, (202) 482-6312, or (202) 482-4880, respectively.
SUPPLEMENTARY INFORMATION:
Background
These preliminary results are made in accordance with section
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this administrative review on
November 12, 2019.\1\ Commerce selected Hyundai Steel Company (Hyundai
Steel) and SeAH Steel Corporation (SeAH) as the two mandatory
respondents in this review.\2\ On April 24, 2020, Commerce tolled all
deadlines in administrative reviews by 50 days.\3\ On June 30, 2020,
Commerce extended the deadline of the preliminary results of review by
100 days, until October 29, 2020, in accordance with 751(a)(3)(A) of
the Act.\4\ On July 21, 2020, Commerce tolled all deadlines in
administrative reviews by an additional 60 days,\5\ thereby extending
the deadline for these preliminary results until December 28, 2020. On
November 25, 2020, in accordance with section 751(a)(3)(A) of the Act,
Commerce extended the preliminary results of review by an additional 18
days, until January 15, 2021.\6\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 61011 (November 12, 2019) (Initiation
Notice).
\2\ See Memorandum, ``2018-2019 Administrative Review of the
Antidumping Duty Order on Oil Country Tubular Goods from the
Republic of Korea: Respondent Selection,'' dated December 23, 2019.
\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated April 24, 2020
(First Tolling Memorandum).
\4\ See Memorandum, ``Certain Oil Country Tubular Goods from the
Republic of Korea, 2018-2019: Extension of Time Limit of Preliminary
Results of Antidumping Duty Administrative Review,'' dated June 30,
2020 (First Extension of Preliminary Review Results Memorandum).
\5\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020
(Second Tolling Memorandum).
\6\ See Memorandum, ``Certain Oil Country Tubular Goods from the
Republic of Korea, 2018-2019: Extension of Time Limit of Preliminary
Results of Antidumping Duty Administrative Review,'' dated November
25, 2020 (Second Extension of Preliminary Review Results
Memorandum).
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For a complete description of the events that followed the
initiation of this administrative review, see the Preliminary Decision
Memorandum, dated concurrently with these preliminary results and
hereby adopted by this notice.\7\ A list of topics included in the
Preliminary Decision Memorandum is included as Appendix I to this
notice. The Preliminary Decision Memorandum is a public document and is
on file electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly at https://enforcement.trade.gov/frn/. The signed
and the electronic versions of the Preliminary Decision Memorandum are
identical in content.
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\7\ See Memorandum, ``Decision Memorandum for the Preliminary
Results in the 2018-2019 Administrative Review of Oil Country
Tubular Goods from the Republic of Korea'' dated concurrently with,
and hereby adopted by, this notice (Preliminary Decision
Memorandum).
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Scope of the Order
The product covered by the Order \8\ is OCTG from Korea. For a
complete description of the scope of the Order, see the Preliminary
Decision Memorandum.
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\8\ 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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Methodology
Commerce is conducting this administrative review in accordance
with section 751(a)(2) of the Act. Commerce has calculated export
prices in accordance with section 772(a) of the Act. Constructed export
prices have been calculated in accordance with section 772(b) of the
Act. Normal value (NV) is calculated in accordance with section 773 of
the Act. Commerce preliminarily finds that a cost-based particular
market situation (PMS) existed in Korea during the POR concerning the
cost of hot-rolled coil (HRC) as a component of the cost of production
for the OCTG that Hyundai Steel and SeAH produced.\9\ We quantified the
impact of the particular market situation on the material cost of HRC,
and derived a corresponding adjustment factor that, when applied to the
cost of HRC, accounts for the distortions induced by the observed
particular market situation.\10\ For a full description of the
methodology underlying our conclusions, see the Preliminary Decision
Memorandum.
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\9\ For a complete discussion, see Memorandum, ``2018-2019
Administrative Review of Antidumping Duty Order on Certain Oil
Country Tubular Goods from the Republic of Korea: Decisions on
Particular Market Situation Allegations,'' dated concurrently with
this Federal Register Notice (PMS Memorandum).
\10\ See PMS Memorandum.
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Rates for Non-Examined Companies
The statute and Commerce's regulations do not address the 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
examination in an administrative review. Under section 735(c)(5)(A) of
the Act, the all-others rate is normally ``an amount equal to the
weighted average of the estimated weighted-average dumping margins
established for exporters and producers individually investigated,
excluding any zero or de minimis margins, and any margins determined
entirely {on the basis of facts available{time} .''
In this review, we have preliminarily calculated weighted-average
dumping margins for SeAH that is not zero, de minimis, or determined
entirely on the basis of facts available. Accordingly, Commerce
preliminarily has assigned to the companies not individually examined
(see Appendix II for a full list of these companies) a margin of 1.07
percent, which is the weighted average dumping margin of SeAH for these
preliminary results of review.\11\
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\11\ For more information regarding the calculation of this
margin, see Memorandum, ``Preliminary Results of the 2018-2019
Administrative Review of Certain Oil Country Tubular Goods from the
Republic of Korea; Calculation of the Margin for Non-Examined
Companies,'' dated concurrently with this memorandum.
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Preliminary Results of Review
Commerce preliminarily determines that, for the period September 1,
2018 through August 31, 2019, the following weighted-average dumping
margins exist:
[[Page 6870]]
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Hyundai Steel Company....................................... 0.00
SeAH Steel Corporation...................................... 1.07
Non-examined companies \12\................................. 1.07
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Disclosure, Public Comment, and Opportunity To Request a Hearing
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\12\ See Appendix II.
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We intend to disclose the calculations performed for these
preliminary results of review to interested parties within five days of
the date of publication of this notice in accordance with 19 CFR
351.224(b). Pursuant to 19 CFR 351.309(c), interested parties may
submit case briefs no later than 30 days after the date of publication
of this notice. Rebuttal briefs, the content of which is limited to
issues raised in the case briefs, may be filed no later than seven days
after the date for filing case briefs.\13\ Note that Commerce has
temporarily modified certain of its requirements for serving documents
containing business proprietary information, until further notice.\14\
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\13\ See 19 CFR 351.309(d).
\14\ See 19 CFR 351.303 (for general filing requirements); see
also Temporary Rule Modifying AD/CVD Service Requirements Due to
COVID-19, 85 FR 17006 (March 26, 2020); and Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19; Extension of Effective
Period, 85 FR 41363 (July 10, 2020).
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Parties who submit case briefs or rebuttal briefs in this
proceeding are encouraged to submit with each argument: (1) A statement
of the issue; (2) a brief summary of the argument; and (3) a table of
authorities.\15\ Case and rebuttal briefs should be filed using ACCESS
\16\ and must be served on interested parties.\17\ Executive summaries
should be limited to five pages total, including footnotes.
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\15\ See 19 CFR 351.309(c)(2) and (d)(2).
\16\ See generally 19 CFR 351.303.
\17\ See 19 CFR 351.303(f).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
Commerce's electronic records system, ACCESS. An electronically filed
request must be received successfully in its entirety by 5:00 p.m.
Eastern Time within 30 days of the date of publication of this
notice.\18\ Requests should contain: (1) The party's name, address and
telephone number; (2) the number of participants; and (3) a list of
issues parties intend to discuss. Issues raised in the hearing will be
limited to those raised in the respective case and rebuttal briefs. If
a request for a hearing is made, Commerce intends to hold the hearing
at a time and date to be determined.\19\ Parties should confirm the
date, time, and location of the hearing two days before the scheduled
date.
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\18\ See 19 CFR 351.310(c).
\19\ See 19 CFR 351.310(d).
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Commerce intends to issue the final results of this administrative
review, including the results of its analysis of the issues raised in
any case or rebuttal briefs, no later than 120 days after the date of
publication of this notice, unless extended.\20\
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\20\ See section 751(a)(3)(A) of the Act and 19 CFR 351.213(h).
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Assessment Rates
Upon completion of this administrative review, Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries. Commerce intends to
issue assessment instructions to CBP no earlier than 35 days after the
date of publication of the final results of this review in the Federal
Register. If a timely summons is filed at the U.S. Court of
International Trade, the assessment instructions will direct CBP not to
liquidate relevant entries until the time for parties to file a request
for a statutory injunction has expired (i.e., within 90 days of
publication).
For any individually examined respondent whose weighted-average
dumping margin is not zero or de minimis (i.e., less than 0.50 percent)
in the final results of this review, if the respondent reported
reliable entered values, we will calculate importer-specific ad valorem
assessment rates for the merchandise based on the ratio of the total
amount of dumping calculated for the examined sales made to each
importer and the total entered value of those same sales, in accordance
with 19 CFR 351.212(b)(1). If the respondent has not reported reliable
entered values, we will calculate a per-unit assessment rate for each
importer by dividing the total amount of dumping calculated for the
examined sales made to that importer by the total sales quantity
associated with those transactions. Where an importer-specific ad
valorem assessment rate is zero or de minimis in the final results of
review, we will instruct CBP to liquidate the appropriate entries
without regard to antidumping duties in accordance with 19 CFR
351.106(c)(2). If a respondent's weighted-average dumping margin is
zero or de minimis in the final results of review, we will instruct CBP
not to assess duties on any of its entries in accordance with the Final
Modification for Reviews, i.e., ``{w{time} here the weighted-average
margin of dumping for the exporter is determined to be zero or de
minimis, no antidumping duties will be assessed.'' \21\
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\21\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8102 (February 14,
2012) (Final Modification for Reviews).
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For entries of subject merchandise during the POR produced by
Hyundai Steel or SeAH for which the producer did not know its
merchandise was destined for the United States, or for any respondent
for which we have a final determination of no shipments, 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.\22\
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\22\ 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 upon
publication of the notice of final results of this administrative
review for all shipments of the subject merchandise entered, or
withdrawn from warehouse, for consumption on or after the date of
publication, as provided by section 751(a)(2) of the Act: (1) The cash
deposit rate for the companies listed in the final results of review
will be equal to the weighted-average dumping margin established in the
final results of this administrative 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
recently completed segment of this proceeding in which they were
reviewed; (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
recently completed segment of this proceeding for the producer of the
merchandise; (4) the cash deposit rate for all other producers or
exporters will continue to be 5.24 percent, the all-others rate
established in the less-than-fair-value investigation.\23\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\23\ 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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[[Page 6871]]
Notification to Importers
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Notification to Interested Parties
The preliminary results of this administrative review are issued
and published in accordance with sections 751(a)(1) and 777(i)(1) of
the Act, and 19 CFR 351.221(b)(4).
Dated: January 15, 2021.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Rates for Non-Examined Companies
V. Affiliation
VI. Discussion of Methodology
VII. Currency Conversion
VIII. Recommendation
Appendix II
List of Companies Not Individually Examined
1. AJU Besteel Co., Ltd.
2. Blue Sea Precision Tube Co., Ltd.
3. Bo Myung Metal Co., Ltd.
4. BUMA CE Co., Ltd.
5. Busung Steel Co., Ltd.
6. Chang Won Bending Co., Ltd.
7. Daeho P&C Co., Ltd.
8. Daou Precision Ind. Co.
9. Dongyang Steel Pipe Co., Ltd.
10. Dongbu Incheon Steel Co., Ltd.
11. Dongkuk Steel Mill Co., Ltd.
12. EEW Korea Co., Ltd.
13. Global Solutions Co., Ltd.
14. Hansol Metal Co., Ltd.
15. HiSteel Co., Ltd.
16. HPP Co., Ltd.
17. Husteel Co., Ltd.
18. Hyundai Group
19. Hyundai Corporation
20. Hyundai HYSCO
21. Hyundai RB Co., Ltd.
22. Hyundai Steel Company
23. ILJIN Steel Corporation
24. Keonwoo Metals Co., Ltd.
25. K Steel Corporation
26. KF UBIS Co., Ltd.
27. Korea Steel Co., Ltd.
28. Kukje Steel Co., Ltd.
29. KPF Co., Ltd.
30. Kumkang Kind Co., Ltd.
31. Kumsoo Connecting Co., Ltd.
32. Master Steel Corporation
33. MCK Co., Ltd.
34. MS Pipe Co., Ltd.
35. Msteel Co., Ltd.
36. Nexen Corporation
37. NEXTEEL Co., Ltd.
38. Pneumatic Plus Korea Co., Ltd.
39. POSCO International Corporation
40. PSG Co., Ltd.
41. Pusan Fitting Corporation
42. SeAH FS Co., Ltd.
43. SeAH Steel Corporation
44. Sejong Ind. Co., Ltd.
45. Seokyoung Steel & Technology Co., Ltd.
46. SIC Tube Co., Ltd.
47. ST Tubular Inc.
48. Sungkwang Bend Co., Ltd.
49. TGS Pipe Co., Ltd.
50. TJ Glovsteel Co., Ltd.
51. TSP Corporation
52. Union Pipe MFG Co., Ltd.
53. WSG Co., Ltd.
[FR Doc. 2021-01498 Filed 1-22-21; 8:45 am]
BILLING CODE 3510-DS-P
