Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2018-2019, 35060-35062 [2021-14109]
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35060
Federal Register / Vol. 86, No. 124 / Thursday, July 1, 2021 / Notices
FOR FURTHER INFORMATION CONTACT:
Hermes Pinilla at (202) 482–3477 and
Andre Gziryan at (202) 482–2201; AD/
CVD Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On March 18, 2021, the Department of
Commerce (Commerce) initiated the
less-than-fair-value investigation of
certain mobile access equipment and
subassemblies thereof from the People’s
Republic of China.1 Currently, the
preliminary determination is due no
later than August 5, 2021.
khammond on DSKJM1Z7X2PROD with NOTICES
Postponement of Preliminary
Determination
Section 733(b)(1)(A) of the Tariff Act
of 1930, as amended (the Act), requires
Commerce to issue the preliminary
determination in an LTFV investigation
within 140 days of the date on which
Commerce initiated the investigation.
However, section 733(c)(1) of the Act
permits Commerce to postpone the
preliminary determination until no later
than 190 days after the date on which
Commerce initiated the investigation if:
(A) The petitioner makes a timely
request for a postponement; or (B)
Commerce concludes that the parties
concerned are cooperating, that the
investigation is extraordinarily
complicated, and that additional time is
necessary to make a preliminary
determination. Under 19 CFR
351.205(e), the petitioner must submit a
request for postponement 25 days or
more before the scheduled date of the
preliminary determination and must
state the reasons for the request.
Commerce will grant the request unless
it finds compelling reasons to deny the
request.
On June 24, 2021, the Coalition of
American Manufacturers of Mobile
Access Equipment 2 (the petitioners)
submitted a timely request that
Commerce postpone the preliminary
determination in this LTFV
investigation.3 The petitioners stated
that they request postponement due to
concerns that Commerce will need more
1 See Certain Mobile Access Equipment and
Subassemblies Thereof from the People’s Republic
of China: Initiation of Less-Than-Fair-Value
Investigation, 86 FR 15922 (March 25, 2021).
2 The members of the Coalition of American
Manufacturers of Mobile Access Equipment are: JLG
Industries, Inc. and Terex Corporation.
3 See Petitioners’ Letter, ‘‘Certain Mobile Access
Equipment and Subassemblies Thereof from the
People’s Republic of China: Request for
Postponement of the Preliminary Determination,’’
dated June 24, 2021.
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time to issue supplemental
questionnaires to address deficiencies in
the respondents’ initial questionnaire
responses. Under the current timeline,
the petitioners believe that Commerce
will not have complete responses and
sufficient information to prepare and
issue the preliminary determination.4
For the reasons stated above, and
because there are no compelling reasons
to deny the request, Commerce, in
accordance with section 733(c)(1)(A) of
the Act and 19 CFR 351.205(e), is
postponing the deadline for this
preliminary determination by 50 days
(i.e., 190 days after the date on which
these investigations were initiated). As
a result, Commerce will issue its
preliminary determination no later than
September 24, 2021. In accordance with
section 735(a)(1) of the Act and 19 CFR
351.210(b)(1), the deadline for the final
determination in this investigation will
continue to be 75 days after the date of
the preliminary determination, unless
postponed at a later date.
Notification to Interested Parties
This notice is issued and published
pursuant to section 733(c)(2) of the Act
and 19 CFR 351.205(f)(1).
Dated: June 25, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2021–14046 Filed 6–30–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–880]
Heavy Walled Rectangular Welded
Carbon Steel Pipes and Tubes From
the Republic of Korea: Final Results of
Antidumping Duty Administrative
Review; 2018–2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that producers
and/or exporters subject to this
administrative review did not make
sales of subject merchandise at less than
normal value during the period of
review (POR), September 1, 2018,
through August 31, 2019.
DATES: Applicable July 1, 2021.
FOR FURTHER INFORMATION CONTACT:
Alice Maldonado or Jacob Garten, AD/
CVD Operations, Office II, Enforcement
and Compliance, International Trade
AGENCY:
4 Id.
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Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–4682 or (202) 482–3342,
respectively.
SUPPLEMENTARY INFORMATION:
Background
This review covers three producers
and exporters of the subject
merchandise. Commerce selected DongA Steel Co., Ltd., (DOSCO) and HiSteel
Co., Ltd., (HiSteel) for individual
examination. The producer and/or
exporter not selected for individual
examination, Kukje Steel Co., Ltd.,
(Kukje Steel) is listed in the ‘‘Final
Results of the Review’’ section of this
notice.
On January 26, 2021, Commerce
published the Preliminary Results.1 In
March 2021, the petitioner,2 DOSCO,
and HiSteel submitted case and rebuttal
briefs.3 For a description of the events
that occurred since the Preliminary
Results, see the Issues and Decision
Memorandum.4 On May 14, 2021, we
extended the deadline for the final
results until June 25, 2021.5
Commerce conducted this
administrative review in accordance
with section 751 of the Tariff Act of
1930, as amended (the Act).
1 See Heavy Walled Rectangular Welded Carbon
Steel Pipes and Tubes from the Republic of Korea:
Preliminary Results of Antidumping Duty
Administrative Review; 2018–2019, 86 FR 7071
(January 26, 2021) (Preliminary Results).
2 The petitioner is Nucor Tubular Products Inc.
3 See Petitioner’s Case Brief, ‘‘Heavy Walled
Rectangular Welded Carbon Steel Pipes and Tubes
from the Republic of Korea: Case Brief,’’ dated
March 19, 2021; DOSCO and HiSteel’s Joint Case
Brief, ‘‘Case Brief of Dong-A-Steel Co., Ltd and
HiSteel Co. Ltd.,’’ dated March 19, 2021; DOSCO’s
Case Brief, ‘‘Case Brief of DOSCO,’’ dated March 19,
2021; DOSCO’s Rebuttal Case Brief, ‘‘Heavy Walled
Rectangular Carbon Steel Pipe and Tube from
Korea—Rebuttal Brief of DOSCO,’’ dated March 29,
2021; HiSteel’s Rebuttal Case Brief, ‘‘Administrative
Review of the Antidumping Order Heavy Walled
Rectangular Carbon Steel Pipe and Tube from
Korea—Rebuttal Brief of HiSteel Co. Ltd.,’’ dated
March 29, 2021; Petitioner’s Rebuttal Case Brief,
‘‘Heavy Walled Rectangular Welded Carbon Steel
Pipes and Tubes from the Republic of Korea:
Rebuttal Brief,’’ dated March 29, 2021. We also
received a letter in lieu of a rebuttal brief from
Kukje Steel. See Kukje Steel’s Letter, ‘‘Heavy
Walled Rectangular Welded Carbon Steel Pipes and
Tubes from the Republic of Korea—Letter in
Support of Mandatory Respondents’ Briefs,’’ dated
March 29, 2021.
4 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the 2018–
2019 Administrative Review of the Antidumping
Duty Order on Heavy Walled Rectangular Welded
Carbon Steel Pipes and Tubes from the Republic of
Korea,’’ dated concurrently with, and hereby
adopted by, these results (Issues and Decision
Memorandum).
5 See Memorandum, ‘‘Heavy Walled Rectangular
Welded Carbon Steel Pipes and Tubes from the
Republic of Korea: Extension of Deadline for Final
Results of the 2018–2019 Antidumping Duty
Administrative Review,’’ dated May 14, 2021.
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Federal Register / Vol. 86, No. 124 / Thursday, July 1, 2021 / Notices
Scope of the Order
The products covered by the order are
certain heavy walled rectangular welded
steel pipes and tubes from the Republic
of Korea (Korea). Products subject to the
order are currently classified under the
Harmonized Tariff Schedule of the
United States (HTSUS) item number
7306.61.1000. Subject merchandise may
also be classified under 7306.61.3000.
Although the HTSUS numbers and
ASTM specification are provided for
convenience and for customs purposes,
the written product description remains
dispositive.6
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs are listed in the
Appendix to this notice and addressed
in the Issues and Decision
Memorandum. The Issues and Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/.
Verification
Commerce was unable to conduct onsite verification of the information
relied upon for the final results of this
review. However, we took additional
steps in lieu of an on-site verification to
verify this information, in accordance
with section 782(i) of the Tariff Act of
1930, as amended (the Act).7
Changes Since the Preliminary Results
khammond on DSKJM1Z7X2PROD with NOTICES
Based on a review of the record and
comments received from interested
parties regarding our Preliminary
Results, we made certain changes to the
preliminary weighted-average margin
calculations for DOSCO and HiSteel.
For a discussion of these changes, see
the Margin Calculations section of the
Issues and Decision Memorandum.8
6 For a full description of the scope of the order,
see Issues and Decision Memorandum.
7 See Commerce’s Letters, In Lieu of Verification
Questionnaires for HiSteel and DOSCO, dated
February 16, 2021 and March 4, 2021, respectively;
see also HiSteel’s Letter, ‘‘Administrative Review of
the Antidumping Duty Order on Heavy Walled
Rectangular Carbon Steel Pipes and Tubes from
Korea—Response to the Department’s February 16
In-Lieu of Verification Questionnaire,’’ dated
February 25, 2021; and DOSCO’s Letter, ‘‘Heavy
Walled Rectangular Carbon Steel Pipes and Tubes
from Korea—Response to the Department’s March
4 Questionnaire In-Lieu of Verification,’’ dated
March 11, 2021.
8 See Issues and Decision Memorandum.
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Rate for Non-Selected Respondents
The Act and Commerce’s regulations
do not address the 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 weightedaverage 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}.’’ Section
735(c)(5)(B) of the Act also provides
that, where all rates are zero, de
minimis, or based entirely on facts
available, we may use ‘‘any reasonable
method’’ for assigning the rate to all
other respondents. The SAA states that
the ‘‘expected method’’ under ‘‘any
reasonable method’’ is that we will
weight-average the rates that are zero, de
minimis, and based entirely on facts
available.9
In this review, we have calculated
weighted-average dumping margins for
DOSCO and HiSteel that are zero
percent, and we have assigned this zero
percent to the non-selected company in
this review (i.e., Kukje Steel), pursuant
to section 735(c)(5)(B) of the Act.
Producers/exporters
Kukje Steel Co., Ltd ...................
35061
Weightedaverage
dumping
margin
(percent)
0.00
We intend to disclose 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 Rates
Pursuant to section 751(a)(2)(C) of the
Act and 19 CFR 351.212(b)(1),
Commerce has determined, 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. Pursuant to
19 CFR 351.212(b)(1), where the
respondent did not report entered value,
we calculated the entered value in order
to calculate the assessment rate. Where
the respondent’s weighted-average
dumping margin is zero or de minimis
within the meaning of 19 CFR
351.106(c)(1), or an importer-specific
rate is zero or de minimis, we will
instruct CBP to liquidate the appropriate
entries without regard to antidumping
duties. In accordance with Commerce’s
practice, for entries of subject
merchandise during the POR for which
the reviewed companies did not know
that the merchandise was destined for
the United States, we will instruct CBP
to liquidate such entries at the all-others
rate if there is no company-specific rate
for the intermediate company(ies)
Final Results of the Review
involved in the transaction.11
We continue to assign the following
The final results of this review shall
weighted-average dumping margins to
be the basis for the assessment of
the firms listed below for the period
antidumping duties on entries of
September 1, 2018, through August 31,
merchandise covered by the final results
2019:
of this review and for future deposits of
12
Weighted- estimated duties, where applicable.
Commerce
intends
to
issue
assessment
average
Producers/exporters
dumping
instructions to CBP no earlier than 35
margin
days after the date of publication of the
(percent)
final results of this review in the
Dong-A Steel Co., Ltd 10 ............
0.00 Federal Register. If a timely summons is
HiSteel Co., Ltd ..........................
0.00 filed at the U.S. Court of International
Trade, the assessment instructions will
9 See Uruguay Round Agreements Act Statement
direct CBP not to liquidate relevant
of Administrative Action attached to H.R. Rep. No.
entries until the time for parties to file
103–316 vol. I at 873 (1994), reprinted in 1994
a request for a statutory injunction has
U.S.C.C.A.N 3773, 4163 (SAA).
10 As discussed in the Preliminary Results,
expired (i.e., within 90 days of
Commerce preliminarily determined to collapse
publication).
Dong-A Steel Co., Ltd., with its affiliated producer
SeAH Steel Corporation and treat these companies
as a single entity, in accordance with 19 CFR
351.401(f). We received no comments on this issue
and continue to determine that Dong-A Steel Co.,
Ltd. and SeAH Steel Corporation are a single entity.
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11 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
12 See section 751(a)(2)(C) of the Act.
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Federal Register / Vol. 86, No. 124 / Thursday, July 1, 2021 / Notices
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of the 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
by section 751(a)(2)(C) of the Act: (1)
The cash deposit rate for each specific
company listed above will be that
established in the final results of this
review, except if the rate is less than
0.50 percent and, therefore, de minimis
within the meaning of 19 CFR
351.106(c)(1), in which case the cash
deposit rate will be zero; (2) for
previously investigated companies not
participating in this review, the cash
deposit will continue to be the
company-specific rate published for the
most recently completed segment of this
proceeding; (3) if the exporter is not a
firm covered in this review, or the
original less-than-fair-value (LTFV)
investigation, but the manufacturer is,
then the cash deposit rate will be the
rate established for the most recent
segment for the manufacturer of the
merchandise; and (4) the cash deposit
rate for all other manufacturers or
exporters will continue to be 3.24
percent, the all-others rate established
in the LTFV investigation.13 These
deposit requirements, when imposed,
shall remain in effect until further
notice.
khammond on DSKJM1Z7X2PROD with 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 review period. Failure to
comply with this requirement could
result in Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Notification Regarding Administrative
Protective Order
This notice serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of 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.
Notification to Interested Parties
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i) of the Act.
Dated: June 25, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Margin Calculations
V. Discussion of Issues
General Issues
Comment 1: Existence of a Particular
Market Situation (PMS)
Comment 2: PMS Adjustment
Comment 3: Differential Pricing
DOSCO-Specific Issues
Comment 4: DOSCO’s Scrap Offset
Comment 5: SeAH Steel Corporation
(SeAH Steel)’s Scrap Offset
Comment 6: Common Expenses—DOSCO’s
General and Administrative (G&A)
Expense Ratio
Comment 7: Affiliated Services—DOSCO’s
and SeAH Steel’s G&A Expense Ratios
Comment 8: Inventory Valuation Losses—
DOSCO’s G&A Expense Ratio
Comment 9: Unassigned Material Costs
Variance—SeAH Steel’s G&A Expense
Ratio
Comment 10: Packing Costs—DOSCO’s
G&A Expense Ratio
Comment 11: Collapsed G&A Expense
Ratio
Comment 12: Short Term Interest Income—
Financial Expense Ratio
Comment 13: Investment Related Gains
and Losses—Financial Expense Ratio
Comment 14: Packing Costs—Financial
Expense Ratio
HiSteel-Specific Issues
Comment 15: HiSteel Transactions—
Disregarded Rule
Comment 16: Allocation of Common
Expenses for HiSteel
Comment 17: HiSteel’s Miscellaneous
Income Items
VI. Recommendation
[FR Doc. 2021–14109 Filed 6–30–21; 8:45 am]
13 See
Heavy Walled Rectangular Welded Carbon
Steel Pipes and Tubes from the Republic of Korea,
Mexico, and the Republic of Turkey: Antidumping
Duty Orders, 81 FR 62865, 62866 (September 13,
2016).
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–821–808, A–823–808]
Continuation of Suspended
Antidumping Duty Investigations on
Certain Cut-to-Length Carbon Steel
Plate From the Russian Federation and
Ukraine
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the respective
determinations by the Department of
Commerce (Commerce) and the
International Trade Commission (ITC)
that the termination of the suspension
agreements and the underlying
antidumping duty investigations on
certain cut-to-length carbon steel plate
(CTL plate) from the Russian Federation
(Russia) and Ukraine (collectively,
Suspension Agreements), would likely
lead to continuation or recurrence of
dumping and material injury to an
industry in the United States,
Commerce is publishing this notice of
continuation of the Suspension
Agreements on CTL plate from Russia
and Ukraine.
DATES: Applicable July 1, 2021.
FOR FURTHER INFORMATION CONTACT:
Sally C. Gannon or Rebecca Lee,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230, telephone: (202) 482–0162 or
(202) 482–6188, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
Commerce initiated, and the ITC
instituted, sunset reviews of the
suspended antidumping duty
investigations of certain CTL plate from
Russia and Ukraine, pursuant to section
751(c) of the Tariff Act of 1930, as
amended (the Act).1 Pursuant to
sections 751(c) and 752 of the Act,
Commerce determined that termination
of the Suspension Agreements on CTL
plate from Russia and Ukraine would
likely lead to a continuation or
recurrence of dumping and notified the
ITC of the magnitude of the margins
likely to prevail, should the Suspension
Agreements be terminated.2
1 See Initiation of Five-Year (Sunset) Reviews, 85
FR 69585 (November 3, 2020); and Cut-to-Length
Carbon Steel Plate from China, Russia, and
Ukraine; Institution of Five-Year Reviews, 85 FR
69362 (November 2, 2020).
2 See Certain Cut-to-Length Carbon Steel Plate
from the Russian Federation and Ukraine; Final
Results of the Expedited Fourth Sunset Reviews of
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Agencies
[Federal Register Volume 86, Number 124 (Thursday, July 1, 2021)]
[Notices]
[Pages 35060-35062]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14109]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-880]
Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From
the Republic of Korea: Final Results of Antidumping Duty Administrative
Review; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that
producers and/or exporters subject to this administrative review did
not make sales of subject merchandise at less than normal value during
the period of review (POR), September 1, 2018, through August 31, 2019.
DATES: Applicable July 1, 2021.
FOR FURTHER INFORMATION CONTACT: Alice Maldonado or Jacob Garten, AD/
CVD Operations, Office II, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-4682 or (202)
482-3342, respectively.
SUPPLEMENTARY INFORMATION:
Background
This review covers three producers and exporters of the subject
merchandise. Commerce selected Dong-A Steel Co., Ltd., (DOSCO) and
HiSteel Co., Ltd., (HiSteel) for individual examination. The producer
and/or exporter not selected for individual examination, Kukje Steel
Co., Ltd., (Kukje Steel) is listed in the ``Final Results of the
Review'' section of this notice.
On January 26, 2021, Commerce published the Preliminary Results.\1\
In March 2021, the petitioner,\2\ DOSCO, and HiSteel submitted case and
rebuttal briefs.\3\ For a description of the events that occurred since
the Preliminary Results, see the Issues and Decision Memorandum.\4\ On
May 14, 2021, we extended the deadline for the final results until June
25, 2021.\5\
---------------------------------------------------------------------------
\1\ See Heavy Walled Rectangular Welded Carbon Steel Pipes and
Tubes from the Republic of Korea: Preliminary Results of Antidumping
Duty Administrative Review; 2018-2019, 86 FR 7071 (January 26, 2021)
(Preliminary Results).
\2\ The petitioner is Nucor Tubular Products Inc.
\3\ See Petitioner's Case Brief, ``Heavy Walled Rectangular
Welded Carbon Steel Pipes and Tubes from the Republic of Korea: Case
Brief,'' dated March 19, 2021; DOSCO and HiSteel's Joint Case Brief,
``Case Brief of Dong-A-Steel Co., Ltd and HiSteel Co. Ltd.,'' dated
March 19, 2021; DOSCO's Case Brief, ``Case Brief of DOSCO,'' dated
March 19, 2021; DOSCO's Rebuttal Case Brief, ``Heavy Walled
Rectangular Carbon Steel Pipe and Tube from Korea--Rebuttal Brief of
DOSCO,'' dated March 29, 2021; HiSteel's Rebuttal Case Brief,
``Administrative Review of the Antidumping Order Heavy Walled
Rectangular Carbon Steel Pipe and Tube from Korea--Rebuttal Brief of
HiSteel Co. Ltd.,'' dated March 29, 2021; Petitioner's Rebuttal Case
Brief, ``Heavy Walled Rectangular Welded Carbon Steel Pipes and
Tubes from the Republic of Korea: Rebuttal Brief,'' dated March 29,
2021. We also received a letter in lieu of a rebuttal brief from
Kukje Steel. See Kukje Steel's Letter, ``Heavy Walled Rectangular
Welded Carbon Steel Pipes and Tubes from the Republic of Korea--
Letter in Support of Mandatory Respondents' Briefs,'' dated March
29, 2021.
\4\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2018-2019 Administrative Review of the
Antidumping Duty Order on Heavy Walled Rectangular Welded Carbon
Steel Pipes and Tubes from the Republic of Korea,'' dated
concurrently with, and hereby adopted by, these results (Issues and
Decision Memorandum).
\5\ See Memorandum, ``Heavy Walled Rectangular Welded Carbon
Steel Pipes and Tubes from the Republic of Korea: Extension of
Deadline for Final Results of the 2018-2019 Antidumping Duty
Administrative Review,'' dated May 14, 2021.
---------------------------------------------------------------------------
Commerce conducted this administrative review in accordance with
section 751 of the Tariff Act of 1930, as amended (the Act).
[[Page 35061]]
Scope of the Order
The products covered by the order are certain heavy walled
rectangular welded steel pipes and tubes from the Republic of Korea
(Korea). Products subject to the order are currently classified under
the Harmonized Tariff Schedule of the United States (HTSUS) item number
7306.61.1000. Subject merchandise may also be classified under
7306.61.3000. Although the HTSUS numbers and ASTM specification are
provided for convenience and for customs purposes, the written product
description remains dispositive.\6\
---------------------------------------------------------------------------
\6\ For a full description of the scope of the order, see Issues
and Decision Memorandum.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs are listed in the
Appendix to this notice and addressed in the Issues and Decision
Memorandum. The Issues and Decision Memorandum is a public document and
is on file electronically via Enforcement and Compliance's Antidumping
and Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly at https://enforcement.trade.gov/frn/.
Verification
Commerce was unable to conduct on-site verification of the
information relied upon for the final results of this review. However,
we took additional steps in lieu of an on-site verification to verify
this information, in accordance with section 782(i) of the Tariff Act
of 1930, as amended (the Act).\7\
---------------------------------------------------------------------------
\7\ See Commerce's Letters, In Lieu of Verification
Questionnaires for HiSteel and DOSCO, dated February 16, 2021 and
March 4, 2021, respectively; see also HiSteel's Letter,
``Administrative Review of the Antidumping Duty Order on Heavy
Walled Rectangular Carbon Steel Pipes and Tubes from Korea--Response
to the Department's February 16 In-Lieu of Verification
Questionnaire,'' dated February 25, 2021; and DOSCO's Letter,
``Heavy Walled Rectangular Carbon Steel Pipes and Tubes from Korea--
Response to the Department's March 4 Questionnaire In-Lieu of
Verification,'' dated March 11, 2021.
---------------------------------------------------------------------------
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, we made certain
changes to the preliminary weighted-average margin calculations for
DOSCO and HiSteel. For a discussion of these changes, see the Margin
Calculations section of the Issues and Decision Memorandum.\8\
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\8\ See Issues and Decision Memorandum.
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Rate for Non-Selected Respondents
The Act and Commerce's regulations do not address the 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} .'' Section
735(c)(5)(B) of the Act also provides that, where all rates are zero,
de minimis, or based entirely on facts available, we may use ``any
reasonable method'' for assigning the rate to all other respondents.
The SAA states that the ``expected method'' under ``any reasonable
method'' is that we will weight-average the rates that are zero, de
minimis, and based entirely on facts available.\9\
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\9\ See Uruguay Round Agreements Act Statement of Administrative
Action attached to H.R. Rep. No. 103-316 vol. I at 873 (1994),
reprinted in 1994 U.S.C.C.A.N 3773, 4163 (SAA).
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In this review, we have calculated weighted-average dumping margins
for DOSCO and HiSteel that are zero percent, and we have assigned this
zero percent to the non-selected company in this review (i.e., Kukje
Steel), pursuant to section 735(c)(5)(B) of the Act.
Final Results of the Review
We continue to assign the following weighted-average dumping
margins to the firms listed below for the period September 1, 2018,
through August 31, 2019:
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\10\ As discussed in the Preliminary Results, Commerce
preliminarily determined to collapse Dong-A Steel Co., Ltd., with
its affiliated producer SeAH Steel Corporation and treat these
companies as a single entity, in accordance with 19 CFR 351.401(f).
We received no comments on this issue and continue to determine that
Dong-A Steel Co., Ltd. and SeAH Steel Corporation are a single
entity.
------------------------------------------------------------------------
Weighted-
average
Producers/exporters dumping
margin
(percent)
------------------------------------------------------------------------
Dong-A Steel Co., Ltd \10\.................................. 0.00
HiSteel Co., Ltd............................................ 0.00
Kukje Steel Co., Ltd........................................ 0.00
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We intend to disclose 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 Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(1), Commerce has determined, 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. Pursuant to 19 CFR 351.212(b)(1), where the respondent did
not report entered value, we calculated the entered value in order to
calculate the assessment rate. Where the respondent's weighted-average
dumping margin is zero or de minimis within the meaning of 19 CFR
351.106(c)(1), or an importer-specific rate is zero or de minimis, we
will instruct CBP to liquidate the appropriate entries without regard
to antidumping duties. In accordance with Commerce's practice, for
entries of subject merchandise during the POR for which the reviewed
companies did not know that the merchandise was destined for the United
States, we will instruct CBP to liquidate such entries at the all-
others rate if there is no company-specific rate for the intermediate
company(ies) involved in the transaction.\11\
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\11\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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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.\12\ 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).
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\12\ See section 751(a)(2)(C) of the Act.
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[[Page 35062]]
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of the 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 by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for each specific
company listed above will be that established in the final results of
this review, except if the rate is less than 0.50 percent and,
therefore, de minimis within the meaning of 19 CFR 351.106(c)(1), in
which case the cash deposit rate will be zero; (2) for previously
investigated companies not participating in this review, the cash
deposit will continue to be the company-specific rate published for the
most recently completed segment of this proceeding; (3) if the exporter
is not a firm covered in this review, or the original less-than-fair-
value (LTFV) investigation, but the manufacturer is, then the cash
deposit rate will be the rate established for the most recent segment
for the manufacturer of the merchandise; and (4) the cash deposit rate
for all other manufacturers or exporters will continue to be 3.24
percent, the all-others rate established in the LTFV investigation.\13\
These deposit requirements, when imposed, shall remain in effect until
further notice.
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\13\ See Heavy Walled Rectangular Welded Carbon Steel Pipes and
Tubes from the Republic of Korea, Mexico, and the Republic of
Turkey: Antidumping Duty Orders, 81 FR 62865, 62866 (September 13,
2016).
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Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification Regarding Administrative Protective Order
This notice serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3), which continues to govern
business proprietary information in this segment of the proceeding.
Timely written notification of 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.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i) of the Act.
Dated: June 25, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Margin Calculations
V. Discussion of Issues
General Issues
Comment 1: Existence of a Particular Market Situation (PMS)
Comment 2: PMS Adjustment
Comment 3: Differential Pricing
DOSCO-Specific Issues
Comment 4: DOSCO's Scrap Offset
Comment 5: SeAH Steel Corporation (SeAH Steel)'s Scrap Offset
Comment 6: Common Expenses--DOSCO's General and Administrative
(G&A) Expense Ratio
Comment 7: Affiliated Services--DOSCO's and SeAH Steel's G&A
Expense Ratios
Comment 8: Inventory Valuation Losses--DOSCO's G&A Expense Ratio
Comment 9: Unassigned Material Costs Variance--SeAH Steel's G&A
Expense Ratio
Comment 10: Packing Costs--DOSCO's G&A Expense Ratio
Comment 11: Collapsed G&A Expense Ratio
Comment 12: Short Term Interest Income--Financial Expense Ratio
Comment 13: Investment Related Gains and Losses--Financial
Expense Ratio
Comment 14: Packing Costs--Financial Expense Ratio
HiSteel-Specific Issues
Comment 15: HiSteel Transactions--Disregarded Rule
Comment 16: Allocation of Common Expenses for HiSteel
Comment 17: HiSteel's Miscellaneous Income Items
VI. Recommendation
[FR Doc. 2021-14109 Filed 6-30-21; 8:45 am]
BILLING CODE 3510-DS-P