Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe From the Republic of Korea: Final Affirmative Countervailing Duty Determination, 35267-35269 [2021-14139]
Download as PDF
<![CDATA[
Federal Register / Vol. 86, No. 125 / Friday, July 2, 2021 / Notices
amounts shown for each of the
respective companies listed above. For
all non-reviewed firms, CBP will
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.
Administrative Protective Order
This notice serves as a final reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of 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 sanctionable violation.
Notification to Interested Parties
These final results are issued and
published in accordance with sections
751(a)(1) and 777(i) of the Act and 19
CFR 351.221(b)(5).
DEPARTMENT OF COMMERCE
lotter on DSK11XQN23PROD with NOTICES1
Appendix—List of Topics Discussed in
the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Subsidies Valuation
V. Loan Interest Rate Benchmark and
Discount Rates
VI. Use of Facts Otherwise Available and
Adverse Inferences
VII. Analysis of Programs
VIII. Analysis of Comments
Comment 1: Whether Commerce Properly
Interpreted and Applied the Standard
Established by Section 771B(1) of the Act
for Determining ‘‘Substantially
Dependent’’ Demand
Comment 2: Whether the EU CAP Pillar I—
BPS is De Jure Specific
Comment 3: Whether Commerce Used an
Incorrect Sales Denominator To
Calculate Agro Sevilla’s Subsidy Rate
Comment 4: Whether Commerce Should
Exclude Re-Sales and Purchases of
Molinos Not Used To Produce Subject
Merchandise From Camacho’s Subsidy
Rate Calculation
Comment 5: Whether the PROSOL Program
is Specific
Comment 6: Whether the ICO—National
Investment Program is Specific
Comment 7: Whether the Andalusia Energy
Agency for Sustainable Energy
Development for Andalusia Scheme is
Specific
17:12 Jul 01, 2021
Jkt 253001
[FR Doc. 2021–14142 Filed 7–1–21; 8:45 am]
BILLING CODE 3510–DS–P
Dated: June 25, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations.
VerDate Sep<11>2014
Comment 8: Whether the European
Investment Fund Loans Program is
Specific
Comment 9: Whether Commerce Should
Allocate Olive Subsidy Benefits to Sales
of Olives Only
Comment 10: Whether Commerce Should
Adjust its Calculation for Yield Loss
Comment 11: Whether Commerce Should
Revise its Calculation for the Two Coop
Respondents To Eliminate Double
Counting of Grower Quantities
Comment 12: Whether Commerce Should
Apply AFA to Agro Sevilla’s First-Tier
Coops and Member Growers
Comment 13: Whether Commerce Should
Correct Ministerial Errors for Agro
Sevilla
Comment 14: Whether Commerce Should
Correct Ministerial Errors for Camacho
Comment 15: Whether Commerce Should
Apply AFA to Camacho’s Growers
Comment 16: Whether Commerce Should
Apply AFA to Dcoop’s First-Tier Coops
and Member Growers
Comment 17: Whether Commerce Should
Find That All Dcoop’s Growers Received
Greening Benefits
Comment 18: Whether Commerce Should
Use Dcoop’s Calendar Year 2018 Grower
Data or, in the Alternative, Should
Correct Ministerial Errors
IX. Recommendation
International Trade Administration
[C–580–910]
Seamless Carbon and Alloy Steel
Standard, Line, and Pressure Pipe
From the Republic of Korea: Final
Affirmative Countervailing Duty
Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that
countervailable subsidies are being
provided to producers and exporters of
seamless carbon and alloy steel
standard, line, and pressure pipe
(seamless pipe) from the Republic of
Korea (Korea).
DATES: Applicable July 2, 2021.
FOR FURTHER INFORMATION CONTACT:
Moses Song or Natasia Harrison, 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) 482–7885 or (202) 482–1240,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
35267
Background
The petitioner in this investigation is
Vallourec Star, LP. In addition to the
Government of Korea (GOK), the
mandatory respondent in this
investigation is ILJIN Steel Corporation
(ILJIN). On December 11, 2020,
Commerce published in the Federal
Register the Preliminary Determination
and aligned this final determination
with the final antidumping duty (AD)
determination, in accordance with
section 705(a)(1) of the Tariff Act of
1930, as amended (the Act), and 19 CFR
351.210(b)(4)(i).1
A summary of the events that
occurred since Commerce published the
Preliminary Determination, as well as a
full discussion of the issues raised by
parties for this final determination, may
be found in the Issues and Decision
Memorandum, which is hereby adopted
by this notice.2 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/.
Period of Investigation
The period of investigation is January
1, 2019, through December 31, 2019.
Scope of the Investigation
The product covered by this
investigation is seamless pipe from
Korea. For a complete description of the
scope of this investigation, see
Appendix I.
Scope Comments
During the course of this and the
concurrent AD investigation, Commerce
received scope comments from
interested parties. On January 13, 2021,
Commerce issued a Preliminary Scope
Decision Memorandum to address these
comments, and modified the scope
language as it appeared in the
1 See Seamless Carbon and Alloy Steel Standard,
Line, and Pressure Pipe from the Republic of Korea:
Preliminary Affirmative Countervailing Duty
Determination and Alignment of Final
Determination with Final Antidumping Duty
Determination, 85 FR 80024 (December 11, 2020)
(Preliminary Determination), and accompanying
Preliminary Decision Memorandum.
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Affirmative
Determination in the Countervailing Duty
Investigation of Seamless Carbon and Alloy Steel
Standard, Line, and Pressure Pipe from the
Republic of Korea,’’ dated concurrently with, and
hereby adopted by, this notice (Issues and Decision
Memorandum).
E:\FR\FM\02JYN1.SGM
02JYN1
35268
Federal Register / Vol. 86, No. 125 / Friday, July 2, 2021 / Notices
Preliminary Determination to exclude
oil country tubular goods covered by
another order and all pipes meeting
certain chemical requirements from the
scope of this and the concurrent AD
investigation.3 We did not receive
comments from interested parties on the
Preliminary Scope Memorandum. As
discussed in Preliminary Scope
Decision Memorandum, Commerce
modified the scope language as it
appeared in the Initiation Notice to
clarify certain exclusions. See the scope
in the Appendix I to this notice.
Verification
Commerce was unable to conduct onsite verification of the information
relied upon in making its final
determination in this investigation.
However, we took additional steps in
lieu of an on-site verification to verify
the information relied upon in making
this final determination, in accordance
with section 782(i) of the Act.4
Analysis of Subsidy Programs and
Comments Received
The subsidy programs under
investigation and the issues raised in
the case and rebuttal briefs by parties in
this investigation are discussed in the
Issues and Decision Memorandum. A
list of the issues raised by parties is
attached to this notice at Appendix II.
lotter on DSK11XQN23PROD with NOTICES1
Methodology
Commerce conducted this
investigation in accordance with section
701 of the Act. For each of the subsidy
programs found countervailable,
Commerce determines that there is a
subsidy, i.e., a financial contribution by
an ‘‘authority’’ that gives rise to a
benefit to the recipient, and that the
subsidy is specific.5 For a full
description of the methodology
underlying our final determination, see
the Issues and Decision Memorandum.
In making this final determination,
Commerce is relying, in part, on facts
otherwise available, including adverse
facts available (AFA), pursuant to
sections 776(a) and (b) of the Act. For
3 See Memorandum, ‘‘Antidumping and
Countervailing Duty Investigations of Seamless
Carbon and Alloy Steel Standard, Line, and
Pressure Pipe from the Czech Republic, the
Republic of Korea, the Russian Federation, and
Ukraine: Preliminary Scope Decision
Memorandum,’’ dated January 13, 2021
(Preliminary Scope Decision Memorandum).
4 See Commerce’s Letter, ‘‘Countervailing Duty
Investigation of Seamless Carbon and Alloy Steel
Standard, Line, and Pressure Pipe from the
Republic of Korea: In Lieu of On-Site Verification
Questionnaire,’’ dated March 9, 2021.
5 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
VerDate Sep<11>2014
17:12 Jul 01, 2021
Jkt 253001
a full discussion of our application of
AFA, see the Preliminary Determination
and the section ‘‘Use of Facts Otherwise
Available and Adverse Inferences’’ in
the accompanying Issues and Decision
Memorandum.6
Changes Since the Preliminary
Determination
Based on our review and analysis of
the comments received from parties, as
well as additional information collected
in questionnaires issued subsequent to
the Preliminary Determination, we
made certain changes to the
countervailable subsidy rate calculation
for ILJIN. For a discussion of these
changes, see the Issues and Decision
Memorandum.
All-Others Rate
Section 705(c)(5)(A) of the Act
provides that in the final determination,
Commerce shall determine an estimated
all-others rate for companies not
individually examined. This rate shall
be an amount equal to the weighted
average of the estimated subsidy rates
established for those companies
individually examined, excluding any
zero and de minimis rates and any rates
based entirely under section 776 of the
Act.
In this investigation, Commerce
calculated an individual estimated
countervailable subsidy rate for ILJIN,
the only individually examined
exporter/producer, which is not zero, de
minimis, or based entirely on facts
otherwise available.7 Accordingly, we
have assigned the estimated
countervailable subsidy rate calculated
for ILJIN to all other producers and
exporters, pursuant to section
705(c)(5)(A)(i) of the Act.
determination within five days of its
public announcement, or if there is no
public announcement, within five days
of the date of publication of this notice
in accordance with 19 CFR 351.224(b).
Continuation of Suspension of
Liquidation
As a result of our Preliminary
Determination and pursuant to sections
703(d)(1)(B) and (d)(2) of the Act, we
instructed U.S. Customs and Border
Protection (CBP) to suspend liquidation
of entries of subject merchandise from
Korea that were entered, or withdrawn
from warehouse, for consumption,
effective December 11, 2020, which is
the date of publication of the
Preliminary Determination in the
Federal Register.
In accordance with section 703(d) of
the Act, effective April 10, 2021, we
instructed CBP to discontinue the
suspension of liquidation of all entries
at that time, but to continue the
suspension of liquidation of all entries
between December 11, 2020, and April
9, 2021.
If the U.S. International Trade
Commission (ITC) issues a final
affirmative injury determination, we
will issue a countervailing duty order,
and continue to require a cash deposit
of estimated countervailing duties for
such entries of subject merchandise in
the amounts indicated above, in
accordance with section 706(a) of the
Act. If the ITC determines that material
injury, or threat of material injury, does
not exist, this proceeding will be
terminated, and all estimated duties
deposited or securities posted as a result
of the suspension of liquidation will be
refunded or canceled.
ITC Notification
In accordance with section 705(d) of
the Act, we will notify the ITC of the
final affirmative determination that
countervailable subsidies are being
provided to producers and exporters of
Subsidy
seamless pipe from Korea. Because the
Company
rate
final determination in this proceeding is
(percent)
affirmative, in accordance with section
ILJIN Steel Corporation ..............
1.78 705(b) of the Act, the ITC will make its
All Others ....................................
1.78 final determination as to whether the
domestic industry in the United States
Disclosure
is materially injured or threatened with
material injury, by reason of imports of
Commerce intends to disclose to
seamless pipe from Korea no later than
interested parties its calculations and
45 days after our final determination. In
analysis performed in this final
addition, we are making available to the
ITC all non-privileged and
6 See Preliminary Decision Memorandum at ‘‘Use
nonproprietary information related to
of Facts Otherwise Available and Adverse
Inferences’’; see also Issues and Decision
this investigation. We will allow the ITC
Memorandum at ‘‘Use of Facts Otherwise Available
access to all privileged and business
and Adverse Inference.’’
proprietary information in our files,
7 See Preliminary Determination, 85 FR at 80025;
provided the ITC confirms that it will
see also Issues and Decision Memorandum at
‘‘Calculation of the All-Others Rate.’’
not disclose such information, either
Final Determination
Commerce determines that the
following countervailable subsidy rates
exist:
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
E:\FR\FM\02JYN1.SGM
02JYN1
Federal Register / Vol. 86, No. 125 / Friday, July 2, 2021 / Notices
publicly or under an administrative
protective order (APO), without the
written consent of the Assistant
Secretary for Enforcement and
Compliance.
Notification Regarding APO
In the event that the ITC issues a final
negative injury determination, this
notice will serve as the only reminder
to parties subject to the APO of their
responsibility concerning the
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). 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 terms of an
APO is a violation which is subject to
sanction.
Notification to Interested Parties
This determination is issued and
published pursuant to sections 705(d)
and 777(i) of the Act and 19 CFR
351.210(c).
Dated: June 25, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
lotter on DSK11XQN23PROD with NOTICES1
Appendix I—Scope of the Investigation
The merchandise covered by the scope of
this investigation is seamless carbon and
alloy steel (other than stainless steel) pipes
and redraw hollows, less than or equal to 16
inches (406.4 mm) in nominal outside
diameter, regardless of wall-thickness,
manufacturing process (e.g., hot-finished or
cold-drawn), end finish (e.g., plain end,
beveled end, upset end, threaded, or
threaded and coupled), or surface finish (e.g.,
bare, lacquered or coated). Redraw hollows
are any unfinished carbon or alloy steel
(other than stainless steel) pipe or ‘‘hollow
profiles’’ suitable for cold finishing
operations, such as cold drawing, to meet the
American Society for Testing and Materials
(ASTM) or American Petroleum Institute
(API) specifications referenced below, or
comparable specifications. Specifically
included within the scope are seamless
carbon and alloy steel (other than stainless
steel) standard, line, and pressure pipes
produced to the ASTM A–53, ASTM A–106,
ASTM A–333, ASTM A–334, ASTM A–589,
ASTM A–795, ASTM A–1024, and the API
51 specifications, or comparable
specifications, and meeting the physical
parameters described above, regardless of
application, with the exception of the
exclusions discussed below.
Specifically excluded from the scope of the
investigation are: (1) All pipes meeting
aerospace, hydraulic, and bearing tubing
specifications, including pipe produced to
the ASTM A–822 standard; (2) all pipes
meeting the chemical requirements of ASTM
A–335, whether finished or unfinished; and
(3) unattached couplings. Also excluded from
VerDate Sep<11>2014
17:12 Jul 01, 2021
Jkt 253001
the scope of the investigation are (1) all
mechanical, boiler, condenser and heat
exchange tubing, except when such products
conform to the dimensional requirements,
i.e., outside diameter and wall thickness, of
ASTM A53, ASTM A–106 or API 51
specifications. Also excluded from the scope
of the investigation are: (1) Oil country
tubular goods consisting of drill pipe, casing,
tubing and coupling stock; (2) all pipes
meeting the chemical requirements of ASTM
A–335 regardless of their conformity to the
dimensional requirements of ASTM A–53,
ASTM A–106 or API 5L; and (3) the
exclusion for ASTM A335 applies to pipes
meeting the comparable specifications GOST
550–75.
Subject seamless standard, line, and
pressure pipe are normally entered under
Harmonized Tariff Schedule of the United
States (HTSUS) subheadings 7304.19.1020,
7304.19.1030, 7304.19.1045, 7304.19.1060,
7304.19.5020, 7304.19.5050, 7304.31.6050,
7304.39.0016, 7304.39.0020, 7304.39.0024,
7304.39.0028, 7304.39.0032, 7304.39.0036,
7304.39.0040, 7304.39.0044, 7304.39.0048,
7304.39.0052, 7304.39.0056, 7304.39.0062,
7304.39.0068, 7304.39.0072, 7304.51.5005,
7304.51.5060, 7304.59.6000, 7304.59.8010,
7304.59.8015, 7304.59.8020, 7304.59.8025,
7304.59.8030, 7304.59.8035, 7304.59.8040,
7304.59.8045, 7304.59.8050, 7304.59.8055,
7304.59.8060, 7304.59.8065, and
7304.59.8070. The HTSUS subheadings and
specifications are provided for convenience
and customs purposes; the written
description of the scope is dispositive.
Appendix II—List of Topics Discussed
in the Final Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Subsidies Valuation
VI. Use of Facts Otherwise Available and
Adverse Inferences
VII. Analysis of Programs
VIII. Analysis of Comments
Comment 1: Whether the Provision of
Electricity for Less Than Adequate
Remuneration Is Countervailable
Comment 2: Whether the Korea
Development Bank is an ‘‘Authority’’
Comment 3: Whether Commerce Should
Determine that the Korea Development
Bank General Operating Financing Loans
Are Specific on the Basis of Adverse
Facts Available
Comment 4: Whether Tax Benefits Under
Restriction of Special Taxation Act
Article 10(1)(3) Are De Facto Specific
Comment 5: Whether Tax Benefits Under
Restriction of Special Taxation Act
Article 26 Are Regionally Specific
IX. Recommendation
[FR Doc. 2021–14139 Filed 7–1–21; 8:45 am]
BILLING CODE 3510–DS–P
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
35269
DEPARTMENT OF COMMERCE
International Trade Administration
[A–821–826]
Seamless Carbon and Alloy Steel
Standard, Line, and Pressure Pipe
From the Russian Federation: Final
Affirmative Determination of Sales at
Less Than Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that seamless
carbon and alloy steel standard, line,
and pressure pipe (seamless pipe) from
the Russian Federation (Russia) is being,
or is likely to be, sold in the United
States at less than fair value (LTFV) for
the period of investigation, July 1, 2019,
through June 30, 2020.
DATES: Applicable July 2, 2021.
FOR FURTHER INFORMATION CONTACT:
Mark Hoadley, 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) 482–3148.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On February 10, 2021, Commerce
published the Preliminary
Determination of sales at LTFV of
seamless pipe from Russia, in which we
also postponed the final determination
to June 25, 2021.1 We invited interested
parties to comment on the Preliminary
Determination. The mandatory
respondent in this investigation is PAO
TMK and Volzhsky Pipe Plant Joint
Stock Company (collectively, TMK). For
a complete description of the events that
followed the Preliminary Determination,
see the Issues and Decision
Memorandum.2 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).
1 See Seamless Carbon and Alloy Steel Standard,
Line, and Pressure Pipe from the Russian
Federation: Preliminary Affirmative Determination
of Sales at Less Than Fair Value, Postponement of
Final Determination, and Extension of Provisional
Measures, 86 FR 8891 (February 10, 2021)
(Preliminary Determination), and accompanying
Preliminary Decision Memorandum (PDM).
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Affirmative
Determination in the Less-Than-Fair-Value
Investigation of Seamless Carbon and Alloy Steel
Standard, Line, and Pressure Pipe from the Russian
Federation,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
E:\FR\FM\02JYN1.SGM
02JYN1
]]>Agencies
[Federal Register Volume 86, Number 125 (Friday, July 2, 2021)]
[Notices]
[Pages 35267-35269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14139]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-580-910]
Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe
From the Republic of Korea: Final Affirmative Countervailing Duty
Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that
countervailable subsidies are being provided to producers and exporters
of seamless carbon and alloy steel standard, line, and pressure pipe
(seamless pipe) from the Republic of Korea (Korea).
DATES: Applicable July 2, 2021.
FOR FURTHER INFORMATION CONTACT: Moses Song or Natasia Harrison, 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) 482-7885 or (202) 482-1240,
respectively.
SUPPLEMENTARY INFORMATION:
Background
The petitioner in this investigation is Vallourec Star, LP. In
addition to the Government of Korea (GOK), the mandatory respondent in
this investigation is ILJIN Steel Corporation (ILJIN). On December 11,
2020, Commerce published in the Federal Register the Preliminary
Determination and aligned this final determination with the final
antidumping duty (AD) determination, in accordance with section
705(a)(1) of the Tariff Act of 1930, as amended (the Act), and 19 CFR
351.210(b)(4)(i).\1\
---------------------------------------------------------------------------
\1\ See Seamless Carbon and Alloy Steel Standard, Line, and
Pressure Pipe from the Republic of Korea: Preliminary Affirmative
Countervailing Duty Determination and Alignment of Final
Determination with Final Antidumping Duty Determination, 85 FR 80024
(December 11, 2020) (Preliminary Determination), and accompanying
Preliminary Decision Memorandum.
---------------------------------------------------------------------------
A summary of the events that occurred since Commerce published the
Preliminary Determination, as well as a full discussion of the issues
raised by parties for this final determination, may be found in the
Issues and Decision Memorandum, which is hereby adopted by this
notice.\2\ 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/.
---------------------------------------------------------------------------
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination in the Countervailing Duty
Investigation of Seamless Carbon and Alloy Steel Standard, Line, and
Pressure Pipe from the Republic of Korea,'' dated concurrently with,
and hereby adopted by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Period of Investigation
The period of investigation is January 1, 2019, through December
31, 2019.
Scope of the Investigation
The product covered by this investigation is seamless pipe from
Korea. For a complete description of the scope of this investigation,
see Appendix I.
Scope Comments
During the course of this and the concurrent AD investigation,
Commerce received scope comments from interested parties. On January
13, 2021, Commerce issued a Preliminary Scope Decision Memorandum to
address these comments, and modified the scope language as it appeared
in the
[[Page 35268]]
Preliminary Determination to exclude oil country tubular goods covered
by another order and all pipes meeting certain chemical requirements
from the scope of this and the concurrent AD investigation.\3\ We did
not receive comments from interested parties on the Preliminary Scope
Memorandum. As discussed in Preliminary Scope Decision Memorandum,
Commerce modified the scope language as it appeared in the Initiation
Notice to clarify certain exclusions. See the scope in the Appendix I
to this notice.
---------------------------------------------------------------------------
\3\ See Memorandum, ``Antidumping and Countervailing Duty
Investigations of Seamless Carbon and Alloy Steel Standard, Line,
and Pressure Pipe from the Czech Republic, the Republic of Korea,
the Russian Federation, and Ukraine: Preliminary Scope Decision
Memorandum,'' dated January 13, 2021 (Preliminary Scope Decision
Memorandum).
---------------------------------------------------------------------------
Verification
Commerce was unable to conduct on-site verification of the
information relied upon in making its final determination in this
investigation. However, we took additional steps in lieu of an on-site
verification to verify the information relied upon in making this final
determination, in accordance with section 782(i) of the Act.\4\
---------------------------------------------------------------------------
\4\ See Commerce's Letter, ``Countervailing Duty Investigation
of Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe
from the Republic of Korea: In Lieu of On-Site Verification
Questionnaire,'' dated March 9, 2021.
---------------------------------------------------------------------------
Analysis of Subsidy Programs and Comments Received
The subsidy programs under investigation and the issues raised in
the case and rebuttal briefs by parties in this investigation are
discussed in the Issues and Decision Memorandum. A list of the issues
raised by parties is attached to this notice at Appendix II.
Methodology
Commerce conducted this investigation in accordance with section
701 of the Act. For each of the subsidy programs found countervailable,
Commerce determines that there is a subsidy, i.e., a financial
contribution by an ``authority'' that gives rise to a benefit to the
recipient, and that the subsidy is specific.\5\ For a full description
of the methodology underlying our final determination, see the Issues
and Decision Memorandum.
---------------------------------------------------------------------------
\5\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------
In making this final determination, Commerce is relying, in part,
on facts otherwise available, including adverse facts available (AFA),
pursuant to sections 776(a) and (b) of the Act. For a full discussion
of our application of AFA, see the Preliminary Determination and the
section ``Use of Facts Otherwise Available and Adverse Inferences'' in
the accompanying Issues and Decision Memorandum.\6\
---------------------------------------------------------------------------
\6\ See Preliminary Decision Memorandum at ``Use of Facts
Otherwise Available and Adverse Inferences''; see also Issues and
Decision Memorandum at ``Use of Facts Otherwise Available and
Adverse Inference.''
---------------------------------------------------------------------------
Changes Since the Preliminary Determination
Based on our review and analysis of the comments received from
parties, as well as additional information collected in questionnaires
issued subsequent to the Preliminary Determination, we made certain
changes to the countervailable subsidy rate calculation for ILJIN. For
a discussion of these changes, see the Issues and Decision Memorandum.
All-Others Rate
Section 705(c)(5)(A) of the Act provides that in the final
determination, Commerce shall determine an estimated all-others rate
for companies not individually examined. This rate shall be an amount
equal to the weighted average of the estimated subsidy rates
established for those companies individually examined, excluding any
zero and de minimis rates and any rates based entirely under section
776 of the Act.
In this investigation, Commerce calculated an individual estimated
countervailable subsidy rate for ILJIN, the only individually examined
exporter/producer, which is not zero, de minimis, or based entirely on
facts otherwise available.\7\ Accordingly, we have assigned the
estimated countervailable subsidy rate calculated for ILJIN to all
other producers and exporters, pursuant to section 705(c)(5)(A)(i) of
the Act.
---------------------------------------------------------------------------
\7\ See Preliminary Determination, 85 FR at 80025; see also
Issues and Decision Memorandum at ``Calculation of the All-Others
Rate.''
---------------------------------------------------------------------------
Final Determination
Commerce determines that the following countervailable subsidy
rates exist:
------------------------------------------------------------------------
Subsidy
Company rate
(percent)
------------------------------------------------------------------------
ILJIN Steel Corporation..................................... 1.78
All Others.................................................. 1.78
------------------------------------------------------------------------
Disclosure
Commerce intends to disclose to interested parties its calculations
and analysis performed in this final determination within five days of
its public announcement, or if there is no public announcement, within
five days of the date of publication of this notice in accordance with
19 CFR 351.224(b).
Continuation of Suspension of Liquidation
As a result of our Preliminary Determination and pursuant to
sections 703(d)(1)(B) and (d)(2) of the Act, we instructed U.S. Customs
and Border Protection (CBP) to suspend liquidation of entries of
subject merchandise from Korea that were entered, or withdrawn from
warehouse, for consumption, effective December 11, 2020, which is the
date of publication of the Preliminary Determination in the Federal
Register.
In accordance with section 703(d) of the Act, effective April 10,
2021, we instructed CBP to discontinue the suspension of liquidation of
all entries at that time, but to continue the suspension of liquidation
of all entries between December 11, 2020, and April 9, 2021.
If the U.S. International Trade Commission (ITC) issues a final
affirmative injury determination, we will issue a countervailing duty
order, and continue to require a cash deposit of estimated
countervailing duties for such entries of subject merchandise in the
amounts indicated above, in accordance with section 706(a) of the Act.
If the ITC determines that material injury, or threat of material
injury, does not exist, this proceeding will be terminated, and all
estimated duties deposited or securities posted as a result of the
suspension of liquidation will be refunded or canceled.
ITC Notification
In accordance with section 705(d) of the Act, we will notify the
ITC of the final affirmative determination that countervailable
subsidies are being provided to producers and exporters of seamless
pipe from Korea. Because the final determination in this proceeding is
affirmative, in accordance with section 705(b) of the Act, the ITC will
make its final determination as to whether the domestic industry in the
United States is materially injured or threatened with material injury,
by reason of imports of seamless pipe from Korea no later than 45 days
after our final determination. In addition, we are making available to
the ITC all non-privileged and nonproprietary information related to
this investigation. We will allow the ITC access to all privileged and
business proprietary information in our files, provided the ITC
confirms that it will not disclose such information, either
[[Page 35269]]
publicly or under an administrative protective order (APO), without the
written consent of the Assistant Secretary for Enforcement and
Compliance.
Notification Regarding APO
In the event that the ITC issues a final negative injury
determination, this notice will serve as the only reminder to parties
subject to the APO of their responsibility concerning the destruction
of proprietary information disclosed under APO in accordance with 19
CFR 351.305(a)(3). 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 terms
of an APO is a violation which is subject to sanction.
Notification to Interested Parties
This determination is issued and published pursuant to sections
705(d) and 777(i) of the Act and 19 CFR 351.210(c).
Dated: June 25, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
Appendix I--Scope of the Investigation
The merchandise covered by the scope of this investigation is
seamless carbon and alloy steel (other than stainless steel) pipes
and redraw hollows, less than or equal to 16 inches (406.4 mm) in
nominal outside diameter, regardless of wall-thickness,
manufacturing process (e.g., hot-finished or cold-drawn), end finish
(e.g., plain end, beveled end, upset end, threaded, or threaded and
coupled), or surface finish (e.g., bare, lacquered or coated).
Redraw hollows are any unfinished carbon or alloy steel (other than
stainless steel) pipe or ``hollow profiles'' suitable for cold
finishing operations, such as cold drawing, to meet the American
Society for Testing and Materials (ASTM) or American Petroleum
Institute (API) specifications referenced below, or comparable
specifications. Specifically included within the scope are seamless
carbon and alloy steel (other than stainless steel) standard, line,
and pressure pipes produced to the ASTM A-53, ASTM A-106, ASTM A-
333, ASTM A-334, ASTM A-589, ASTM A-795, ASTM A-1024, and the API 51
specifications, or comparable specifications, and meeting the
physical parameters described above, regardless of application, with
the exception of the exclusions discussed below.
Specifically excluded from the scope of the investigation are:
(1) All pipes meeting aerospace, hydraulic, and bearing tubing
specifications, including pipe produced to the ASTM A-822 standard;
(2) all pipes meeting the chemical requirements of ASTM A-335,
whether finished or unfinished; and (3) unattached couplings. Also
excluded from the scope of the investigation are (1) all mechanical,
boiler, condenser and heat exchange tubing, except when such
products conform to the dimensional requirements, i.e., outside
diameter and wall thickness, of ASTM A53, ASTM A-106 or API 51
specifications. Also excluded from the scope of the investigation
are: (1) Oil country tubular goods consisting of drill pipe, casing,
tubing and coupling stock; (2) all pipes meeting the chemical
requirements of ASTM A-335 regardless of their conformity to the
dimensional requirements of ASTM A-53, ASTM A-106 or API 5L; and (3)
the exclusion for ASTM A335 applies to pipes meeting the comparable
specifications GOST 550-75.
Subject seamless standard, line, and pressure pipe are normally
entered under Harmonized Tariff Schedule of the United States
(HTSUS) subheadings 7304.19.1020, 7304.19.1030, 7304.19.1045,
7304.19.1060, 7304.19.5020, 7304.19.5050, 7304.31.6050,
7304.39.0016, 7304.39.0020, 7304.39.0024, 7304.39.0028,
7304.39.0032, 7304.39.0036, 7304.39.0040, 7304.39.0044,
7304.39.0048, 7304.39.0052, 7304.39.0056, 7304.39.0062,
7304.39.0068, 7304.39.0072, 7304.51.5005, 7304.51.5060,
7304.59.6000, 7304.59.8010, 7304.59.8015, 7304.59.8020,
7304.59.8025, 7304.59.8030, 7304.59.8035, 7304.59.8040,
7304.59.8045, 7304.59.8050, 7304.59.8055, 7304.59.8060,
7304.59.8065, and 7304.59.8070. The HTSUS subheadings and
specifications are provided for convenience and customs purposes;
the written description of the scope is dispositive.
Appendix II--List of Topics Discussed in the Final Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Subsidies Valuation
VI. Use of Facts Otherwise Available and Adverse Inferences
VII. Analysis of Programs
VIII. Analysis of Comments
Comment 1: Whether the Provision of Electricity for Less Than
Adequate Remuneration Is Countervailable
Comment 2: Whether the Korea Development Bank is an
``Authority''
Comment 3: Whether Commerce Should Determine that the Korea
Development Bank General Operating Financing Loans Are Specific on
the Basis of Adverse Facts Available
Comment 4: Whether Tax Benefits Under Restriction of Special
Taxation Act Article 10(1)(3) Are De Facto Specific
Comment 5: Whether Tax Benefits Under Restriction of Special
Taxation Act Article 26 Are Regionally Specific
IX. Recommendation
[FR Doc. 2021-14139 Filed 7-1-21; 8:45 am]
BILLING CODE 3510-DS-P
