Certain Oil Country Tubular Goods From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2018-2019, 41015-41018 [2021-16250]

Download as PDF lotter on DSK11XQN23PROD with NOTICES1 Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / Notices unfinished, whether assembled or unassembled, and whether the equipment contains any additional features that provide for functions beyond the primary lifting function. Subject merchandise includes, but is not limited to, the following subassemblies: • Scissor arm assemblies, or scissor arm sections, for connection to chassis and platform assemblies. These assemblies include: (1) Pin assemblies that connect sections to form scissor arm assemblies, and (2) actuators that power the arm assemblies to extend and retract. These assemblies may or may not also include blocks that allow sliding of end sections in relation to frame and platform, hydraulic hoses, electrical cables, and/or other components; • boom assemblies, or boom sections, for connection to the boom turntable, or to the chassis assembly, or to a platform assembly or to a lifting device. Boom assemblies include telescoping sections where the smallest section (or tube) can be nested in the next larger section (or tube) and can slide out for extension and/or articulated sections joined by pins. These assemblies may or may not include pins, hydraulic cylinders, hydraulic hoses, electrical cables, and/or other components; • chassis assemblies, for connection to scissor arm assemblies, or to boom assemblies, or to boom turntable assemblies. Chassis assemblies include: (1) Chassis frames, and (2) frame sections. Chassis assemblies may or may not include axles, wheel end components, steering cylinders, engine assembly, transmission, drive shafts, tires and wheels, crawler tracks and wheels, fuel tank, hydraulic oil tanks, battery assemblies, and/or other components; • boom turntable assemblies, for connection to chassis assemblies, or to boom assemblies. Boom turntable assemblies include turntable frames. Boom turntable assemblies may or may not include engine assembly, slewing rings, fuel tank, hydraulic oil tank, battery assemblies, counterweights, hoods (enclosures), and/or other components. Importation of any of these subassemblies, whether assembled or unassembled, constitutes unfinished mobile access equipment for purposes of this investigation. Processing of finished and unfinished mobile access equipment and subassemblies such as trimming, cutting, grinding, notching, punching, slitting, drilling, welding, joining, bolting, bending, beveling, riveting, minor fabrication, galvanizing, painting, coating, finishing, assembly, or any other processing either in the country of manufacture of the in-scope product or in a third country does not remove the product from the scope. Inclusion of other components not identified as comprising the finished or unfinished mobile access equipment does not remove the product from the scope. The scope excludes forklifts, vertical mast lifts, mobile self-propelled cranes and motor vehicles that incorporate a scissor arm assembly or boom assembly. Forklifts are material handling vehicles with a working attachment, usually a fork, lifted along a vertical guide rail with the operator seated or VerDate Sep<11>2014 17:24 Jul 29, 2021 Jkt 253001 standing on the chassis behind the vertical mast. Vertical mast lifts are person and material lifting vehicles with a working attachment, usually a platform, lifted along a vertical guide rail with an operator standing on the platform. Mobile self-propelled cranes are material handling vehicles with a boom attachment for lifting loads of tools or materials that are suspended on ropes, cables, and/or chains, and which contain winches mounted on or near the base of the boom with ropes, cables, and/or chains managed along the boom structure. The scope also excludes motor vehicles (defined as a vehicle driven or drawn by mechanical power and manufactured primarily for use on public streets, roads, and highways, but does not include a vehicle operated only on a rail line pursuant to 49 U.S.C. 30102(a)(7)) that incorporate a scissor arm assembly or boom assembly. The scope further excludes vehicles driven or drawn by mechanical power operated only on a rail line that incorporate a scissor arm assembly or boom assembly. The scope also excludes: (1) Rail line vehicles, defined as vehicles with hi-rail gear or track wheels, and a fixed (nontelescopic) main boom, which perform operations on rail lines, such as laying rails, setting ties, or other rail maintenance jobs; and (2) certain rail line vehicle subassemblies, defined as chassis subassemblies and boom turntable subassemblies for rail line vehicles with a fixed (non-telescopic) main boom. Certain mobile access equipment subject to this investigation is typically classifiable under subheadings 8427.10.8020, 8427.10.8030, 8427.10.8070, 8427.10.8095, 8427.20.8020, 8427.20.8090, 8427.90.0020 and 8427.90.0090 of the Harmonized Tariff Schedule of the United States (HTSUS). Parts of certain mobile access equipment are typically classifiable under subheading 8431.20.0000 of the HTSUS. While the HTSUS subheadings are provided for convenience and customs purposes only, the written description of the merchandise under investigation is dispositive. Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Injury Test V. Scope Comments VI. Scope of the Investigation VII. Diversification of China’s Economy VIII. Use of Facts Otherwise Available and Application of Adverse Inferences IX. Subsidies Valuation X. Interest Rate Benchmarks, Discount Rates, Input, Electricity, and Land Benchmarks XI. Analysis of Programs XII. Recommendation [FR Doc. 2021–16332 Filed 7–29–21; 8:45 am] DEPARTMENT OF COMMERCE International Trade Administration [A–580–870] Certain Oil Country Tubular Goods 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 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, 2018, through August 31, 2019. DATES: Applicable July 30, 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. AGENCY: SUPPLEMENTARY INFORMATION: Background On January 25, 2021, Commerce published the Preliminary Results of this administrative review.1 We invited interested parties to comment on the Preliminary Results. Between February 25 and March 4, 2021, Commerce received timely filed case briefs and rebuttal briefs from various interested parties.2 On April 28, 2021, we 1 See Certain Oil Country Tubular Goods from the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2018– 2019, 86 FR 6868 (January 25, 2021) (Preliminary Results), and accompanying Preliminary Decision Memorandum. 2 See Maverick Tube Corporation, Tenaris Bay City, Inc., and IPSCO Tubulars Inc. (collectively, Maverick)’s Letter, ‘‘Oil Country Tubular Goods from the Republic of Korea: Case Brief of Maverick Tube Corporation, Tenaris Bay City, Inc., and IPSCO Tubulars Inc.,’’ dated February 25, 2021; United States Steel Corporation (U.S. Steel)’s Letter, ‘‘Oil Country Tubular Goods from the Republic of Korea: Case Brief of United States Steel Corporation,’’ dated February 26, 2021; Hyundai Steel Company (Hyundai Steel)’s Letter, ‘‘Certain Oil Country Tubular Goods from the Republic of Korea—Case Brief,’’ dated February 25, 2021; SeAH Steel Corporation (SeAH)’s Letter, ‘‘Administrative Review of the Antidumping Order on Oil Country Tubular Goods from Korea—Case Brief of SeAH Steel Corporation,’’ dated February 25, 2021; Husteel Co., Ltd. (Husteel)’s Letter, ‘‘Oil Country Tubular Goods from the Republic of Korea, Case No. A–580–870: Husteel’s Case Brief,’’ dated February 25, 2021; AJU Besteel’s Letter, ‘‘Certain Continued BILLING CODE 3510–DS–P PO 00000 Frm 00014 Fmt 4703 41015 Sfmt 4703 E:\FR\FM\30JYN1.SGM 30JYN1 41016 Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / Notices extended the deadline for the final results until July 23, 2021.3 For a complete description of the events that followed the Preliminary Results of this administrative review, see the Issues and Decision Memorandum.4 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 on the internet at http:// enforcement.trade.gov/frn/index.html. These final results cover 53 companies.5 Based on an analysis of the comments received, we have made changes to the weighted-average dumping margins determined for the respondents. The weighted-average dumping margins are listed in the ‘‘Final Results of Review’’ section, below. Commerce conducted this review in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act). Scope of the Order 6 lotter on DSK11XQN23PROD with NOTICES1 The merchandise covered by the Order is certain OCTG, which are Oil Country Tubular Goods from the Republic of Korea—Letter in Support of Case Briefs,’’ dated February 25, 2021; ILJIN’s Letter, ‘‘Certain Oil Country Tubular Goods from the Republic of Korea—Letter in Support of Case Briefs,’’ dated February 25, 2021; Maverick’s Letter, ‘‘Oil Country Tubular Goods from the Republic of Korea: Rebuttal Brief of Maverick Tube Corporation, Tenaris Bay City, Inc. and IPSCO Tubular Inc.,’’ dated March 4, 2021; U.S. Steel’s Letter, ‘‘Oil Country Tubular Goods from the Republic of Korea: Rebuttal Brief of United States Steel Corporation,’’ dated March 5, 2021; Hyundai Steel’s Letter, ‘‘Certain Oil Country Tubular Goods from the Republic of Korea— Rebuttal Brief,’’ dated March 4, 2021; SeAH’s Letter, ‘‘Administrative Review of the Antidumping Duty Order on Oil Country Tubular Goods from Korea— Rebuttal Brief of SeAH Steel Corporation,’’ dated March 5, 2021; and Husteel’s Letter, ‘‘Oil Country Tubular Goods from Republic of Korea, Case No. A– 580–870: Letter in Support of Respondents’ Rebuttal Briefs,’’ dated March 4, 2021. 3 See Memorandum, ‘‘Oil Country Tubular Goods from the Republic of Korea: Extension of Time Limit for Final Results of Antidumping Duty Administrative Review, 2018–2019,’’ dated April 28, 2021. 4 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of the 2018– 2019 Administrative Review of the Antidumping Duty Order on Certain Oil Country Tubular Goods from the Republic of Korea,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 5 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 84 FR 61011 (November 12, 2021). The 53 companies consist of two mandatory respondents and 51 companies not individually examined. 6 See Certain Oil Country Tubular Goods from India, the Republic of Korea, Taiwan, the Republic VerDate Sep<11>2014 22:10 Jul 29, 2021 Jkt 253001 hollow steel products of circular crosssection, including oil well casing and tubing, of iron (other than cast iron) or steel (both carbon and alloy), whether seamless or welded, regardless of end finish (e.g., whether or not plain end, threaded, or threaded and coupled) whether or not conforming to American Petroleum Institute (API) or non-API specifications, whether finished (including limited service OCTG products) or unfinished (including green tubes and limited service OCTG products), whether or not thread protectors are attached. The scope of the Order also covers OCTG coupling stock. For a complete description of the scope of the Order, see the Issues and Decision Memorandum. Analysis of Comments Received All issues raised in the case and rebuttal briefs filed by parties in this review are addressed in the Issues and Decision Memorandum. The issues are identified in Appendix I to this notice. Changes Since the Preliminary Results Based on our analysis of the comments received, we made certain changes to the margin calculations for SeAH and Hyundai Steel. For a discussion of these changes, see the ‘‘Margin Calculations’’ section of the Issues and Decision Memorandum. Rate for Non-Examined Companies The statute and Commerce’s regulations do not address the establishment of a rate to be applied to companies not selected for 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 review 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}.’’ For these final results, we calculated a weighted-average dumping margin 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). PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 that is not zero, de minimis, or determined entirely on the basis of facts available for SeAH. Accordingly, Commerce has assigned to the companies not individually examined (see Appendix II for a full list of these companies) a margin of 0.77 percent, which is SeAH’s calculated weightedaverage dumping margin for these final results. Final Results of Review Commerce determines that the following weighted-average dumping margins exist for the period September 1, 2018, through August 31, 2019: Producer/exporter Weightedaverage dumping margins (percent) Hyundai Steel Company ............. SeAH Steel Corporation ............. Non-examined companies 7 ........ 0.00 0.77 0.77 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). Assessment Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b), Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this review. Where the respondent reported reliable entered values, we calculated importer- (or customer-) specific ad valorem rates by aggregating the dumping margins calculated for all U.S. sales to each importer (or customer) and dividing this amount by the total entered value of the sales to each importer (or customer).8 Where Commerce calculated a weightedaverage dumping margin by dividing the total amount of dumping for reviewed sales to that party by the total sales quantity associated with those transactions, Commerce will direct CBP to assess importer- (or customer-) specific assessment rates based on the resulting per-unit rates.9 Where an importer- (or customer-) specific ad valorem or per-unit rate is greater than de minimis (i.e., 0.50 percent), 7 See Appendix II for a full list of these companies. 8 See 19 CFR 351.212(b)(1). 9 Id. E:\FR\FM\30JYN1.SGM 30JYN1 Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / Notices Commerce will instruct CBP to collect the appropriate duties at the time of liquidation.10 Where an importer- (or customer-) specific ad valorem or perunit rate is zero or de minimis, Commerce will instruct CBP to liquidate appropriate entries without regard to antidumping duties.11 For the companies which were not selected for individual review, we will assign an assessment rate based on the methodology described in the ‘‘Rates for Non-Examined Companies’’ section, above. Consistent with Commerce’s assessment practice, for entries of subject merchandise during the POR produced by SeAH, Hyundai Steel, or the non-examined companies for which the producer did not know that its merchandise was destined for the United States, we will instruct CBP to liquidate unreviewed entries at the allothers rate if there is no rate for the intermediate company(ies) involved in the transaction.12 Consistent with its recent notice,13 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). Cash Deposit Requirements The following cash deposit requirements will be effective for all shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided for by section 751(a)(2)(C) of the Act: (1) The cash deposit rates for the companies listed in these final results will be equal to the weighted-average dumping margins established in the final results of this review; (2) for merchandise exported by producers or exporters not covered in this review but covered in a prior segment of this proceeding, the cash deposit rate will continue to be the company-specific rate 10 Id. lotter on DSK11XQN23PROD with NOTICES1 11 See 19 CFR 351.106(c)(2). a full discussion of this practice, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). 13 See Notice of Discontinuation Policy to Issue Liquidation Instructions After 15 Days in Applicable Antidumping and Countervailing Duty Administrative Proceedings, 86 FR 3995 (January 15, 2021). 12 For VerDate Sep<11>2014 17:24 Jul 29, 2021 Jkt 253001 published for the most recently completed segment in which the company was reviewed; (3) if the exporter is not a firm covered in this review or the original less-than-fairvalue (LTFV) investigation, but the producer is, the cash deposit rate will be the rate established for the most recently completed segment of this proceeding for the producer of the subject merchandise; and (4) the cash deposit rate for all other producers or exporters will continue to be 5.24 percent,14 the all-others rate established in the LTFV investigation. These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Notification Regarding Administrative Protective Order This notice also 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 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 This administrative review and notice are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213. Dated: July 23, 2021. Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance. Appendix I—List of Topics Discussed in the Issues and Decision Memorandum I. Summary 14 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). PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 41017 II. Background III. Scope of the Order IV. Changes Since the Preliminary Results V. Rate for Non-Examined Companies VI. Discussion of the Issues General Issues Comment 1–A: Lawfulness of Commerce’s Interpretation of the Particular Market Situation (PMS) Provision Comment 1–B: Evidence of a PMS Comment 1–C: Quantification of PMS Adjustment Comment 2: Differential Pricing Comment 3: Calculation of Constructed Value (CV) Profit and Selling Expenses Hyundai Steel-Specific Issues Comment 4: Arm’s Length Adjustment for Services from Affiliate Comment 5: Transportation of OCTG from Affiliate Comment 6: Cost of Prime Products Sold in the United States Comment 7: Transfer Price as an Indirect Selling Expense Comment 8: Correcting Drafting Errors Comment 9: Hyundai Steel’s Entered Value Comment 10: U.S. Warehousing Expense Comment 11: Reallocating an Input as a Packing Expense SeAH-Specific Issues Comment 12: PMS Adjustment in the Sales-Below-Cost Test Comment 13: Freight Revenue Cap Comment 14: Calculation of General and Administrative (G&A) Expenses Incurred by SeAH’s U.S. Affiliate Comment 15: Correction of a Ministerial Error in SeAH’s Preliminary Margin Program Comment 16: SeAH’s Kuwait Sales to Calculate Normal Value Comment 17: CEP Offset VII. 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. ILJIN Steel Corporation 23. Keonwoo Metals Co., Ltd. 24. K Steel Corporation 25. KF UBIS Co., Ltd. 26. Korea Steel Co., Ltd. 27. Kukje Steel Co., Ltd. 28. KPF Co., Ltd. 29. Kumkang Kind Co., Ltd. E:\FR\FM\30JYN1.SGM 30JYN1 41018 Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / Notices 30. Kumsoo Connecting Co., Ltd. 31. Master Steel Corporation 32. MCK Co., Ltd. 33. MS Pipe Co., Ltd. 34. Msteel Co., Ltd. 35. Nexen Corporation 36. NEXTEEL Co., Ltd. 37. Pneumatic Plus Korea Co., Ltd. 38. POSCO International Corporation 39. PSG Co., Ltd. 40. Pusan Fitting Corporation 41. SeAH FS Co., Ltd. 42. Sejong Ind. Co., Ltd. 43. Seokyoung Steel & Technology Co., Ltd. 44. SIC Tube Co., Ltd. 45. ST Tubular Inc. 46. Sungkwang Bend Co., Ltd. 47. TGS Pipe Co., Ltd. 48. TJ Glovsteel Co., Ltd. 49. TSP Corporation 50. Union Pipe MFG Co., Ltd. 51. WSG Co., Ltd. [FR Doc. 2021–16250 Filed 7–29–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–588–869] Diffusion-Annealed, Nickel-Plated FlatRolled Steel Products From Japan: Preliminary Results of Antidumping Duty Administrative Review; 2019– 2020 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that diffusion-annealed, nickel-plated flat-rolled steel products (nickel-plated steel products) from Japan are being, or are likely to be, sold in the United States at less than normal value (NV) during the period of review (POR) May 1, 2019, through April 30, 2020. DATES: Applicable July 30, 2021. FOR FURTHER INFORMATION CONTACT: Amaris Wade, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; (202) 482–3874, email: amaris.wade@trade.gov. SUPPLEMENTARY INFORMATION: lotter on DSK11XQN23PROD with NOTICES1 AGENCY: Background On July 10, 2020, based on timely requests for review, in accordance with 19 CFR 351.221(c)(1)(i), we initiated an administrative review on nickel-plated steel products from Japan.1 This review covers one producer/exporter of the 1 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 85 FR 41540 (July 10, 2020) (Initiation Notice). VerDate Sep<11>2014 17:24 Jul 29, 2021 Jkt 253001 subject merchandise, Toyo Kohan Co., Ltd. (Toyo Kohan). On July 21, 2020, Commerce tolled all deadlines in administrative reviews by 60 days.2 In March 2021, Commerce extended the preliminary results of this review to no later than July 30, 2021.3 For a complete description of the events that followed the initiation of this review, see the Preliminary Decision Memorandum.4 Preliminary Results of the Review As a result of this review, we preliminarily determine that the following weighted-average dumping margin exists for the period May 1, 2019, through April 30, 2020: Scope of the Order Toyo Kohan Co., Ltd ............ Producer or exporter Weightedaverage dumping margin (percent) 7.21% The merchandise subject to the order is diffusion-annealed, nickel-plated flatrolled steel products from Japan. The product is currently classified under the Harmonized Tariff Schedule of the United States (HTSUS) subheadings 7212.50.0000 and 7210.90.6000. Although the HTSUS subheadings are provided for convenience and customs purposes, the written product description remains dispositive.5 Disclosure and Public Comment Commerce intends to disclose the calculations performed in connection with these preliminary results to interested parties within five days after the date of publication of this notice.6 Interested parties may submit case briefs to Commerce no later than 30 days after the date of publication of this notice.7 Rebuttal briefs, limited to issues raised in the case briefs, may be filed no later than seven days after the deadline for Methodology filing case briefs.8 Parties who submit Commerce is conducting this review case briefs or rebuttal briefs in this in accordance with sections 751(a)(1)(B) proceeding are encouraged to submit and (2) of the Tariff Act of 1930, as with each argument: (1) A statement of amended (the Act). Export price is the issue; (2) a brief summary of the calculated in accordance with section argument; and (3) a table of authorities.9 772 of the Act. NV is calculated in Case and rebuttal briefs should be filed accordance with section 773 of the Act. using ACCESS.10 Pursuant to 19 CFR 351.310(c), For a full description of the interested parties who wish to request a methodology underlying our hearing must submit a written request to conclusions, see the Preliminary the Assistant Secretary for Enforcement Decision Memorandum. The Preliminary Decision Memorandum is a and Compliance, U.S. Department of Commerce, filed electronically via public document and is on file ACCESS within 30 days after the date of electronically via Enforcement and publication of this notice.11 Hearing Compliance’s Antidumping and requests should contain: (1) The party’s Countervailing Duty Centralized name, address, and telephone number; Electronic Service System (ACCESS). (2) the number of participants; and (3) ACCESS is available to registered users a list of issues to be discussed. Oral at https://access.trade.gov. In addition, a presentations at the hearing will be complete version of the Preliminary limited to issues raised in the briefs. If Decision Memorandum can be accessed a request for a hearing is made, parties directly at http://enforcement.trade.gov/ will be notified of the time and date for frn/. A list of the topics discussed in the the hearing.12 Preliminary Decision Memorandum is An electronically-filed document attached as an Appendix to this notice. must be received successfully in its entirety by ACCESS by 5:00 p.m. 2 See Memorandum, ‘‘Tolling of Deadlines for Eastern Time on the established Antidumping and Countervailing Duty deadline. Administrative Reviews,’’ Commerce intends to issue the final dated July 21, 2020. 3 See Memorandum, ‘‘Extension of the Deadline results of this administrative review, for Preliminary Results of the 2019–2020 including the results of its analysis of Antidumping Duty Administrative Review,’’ dated March 9, 2021. 4 See Memorandum, ‘‘Decision Memorandum for the Preliminary Results of the 2019–2020 Administrative Review of the Antidumping Duty Order on Diffusion-Annealed, Nickel-Plated FlatRolled Steel Products from Japan,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 5 For a complete description of the scope of the Order, see Preliminary Decision Memorandum. PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 6 See 19 CFR 351.224(b). 19 CFR 351.309(c). 8 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). 9 See 19 CFR 351.309(c)(2) and (d)(2). 10 See 19 CFR 351.303. 11 See 19 CFR 351.310(c). 12 See 19 CFR 351.310(d). 7 See E:\FR\FM\30JYN1.SGM 30JYN1

Agencies

[Federal Register Volume 86, Number 144 (Friday, July 30, 2021)]
[Notices]
[Pages 41015-41018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16250]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-870]


Certain Oil Country Tubular Goods 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 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, 2018, through August 31, 2019.

DATES: Applicable July 30, 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

    On January 25, 2021, Commerce published the Preliminary Results of 
this administrative review.\1\ We invited interested parties to comment 
on the Preliminary Results. Between February 25 and March 4, 2021, 
Commerce received timely filed case briefs and rebuttal briefs from 
various interested parties.\2\ On April 28, 2021, we

[[Page 41016]]

extended the deadline for the final results until July 23, 2021.\3\
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    \1\ See Certain Oil Country Tubular Goods from the Republic of 
Korea: Preliminary Results of Antidumping Duty Administrative 
Review; 2018-2019, 86 FR 6868 (January 25, 2021) (Preliminary 
Results), and accompanying Preliminary Decision Memorandum.
    \2\ See Maverick Tube Corporation, Tenaris Bay City, Inc., and 
IPSCO Tubulars Inc. (collectively, Maverick)'s Letter, ``Oil Country 
Tubular Goods from the Republic of Korea: Case Brief of Maverick 
Tube Corporation, Tenaris Bay City, Inc., and IPSCO Tubulars Inc.,'' 
dated February 25, 2021; United States Steel Corporation (U.S. 
Steel)'s Letter, ``Oil Country Tubular Goods from the Republic of 
Korea: Case Brief of United States Steel Corporation,'' dated 
February 26, 2021; Hyundai Steel Company (Hyundai Steel)'s Letter, 
``Certain Oil Country Tubular Goods from the Republic of Korea--Case 
Brief,'' dated February 25, 2021; SeAH Steel Corporation (SeAH)'s 
Letter, ``Administrative Review of the Antidumping Order on Oil 
Country Tubular Goods from Korea--Case Brief of SeAH Steel 
Corporation,'' dated February 25, 2021; Husteel Co., Ltd. 
(Husteel)'s Letter, ``Oil Country Tubular Goods from the Republic of 
Korea, Case No. A-580-870: Husteel's Case Brief,'' dated February 
25, 2021; AJU Besteel's Letter, ``Certain Oil Country Tubular Goods 
from the Republic of Korea--Letter in Support of Case Briefs,'' 
dated February 25, 2021; ILJIN's Letter, ``Certain Oil Country 
Tubular Goods from the Republic of Korea--Letter in Support of Case 
Briefs,'' dated February 25, 2021; Maverick's Letter, ``Oil Country 
Tubular Goods from the Republic of Korea: Rebuttal Brief of Maverick 
Tube Corporation, Tenaris Bay City, Inc. and IPSCO Tubular Inc.,'' 
dated March 4, 2021; U.S. Steel's Letter, ``Oil Country Tubular 
Goods from the Republic of Korea: Rebuttal Brief of United States 
Steel Corporation,'' dated March 5, 2021; Hyundai Steel's Letter, 
``Certain Oil Country Tubular Goods from the Republic of Korea--
Rebuttal Brief,'' dated March 4, 2021; SeAH's Letter, 
``Administrative Review of the Antidumping Duty Order on Oil Country 
Tubular Goods from Korea--Rebuttal Brief of SeAH Steel 
Corporation,'' dated March 5, 2021; and Husteel's Letter, ``Oil 
Country Tubular Goods from Republic of Korea, Case No. A-580-870: 
Letter in Support of Respondents' Rebuttal Briefs,'' dated March 4, 
2021.
    \3\ See Memorandum, ``Oil Country Tubular Goods from the 
Republic of Korea: Extension of Time Limit for Final Results of 
Antidumping Duty Administrative Review, 2018-2019,'' dated April 28, 
2021.
---------------------------------------------------------------------------

    For a complete description of the events that followed the 
Preliminary Results of this administrative review, see the Issues and 
Decision Memorandum.\4\ 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 on the internet at http://enforcement.trade.gov/frn/index.html.
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    \4\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2018-2019 Administrative Review of the 
Antidumping Duty Order on Certain Oil Country Tubular Goods from the 
Republic of Korea,'' dated concurrently with, and hereby adopted by, 
this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------

    These final results cover 53 companies.\5\ Based on an analysis of 
the comments received, we have made changes to the weighted-average 
dumping margins determined for the respondents. The weighted-average 
dumping margins are listed in the ``Final Results of Review'' section, 
below. Commerce conducted this review in accordance with section 751(a) 
of the Tariff Act of 1930, as amended (the Act).
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    \5\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 84 FR 61011 (November 12, 2021). The 53 
companies consist of two mandatory respondents and 51 companies not 
individually examined.
---------------------------------------------------------------------------

Scope of the Order 6
---------------------------------------------------------------------------

    \6\ 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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    The merchandise covered by the Order is certain OCTG, which are 
hollow steel products of circular cross-section, including oil well 
casing and tubing, of iron (other than cast iron) or steel (both carbon 
and alloy), whether seamless or welded, regardless of end finish (e.g., 
whether or not plain end, threaded, or threaded and coupled) whether or 
not conforming to American Petroleum Institute (API) or non-API 
specifications, whether finished (including limited service OCTG 
products) or unfinished (including green tubes and limited service OCTG 
products), whether or not thread protectors are attached. The scope of 
the Order also covers OCTG coupling stock. For a complete description 
of the scope of the Order, see the Issues and Decision Memorandum.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs filed by parties 
in this review are addressed in the Issues and Decision Memorandum. The 
issues are identified in Appendix I to this notice.

Changes Since the Preliminary Results

    Based on our analysis of the comments received, we made certain 
changes to the margin calculations for SeAH and Hyundai Steel. For a 
discussion of these changes, see the ``Margin Calculations'' section of 
the Issues and Decision Memorandum.

Rate for Non-Examined Companies

    The statute and Commerce's regulations do not address the 
establishment of a rate to be applied to companies not selected for 
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 review in an administrative review. Under 
section 735(c)(5)(A) of the Act, the all-others rate is normally ``an 
amount equal to the weighted average of the estimated weighted average 
dumping margins established for exporters and producers individually 
investigated, excluding any zero or de minimis margins, and any margins 
determined entirely {on the basis of facts available{time} .''
    For these final results, we calculated a weighted-average dumping 
margin that is not zero, de minimis, or determined entirely on the 
basis of facts available for SeAH. Accordingly, Commerce has assigned 
to the companies not individually examined (see Appendix II for a full 
list of these companies) a margin of 0.77 percent, which is SeAH's 
calculated weighted-average dumping margin for these final results.

Final Results of Review

    Commerce determines that the following weighted-average dumping 
margins exist for the period September 1, 2018, through August 31, 
2019:
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    \7\ See Appendix II for a full list of these companies.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margins
                                                               (percent)
------------------------------------------------------------------------
Hyundai Steel Company.......................................        0.00
SeAH Steel Corporation......................................        0.77
Non-examined companies \7\..................................        0.77
------------------------------------------------------------------------

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).

Assessment

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b), 
Commerce shall determine, and U.S. Customs and Border Protection (CBP) 
shall assess, antidumping duties on all appropriate entries of subject 
merchandise in accordance with the final results of this review.
    Where the respondent reported reliable entered values, we 
calculated importer- (or customer-) specific ad valorem rates by 
aggregating the dumping margins calculated for all U.S. sales to each 
importer (or customer) and dividing this amount by the total entered 
value of the sales to each importer (or customer).\8\ Where Commerce 
calculated a weighted-average dumping margin by dividing the total 
amount of dumping for reviewed sales to that party by the total sales 
quantity associated with those transactions, Commerce will direct CBP 
to assess importer- (or customer-) specific assessment rates based on 
the resulting per-unit rates.\9\ Where an importer- (or customer-) 
specific ad valorem or per-unit rate is greater than de minimis (i.e., 
0.50 percent),

[[Page 41017]]

Commerce will instruct CBP to collect the appropriate duties at the 
time of liquidation.\10\ Where an importer- (or customer-) specific ad 
valorem or per-unit rate is zero or de minimis, Commerce will instruct 
CBP to liquidate appropriate entries without regard to antidumping 
duties.\11\
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    \8\ See 19 CFR 351.212(b)(1).
    \9\ Id.
    \10\ Id.
    \11\ See 19 CFR 351.106(c)(2).
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    For the companies which were not selected for individual review, we 
will assign an assessment rate based on the methodology described in 
the ``Rates for Non-Examined Companies'' section, above.
    Consistent with Commerce's assessment practice, for entries of 
subject merchandise during the POR produced by SeAH, Hyundai Steel, or 
the non-examined companies for which the producer did not know that its 
merchandise was destined for the United States, we will instruct CBP to 
liquidate unreviewed entries at the all-others rate if there is no rate 
for the intermediate company(ies) involved in the transaction.\12\
---------------------------------------------------------------------------

    \12\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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    Consistent with its recent notice,\13\ 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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    \13\ See Notice of Discontinuation Policy to Issue Liquidation 
Instructions After 15 Days in Applicable Antidumping and 
Countervailing Duty Administrative Proceedings, 86 FR 3995 (January 
15, 2021).
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of subject merchandise entered, or withdrawn from warehouse, 
for consumption on or after the publication date of the final results 
of this administrative review, as provided for by section 751(a)(2)(C) 
of the Act: (1) The cash deposit rates for the companies listed in 
these final results will be equal to the weighted-average dumping 
margins established in the final results of this review; (2) for 
merchandise exported by producers or exporters not covered in this 
review but covered in a prior segment of this proceeding, the cash 
deposit rate will continue to be the company-specific rate published 
for the most recently completed segment in which the company was 
reviewed; (3) if the exporter is not a firm covered in this review or 
the original less-than-fair-value (LTFV) investigation, but the 
producer is, the cash deposit rate will be the rate established for the 
most recently completed segment of this proceeding for the producer of 
the subject merchandise; and (4) the cash deposit rate for all other 
producers or exporters will continue to be 5.24 percent,\14\ the all-
others rate established in the LTFV investigation. These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
---------------------------------------------------------------------------

    \14\ 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).
---------------------------------------------------------------------------

Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this POR. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of antidumping duties occurred and the subsequent assessment of double 
antidumping duties.

Notification Regarding Administrative Protective Order

    This notice also 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 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

    This administrative review and notice are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
351.213.

    Dated: July 23, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Rate for Non-Examined Companies
VI. Discussion of the Issues

    General Issues
    Comment 1-A: Lawfulness of Commerce's Interpretation of the 
Particular Market Situation (PMS) Provision
    Comment 1-B: Evidence of a PMS
    Comment 1-C: Quantification of PMS Adjustment
    Comment 2: Differential Pricing
    Comment 3: Calculation of Constructed Value (CV) Profit and 
Selling Expenses

    Hyundai Steel-Specific Issues
    Comment 4: Arm's Length Adjustment for Services from Affiliate
    Comment 5: Transportation of OCTG from Affiliate
    Comment 6: Cost of Prime Products Sold in the United States
    Comment 7: Transfer Price as an Indirect Selling Expense
    Comment 8: Correcting Drafting Errors
    Comment 9: Hyundai Steel's Entered Value
    Comment 10: U.S. Warehousing Expense
    Comment 11: Reallocating an Input as a Packing Expense

    SeAH-Specific Issues
    Comment 12: PMS Adjustment in the Sales-Below-Cost Test
    Comment 13: Freight Revenue Cap
    Comment 14: Calculation of General and Administrative (G&A) 
Expenses Incurred by SeAH's U.S. Affiliate
    Comment 15: Correction of a Ministerial Error in SeAH's 
Preliminary Margin Program
    Comment 16: SeAH's Kuwait Sales to Calculate Normal Value
    Comment 17: CEP Offset
VII. 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. ILJIN Steel Corporation
23. Keonwoo Metals Co., Ltd.
24. K Steel Corporation
25. KF UBIS Co., Ltd.
26. Korea Steel Co., Ltd.
27. Kukje Steel Co., Ltd.
28. KPF Co., Ltd.
29. Kumkang Kind Co., Ltd.

[[Page 41018]]

30. Kumsoo Connecting Co., Ltd.
31. Master Steel Corporation
32. MCK Co., Ltd.
33. MS Pipe Co., Ltd.
34. Msteel Co., Ltd.
35. Nexen Corporation
36. NEXTEEL Co., Ltd.
37. Pneumatic Plus Korea Co., Ltd.
38. POSCO International Corporation
39. PSG Co., Ltd.
40. Pusan Fitting Corporation
41. SeAH FS Co., Ltd.
42. Sejong Ind. Co., Ltd.
43. Seokyoung Steel & Technology Co., Ltd.
44. SIC Tube Co., Ltd.
45. ST Tubular Inc.
46. Sungkwang Bend Co., Ltd.
47. TGS Pipe Co., Ltd.
48. TJ Glovsteel Co., Ltd.
49. TSP Corporation
50. Union Pipe MFG Co., Ltd.
51. WSG Co., Ltd.

[FR Doc. 2021-16250 Filed 7-29-21; 8:45 am]
BILLING CODE 3510-DS-P