Large Diameter Welded Pipe From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2018-2020, 41010-41013 [2021-16325]

Download as PDF lotter on DSK11XQN23PROD with NOTICES1 41010 Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / Notices Analysis of Comments Received manufacturers in the United States of the domestic like product. On April 30, 2021, Commerce received timely and adequate substantive responses to the notice of initiation from the domestic interested parties within the 30-day deadline specified in 19 CFR 351.218(d)(3).4 On May 3, 2021, two respondent interested parties, CG Roxane LLC (CG Roxane) and Niagara Bottling LLC (Niagara) filed substantive responses. Commerce determined that the respondent interested parties did not establish that they met the requirement in 19 CFR 351.218(e)(1)(ii)(A) and, thus, determined that their responses were inadequate.5 On May 21, 2021, Commerce notified the U.S. International Trade Commission that we did not receive an adequate substantive response from respondent interested parties.6 As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce conducted expedited (120-day) sunset reviews of the AD Orders. A complete discussion of all issues raised in these sunset reviews, including the likelihood of continuation or recurrence of dumping in the event of revocation of the AD Orders and the magnitude of the margins likely to prevail if the AD Orders were to be revoked, is provided in the Issues and Decision Memorandum. A list of topics discussed in the Issues and Decision Memorandum is included as an appendix to this notice. 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 http:// 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. Scope of the Orders Final Results of Reviews The merchandise covered by the AD Orders is PET resin having an intrinsic viscosity of at least 0.70, but not more than 0.88, deciliters per gram. The scope includes blends of virgin PET resin and recycled PET resin containing 50 percent or more virgin PET resin content by weight, provided such blends meet the intrinsic viscosity requirements above. The scope includes all PET resin meeting the above specifications regardless of additives introduced in the manufacturing process. The merchandise subject to the AD Orders is properly classified under subheading 3907.60.00.30 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheading is provided for convenience and customs purposes, the written description of the merchandise covered by the AD Orders is dispositive. Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, Commerce determines that revocation of the AD Orders would be likely to lead to the continuation or recurrence of dumping, and the magnitude of the weightedaverage dumping margins likely to prevail are up to 13.60 percent for Canada, 19.41 percent for India, 126.58 percent for China, and 7.62 percent for Oman. 4 See Domestic Interested Parties’ Letter, ‘‘Domestic Interested Parties’ Substantive Response to Notice of Initiation,’’ dated April 30, 2021. 5 See CG Roxane’s Letter, ‘‘Sunset Review of Polyethylene Terephthalate Resin from China and Oman: Response to Notice of Institution,’’ dated May 3, 2021; see also Niagara’s letter, ‘‘Sunset Review of Polyethylene Terephthalate Resin from China: Response to Notice of Institution,’’ dated May 3, 2021. For details regarding the submissions of CG Roxane and Niagara, see Memorandum, ‘‘Issues and Decision Memorandum for the Expedited First Sunset Reviews of the Antidumping Duty Orders on Certain Polyethylene Terephthalate Resin from Canada, the People’s Republic of China, India, and the Sultanate of Oman,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 6 See Commerce’s Letter, ‘‘Sunset Reviews Initiated on March 31, 2021’’, dated May 21, 2021. VerDate Sep<11>2014 17:24 Jul 29, 2021 Jkt 253001 Administrative Protective Order (APO) This notice also serves as the only reminder to parties subject to an APO of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely notification of the return or destruction of APO materials or conversion to judicial protective orders 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 We are issuing and publishing the final results and this notice in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act, and 19 CFR 351.218(e)(1)(ii)(C)(2) and 351.221(c)(5). PO 00000 Dated: July 23, 2021. Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Orders IV. History of the Orders V. Legal Framework VI. Discussion of the Issues 1. Likelihood of Continuation or Recurrence of Dumping 2. Magnitude of the Dumping Margins Likely to Prevail VII. Final Results of Sunset Reviews VIII. Recommendation [FR Doc. 2021–16253 Filed 7–29–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–580–897] Large Diameter Welded Pipe From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2018–2020 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that sales of large diameter welded pipe (welded pipe) from the Republic of Korea (Korea) were not made at less than normal value during the period of review (POR) August 27, 2018, through April 30, 2020. We invite interested parties to comment on these preliminary results. DATES: Applicable July 30, 2021. FOR FURTHER INFORMATION CONTACT: Kate Johnson or Sergio Balbontin, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4929 or (202) 482–6478, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On May 2, 2019, Commerce published the antidumping duty order on welded pipe from Korea.1 On July 10, 2020, in accordance with 19 CFR 351.221(c)(1)(i), Commerce initiated an 1 See Large Diameter Welded Pipe from the Republic of Korea: Amended Final Affirmative Antidumping Determination and Antidumping Duty Order, 84 FR 18767 (May 2, 2019) (Order). Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\30JYN1.SGM 30JYN1 Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / Notices administrative review of the Order, covering twenty companies.2 On July 21, 2020, Commerce tolled all preliminary and final results deadlines in administrative reviews by 60 days.3 Pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), on March 10, 2021, Commerce determined that it was not practicable to complete the preliminary results of this review within 245 days and extended the deadline for the preliminary results of this review by 120 days, until July 30, 2021.4 For a detailed description of the events that followed the initiation of this review, see the Preliminary Decision Memorandum.5 Scope of the Order The product covered by this Order is welded pipe from Korea. For a full description of the scope, see the Preliminary Decision Memorandum. Methodology Commerce is conducting this review in accordance with section 751(a) of the Act. For a full description of the methodology underlying these preliminary results, see the Preliminary Decision Memorandum. A list of topics included in the Preliminary Decision Memorandum is included as an appendix to this notice. The Preliminary Decision Memorandum is a public document and is available via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum is available at http://enforcement.trade.gov/frn/. lotter on DSK11XQN23PROD with NOTICES1 Rate for Non-Selected Companies The statute and Commerce’s regulations do not address the establishment of a weighted-average dumping margin to be determined for companies not selected for individual examination when Commerce limits its 2 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 85 FR 41540 (July 10, 2020). 3 See Memorandum, ‘‘Tolling of Deadlines for Antidumping and Countervailing Duty Administrative Reviews,’’ dated July 21, 2020. 4 See Memorandum, ‘‘Extension of Deadline for Preliminary Results of 2018–2020 Antidumping Duty Administrative Review,’’ dated March 10, 2021. 5 See Memorandum, ‘‘Large Diameter Welded Pipe from the Republic of Korea: Decision Memorandum for the Preliminary Results of Antidumping Duty Administrative Review; 2018– 2020,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). VerDate Sep<11>2014 17:24 Jul 29, 2021 Jkt 253001 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 an investigation, for guidance when determining the weighted-average dumping margin 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 and de minimis margins, and any margins determined entirely {on the basis of facts available}.’’ In this review, we have preliminarily calculated a weighted-average dumping margin for each of the mandatory respondents, Hyundai RB Co., Ltd. (Hyundai RB) and Hyundai Steel Company (Hyundai Steel), that is zero percent. Where the rates for the individually examined companies are all zero, de minimis, or determined entirely using facts available, section 735(c)(5)(B) of the Act instructs that Commerce ‘‘may use any reasonable method to establish the estimated allothers rate for exporters and producers not individually investigated, including averaging the estimated weighted average dumping margins determined for the exporters and producers individually investigated.’’ One such reasonable method is to weight average the zero and de minimis rates, and the rates determined entirely pursuant to facts available. In fact, the SAA states that this is the ‘‘expected’’ method in such circumstances.6 Accordingly, we have determined the weighted-average dumping margin for the eighteen companies that were not selected for individual examination based on the weighted average of the weightedaverage dumping margins calculated for Hyundai RB and Hyundai Steel, i.e., zero percent, consistent with section 735(c)(5)(B) of the Act. These are the only rates determined in this review for individually examined companies, and, thus, are applied to the eighteen firms not selected for individual examination. Preliminary Results of the Review We preliminarily determine that the following weighted-average dumping margins exist for the period of August 27, 2018, through April 30, 2020: 6 See Statement of Administrative Action Accompanying the Uruguay Round Agreements Act, H.R. Doc. 103–316, vol. 1 (1994) (SAA) at 873. PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 Exporter and/or producer Hyundai RB Co., Ltd .................. Hyundai Steel Company ............. Non-Examined Companies 7 ...... 41011 Weightedaverage dumping margin (percent) 0.00 0.00 0.00 Disclosure and Public Comment We intend to disclose the calculations performed for these preliminary results to parties within five days after the date of public announcement of the preliminary results.8 Pursuant to 19 CFR 351.309(c), interested parties may submit case briefs no later than 30 days after the date of publication of this notice.9 Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than seven days after the date for filing case briefs.10 Parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.11 Executive summaries should be limited to five pages total, including footnotes. Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, filed electronically via ACCESS. Requests should contain: (1) The party’s name, address, and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case and rebuttal briefs. If a request for a hearing is made, Commerce intends to hold the hearing at a date and time to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. All submissions to Commerce must be filed using ACCESS 12 and must be served on interested parties.13 An electronically filed document must be received successfully in its entirety by Commerce’s electronic records system, ACCESS, by 5:00 p.m. Eastern Time on the date that the document is due. Note 7 See Appendix II. 19 CFR 351.224(b). 9 See 19 CFR 351.309(c)(1)(ii). 10 See 19 CFR 351.309(d)(1) and (2); see also Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19, 85 FR 17006 (March 26, 2020); and Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). 11 See 19 CFR 351.309(c)(2) and (d)(2). 12 See 19 CFR 351.303. 13 See 19 CFR 351.303(f). 8 See E:\FR\FM\30JYN1.SGM 30JYN1 41012 Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / Notices that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice.14 Assessment Rates lotter on DSK11XQN23PROD with NOTICES1 Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b)(1), Commerce will determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this review. Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of the final results of this administrative review in the Federal Register. If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired (i.e., within 90 days of publication). For an individually examined respondent whose weighted-average dumping margin is not de minimis (i.e., less than 0.50 percent), upon completion of the final results, Commerce intends to calculate importer-specific assessment rates on the basis of the ratio of the total amount of dumping calculated for each importer’s examined sales to the total entered value of those sales. Where we do not have entered values for all U.S. sales to a particular importer, we will calculate an importer-specific, per-unit assessment rate on the basis of the ratio of the total amount of dumping calculated for the importer’s examined sales to the total quantity of those sales.15 To determine whether an importer-specific, per-unit assessment rate is de minimis, in accordance with 19 CFR 351.106(c)(2), we also will calculate an importer-specific ad valorem ratio based on estimated entered values. Where either a respondent’s weighted-average dumping margin is zero or de minimis, or an importer-specific ad valorem assessment rate is zero or de minimis, we will instruct CBP to liquidate appropriate entries without regard to antidumping duties.16 For entries of 14 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). 15 See 19 CFR 351.212(b)(1). 16 See 19 CFR 352.106(c)(2); see also Antidumping Proceeding: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings; Final Modification, 77 FR 8101, 8103 (February 14, 2012). VerDate Sep<11>2014 17:24 Jul 29, 2021 Jkt 253001 subject merchandise during the POR produced by each individually examined respondent for which it did not know its merchandise was destined for the United States, we will instruct CBP to liquidate such entries at the allothers rate if there is no rate for the intermediate company(ies) involved in the transaction.17 For the companies which were not selected for individual examination, we intend to direct CBP to assess antidumping duties at a rate equal to their weighted-average dumping margin determined in the final results. 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 cash deposits of estimated duties, where applicable.18 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 the companies listed above will be equal to the weighted-average dumping margin 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 reviewed or investigated companies not covered in this review, the cash deposit rate will continue to be the company-specific rate published for the most recently-completed segment of this proceeding in which the company was reviewed; (3) if the exporter is not a firm covered in this review, a prior completed review, or the less-than-fair value (LTFV) investigation, but the producer is, then the cash deposit rate will be the company-specific rate established for the most recentlycompleted segment of this proceeding for the producer of subject merchandise; and (4) the cash deposit rate for all other producers and exporters will continue to be 7.08 percent, the all-others rate established in the LTFV investigation.19 These cash deposit requirements, when imposed, shall remain in effect until further notice. 17 See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). 18 See section 751(a)(2)(C) of the Act. 19 See Order. PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 Final Results of Review Unless otherwise extended, Commerce intends to issue the final results of this administrative review, including the results of our analysis of issues raised by the parties in the written comments, within 120 days of publication of these preliminary results in the Federal Register, pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1). Notification to Importers This notice serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. Notification to Interested Parties These preliminary results are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4). Dated: July 26, 2021. Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance. Appendix I List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Discussion of the Methodology V. Currency Conversion VI. Recommendation Appendix II Review-Specific Average Rate Applicable to Companies Not Selected for Individual Review 1. AJU Besteel Co., Ltd. 2. Chang Won Bending Co., Ltd. 3. Daiduck Piping Co., Ltd. 4. Dong Yang Steel Pipe Co., Ltd. 5. Dongbu Incheon Steel Co., Ltd. 6. EEW KHPC Co., Ltd. 7. EEW Korea Co., Ltd. 8. Histeel Co., Ltd. 9. Husteel Co., Ltd. 10. Kiduck Industries Co., Ltd. 11. Kum Kang Kind. Co., Ltd. 12. Kumsoo Connecting Co., Ltd. 13. Nexteel Co., Ltd. 14. SeAH Steel Corporation 15. Seonghwa Industrial Co., Ltd. 16. SIN–E B&P Co., Ltd. 17. Steel Flower Co., Ltd. E:\FR\FM\30JYN1.SGM 30JYN1 Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / Notices 18. WELTECH Co., Ltd. [FR Doc. 2021–16325 Filed 7–29–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–140] Certain Mobile Access Equipment and Subassemblies Thereof From the People’s Republic of China: Preliminary Affirmative Countervailing Duty Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to producers and exporters of certain mobile access equipment and subassemblies thereof (mobile access equipment) from the People’s Republic of China (China). The period of investigation is January 1, 2020, through December 31, 2020. Interested parties are invited to comment on this preliminary determination. DATES: Applicable July 30, 2021. FOR FURTHER INFORMATION CONTACT: Theodore Pearson or Michael Romani, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–2631 or (202) 482–0198, respectively. SUPPLEMENTARY INFORMATION: AGENCY: lotter on DSK11XQN23PROD with NOTICES1 Background This preliminary determination is made in accordance with section 703(b) of the Trade Act of 1930, as amended (the Act). Commerce published the notice of initiation of this investigation on March 25, 2021.1 On May 4, 2021, 1 See Certain Mobile Access Equipment and Subassemblies Thereof from the People’s Republic of China: Initiation of Countervailing Duty Investigation, 86 FR 15905 (March 25, 2021) (Initiation Notice). 2 See Certain Mobile Access Equipment and Subassemblies Thereof from the People’s Republic of China: Postponement of Preliminary Determination in the Countervailing Duty Investigation, 86 FR 23681 (May 4, 2021). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Determination in the Countervailing Duty Investigation of Certain Mobile Access Equipment and Subassemblies Thereof from the People’s Republic of China,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 4 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). VerDate Sep<11>2014 17:24 Jul 29, 2021 Jkt 253001 Commerce postponed the preliminary determination of this investigation, and the revised deadline is now July 26, 2021.2 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.3 A list of topics discussed in the Preliminary Decision Memorandum is included as Appendix II to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http:// access.trade.gov. Scope of the Investigation The products covered by this investigation are certain mobile access equipment from China. For a complete description of the scope of this investigation, see Appendix I. Scope Comments In accordance with the preamble to Commerce’s regulations,4 the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage (i.e., scope).5 We received comments regarding the scope, which we have addressed in the Preliminary Scope Memorandum.6 Methodology Commerce is conducting this investigation in accordance with section 701 of the Act. For each of the subsidy programs found countervailable, Commerce preliminarily 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.7 Commerce notes that, in making these findings, it relied, in part, on facts available and, because it finds that one Initiation Notice. Memorandum, ‘‘Certain Mobile Access Equipment and Subassemblies Thereof from the People’s Republic of China: Scope Comments Decision Memorandum for the Preliminary Determination,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Scope Memorandum). 7 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. 8 See sections 776(a) and (b) of the Act. 9 Excluding companies determined to be nonresponsive. See Preliminary Determination Memorandum at section ‘‘Application of AFA: NonResponsive Companies’’ for details. PO 00000 5 See 6 See Frm 00012 Fmt 4703 Sfmt 4703 41013 or more respondents did not act to the best of their ability to respond to Commerce’s requests for information, it drew an adverse inference where appropriate in selecting from among the facts otherwise available.8 For further information, see ‘‘Use of Facts Otherwise Available and Adverse Inferences’’ in the Preliminary Decision Memorandum. All-Others Rate Sections 703(d) and 705(c)(5)(A) of the Act provide that, in the preliminary determination, Commerce shall determine an estimated all-others rate for companies not individually examined. The rate shall be an amount equal to the weighted average of the estimated subsidy rates established for those companies individually examined, excluding any rates that are zero, de minimis, or rates based entirely under section 776 of the Act. In this investigation, as discussed in the Preliminary Decision Memorandum, Commerce calculated individual estimated countervailable subsidy rates for Lingong Group Jinan Heavy Machinery Co., Ltd. (LGMG) and Zhejiang Dingli Machinery Co., Ltd. (Dingli) that were not zero, de minimis, or based entirely under section 776 of the Act. For the companies not individually examined,9 we are applying to the non-selected companies the average of the net subsidy rates calculated for LGMG and Dingli, which we calculated using the publicly ranged sales data submitted by LGMG and Dingli.10 This methodology to establish the all-others subsidy rate is consistent with our practice and section 705(c)(5)(A) of the Act. Preliminary Determination Commerce preliminarily determines that the following estimated countervailable subsidy rates exist: 10 With two respondents under examination, Commerce normally calculates (A) a weightedaverage of the estimated subsidy rates calculated for the examined respondents; (B) a simple average of the estimated subsidy rates calculated for the examined respondents; and (C) a weighted-average of the estimated subsidy rates calculated for the examined respondents using each company’s publicly-ranged U.S. sale quantities for the merchandise under consideration. Commerce then compares (B) and (C) to (A) and selects the rate closest to (A) as the most appropriate rate for all other producers and exporters. See, e.g., Ball Bearings and Parts Thereof from France, Germany, Italy, Japan, and the United Kingdom: Final Results of Antidumping Duty Administrative Reviews, Final Results of Changed-Circumstances Review, and Revocation of an Order in Part, 75 FR 53661, 53663 (September 1, 2010). E:\FR\FM\30JYN1.SGM 30JYN1

Agencies

[Federal Register Volume 86, Number 144 (Friday, July 30, 2021)]
[Notices]
[Pages 41010-41013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16325]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-897]


Large Diameter Welded Pipe From the Republic of Korea: 
Preliminary Results of Antidumping Duty Administrative Review; 2018-
2020

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that sales of large diameter welded pipe (welded pipe) from the 
Republic of Korea (Korea) were not made at less than normal value 
during the period of review (POR) August 27, 2018, through April 30, 
2020. We invite interested parties to comment on these preliminary 
results.

DATES: Applicable July 30, 2021.

FOR FURTHER INFORMATION CONTACT: Kate Johnson or Sergio Balbontin, AD/
CVD Operations, Office VIII, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-4929 or (202) 
482-6478, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On May 2, 2019, Commerce published the antidumping duty order on 
welded pipe from Korea.\1\ On July 10, 2020, in accordance with 19 CFR 
351.221(c)(1)(i), Commerce initiated an

[[Page 41011]]

administrative review of the Order, covering twenty companies.\2\
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    \1\ See Large Diameter Welded Pipe from the Republic of Korea: 
Amended Final Affirmative Antidumping Determination and Antidumping 
Duty Order, 84 FR 18767 (May 2, 2019) (Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 85 FR 41540 (July 10, 2020).
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    On July 21, 2020, Commerce tolled all preliminary and final results 
deadlines in administrative reviews by 60 days.\3\
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    \3\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
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    Pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as 
amended (the Act), on March 10, 2021, Commerce determined that it was 
not practicable to complete the preliminary results of this review 
within 245 days and extended the deadline for the preliminary results 
of this review by 120 days, until July 30, 2021.\4\
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    \4\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of 2018-2020 Antidumping Duty Administrative Review,'' dated 
March 10, 2021.
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    For a detailed description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\5\
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    \5\ See Memorandum, ``Large Diameter Welded Pipe from the 
Republic of Korea: Decision Memorandum for the Preliminary Results 
of Antidumping Duty Administrative Review; 2018-2020,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
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Scope of the Order

    The product covered by this Order is welded pipe from Korea. For a 
full description of the scope, see the Preliminary Decision Memorandum.

Methodology

    Commerce is conducting this review in accordance with section 
751(a) of the Act. For a full description of the methodology underlying 
these preliminary results, see the Preliminary Decision Memorandum. A 
list of topics included in the Preliminary Decision Memorandum is 
included as an appendix to this notice.
    The Preliminary Decision Memorandum is a public document and is 
available via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at http://access.trade.gov. In 
addition, a complete version of the Preliminary Decision Memorandum is 
available at http://enforcement.trade.gov/frn/.

Rate for Non-Selected Companies

    The statute and Commerce's regulations do not address the 
establishment of a weighted-average dumping margin to be determined for 
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 an investigation, for guidance when determining the weighted-
average dumping margin 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 and de minimis margins, and any 
margins determined entirely {on the basis of facts available{time} .''
    In this review, we have preliminarily calculated a weighted-average 
dumping margin for each of the mandatory respondents, Hyundai RB Co., 
Ltd. (Hyundai RB) and Hyundai Steel Company (Hyundai Steel), that is 
zero percent. Where the rates for the individually examined companies 
are all zero, de minimis, or determined entirely using facts available, 
section 735(c)(5)(B) of the Act instructs that Commerce ``may use any 
reasonable method to establish the estimated all-others rate for 
exporters and producers not individually investigated, including 
averaging the estimated weighted average dumping margins determined for 
the exporters and producers individually investigated.'' One such 
reasonable method is to weight average the zero and de minimis rates, 
and the rates determined entirely pursuant to facts available. In fact, 
the SAA states that this is the ``expected'' method in such 
circumstances.\6\ Accordingly, we have determined the weighted-average 
dumping margin for the eighteen companies that were not selected for 
individual examination based on the weighted average of the weighted-
average dumping margins calculated for Hyundai RB and Hyundai Steel, 
i.e., zero percent, consistent with section 735(c)(5)(B) of the Act. 
These are the only rates determined in this review for individually 
examined companies, and, thus, are applied to the eighteen firms not 
selected for individual examination.
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    \6\ See Statement of Administrative Action Accompanying the 
Uruguay Round Agreements Act, H.R. Doc. 103-316, vol. 1 (1994) (SAA) 
at 873.
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Preliminary Results of the Review

    We preliminarily determine that the following weighted-average 
dumping margins exist for the period of August 27, 2018, through April 
30, 2020:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                  Exporter and/or producer                      dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Hyundai RB Co., Ltd.........................................        0.00
Hyundai Steel Company.......................................        0.00
Non-Examined Companies \7\..................................        0.00
------------------------------------------------------------------------

Disclosure and Public Comment
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    \7\ See Appendix II.
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    We intend to disclose the calculations performed for these 
preliminary results to parties within five days after the date of 
public announcement of the preliminary results.\8\
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    \8\ See 19 CFR 351.224(b).
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    Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs no later than 30 days after the date of publication of this 
notice.\9\ Rebuttal briefs, limited to issues raised in the case 
briefs, may be filed not later than seven days after the date for 
filing case briefs.\10\ Parties who submit case briefs or rebuttal 
briefs in this proceeding are encouraged to submit with each argument: 
(1) A statement of the issue; (2) a brief summary of the argument; and 
(3) a table of authorities.\11\ Executive summaries should be limited 
to five pages total, including footnotes.
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    \9\ See 19 CFR 351.309(c)(1)(ii).
    \10\ See 19 CFR 351.309(d)(1) and (2); see also Temporary Rule 
Modifying AD/CVD Service Requirements Due to COVID-19, 85 FR 17006 
(March 26, 2020); and Temporary Rule Modifying AD/CVD Service 
Requirements Due to COVID-19; Extension of Effective Period, 85 FR 
41363 (July 10, 2020).
    \11\ See 19 CFR 351.309(c)(2) and (d)(2).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS. Requests should contain: (1) The party's name, address, and 
telephone number; (2) the number of participants; and (3) a list of 
issues to be discussed. Issues raised in the hearing will be limited to 
those raised in the respective case and rebuttal briefs. If a request 
for a hearing is made, Commerce intends to hold the hearing at a date 
and time to be determined. Parties should confirm by telephone the 
date, time, and location of the hearing two days before the scheduled 
date.
    All submissions to Commerce must be filed using ACCESS \12\ and 
must be served on interested parties.\13\ An electronically filed 
document must be received successfully in its entirety by Commerce's 
electronic records system, ACCESS, by 5:00 p.m. Eastern Time on the 
date that the document is due. Note

[[Page 41012]]

that Commerce has temporarily modified certain of its requirements for 
serving documents containing business proprietary information, until 
further notice.\14\
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    \12\ See 19 CFR 351.303.
    \13\ See 19 CFR 351.303(f).
    \14\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
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Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 
351.212(b)(1), Commerce will determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries of subject merchandise in accordance with the final results of 
this review. Commerce intends to issue assessment instructions to CBP 
no earlier than 35 days after the date of publication of the final 
results of this administrative review in the Federal Register. If a 
timely summons is filed at the U.S. Court of International Trade, the 
assessment instructions will direct CBP not to liquidate relevant 
entries until the time for parties to file a request for a statutory 
injunction has expired (i.e., within 90 days of publication).
    For an individually examined respondent whose weighted-average 
dumping margin is not de minimis (i.e., less than 0.50 percent), upon 
completion of the final results, Commerce intends to calculate 
importer-specific assessment rates on the basis of the ratio of the 
total amount of dumping calculated for each importer's examined sales 
to the total entered value of those sales. Where we do not have entered 
values for all U.S. sales to a particular importer, we will calculate 
an importer-specific, per-unit assessment rate on the basis of the 
ratio of the total amount of dumping calculated for the importer's 
examined sales to the total quantity of those sales.\15\ To determine 
whether an importer-specific, per-unit assessment rate is de minimis, 
in accordance with 19 CFR 351.106(c)(2), we also will calculate an 
importer-specific ad valorem ratio based on estimated entered values. 
Where either a respondent's weighted-average dumping margin is zero or 
de minimis, or an importer-specific ad valorem assessment rate is zero 
or de minimis, we will instruct CBP to liquidate appropriate entries 
without regard to antidumping duties.\16\ For entries of subject 
merchandise during the POR produced by each individually examined 
respondent for which it did not know its merchandise was destined for 
the United States, we will instruct CBP to liquidate such entries at 
the all-others rate if there is no rate for the intermediate 
company(ies) involved in the transaction.\17\
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    \15\ See 19 CFR 351.212(b)(1).
    \16\ See 19 CFR 352.106(c)(2); see also Antidumping Proceeding: 
Calculation of the Weighted-Average Dumping Margin and Assessment 
Rate in Certain Antidumping Proceedings; Final Modification, 77 FR 
8101, 8103 (February 14, 2012).
    \17\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    For the companies which were not selected for individual 
examination, we intend to direct CBP to assess antidumping duties at a 
rate equal to their weighted-average dumping margin determined in the 
final results.
    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 cash deposits of 
estimated duties, where applicable.\18\
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    \18\ See section 751(a)(2)(C) of the Act.
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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 the companies 
listed above will be equal to the weighted-average dumping margin 
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 reviewed or investigated companies not covered in 
this review, the cash deposit rate will continue to be the company-
specific rate published for the most recently-completed segment of this 
proceeding in which the company was reviewed; (3) if the exporter is 
not a firm covered in this review, a prior completed review, or the 
less-than-fair value (LTFV) investigation, but the producer is, then 
the cash deposit rate will be the company-specific rate established for 
the most recently-completed segment of this proceeding for the producer 
of subject merchandise; and (4) the cash deposit rate for all other 
producers and exporters will continue to be 7.08 percent, the all-
others rate established in the LTFV investigation.\19\
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    \19\ See Order.
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    These cash deposit requirements, when imposed, shall remain in 
effect until further notice.

Final Results of Review

    Unless otherwise extended, Commerce intends to issue the final 
results of this administrative review, including the results of our 
analysis of issues raised by the parties in the written comments, 
within 120 days of publication of these preliminary results in the 
Federal Register, pursuant to section 751(a)(3)(A) of the Act and 19 
CFR 351.213(h)(1).

Notification to Importers

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

Notification to Interested Parties

    These preliminary results are issued and published in accordance 
with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
351.221(b)(4).

    Dated: July 26, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation

Appendix II

Review-Specific Average Rate Applicable to Companies Not Selected for 
Individual Review

1. AJU Besteel Co., Ltd.
2. Chang Won Bending Co., Ltd.
3. Daiduck Piping Co., Ltd.
4. Dong Yang Steel Pipe Co., Ltd.
5. Dongbu Incheon Steel Co., Ltd.
6. EEW KHPC Co., Ltd.
7. EEW Korea Co., Ltd.
8. Histeel Co., Ltd.
9. Husteel Co., Ltd.
10. Kiduck Industries Co., Ltd.
11. Kum Kang Kind. Co., Ltd.
12. Kumsoo Connecting Co., Ltd.
13. Nexteel Co., Ltd.
14. SeAH Steel Corporation
15. Seonghwa Industrial Co., Ltd.
16. SIN-E B&P Co., Ltd.
17. Steel Flower Co., Ltd.

[[Page 41013]]

18. WELTECH Co., Ltd.

[FR Doc. 2021-16325 Filed 7-29-21; 8:45 am]
BILLING CODE 3510-DS-P