Circular Welded Non-Alloy Steel Pipe From the Republic of Korea: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2018-2019, 53631-53633 [2021-21044]
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Federal Register / Vol. 86, No. 185 / Tuesday, September 28, 2021 / Notices
Trade, the assessment instructions will
direct CBP not to liquidate relevant
entries until the time for parties to file
a request for a statutory injunction has
expired (i.e., within 90 days of
publication).
Because the weighted-average
dumping margin for Both-Well and the
respondents that were not selected for
individual examination in this
administrative review but qualified for a
separate rate is zero, Commerce will
instruct CBP to liquidate the appropriate
entries without regard to antidumping
duties.17 For the companies listed in
Appendix II, identified as part of the
China-wide entity, we will instruct CBP
to apply an antidumping duty
assessment rate of 142.72 percent (the
rate applicable to the China-wide entity)
to all entries of subject merchandise
during the POR exported by those
companies.
For entries that were not reported in
the U.S. sales data submitted by BothWell during this review, Commerce will
instruct CBP to liquidate such entries at
the rate for the China-wide entity.18
Additionally, if Commerce determines
that an exporter under review had no
shipments of the subject merchandise,
any suspended entries that entered
under that exporter’s case number (i.e.,
at that exporter’s cash deposit rate) will
be liquidated at the rate for the Chinawide entity (i.e., 142.72 percent).
We intend to instruct CBP to take into
account the ‘‘provisional measures
deposit cap’’ in accordance with 19 CFR
351.212(d).
Chinese exporters of subject
merchandise that have not been found
to be entitled to a separate rate, the cash
deposit rate will be the rate for the
China-wide entity (i.e., 142.72 percent);
and (4) for all non-Chinese exporters of
subject merchandise which have not
received their own separate rate, the
cash deposit rate will be the rate
applicable to the Chinese exporter that
supplied that non-Chinese exporter.
These cash deposit requirements,
when imposed, shall remain in effect
until further notice.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for shipments of
the subject merchandise from China
entered, or withdrawn from warehouse,
for consumption on or after the
publication date, as provided by section
751(a)(2)(C) of the Act: (1) For each
company listed in the final results of
this review, the cash deposit rate will be
equal to the weighted-average dumping
margin listed for the exporter in the
table; (2) for a previously examined
Chinese and non-Chinese exporter not
listed above that received a separate rate
in a prior completed segment of this
proceeding, the cash deposit rate will
continue to be the existing exporterspecific cash deposit rate; (3) for all
Notification Regarding Administrative
Protective Order (APO)
17 See Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8103
(February 14, 2012).
18 See Assessment Practice Refinement, 76 FR at
65694–95, for a full discussion of this practice.
VerDate Sep<11>2014
16:35 Sep 27, 2021
Jkt 253001
Disclosure
Notification to Importers Regarding the
Reimbursement of Duties
This notice also 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 has occurred and
the subsequent assessment of double
antidumping duties.
This notice also serves as a reminder
to parties subject to APO of their
responsibility concerning the return or
destruction 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 terms of an APO is a
violation subject to sanction.
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 and 19
CFR 351.221(b)(5).
Frm 00004
Dated: September 21, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix I
Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Surrogate Country Selection
Comment 2: Ministerial Errors
Comment 3: Financial Ratios
VI. Recommendation
Appendix II
We intend to disclose the calculations
performed to parties in this proceeding
within five days of the date of
publication of this notice in accordance
with 19 CFR 351.224(b).
PO 00000
53631
Fmt 4703
Sfmt 4703
Companies Not Eligible for Separate Rate
and Treated as Part of China-Wide Entity
1. Cixi Baicheng Hardware Tools, Ltd.
2. Eaton Hydraulics (Luzhou) Co., Ltd.
3. Eaton Hydraulics (Ningbo) Co., Ltd.
4. Jiangsu Haida Pipe Fittings Group Co.
5. Jinan Mech Piping Technology Co., Ltd.
6. Jining Dingguan Precision Parts
Manufacturing Co., Ltd.
7. Luzhou City Chengrun Mechanics Co., Ltd.
8. Ningbo HongTe Industrial Co., Ltd.
9. Ningbo Zhongan Forging Co., Ltd.
10. Shanghai Lon Au Stainless Steel
Materials Co., Ltd.
11. Witness International Co., Ltd.
12. Yancheng Boyue Tube Co., Ltd.
13. Yancheng Haohui Pipe Fittings Co., Ltd.
14. Yancheng Jiuwei Pipe Fittings Co., Ltd.
15. Yancheng Manda Pipe Industry Co., Ltd.
[FR Doc. 2021–21045 Filed 9–27–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–809]
Circular Welded Non-Alloy Steel Pipe
From the Republic of Korea: Final
Results of Antidumping Duty
Administrative Review and Final
Determination of No Shipments; 2018–
2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that the
producers/exporters subject to this
administrative review did not make
sales of circular welded non-alloy steel
pipe (CWP) from the Republic of Korea
(Korea) at less than normal value during
the period of review (POR), November 1,
2018, through October 31, 2019.
DATES: Applicable September 28, 2021.
FOR FURTHER INFORMATION CONTACT:
Dusten Hom, AD/CVD Operations,
Office I, Enforcement and Compliance,
International Trade Administration,
AGENCY:
E:\FR\FM\28SEN1.SGM
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53632
Federal Register / Vol. 86, No. 185 / Tuesday, September 28, 2021 / Notices
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington
DC 20230; telephone: (202) 482–5075.
SUPPLEMENTARY INFORMATION:
Background
On March 25, 2021, Commerce
published the Preliminary Results of
this administrative review.1 The review
covers 24 producers and/or exporters of
subject merchandise. We invited
interested parties to comment on the
Preliminary Results. On June 25, 2021,
Commerce extended the deadline for
issuing these final results until
September 21, 2021.2 A summary of the
events that occurred since Commerce
published the Preliminary Results, as
well as a full discussion of the issues
raised by parties for these final results,
are discussed in the Issues and Decision
Memorandum.3 Commerce conducted
this review in accordance with section
751(a) of the Tariff Act of 1930, as
amended (the Act).
Scope of the Order
The merchandise subject to the order
is circular welded non-alloy steel pipe
and tube. Imports of the product are
currently classifiable in the Harmonized
Tariff Schedule of the United States
(HTSUS) under subheadings
7306.30.1000, 7306.30.5025,
7306.30.5032, 7306.30.5040,
7306.30.5055, 7306.30.5085, and
7306.30.5090. While the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description is dispositive. For a
complete description of the scope of the
order, see the Issues and Decision
Memorandum.4
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs filed by parties in this
review are listed in Appendix I to this
notice and addressed in the Issues and
Decision Memorandum. The Issues and
Decision Memorandum is a public
1 See Circular Welded Non-Alloy Steel Pipe from
the Republic of Korea: Preliminary Results of
Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2018–
2019, 86 FR 15912 (March 25, 2021) (Preliminary
Results) and accompanying Preliminary Decision
Memorandum (PDM).
2 See Memorandum, ‘‘Circular Welded Non-Alloy
Steel Pipe from the Republic of Korea: Extension of
Deadline for Final Results of Antidumping Duty
Administrative Review; 2018–2019,’’ dated June 25,
2021.
3 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the 2017–
2018 Administrative Review of the Antidumping
Duty Order on Circular Welded Non-Alloy Steel
Pipe from the Republic of Korea,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
4 Id.
VerDate Sep<11>2014
16:35 Sep 27, 2021
Jkt 253001
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 at htttp://
enforcement.trade.gov/frn/.
Changes Since the Preliminary Results
Based on a review of the record and
comments received from interested
parties regarding our Preliminary
Results, and for the reasons explained in
the Issues and Decision Memorandum,
we made certain changes for these final
results of review.
Final Determination of No Shipments
In the Preliminary Results, Commerce
determined that HiSteel had no
shipments of subject merchandise
during the POR. No party commented
on this issue and because we have not
received any information to contradict
our preliminary finding, we continue to
find that HiSteel did not have any
shipments of subject merchandise
during the POR and intend to issue
appropriate instructions to U.S.
Customs and Border Protection (CBP)
based on the final results of this review.
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 individual
examination when Commerce limits its
examination in an administrative review
pursuant to section 777A(c)(2) of the
Act. Generally, Commerce looks to
section 735(c)(5) of the Act, which
provides instructions for calculating the
all-others rate in a market economy
investigation, for guidance when
calculating the rate for companies
which were not selected for individual
examination in an administrative
review. Under section 735(c)(5)(A) of
the Act, the all-others rate is normally
‘‘an amount equal to the weighted
average of the estimated weightedaverage dumping margins established
for exporters and producers
individually investigated, excluding any
zero or de minimis margins, and any
margins determined entirely {on the
basis of facts available}.’’ Section
735(c)(5)(B) of the Act also provides
that, where all rates for individually
examined companies are zero, de
minimis, or based entirely on facts
available, Commerce may use ‘‘any
reasonable method’’ for assigning the
rate to all other respondents. The SAA
states that one such reasonable method
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
is to weight-average the rates that are
zero, de minimis, and based entirely on
facts available.5
In this review, we calculated
weighted-average dumping margins for
Husteel Co., Ltd. (Husteel) and Hyundai
Steel Company (Hyundai Steel) that are
zero percent, and we have assigned this
zero percent rate to the 21 firms not
selected for individual review under
section 735(c)(5)(B) of the Act.6
Final Results of Review
We determine that the following
weighted-average dumping margins
exists for the period November 1, 2018
through October 31, 2019:
Producer/exporter
Husteel Co., Ltd ..........................
Hyundai Steel Company 7 ..........
Weightedaverage
dumping
margin
(percent)
0.00
0.00
Review-Specific Average Rate Applicable
to the Following Companies
Other Respondents 8 ..................
0.00
Disclosure
We intend to disclose the calculations
performed in connection with these
final results to parties in this proceeding
within five days of the date of
publication of this notice, in accordance
with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the
Act and 19 CFR 351.212(b), Commerce
shall determine, and CBP shall assess,
antidumping duties on all appropriate
entries of subject merchandise in
accordance with the final results of this
review. Because all respondents
weighted-average dumping margins are
zero or de minimis within the meaning
of 19 CFR 351.106(c)(1), we will instruct
CBP to liquidate the appropriate entries
without regard to antidumping duties.
For entries of subject merchandise
during the POR produced by Husteel or
Hyundai Steel for which they did not
know that the merchandise was
destined to the United States and for all
entries attributed to HiSteel, for which
we found no shipments during the POR,
we will instruct CBP to liquidate those
5 See Statement of Administrative Action
Accompanying the Uruguay Round Agreements
Act, H.R. Doc. 103–316, vol. 1 (1994) (SAA) at 873.
6 See Albemarle Corp. v. United States, 821 F.3d
1345 (Fed. Cir. 2016).
7 This company is also known as Hyundai Steel
Corporation; Hyundai Steel; and Hyundai Steel
(Pipe Division).
8 See Appendix II for a full list of these
companies.
E:\FR\FM\28SEN1.SGM
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Federal Register / Vol. 86, No. 185 / Tuesday, September 28, 2021 / Notices
entries at the all-others rate if there is no
rate for the intermediate company(ies)
involved in the transaction.9
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 in the
Federal Register, as provided for by
section 751(a)(2) of the Act: (1) The cash
deposit rate for companies subject to
this review will be the rates established
in these final results of the review; (2)
for merchandise exported by producers
or exporters not covered in this review
but covered in a prior segment of the
proceeding, the cash deposit rate will
continue to be the company-specific rate
published for the most recent period; (3)
if the exporter is not a firm covered in
this review, a prior review, or the
original investigation but the producer
is, then the cash deposit rate will be the
rate established for the most recent
period for the producer of the
merchandise; (4) the cash deposit rate
for all other producers or exporters will
continue to be 4.80 percent,10 the allothers rate established in the
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
9 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
10 See Notice of Antidumping Duty Orders:
Certain Circular Welded Non-Alloy Steel Pipe from
Brazil, the Republic of Korea (Korea), Mexico, and
Venezuela, and Amendment to Final Determination
of Sales at Less Than Fair Value: Certain Circular
Welded Non-Alloy Steel Pipe from Korea, 57 FR
49453 (November 2, 1992).
VerDate Sep<11>2014
16:35 Sep 27, 2021
Jkt 253001
has occurred and the subsequent
assessment of double antidumping
duties.
Notification Regarding Administrative
Protective Order
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the return or
destruction 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
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(5).
Dated: September 21, 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. No Shipments
VI. Discussion of the Issues
Comment 1: Existence of Particular Market
Situation (PMS)
Comment 2: Hyundai Steel’s R&D Expenses
Comment 3: Husteel’s CEP Offset
VII. Recommendation
Appendix II
List of Companies Not Individually
Examined
1. Aju Besteel
2. Bookook Steel
3. Chang Won Bending
4. Dae Ryung
5. Daewoo Shipbuilding & Marine
Engineering (Dsme)
6. Daiduck Piping
7. Dong Yang Steel Pipe
8. Dongbu Steel 11
9. Eew Korea Company
10. Hyundai Rb
11. Kiduck Industries
12. Kum Kang Kind
13. Kumsoo Connecting
14. Miju Steel Mfg.12
11 This company is also known as Dongbu Steel
Co., Ltd.
12 This company is also known as Miju Steel
Manufacturing.
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
53633
15. Nexteel Co., Ltd.13
16. Samkang M&T
17. Seah Fs
18. Seah Steel 14
19. Steel Flower
20. Vesta Co., Ltd.
21. Ycp Co.
[FR Doc. 2021–21044 Filed 9–27–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Renewable Energy and Energy
Efficiency Advisory Committee
International Trade
Administration, Department of
Commerce.
ACTION: Notice of an open meeting.
AGENCY:
The Renewable Energy and
Energy Efficiency Advisory Committee
(REEEAC or the Committee) will hold a
virtual meeting via WebEx on Thursday
October 14, 2021, hosted by the U.S.
Department of Commerce. The meeting
is open to the public with registration
instructions provided below.
DATES: October 14, 2021, from 1:00 p.m.
to 4:00 p.m. Eastern Daylight Time EDT.
Members of the public wishing to
participate must register in advance
with the REEEAC Designated Federal
Officer (DFO) Cora Dickson at the
contact information below by 5:00 p.m.
EDT on Friday, October 8, 2021, in
order to pre-register, including any
requests to make comments during the
meeting or for accommodations or
auxiliary aids.
ADDRESSES: To register, please contact
Cora Dickson, REEEAC DFO, Office of
Energy and Environmental Industries
(OEEI), Industry and Analysis,
International Trade Administration,
U.S. Department of Commerce at (202)
482–6083; email: Cora.Dickson@
trade.gov. Registered participants will
be emailed the login information for the
meeting, which will be conducted via
WebEx.
FOR FURTHER INFORMATION CONTACT: Cora
Dickson, REEEAC DFO, Office of Energy
and Environmental Industries (OEEI),
Industry and Analysis, International
Trade Administration, U.S. Department
of Commerce at (202) 482–6083; email:
Cora.Dickson@trade.gov.
SUPPLEMENTARY INFORMATION:
Background: The Secretary of
Commerce established the REEEAC
pursuant to discretionary authority and
in accordance with the Federal
SUMMARY:
13 This
company is also known as Nexteel.
company is also known as Seah Steel
Corporation.
14 This
E:\FR\FM\28SEN1.SGM
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]]>Agencies
[Federal Register Volume 86, Number 185 (Tuesday, September 28, 2021)]
[Notices]
[Pages 53631-53633]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21044]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-809]
Circular Welded Non-Alloy Steel Pipe From the Republic of Korea:
Final Results of Antidumping Duty Administrative Review and Final
Determination of No Shipments; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that the
producers/exporters subject to this administrative review did not make
sales of circular welded non-alloy steel pipe (CWP) from the Republic
of Korea (Korea) at less than normal value during the period of review
(POR), November 1, 2018, through October 31, 2019.
DATES: Applicable September 28, 2021.
FOR FURTHER INFORMATION CONTACT: Dusten Hom, AD/CVD Operations, Office
I, Enforcement and Compliance, International Trade Administration,
[[Page 53632]]
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington DC
20230; telephone: (202) 482-5075.
SUPPLEMENTARY INFORMATION:
Background
On March 25, 2021, Commerce published the Preliminary Results of
this administrative review.\1\ The review covers 24 producers and/or
exporters of subject merchandise. We invited interested parties to
comment on the Preliminary Results. On June 25, 2021, Commerce extended
the deadline for issuing these final results until September 21,
2021.\2\ A summary of the events that occurred since Commerce published
the Preliminary Results, as well as a full discussion of the issues
raised by parties for these final results, are discussed in the Issues
and Decision Memorandum.\3\ Commerce conducted this review in
accordance with section 751(a) of the Tariff Act of 1930, as amended
(the Act).
---------------------------------------------------------------------------
\1\ See Circular Welded Non-Alloy Steel Pipe from the Republic
of Korea: Preliminary Results of Antidumping Duty Administrative
Review and Preliminary Determination of No Shipments; 2018-2019, 86
FR 15912 (March 25, 2021) (Preliminary Results) and accompanying
Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Circular Welded Non-Alloy Steel Pipe from
the Republic of Korea: Extension of Deadline for Final Results of
Antidumping Duty Administrative Review; 2018-2019,'' dated June 25,
2021.
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2017-2018 Administrative Review of the
Antidumping Duty Order on Circular Welded Non-Alloy Steel Pipe from
the Republic of Korea,'' dated concurrently with, and hereby adopted
by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The merchandise subject to the order is circular welded non-alloy
steel pipe and tube. Imports of the product are currently classifiable
in the Harmonized Tariff Schedule of the United States (HTSUS) under
subheadings 7306.30.1000, 7306.30.5025, 7306.30.5032, 7306.30.5040,
7306.30.5055, 7306.30.5085, and 7306.30.5090. While the HTSUS
subheadings are provided for convenience and customs purposes, the
written description is dispositive. For a complete description of the
scope of the order, see the Issues and Decision Memorandum.\4\
---------------------------------------------------------------------------
\4\ Id.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs filed by parties
in this review are listed in Appendix I to this notice and addressed in
the Issues and Decision Memorandum. The Issues and Decision Memorandum
is a public document and is on file electronically via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS). ACCESS is available to registered users at
https://access.trade.gov. In addition, a complete version of the Issues
and Decision Memorandum can be accessed at htttp://
enforcement.trade.gov/frn/.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, and for the
reasons explained in the Issues and Decision Memorandum, we made
certain changes for these final results of review.
Final Determination of No Shipments
In the Preliminary Results, Commerce determined that HiSteel had no
shipments of subject merchandise during the POR. No party commented on
this issue and because we have not received any information to
contradict our preliminary finding, we continue to find that HiSteel
did not have any shipments of subject merchandise during the POR and
intend to issue appropriate instructions to U.S. Customs and Border
Protection (CBP) based on the final results of this review.
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
individual examination when Commerce limits its examination in an
administrative review pursuant to section 777A(c)(2) of the Act.
Generally, Commerce looks to section 735(c)(5) of the Act, which
provides instructions for calculating the all-others rate in a market
economy investigation, for guidance when calculating the rate for
companies which were not selected for individual examination in an
administrative review. Under section 735(c)(5)(A) of the Act, the all-
others rate is normally ``an amount equal to the weighted average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated, excluding any zero
or de minimis margins, and any margins determined entirely {on the
basis of facts available{time} .'' Section 735(c)(5)(B) of the Act also
provides that, where all rates for individually examined companies are
zero, de minimis, or based entirely on facts available, Commerce may
use ``any reasonable method'' for assigning the rate to all other
respondents. The SAA states that one such reasonable method is to
weight-average the rates that are zero, de minimis, and based entirely
on facts available.\5\
---------------------------------------------------------------------------
\5\ See Statement of Administrative Action Accompanying the
Uruguay Round Agreements Act, H.R. Doc. 103-316, vol. 1 (1994) (SAA)
at 873.
---------------------------------------------------------------------------
In this review, we calculated weighted-average dumping margins for
Husteel Co., Ltd. (Husteel) and Hyundai Steel Company (Hyundai Steel)
that are zero percent, and we have assigned this zero percent rate to
the 21 firms not selected for individual review under section
735(c)(5)(B) of the Act.\6\
---------------------------------------------------------------------------
\6\ See Albemarle Corp. v. United States, 821 F.3d 1345 (Fed.
Cir. 2016).
---------------------------------------------------------------------------
Final Results of Review
We determine that the following weighted-average dumping margins
exists for the period November 1, 2018 through October 31, 2019:
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
Husteel Co., Ltd............................................ 0.00
Hyundai Steel Company \7\................................... 0.00
------------------------------------------------------------------------
Review-Specific Average Rate Applicable to the Following Companies
------------------------------------------------------------------------
Other Respondents \8\....................................... 0.00
------------------------------------------------------------------------
Disclosure
---------------------------------------------------------------------------
\7\ This company is also known as Hyundai Steel Corporation;
Hyundai Steel; and Hyundai Steel (Pipe Division).
\8\ See Appendix II for a full list of these companies.
---------------------------------------------------------------------------
We intend to disclose the calculations performed in connection with
these final results to parties in this proceeding within five days of
the date of publication of this notice, in accordance with 19 CFR
351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
Commerce shall determine, and CBP shall assess, antidumping duties on
all appropriate entries of subject merchandise in accordance with the
final results of this review. Because all respondents weighted-average
dumping margins are zero or de minimis within the meaning of 19 CFR
351.106(c)(1), we will instruct CBP to liquidate the appropriate
entries without regard to antidumping duties.
For entries of subject merchandise during the POR produced by
Husteel or Hyundai Steel for which they did not know that the
merchandise was destined to the United States and for all entries
attributed to HiSteel, for which we found no shipments during the POR,
we will instruct CBP to liquidate those
[[Page 53633]]
entries at the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction.\9\
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\9\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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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 in the Federal Register, as provided for
by section 751(a)(2) of the Act: (1) The cash deposit rate for
companies subject to this review will be the rates established in these
final results of the review; (2) for merchandise exported by producers
or exporters not covered in this review but covered in a prior segment
of the proceeding, the cash deposit rate will continue to be the
company-specific rate published for the most recent period; (3) if the
exporter is not a firm covered in this review, a prior review, or the
original investigation but the producer is, then the cash deposit rate
will be the rate established for the most recent period for the
producer of the merchandise; (4) the cash deposit rate for all other
producers or exporters will continue to be 4.80 percent,\10\ the all-
others rate established in the investigation. These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\10\ See Notice of Antidumping Duty Orders: Certain Circular
Welded Non-Alloy Steel Pipe from Brazil, the Republic of Korea
(Korea), Mexico, and Venezuela, and Amendment to Final Determination
of Sales at Less Than Fair Value: Certain Circular Welded Non-Alloy
Steel Pipe from Korea, 57 FR 49453 (November 2, 1992).
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Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties has occurred and the subsequent assessment of
double antidumping duties.
Notification Regarding Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction 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
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5).
Dated: September 21, 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. No Shipments
VI. Discussion of the Issues
Comment 1: Existence of Particular Market Situation (PMS)
Comment 2: Hyundai Steel's R&D Expenses
Comment 3: Husteel's CEP Offset
VII. Recommendation
Appendix II
List of Companies Not Individually Examined
1. Aju Besteel
2. Bookook Steel
3. Chang Won Bending
4. Dae Ryung
5. Daewoo Shipbuilding & Marine Engineering (Dsme)
6. Daiduck Piping
7. Dong Yang Steel Pipe
8. Dongbu Steel \11\
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\11\ This company is also known as Dongbu Steel Co., Ltd.
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9. Eew Korea Company
10. Hyundai Rb
11. Kiduck Industries
12. Kum Kang Kind
13. Kumsoo Connecting
14. Miju Steel Mfg.\12\
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\12\ This company is also known as Miju Steel Manufacturing.
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15. Nexteel Co., Ltd.\13\
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\13\ This company is also known as Nexteel.
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16. Samkang M&T
17. Seah Fs
18. Seah Steel \14\
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\14\ This company is also known as Seah Steel Corporation.
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19. Steel Flower
20. Vesta Co., Ltd.
21. Ycp Co.
[FR Doc. 2021-21044 Filed 9-27-21; 8:45 am]
BILLING CODE 3510-DS-P
