Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2019-2020, 55582-55584 [2021-21852]
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55582
Federal Register / Vol. 86, No. 191 / Wednesday, October 6, 2021 / Notices
receive substantive responses from any
respondent interested party with respect
to any of the Orders covered by these
sunset reviews. 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 Orders.
Scope of the Orders
The merchandise covered by the
Orders is CORE from India, Italy, China,
Korea, and Taiwan. For a complete
description of the scope of the Orders,
see the Issues and Decision
Memorandum.7
Analysis of Comments Received
A complete discussion of all issues
raised in these sunset reviews is
provided in the Issues and Decision
Memorandum. A list of the topics
discussed in the Issues and Decision
Memorandum is attached 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 https://
access.trade.gov. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn.
Final Results of Sunset Reviews
Pursuant to sections 751(c)(1) and
752(c)(1) and (3) of the Act, Commerce
determines that revocation of the Orders
would be likely to lead to continuation
or recurrence of dumping, and that the
magnitude of the dumping margins
likely to prevail would be weightedaverage margins of up to:
Weighted
average
dumping
margin
(percent)
Country
India ............................................
Italy .............................................
China ..........................................
Korea ..........................................
Taiwan ........................................
209.97
8.75
10.34
jspears on DSK121TN23PROD with NOTICES1
This notice also serves as the only
reminder to parties subject to
7 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the Expedited
Sunset Reviews of the Antidumping Duty Orders on
Corrosion-Resistant Steel Products from India, Italy,
the People’s Republic of China, the Republic of
Korea, and Taiwan,’’ dated concurrently with this
notice.
21:09 Oct 05, 2021
Notification to Interested Parties
We are issuing and publishing these
final results and notice in accordance
with sections 751(c), 752(c), and
777(i)(1) of the Act, and 19 CFR 351.218
and 19 CFR 351.221(c)(5)(ii).
Dated: September 28, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Preliminary
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. 2021–21821 Filed 10–5–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Jkt 256001
FOR FURTHER INFORMATION CONTACT:
Alice Maldonado or Jacob Garten, AD/
CVD Operations, Office II, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–4682 or (202) 482–3342,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 30, 2020, based on timely
requests for review, in accordance with
19 CFR 351.221(c)(1)(i), we initiated an
administrative review on heavy walled
rectangular welded carbon steel pipes
and tubes from Korea.1 This review
covers two producers and exporters of
the subject merchandise.2 Commerce
selected Dong-A Steel Company
(DOSCO) and HiSteel Co., Ltd, (HiSteel)
for individual examination.
On May 7, 2021, Commerce extended
the preliminary results of this review by
120 days, until September 30, 2021.3
For a complete description of the events
that followed the initiation of this
review, see the Preliminary Decision
Memorandum.4
Scope of the Order
The products covered by the order are
certain heavy walled rectangular welded
steel pipes and tubes from the Republic
of Korea (Korea). Products subject to the
order are currently classified under the
Harmonized Tariff Schedule of the
United States (HTSUS) item number
7306.61.1000. Subject merchandise may
also be classified under 7306.61.3000.
Although the HTSUS numbers and
ASTM specification are provided for
convenience and for customs purposes,
the written product description remains
dispositive.5
[A–580–880]
Heavy Walled Rectangular Welded
Carbon Steel Pipes and Tubes From
the Republic of Korea: Preliminary
4.43 Results of Antidumping Duty
92.12 Administrative Review; 2019–2020
Notification Regarding Administrative
Protective Orders
VerDate Sep<11>2014
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.
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.
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that the producers/exporters subject to
this administrative review made sales of
subject merchandise at less than normal
value (NV) during the period of review
(POR) September 1, 2019, through
August 31, 2020. Interested parties are
invited to comment on these
preliminary results.
DATES: Applicable October 6, 2021.
AGENCY:
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Fmt 4703
Sfmt 4703
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 85 FR
68840 (October 30, 2020).
2 We received a timely submission withdrawing
all review requests for 27 companies; we rescinded
the review with respect to these companies. See
Heavy Walled Rectangular Welded Carbon Steel
Pipes and Tubes from the Republic of Korea:
Rescission of Antidumping Duty Administrative
Review; 2019–2020, in Part, 86 FR 14075 (March 12,
2021).
3 See Memorandum, ‘‘Heavy Walled Rectangular
Welded Carbon Steel Pipes and Tubes from the
Republic of Korea: Extension of Deadline for
Preliminary Results of the 4th Antidumping Duty
Administrative Review,’’ dated May 7, 2021.
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the 2019–2020
Administrative Review of the Antidumping Duty
Order on Heavy Walled Rectangular Welded Carbon
Steel Pipes and Tubes from the Republic of Korea,’’
dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
5 For a complete description of the scope of the
order, see Preliminary Decision Memorandum.
E:\FR\FM\06OCN1.SGM
06OCN1
Federal Register / Vol. 86, No. 191 / Wednesday, October 6, 2021 / Notices
for filing case briefs.8 Parties who
submit case briefs or rebuttal briefs in
Commerce is conducting this review
this proceeding are encouraged to
in accordance with section 751(a)(1)(B)
submit with each argument: (1) A
and (2) of the Tariff Act of 1930, as
statement of the issue; (2) a brief
amended (the Act). Export price and
summary of the argument; and (3) a
constructed export price are calculated
table of authorities.9 Case and rebuttal
in accordance with section 772 of the
briefs should be filed using ACCESS.10
Act. NV is calculated in accordance
Pursuant to 19 CFR 351.310(c),
with section 773 of the Act.
interested parties who wish to request a
hearing must submit a written request to
For a full description of the
the Assistant Secretary for Enforcement
methodology underlying our
and Compliance, U.S. Department of
conclusions, see the Preliminary
Commerce, filed electronically via
Decision Memorandum. A list of the
ACCESS within 30 days after the date of
topics discussed in the Preliminary
Decision Memorandum is attached as an publication of this notice.11 Hearing
appendix to this notice. The Preliminary requests should contain: (1) The party’s
name, address, and telephone number;
Decision Memorandum is a public
(2) the number of participants; and (3)
document and is on file electronically
a list of issues to be discussed. Oral
via Enforcement and Compliance’s
presentations at the hearing will be
Antidumping and Countervailing Duty
limited to issues raised in the briefs. If
Centralized Electronic Service System
a request for a hearing is made,
(ACCESS). ACCESS is available to
Commerce intends to hold the hearing
registered users at https://
access.trade.gov. In addition, a complete at a date and time to be determined.12
Parties should confirm the date, time,
version of the Preliminary Decision
and location of the hearing two days
Memorandum can be accessed directly
before the scheduled date.
at https://enforcement.trade.gov/frn/.
An electronically filed document
Preliminary Results of the Review
must be received successfully in its
entirety by ACCESS by 5:00 p.m.
As a result of this review, we
Eastern Time on the established
preliminarily determine that the
deadline.
following weighted-average dumping
Commerce intends to issue the final
margins exist for the period September
results of this administrative review,
1, 2019, through August 31, 2020:
including the results of its analysis of
Weighted- issues raised in any written briefs, not
later than 120 days after the date of
average
Producers/exporters
dumping
publication of this notice, unless
margin
otherwise extended.13
Methodology
(percent)
jspears on DSK121TN23PROD with NOTICES1
Assessment Rates
Dong-A Steel Co., Ltd 6 ..............
1.62
Upon completion of the
HiSteel Co., Ltd ..........................
10.24
administrative review, Commerce shall
determine, and U.S. Customs and
Disclosure and Public Comment
Border Protection (CBP) shall assess,
antidumping duties on all appropriate
Commerce intends to disclose the
entries.14 If the weighted average
calculations performed in connection
dumping
margin for DOSCO or HiSteel
with these preliminary results to
is not zero or de minimis (i.e., less than
interested parties within five days after
0.5 percent), we will calculate importerthe date of publication of this notice.7
specific ad valorem antidumping duty
Case briefs or other written comments
assessment rates based on the ratio of
may be submitted to Commerce. A
the total amount of dumping calculated
timeline for the submission of case
for each importer’s examined sales to
briefs and written comments will be
the total entered value of those same
provided to interested parties at a later
sales in accordance with 19 CFR
date. Rebuttal briefs, limited to issues
raised in the case briefs, may be filed no 351.212(b)(1).15 Where the respondent
later than seven days after the deadline
6 In
the prior administrative review, Commerce
collapsed Dong-A Steel Co., Ltd., with its affiliated
producer SeAH Steel Corporation, and we continue
to treat these companies as a single entity, in
accordance with 19 CFR 351.401(f). See Heavy
Walled Rectangular Welded Carbon Steel Pipes and
Tubes from the Republic of Korea: Final Results of
Antidumping Duty Administrative Review; 2018–
2019, 86 FR 35060, 35061 (July 1, 2021).
7 See 19 CFR 351.224(b).
VerDate Sep<11>2014
20:38 Oct 05, 2021
Jkt 256001
8 Commerce is exercising its discretion, under 19
CFR 351.309(d)(1), to alter the time limit for filing
of rebuttal briefs.
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).
13 See section 751(a)(3)(A) of the Act.
14 See 19 CFR 351.212(b).
15 In these preliminary results, Commerce applied
the assessment rate calculation method adopted in
PO 00000
Frm 00017
Fmt 4703
Sfmt 4703
55583
did not report entered value, we will
calculate the entered value in order to
calculate the assessment rate. If the
weighted-average dumping margin for
the respondents listed above is zero or
de minimis in the final results, or an
importer-specific assessment rate is zero
or de minimis in the final results, we
will instruct CBP not to assess
antidumping duties on any of their
entries in accordance with the Final
Modification for Reviews.16
Commerce’s ‘‘automatic assessment’’
will apply to entries of subject
merchandise during the POR produced
by companies included in these final
results of review for which the reviewed
companies did not know that the
merchandise they sold to the
intermediary (e.g., a reseller, trading
company, or exporter) was destined for
the United States. In such instances, 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.17
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 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 exporters listed
above will be equal to the weightedaverage 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 companies not participating
in this review, the cash deposit rate will
Antidumping Proceedings: Calculation of the
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012) (Final Modification for
Reviews).
16 Id. at 8102.
17 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
E:\FR\FM\06OCN1.SGM
06OCN1
55584
Federal Register / Vol. 86, No. 191 / Wednesday, October 6, 2021 / Notices
continue to be the company-specific
cash deposit rate published for the most
recently completed segment; (3) if the
exporter is not a firm covered in this
review, or a previous segment, but the
producer is, then the cash deposit rate
will be the cash deposit rate established
for the most recently completed segment
for the producer of the merchandise;
and (4) the cash deposit rate for all other
producers or exporters will continue to
be 3.24 percent, the all-others rate
established in the less-than-fair-value
investigation.18 These deposit
requirements, when imposed, shall
remain in effect until further notice.
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
review period. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: September 30, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix
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
[FR Doc. 2021–21852 Filed 10–5–21; 8:45 am]
jspears on DSK121TN23PROD with NOTICES1
BILLING CODE 3510–DS–P
18 See Heavy Walled Rectangular Welded Carbon
Steel Pipes and Tubes from the Republic of Korea,
Mexico, and the Republic of Turkey: Antidumping
Duty Orders, 81 FR 62865, 62866 (September 13,
2016).
VerDate Sep<11>2014
20:38 Oct 05, 2021
Jkt 256001
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–881]
Certain Cold-Rolled Steel Flat Products
From the Republic of Korea:
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 finds that
certain cold-rolled steel flat products
(cold-rolled steel) from the Republic of
Korea were not sold in the United States
at less than normal value during the
period of review (POR), September 1,
2019, through August 31, 2020.
Interested parties are invited to
comment on these preliminary results.
DATES: Applicable October 6, 2021.
FOR FURTHER INFORMATION CONTACT:
Michael J. Heaney, George McMahon, or
Marc Castillo, 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) 482–4475,
(202) 482–1167, or (202) 482–5019,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
Commerce initiated this review on
October 30, 2020.1 We selected two
mandatory respondents in this review,
Hyundai Steel Company (Hyundai) and
POSCO International Corporation
(PIC).2
For a more detailed description of the
events that followed the initiation of
this review, see the Preliminary
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 85 FR
68840 (October 30, 2020).
2 See Memorandum, ‘‘2019–2020 Administrative
Review of Cold-Rolled Steel Flat Products from the
Republic of Korea: Respondent Selection,’’ dated
December 15, 2020. Consistent with the CRS from
Korea 2018–19 Final Results, Commerce has
collapsed POSCO and PIC, treating these companies
as a single entity. In the CRS from Korea 2018–19
Final Results, Commerce determined that PIC is the
successor-in-interest to POSCO Daewoo
Corporation (PDW), and, as a consequence, is part
of the collapsed POSCO single entity. See Certain
Cold-Rolled Steel Flat Products from the Republic
of Korea: Final Results of Antidumping Duty
Administrative Review; 2018–2019, 86 FR 40808
(July 29, 2021) (CRS from Korea 2018–19 Final
Results), and accompanying Issues and Decision
Memorandum. POSCO submitted its questionnaire
responses in this review on behalf of the collapsed
entity, and PIC was initially selected by Commerce
for individual examination. We continue to refer to
the collapsed entity as ‘‘POSCO/PIC’’ hereafter.
PO 00000
Frm 00018
Fmt 4703
Sfmt 4703
Decision Memorandum, dated
concurrently with these results and
hereby adopted by this notice.3 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 https://access.trade.gov. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. A list of topics discussed in the
Preliminary Decision Memorandum is
attached as Appendix I to this notice.
Scope of the Order
The product covered by the Order 4 is
cold-rolled steel from Korea. For a
complete description of the scope of the
Order, see the Preliminary Decision
Memorandum.
Methodology
Commerce is conducting this review
in accordance with sections 751(a)(2) of
the Tariff Act of 1930, as amended (the
Act). For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum.
Rate for Non-Examined Companies
For the companies that were not
selected for individual review, we
assigned a rate based on the rates for the
respondents that were selected for
individual examination.5 Consistent
with the U.S. Court of Appeals for the
Federal Circuit’s decision in Albemarle,
we are applying to the 38 companies not
selected for individual examination a
rate of zero percent, because we
calculated rates of zero for both
mandatory respondents, Hyundai and
POSCO/PIC.6 These are the only rates
determined in this review for
individually examined respondents and,
thus, we are applying this rate to the 38
firms not selected for individual
examination under section 735(c)(5)(B)
of the Act.
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Antidumping Duty
Administrative Review: Certain Cold Rolled Steel
Flat Products from the Republic of Korea; 2019–
2020,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
4 See Certain Cold Rolled Steel Flat Products from
Brazil, India, the Republic of Korea, and the United
Kingdom: Amended Final Affirmative Antidumping
Determinations for Brazil and the United Kingdom
and Antidumping Duty Orders, 81 FR 64432
(September 20, 2016) (Order).
5 See section 735(c)(5)(A) of the Act.
6 See Albemarle Corp. v. United States, 821 F.3d
1345 (Fed. Cir. 2016) (Albemarle).
E:\FR\FM\06OCN1.SGM
06OCN1
Agencies
[Federal Register Volume 86, Number 191 (Wednesday, October 6, 2021)]
[Notices]
[Pages 55582-55584]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21852]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-880]
Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From
the Republic of Korea: Preliminary Results of Antidumping Duty
Administrative Review; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that the producers/exporters subject to this administrative review made
sales of subject merchandise at less than normal value (NV) during the
period of review (POR) September 1, 2019, through August 31, 2020.
Interested parties are invited to comment on these preliminary results.
DATES: Applicable October 6, 2021.
FOR FURTHER INFORMATION CONTACT: Alice Maldonado or Jacob Garten, AD/
CVD Operations, Office II, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-4682 or (202)
482-3342, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 30, 2020, based on timely requests for review, in
accordance with 19 CFR 351.221(c)(1)(i), we initiated an administrative
review on heavy walled rectangular welded carbon steel pipes and tubes
from Korea.\1\ This review covers two producers and exporters of the
subject merchandise.\2\ Commerce selected Dong-A Steel Company (DOSCO)
and HiSteel Co., Ltd, (HiSteel) for individual examination.
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 68840 (October 30, 2020).
\2\ We received a timely submission withdrawing all review
requests for 27 companies; we rescinded the review with respect to
these companies. See Heavy Walled Rectangular Welded Carbon Steel
Pipes and Tubes from the Republic of Korea: Rescission of
Antidumping Duty Administrative Review; 2019-2020, in Part, 86 FR
14075 (March 12, 2021).
---------------------------------------------------------------------------
On May 7, 2021, Commerce extended the preliminary results of this
review by 120 days, until September 30, 2021.\3\ For a complete
description of the events that followed the initiation of this review,
see the Preliminary Decision Memorandum.\4\
---------------------------------------------------------------------------
\3\ See Memorandum, ``Heavy Walled Rectangular Welded Carbon
Steel Pipes and Tubes from the Republic of Korea: Extension of
Deadline for Preliminary Results of the 4th Antidumping Duty
Administrative Review,'' dated May 7, 2021.
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2019-2020 Administrative Review of the Antidumping
Duty Order on Heavy Walled Rectangular Welded Carbon Steel Pipes and
Tubes from the Republic of Korea,'' dated concurrently with, and
hereby adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The products covered by the order are certain heavy walled
rectangular welded steel pipes and tubes from the Republic of Korea
(Korea). Products subject to the order are currently classified under
the Harmonized Tariff Schedule of the United States (HTSUS) item number
7306.61.1000. Subject merchandise may also be classified under
7306.61.3000. Although the HTSUS numbers and ASTM specification are
provided for convenience and for customs purposes, the written product
description remains dispositive.\5\
---------------------------------------------------------------------------
\5\ For a complete description of the scope of the order, see
Preliminary Decision Memorandum.
---------------------------------------------------------------------------
[[Page 55583]]
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act).
Export price and constructed export price are calculated in accordance
with section 772 of the Act. NV is calculated in accordance with
section 773 of the Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. A list of the
topics discussed in the Preliminary Decision Memorandum is attached as
an appendix 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
https://access.trade.gov. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/.
Preliminary Results of the Review
As a result of this review, we preliminarily determine that the
following weighted-average dumping margins exist for the period
September 1, 2019, through August 31, 2020:
------------------------------------------------------------------------
Weighted-
average
Producers/exporters dumping
margin
(percent)
------------------------------------------------------------------------
Dong-A Steel Co., Ltd \6\................................... 1.62
HiSteel Co., Ltd............................................ 10.24
------------------------------------------------------------------------
Disclosure and Public Comment
---------------------------------------------------------------------------
\6\ In the prior administrative review, Commerce collapsed Dong-
A Steel Co., Ltd., with its affiliated producer SeAH Steel
Corporation, and we continue to treat these companies as a single
entity, in accordance with 19 CFR 351.401(f). See Heavy Walled
Rectangular Welded Carbon Steel Pipes and Tubes from the Republic of
Korea: Final Results of Antidumping Duty Administrative Review;
2018-2019, 86 FR 35060, 35061 (July 1, 2021).
---------------------------------------------------------------------------
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.\7\ Case briefs
or other written comments may be submitted to Commerce. A timeline for
the submission of case briefs and written comments will be provided to
interested parties at a later date. Rebuttal briefs, limited to issues
raised in the case briefs, may be filed no later than seven days after
the deadline for filing case briefs.\8\ 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.\9\ Case and rebuttal briefs
should be filed using ACCESS.\10\
---------------------------------------------------------------------------
\7\ See 19 CFR 351.224(b).
\8\ Commerce is exercising its discretion, under 19 CFR
351.309(d)(1), to alter the time limit for filing of rebuttal
briefs.
\9\ See 19 CFR 351.309(c)(2) and (d)(2).
\10\ See 19 CFR 351.303.
---------------------------------------------------------------------------
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, U.S. Department of Commerce,
filed electronically via ACCESS within 30 days after the date of
publication of this notice.\11\ Hearing 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. Oral
presentations at the hearing will be limited to issues raised in the
briefs. If a request for a hearing is made, Commerce intends to hold
the hearing at a date and time to be determined.\12\ Parties should
confirm the date, time, and location of the hearing two days before the
scheduled date.
---------------------------------------------------------------------------
\11\ See 19 CFR 351.310(c).
\12\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------
An electronically filed document must be received successfully in
its entirety by ACCESS by 5:00 p.m. Eastern Time on the established
deadline.
Commerce intends to issue the final results of this administrative
review, including the results of its analysis of issues raised in any
written briefs, not later than 120 days after the date of publication
of this notice, unless otherwise extended.\13\
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\13\ See section 751(a)(3)(A) of the Act.
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Assessment Rates
Upon completion of the administrative review, Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries.\14\ If the weighted
average dumping margin for DOSCO or HiSteel is not zero or de minimis
(i.e., less than 0.5 percent), we will calculate importer-specific ad
valorem antidumping duty assessment rates based on the ratio of the
total amount of dumping calculated for each importer's examined sales
to the total entered value of those same sales in accordance with 19
CFR 351.212(b)(1).\15\ Where the respondent did not report entered
value, we will calculate the entered value in order to calculate the
assessment rate. If the weighted-average dumping margin for the
respondents listed above is zero or de minimis in the final results, or
an importer-specific assessment rate is zero or de minimis in the final
results, we will instruct CBP not to assess antidumping duties on any
of their entries in accordance with the Final Modification for
Reviews.\16\
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\14\ See 19 CFR 351.212(b).
\15\ In these preliminary results, Commerce applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012) (Final Modification for
Reviews).
\16\ Id. at 8102.
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Commerce's ``automatic assessment'' will apply to entries of
subject merchandise during the POR produced by companies included in
these final results of review for which the reviewed companies did not
know that the merchandise they sold to the intermediary (e.g., a
reseller, trading company, or exporter) was destined for the United
States. In such instances, 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.\17\
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\17\ 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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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 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 exporters
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 companies not participating in this review, the cash deposit
rate will
[[Page 55584]]
continue to be the company-specific cash deposit rate published for the
most recently completed segment; (3) if the exporter is not a firm
covered in this review, or a previous segment, but the producer is,
then the cash deposit rate will be the cash deposit rate established
for the most recently completed segment for the producer of the
merchandise; and (4) the cash deposit rate for all other producers or
exporters will continue to be 3.24 percent, the all-others rate
established in the less-than-fair-value investigation.\18\ These
deposit requirements, when imposed, shall remain in effect until
further notice.
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\18\ See Heavy Walled Rectangular Welded Carbon Steel Pipes and
Tubes from the Republic of Korea, Mexico, and the Republic of
Turkey: Antidumping Duty Orders, 81 FR 62865, 62866 (September 13,
2016).
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Notification to Importers
This notice serves as a 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 review period. Failure to comply
with this requirement could result in Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: September 30, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
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
[FR Doc. 2021-21852 Filed 10-5-21; 8:45 am]
BILLING CODE 3510-DS-P