Large Diameter Welded Pipe From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2018-2020, 68638-68640 [2021-26292]
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68638
Federal Register / Vol. 86, No. 230 / Friday, December 3, 2021 / Notices
6307.90.9889. The HTSUS statistical
categories and subheadings are provided
for convenience and customs purposes;
however, the written description of the
merchandise under the Order is
dispositive.7
Analysis of Comments Received
A complete discussion of all issues
raised in this sunset review, including
the likelihood of continuation or
recurrence of subsidization in the event
of revocation of the Order and the
countervailable subsidy rates likely to
prevail if the Order were to be revoked,
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://access.trade.gov/public/
FRNoticesListLayout.aspx.
Final Results of Sunset Review
Pursuant to sections 751(c)(1) and
752(b) of the Act, we determine that
revocation of the Order would be likely
to lead to continuation or recurrence of
countervailable subsidies at the
following net countervailable subsidy
rates:
Exporters or manufacturers
jspears on DSK121TN23PROD with NOTICES1
Changtai Rongshu Textile
Co., Ltd .............................
Yama Ribbons and Bows
Co., Ltd .............................
All Others ..............................
Net
countervailable
subsidy rate
(percent)
information in this segment of the
proceeding. Timely written notification
of return/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
Commerce is issuing and publishing
these final results and this notice in
accordance with sections 751(c), 752(b),
and 777(i)(1) of the Act and 19 CFR
351.218.
Dated: November 29, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations performing the non-exclusive
functions and duties of the 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 Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or
Recurrence of a Countervailable Subsidy
2. Net Countervailable Subsidy Likely to
Prevail
3. Nature of the Subsidy
VII. Final Results of the Sunset Review
VIII. Recommendation
[FR Doc. 2021–26291 Filed 12–2–21; 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: Final Results of
27.14 Antidumping Duty Administrative
27.14 Review; 2018–2020
AGENCY: Enforcement and Compliance,
Administrative Protective Order
International Trade Administration,
Department of Commerce.
This notice serves as the only
reminder to parties subject to
SUMMARY: The Department of Commerce
administrative protective order (APO) of (Commerce) determines that the
their responsibility concerning the
producers or exporters subject to this
disposition of proprietary information
administrative review did not make
disclosed under APO in accordance
sales of large diameter welded pipe from
with 19 CFR 351.305, which continues
the Republic of Korea in the United
to govern business proprietary
States at prices below normal value
(NV) during the period of review (POR),
7 For a complete description of the scope of the
August 27, 2018, through April 30,
Order, see Memorandum ‘‘Issues and Decision
2020.
143.53
Memorandum for the Final Results of the Second
Sunset Review of the Countervailing Duty Order on
Narrow Woven Ribbons with Woven Selvedge from
the People’s Republic of China,’’ dated concurrently
with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
VerDate Sep<11>2014
18:06 Dec 02, 2021
Jkt 256001
DATES:
Applicable December 3, 2021.
FOR FURTHER INFORMATION CONTACT:
Sergio Balbontin or Katherine Johnson,
AD/CVD Operations, Office VIII,
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–6478 or
(202) 482–4929, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 30, 2021, Commerce
published the preliminary results of this
administrative review.1 The review
covers 20 producers or exporters of
subject merchandise. We invited
interested parties to comment on the
Preliminary Results. 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.2 Commerce conducted
this review in accordance with section
751(a) of the Tariff Act of 1930, as
amended (the Act).
Scope of the Order 3
The merchandise covered by the
Order is welded carbon and alloy steel
pipe (other than stainless steel pipe),
more than 406.4 mm (16 inches) in
nominal outside diameter (large
diameter welded pipe), regardless of
wall thickness, length, surface finish,
grade, end finish, or stenciling. Imports
of the product are currently classifiable
in the Harmonized Tariff Schedule of
the United States (HTSUS) under
subheadings 7305.11.1030,
7305.11.1060, 7305.11.5000,
7305.12.1030, 7305.12.1060,
7305.12.5000, 7305.19.1030,
7305.19.1060, 7305.19.5000,
7305.31.4000, 7305.31.6090,
7305.39.1000 and 7305.39.5000. While
the HTSUS subheadings are provided
for convenience and customs purposes,
the written description of the scope of
this order is dispositive. For a complete
description of the scope of the Order,
1 See Large Diameter Welded Pipe from the
Republic of Korea: Preliminary Results of
Antidumping Duty Administrative Review; 2018—
2020, 86 FR 41010 (July 30, 2021) (Preliminary
Results), and accompanying Preliminary Decision
Memorandum (PDM).
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results in the 2018–
2020 Antidumping Duty Administrative Review:
Diameter Welded Pipe from the Republic of Korea,’’
dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
3 See Large Diameter Welded Pipe from the
Republic of Korea: Amended Final Affirmative
Antidumping Determinations and Antidumping
Duty Orders, 84 FR 18767 (May 2, 2019) (Order);
see also Large Diameter Welded Pipe from the
Republic of Korea: Final Results of Antidumping
Duty and Countervailing Duty Changed
Circumstances Reviews, 85 FR 51679 (August 21,
2020).
E:\FR\FM\03DEN1.SGM
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method to establish the estimated allothers rate for exporters and producers
not individually investigated, including
Analysis of Comments Received
averaging the estimated weighted
All issues raised in the parties’ case
average dumping margins determined
and rebuttal briefs are addressed in the
for the exporters and producers
Issues and Decision Memorandum and
individually investigated.’’ One such
are listed in Appendix I to this notice.4
reasonable method is to weight average
The Issues and Decision Memorandum
the zero and de minimis rates, and the
is a public document and is on-file
rates determined entirely pursuant to
electronically via Enforcement and
facts available. In fact, the SAA states
Compliance’s Antidumping and
that this is the ‘‘expected’’ method in
Countervailing Duty Centralized
such circumstances.5 Accordingly, we
Electronic Service System (ACCESS).
have determined the weighted-average
ACCESS is available to registered users
dumping margin for the eighteen
at https://access.trade.gov. In addition, a companies that were not selected for
complete version of the Issues and
individual examination based on the
Decision Memorandum can be accessed weighted average of the weighteddirectly at https://access.trade.gov/
average dumping margins calculated for
public/FRNoticesListLayout.aspx.
Hyundai RB and Hyundai Steel, i.e.,
zero percent, consistent with section
Changes Since the Preliminary Results
735(c)(5)(B) of the Act. These are the
Based on the comments received from
only rates determined in this review for
interested parties and record
individually examined companies, and,
information, we made no changes to our
thus, are applied to the eighteen firms
preliminary weighted-average dumping
not selected for individual examination.
margin calculations for Hyundai RB Co.,
Final Results of the Review
Ltd. (Hyundai RB) and Hyundai Steel
Company (Hyundai Steel).
As a result of this review, we
determine the following weightedRate for Non-Examined Respondents
average dumping margins exist for the
The statute and Commerce’s
POR:
regulations do not address the
establishment of a weighted-average
Weighteddumping margin to be determined for
average
companies not selected for individual
Exporter or producer
dumping
margin
examination when Commerce limits its
(percent)
examination in an administrative review
pursuant to section 777A(c)(2) of the
Hyundai RB Co., Ltd ..................
0.00
Act. Generally, Commerce looks to
Hyundai Steel Company .............
0.00
section 735(c)(5) of the Act, which
Non-Examined Companies 6 ......
0.00
provides instructions for calculating the
all-others rate in an investigation, for
Disclosure
guidance when determining the
Normally, Commerce discloses to the
weighted-average dumping margin for
parties in a proceeding the calculations
companies which were not selected for
that it performed in connection with the
individual examination in an
final results of review in accordance
administrative review. Under section
with 19 CFR 351.224(b). However,
735(c)(5)(A) of the Act, the all-others
rate is normally ‘‘an amount equal to the because we made no changes to our
preliminary weighted-average dumping
weighted average of the estimated
margin calculations for Hyundai RB and
weighted average dumping margins
Hyundai Steel, there are no calculations
established for exporters and producers
individually investigated, excluding any to disclose.
zero and de minimis margins, and any
Assessment Rates
margins determined entirely {on the
Commerce has determined, and U.S.
basis of facts available}.’’
Customs
and Border Protection (CBP)
In this review, we calculated a
shall assess, antidumping duties on all
weighted-average dumping margin for
appropriate entries of subject
each of the mandatory respondents,
merchandise in accordance with these
Hyundai RB, and Hyundai Steel, that is
final results of review.7 Because the
zero percent. Where the rates for the
weighted-average
dumping margin for
individually examined companies are
the
companies
listed
above is zero
all zero, de minimis, or determined
entirely using facts available, section
5 See Statement of Administrative Action
735(c)(5)(B) of the Act instructs that
Accompanying the Uruguay Round Agreements
Commerce ‘‘may use any reasonable
Act, H.R. Doc. 103–316, vol. 1 (1994) (SAA) at 873.
jspears on DSK121TN23PROD with NOTICES1
see the Issues and Decision
Memorandum.
6 See
4 See
Appendix I.
VerDate Sep<11>2014
18:06 Dec 02, 2021
7 See
Jkt 256001
PO 00000
Appendix II.
19 CFR 351.212(b).
Frm 00015
Fmt 4703
Sfmt 4703
68639
percent, we intend to instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.8
Commerce’s ‘‘reseller policy’’ will
apply to entries of subject merchandise
during the POR produced by Hyundai
Steel or Hyundai RB for which these
companies did not know that the
merchandise that they sold to an
intermediary company (e.g., a reseller,
trading company, or exporter) was
destined for the United States. In such
instances, we will instruct CBP to
liquidate the unreviewed 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 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 in the final results of this
review will be equal to the weightedaverage dumping margin established in
the final results of this administrative
review (i.e., zero percent); (2) for
previously investigated or reviewed
companies not subject to 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
participated; (3) if the exporter is not a
firm covered in this review, a prior
review, or the original less-than-fairvalue (LTFV) investigation, but the
producer is, the cash deposit rate will be
the rate established for the most recently
completed segment of the proceeding
for the producer of the merchandise;
and (4) the cash deposit rate for all other
8 See Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8102
(February 14, 2012).
9 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\03DEN1.SGM
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Federal Register / Vol. 86, No. 230 / Friday, December 3, 2021 / Notices
producers and exporters will continue
to be 7.08 percent ad valorem, the allothers rate established in the LTFV
investigation.10 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
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 the POR.
Failure to comply with this requirement
could result in Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
Notification Regarding Administrative
Protective Order
This notice also serves as 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: November 29, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
jspears on DSK121TN23PROD with NOTICES1
Appendix I
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
Comment 1: Whether Commerce Should
Find a Cost-Based Particular Market
Situation in Korea
Comment 2: Voluntary Respondent Status
for SeAH Steel Corporation
V. Recommendation
10 See
Order.
VerDate Sep<11>2014
18:06 Dec 02, 2021
Jkt 256001
Appendix II
Companies Not Selected for Individual
Examination
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.
18. WELTECH Co., Ltd.
[FR Doc. 2021–26292 Filed 12–2–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–274–809]
Urea Ammonium Nitrate Solutions
From the Republic of Trinidad and
Tobago: Preliminary Affirmative
Countervailing Duty Determination and
Alignment of Final Determination With
the Final Antidumping 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 the sole known producer/
exporter of urea ammonium nitrate
solutions (UAN) from the Republic of
Trinidad and Tobago (Trinidad and
Tobago) for the period of investigation
(POI) January 1, 2020, through
December 31, 2020. Interested parties
are invited to comment on this
preliminary determination.
DATES: Applicable December 3, 2021.
FOR FURTHER INFORMATION CONTACT:
Ariela Garvett, AD/CVD Operations,
Office IV, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3609.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
This preliminary determination is
made in accordance with section 703(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
PO 00000
Frm 00016
Fmt 4703
Sfmt 4703
on July 26, 2021.1 On August 24, 2021,
Commerce postponed the preliminary
determination of this investigation to
November 29, 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 https://
access.trade.gov. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Scope of the Investigation
The product covered by this
investigation is UAN from Trinidad and
Tobago. 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 No interested
party commented on the scope of this
investigation as it appeared in the
Initiation Notice.
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,
1 See Urea Ammonium Nitrate Solutions from the
Russian Federation and the Republic of Trinidad
and Tobago: Initiation of Countervailing Duty
Investigations, 86 FR 40004 (July 26, 2021)
(Initiation Notice).
2 See Urea Ammonium Nitrate Solutions from the
Russian Federation and the Republic of Trinidad
and Tobago: Postponement of Preliminary
Determinations in the Countervailing Duty
Investigations, 86 FR 47296 (August 24, 2021).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Affirmative Determination in the
Countervailing Duty Investigation of Urea
Ammonium Nitrate Solutions from the Republic of
Trinidad and Tobago,’’ 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).
5 See Initiation Notice, 86 FR 40005.
E:\FR\FM\03DEN1.SGM
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Agencies
[Federal Register Volume 86, Number 230 (Friday, December 3, 2021)]
[Notices]
[Pages 68638-68640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26292]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-897]
Large Diameter Welded Pipe From the Republic of Korea: Final
Results of Antidumping Duty Administrative Review; 2018-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that the
producers or exporters subject to this administrative review did not
make sales of large diameter welded pipe from the Republic of Korea in
the United States at prices below normal value (NV) during the period
of review (POR), August 27, 2018, through April 30, 2020.
DATES: Applicable December 3, 2021.
FOR FURTHER INFORMATION CONTACT: Sergio Balbontin or Katherine Johnson,
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) 482-6478
or (202) 482-4929, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 30, 2021, Commerce published the preliminary results of
this administrative review.\1\ The review covers 20 producers or
exporters of subject merchandise. We invited interested parties to
comment on the Preliminary Results. 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.\2\
Commerce conducted this review in accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act).
---------------------------------------------------------------------------
\1\ See Large Diameter Welded Pipe from the Republic of Korea:
Preliminary Results of Antidumping Duty Administrative Review;
2018--2020, 86 FR 41010 (July 30, 2021) (Preliminary Results), and
accompanying Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results in the 2018-2020 Antidumping Duty Administrative
Review: Diameter Welded Pipe from the Republic of Korea,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order 3
---------------------------------------------------------------------------
\3\ See Large Diameter Welded Pipe from the Republic of Korea:
Amended Final Affirmative Antidumping Determinations and Antidumping
Duty Orders, 84 FR 18767 (May 2, 2019) (Order); see also Large
Diameter Welded Pipe from the Republic of Korea: Final Results of
Antidumping Duty and Countervailing Duty Changed Circumstances
Reviews, 85 FR 51679 (August 21, 2020).
---------------------------------------------------------------------------
The merchandise covered by the Order is welded carbon and alloy
steel pipe (other than stainless steel pipe), more than 406.4 mm (16
inches) in nominal outside diameter (large diameter welded pipe),
regardless of wall thickness, length, surface finish, grade, end
finish, or stenciling. Imports of the product are currently
classifiable in the Harmonized Tariff Schedule of the United States
(HTSUS) under subheadings 7305.11.1030, 7305.11.1060, 7305.11.5000,
7305.12.1030, 7305.12.1060, 7305.12.5000, 7305.19.1030, 7305.19.1060,
7305.19.5000, 7305.31.4000, 7305.31.6090, 7305.39.1000 and
7305.39.5000. While the HTSUS subheadings are provided for convenience
and customs purposes, the written description of the scope of this
order is dispositive. For a complete description of the scope of the
Order,
[[Page 68639]]
see the Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised in the parties' case and rebuttal briefs are
addressed in the Issues and Decision Memorandum and are listed in
Appendix I to this notice.\4\ The Issues and Decision Memorandum is a
public document and is on-file electronically via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS). ACCESS is available to registered users at
https://access.trade.gov. In addition, a complete version of the Issues
and Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------
\4\ See Appendix I.
---------------------------------------------------------------------------
Changes Since the Preliminary Results
Based on the comments received from interested parties and record
information, we made no changes to our preliminary weighted-average
dumping margin calculations for Hyundai RB Co., Ltd. (Hyundai RB) and
Hyundai Steel Company (Hyundai Steel).
Rate for Non-Examined Respondents
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 calculated a weighted-average dumping margin for
each of the mandatory respondents, Hyundai RB, and 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.\5\ 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.
---------------------------------------------------------------------------
\5\ See Statement of Administrative Action Accompanying the
Uruguay Round Agreements Act, H.R. Doc. 103-316, vol. 1 (1994) (SAA)
at 873.
---------------------------------------------------------------------------
Final Results of the Review
As a result of this review, we determine the following weighted-
average dumping margins exist for the POR:
------------------------------------------------------------------------
Weighted-
average
Exporter or producer dumping
margin
(percent)
------------------------------------------------------------------------
Hyundai RB Co., Ltd......................................... 0.00
Hyundai Steel Company....................................... 0.00
Non-Examined Companies \6\.................................. 0.00
------------------------------------------------------------------------
Disclosure
---------------------------------------------------------------------------
\6\ See Appendix II.
---------------------------------------------------------------------------
Normally, Commerce discloses to the parties in a proceeding the
calculations that it performed in connection with the final results of
review in accordance with 19 CFR 351.224(b). However, because we made
no changes to our preliminary weighted-average dumping margin
calculations for Hyundai RB and Hyundai Steel, there are no
calculations to disclose.
Assessment Rates
Commerce has determined, and U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties on all appropriate entries of
subject merchandise in accordance with these final results of
review.\7\ Because the weighted-average dumping margin for the
companies listed above is zero percent, we intend to instruct CBP to
liquidate the appropriate entries without regard to antidumping
duties.\8\
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\7\ See 19 CFR 351.212(b).
\8\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8102 (February 14,
2012).
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Commerce's ``reseller policy'' will apply to entries of subject
merchandise during the POR produced by Hyundai Steel or Hyundai RB for
which these companies did not know that the merchandise that they sold
to an intermediary company (e.g., a reseller, trading company, or
exporter) was destined for the United States. In such instances, we
will instruct CBP to liquidate the unreviewed 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\ 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 companies
listed above in the final results of this review will be equal to the
weighted-average dumping margin established in the final results of
this administrative review (i.e., zero percent); (2) for previously
investigated or reviewed companies not subject to 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 participated; (3) if the exporter is not a firm covered in this
review, a prior review, or the original less-than-fair-value (LTFV)
investigation, but the producer is, the cash deposit rate will be the
rate established for the most recently completed segment of the
proceeding for the producer of the merchandise; and (4) the cash
deposit rate for all other
[[Page 68640]]
producers and exporters will continue to be 7.08 percent ad valorem,
the all-others rate established in the LTFV investigation.\10\ These
cash deposit requirements, when imposed, shall remain in effect until
further notice.
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\10\ See Order.
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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 the POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Notification Regarding Administrative Protective Order
This notice also serves as 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: November 29, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the 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. Discussion of the Issues
Comment 1: Whether Commerce Should Find a Cost-Based Particular
Market Situation in Korea
Comment 2: Voluntary Respondent Status for SeAH Steel
Corporation
V. Recommendation
Appendix II
Companies Not Selected for Individual Examination
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.
18. WELTECH Co., Ltd.
[FR Doc. 2021-26292 Filed 12-2-21; 8:45 am]
BILLING CODE 3510-DS-P