Circular Welded Non-Alloy Steel Pipe From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2020-2021, 74402-74404 [2022-26403]
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Federal Register / Vol. 87, No. 232 / Monday, December 5, 2022 / Notices
Zones Act, as amended (19 U.S.C. 81a81u), and the regulations of the FTZ
Board (15 CFR part 400). It was formally
docketed on November 30, 2022.
Subzone 196A currently consists of
the following sites: Site 1 (13 acres)—
2701 Sylvania Cross Drive, Fort Worth;
Site 2 (14.419 acres)—2441 Northeast
Parkway, Fort Worth; Site 5 (45.843
acres)—3737 Meacham Boulevard, Fort
Worth; and, Site 6 (3.6 acres)—5050
Mark IV Parkway, Fort Worth.
The applicant is requesting authority
to expand the subzone to include an
additional site: Proposed Site 7 (17.96
acres)—4501 North Freeway, Fort
Worth. The existing subzone and the
proposed site would be subject to the
existing activation limit of FTZ 196. No
additional authorization for production
activity has been requested at this time.
In accordance with the FTZ Board’s
regulations, Camille Evans of the FTZ
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the application and make
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Public comment is invited from
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For further information, contact
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Dated: November 30, 2022.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2022–26366 Filed 12–2–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
ddrumheller on DSK30NT082PROD with NOTICES
[A–580–809]
Circular Welded Non-Alloy Steel Pipe
From the Republic of Korea:
Preliminary Results of Antidumping
Duty Administrative Review; 2020–
2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
AGENCY:
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19:34 Dec 02, 2022
Jkt 259001
determines that circular welded nonalloy steel pipe (CWP) from the
Republic of Korea (Korea) was sold at
prices below normal value for Husteel
Co., Ltd. (Husteel) and not sold at prices
below normal value for Nexteel Co., Ltd.
(Nexteel) during the period of review
(POR) November 1, 2020, through
October 31, 2021. We invite interested
parties to comment on these preliminary
results.
DATES: Applicable December 5, 2022.
FOR FURTHER INFORMATION CONTACT:
Dusten Hom and Byeong-hun You, AD/
CVD Operations, Office I, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–5075 and (202)–482–1018,
respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce is conducting an
administrative review of the
antidumping duty order on CWP from
Korea, in accordance with section 751(a)
of the Tariff Act of 1930, as amended
(the Act).1 On December 28, 2021, in
accordance with 19 CFR
351.221(c)(1)(i), we initiated the
administrative review 2 of the Order
covering 24 producers and/or exporters,
including mandatory respondents,
Husteel and Nexteel.3 The remaining
companies were not selected for
individual examination and remain
subject to this administrative review.
For a complete description of the events
that followed the initiation of this
review, see the Preliminary Decision
Memorandum.4
On July 14, 2022, Commerce extended
the time limit for issuing the
preliminary results of this review by 120
days, to no later than November 30,
2022.5
1 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) (Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 86 FR
73734 (December 28, 2021).
3 See Memorandum, ‘‘Antidumping Duty
Administrative Review of Circular Welded NonAlloy Steel Pipe from the Republic of Korea:
Respondent Selection,’’ dated February 2, 2022.
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of Antidumping Duty
Administrative Review and Preliminary
Determination of No Shipments: Circular Welded
Non-Alloy Steel Pipe from the Republic of Korea;
2020–2021,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
5 See Memorandum, ‘‘Circular Welded Non-Alloy
Steel Pipe from the Republic of Korea: Extension of
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Frm 00012
Fmt 4703
Sfmt 4703
Scope of the Order
The merchandise subject to the Order
is CWP from Korea. A full description
of the scope, see the Preliminary
Decision Memorandum.6
Methodology
Commerce is conducting this review
in accordance with section 751(a) of the
Act. For a full description of the
methodology underlying these
preliminary results, see the Preliminary
Decision Memorandum. A list of the
topics discussed in the Preliminary
Decision Memorandum is included as
Appendix I 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).
ACESS 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.
Rate for Non-Selected 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 weightedaverage 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}.’’
In this review, we have preliminarily
calculated weighted-average dumping
margins of 13.72 percent for Husteel and
0.00 percent for Nexteel. For the
companies that were not selected for
individual review, we preliminarily
assigned a rate based on the rates for the
respondents that were selected for
Deadline for Preliminary Results of 2019–2020
Antidumping Administrative Review,’’ dated July
14, 2022.
6 For a full description of the scope of the Order,
see Preliminary Decision Memorandum.
E:\FR\FM\05DEN1.SGM
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Federal Register / Vol. 87, No. 232 / Monday, December 5, 2022 / Notices
individual review, excluding rates that
are zero, de minimis, or based entirely
on facts available.7 In accordance with
the U.S. Court of Appeals for the
Federal Circuit’s decision in Albemarle,
we are applying to the twenty-two
companies that had reviewable
transactions during the POR the 13.72
percent rate calculated for Husteel.8
This is the only rate determined in this
review that is not zero, de minimis, or
based entirely on facts available for
individual respondents and, thus,
should be applied to the twenty-two
firms not selected for individual review
under section 735(c)(5)(B) of the Act.
Preliminary Results of the
Administrative Review
Commerce preliminarily determines
that the following weighted-average
dumping margins exist for the
administrative review covering the
period November 1, 2020, through
October 31, 2021:
Producer/exporter
Husteel Co., Ltd ..........
NEXTEEL Co., Ltd ......
Weightedaverage
dumping margin
(percent)
13.72
0.00 (de minimis).
Review-Specific Average Rate Applicable
to the Following Companies
Other Respondents 9 ...
13.72
Disclosure
We intend 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 in accordance
with 19 CFR 351.224(b).
ddrumheller on DSK30NT082PROD with NOTICES
Public Comment
Pursuant to 19 CFR 351.309(c),
interested parties may submit case briefs
not later than 30 days after the date of
publication of this notice. Rebuttal
briefs, limited to issues raised in the
case briefs, may be filed not later than
seven days after the date for filing case
briefs.10 Commerce modified certain of
its requirements for serving documents
containing business proprietary
information until further notice.11
Parties who submit case briefs or
rebuttal briefs in this proceeding are
section 735(c)(5)(A) of the Act.
Albemarle Corp. v. United States, 821 F.3d
1345 (Fed. Cir. 2016) (Albemarle).
9 See Appendix II for a full list of these
companies.
10 See 19 CFR 351.309(d).
11 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
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.12
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, must submit a written request
to the Assistant Secretary for
Enforcement and Compliance, filed
electronically via ACCESS. An
electronically filed request for a hearing
must be received successfully in its
entirety by Commerce’s electronic
records system, ACCESS, by 5:00 p.m.
Eastern Time within 30 days after the
date of publication of this notice.13
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. If a
request for a hearing is made, Commerce
intends to hold the hearing at a time and
date to be determined. Issues raised in
the hearing will be limited to those
raised in the briefs.
Unless the deadline is extended,
Commerce intends to issue the final
results of this review, including the
results of its analysis of issues raised by
parties in their comments, within 120
days after the publication of these
preliminary results, pursuant to section
751(a)(3)(A) of the Act and 19 CFR
351.213(h).
Assessment Rates
Upon issuing the final results,
Commerce will determine, and Customs
and Border Protection (CBP) shall
assess, antidumping duties on all
appropriate entries covered by this
review. If an examined respondent’s
weighted-average dumping margin is
above de minimis (i.e., 0.50 percent) in
the final results of this review, we will
calculate importer-specific ad valorem
antidumping duty assessment rates
based on the ratio of the total amount of
dumping calculated for the importer’s
examined U.S. sales and, where
possible, the total entered value of those
same sales in accordance with 19 CFR
351.212(b)(1).14 We will instruct CBP to
assess antidumping duties on all
appropriate entries covered by this
review when the importer-specific
assessment rate calculated in the final
results of this review is above de
minimis. Where either the respondent’s
weighted-average dumping margin is
zero or de minimis within the meaning
7 See
8 See
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19:34 Dec 02, 2022
Jkt 259001
12 See
19 CFR 351.309(c)(2) and (d)(2).
19 CFR 351.310(c); see also 19 CFR
351.303(b)(1).
14 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).
13 See
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Frm 00013
Fmt 4703
Sfmt 4703
74403
of 19 CFR 351.106(c)(1), or an importerspecific assessment rate is zero or de
minimis, 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
Nexteel for which they did not know
that the merchandise was destined for
the United States, we will instruct CBP
to liquidate those entries at the allothers rate if there is no rate for the
intermediate company(ies) involved in
the transaction.15
For the companies that were not
selected for individual examination, we
will instruct CBP to assess antidumping
duties at an ad valorem rate equal to
each company’s weighted-average
dumping margin determined in the final
results of this review.
Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the date of
publication of the final results of this
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 upon publication in the
Federal Register of the notice of final
results of administrative review for all
shipments of CWP from Korea entered,
or withdrawn from warehouse, for
consumption on or after the date of
publication as provided 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 the final
results of this administrative review; (2)
for merchandise exported by a company
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,16 the
all-others rate established in the lessthan-fair-value investigation. These cash
deposit requirements, when imposed,
15 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
16 See Order.
E:\FR\FM\05DEN1.SGM
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74404
Federal Register / Vol. 87, No. 232 / Monday, December 5, 2022 / Notices
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 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 to Interested Parties
Commerce is issuing and publishing
the preliminary results of this review in
accordance with sections 751(a)(1) and
777(i) of the Act, and 19 CFR
351.221(b)(4).
Dated: November 29, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix I—List of Topics Discussed in
the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Rate for Non-Selected Companies
V. Affiliation
VI. Discussion of the Methodology
VII. Export Price and Constructed Export
Price
VIII. Normal Value
IX. Currency Conversion
X. Recommendation
ddrumheller on DSK30NT082PROD with NOTICES
Jkt 259001
Respondent Selection
DEPARTMENT OF COMMERCE
International Trade Administration
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) has received
requests to conduct administrative
reviews of various antidumping duty
(AD) and countervailing duty (CVD)
orders with October anniversary dates.
In accordance with Commerce’s
regulations, we are initiating those
administrative reviews.
DATES: Applicable December 5, 2022.
FOR FURTHER INFORMATION CONTACT:
Brenda E. Brown, AD/CVD Operations,
Customs Liaison Unit, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230, telephone:
(202) 482–4735.
SUPPLEMENTARY INFORMATION:
AGENCY:
Notice of No Sales
17 This company is also known as Dongbu Steel
Co., Ltd.
18 This company is also known as HiSteel Co.,
Ltd.
19 This company is also known as Hyundai Steel
Corporation; Hyundai Steel; and Hyundai Steel
(Pipe Division).
20 This company is also known as Miju Steel
Manufacturing.
CFR 351.303.1 Such submissions are
subject to verification, in accordance
with section 782(i) of the Tariff Act of
1930, as amended (the Act). Further, in
accordance with 19 CFR 351.303(f)(1)(i),
a copy must be served on every party on
Commerce’s service list.
BILLING CODE 3510–DS–P
Commerce has received timely
requests, in accordance with 19 CFR
351.213(b), for administrative reviews of
various AD and CVD orders with
October anniversary dates.
All deadlines for the submission of
various types of information,
certifications, or comments or actions by
Commerce discussed below refer to the
number of calendar days from the
applicable starting time.
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 17
9. Eew Korea Company
10. Histeel 18
11. Hyundai Rb
12. Hyundai Steel Company 19
13. Kiduck Industries
14. Kum Kang Kind
15. Kumsoo Connecting
16. Miju Steel Mfg.20
19:34 Dec 02, 2022
[FR Doc. 2022–26403 Filed 12–2–22; 8:45 am]
Background
Appendix II—List of Companies Not
Individually Examined
VerDate Sep<11>2014
17. Samkang M&T
18. Seah Fs
19. Seah Steel 21
20. Steel Flower
21. Vesta Co., Ltd.
22. Ycp Co.
With respect to antidumping
administrative reviews, if a producer or
exporter named in this notice of
initiation had no exports, sales, or
entries during the period of review
(POR), it must notify Commerce within
30 days of publication of this notice in
the Federal Register. All submissions
must be filed electronically at https://
access.trade.gov, in accordance with 19
21 This company is also known as Seah Steel
Corporation.
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Frm 00014
Fmt 4703
Sfmt 4703
In the event Commerce limits the
number of respondents for individual
examination for administrative reviews
initiated pursuant to requests made for
the orders identified below, Commerce
intends to select respondents based on
U.S. Customs and Border Protection
(CBP) data for U.S. imports during the
POR. We intend to place the CBP data
on the record within five days of
publication of the initiation notice and
to make our decision regarding
respondent selection within 35 days of
publication of the initiation Federal
Register notice. Comments regarding the
CBP data and respondent selection
should be submitted within seven days
after the placement of the CBP data on
the record of this review. Parties
wishing to submit rebuttal comments
should submit those comments within
five days after the deadline for the
initial comments.
In the event Commerce decides it is
necessary to limit individual
examination of respondents and
conduct respondent selection under
section 777A(c)(2) of the Act, the
following guidelines regarding
collapsing of companies for purposes of
respondent selection will apply. In
general, Commerce has found that
determinations concerning whether
particular companies should be
‘‘collapsed’’ (e.g., treated as a single
entity for purposes of calculating
antidumping duty rates) require a
substantial amount of detailed
information and analysis, which often
require follow-up questions and
analysis. Accordingly, Commerce will
not conduct collapsing analyses at the
respondent selection phase of this
review and will not collapse companies
at the respondent selection phase unless
there has been a determination to
collapse certain companies in a
previous segment of this AD proceeding
(e.g., investigation, administrative
review, new shipper review, or changed
circumstances review). For any
company subject to this review, if
Commerce determined, or continued to
treat, that company as collapsed with
others, Commerce will assume that such
1 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011).
E:\FR\FM\05DEN1.SGM
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Agencies
[Federal Register Volume 87, Number 232 (Monday, December 5, 2022)]
[Notices]
[Pages 74402-74404]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26403]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-809]
Circular Welded Non-Alloy Steel Pipe From the Republic of Korea:
Preliminary Results of Antidumping Duty Administrative Review; 2020-
2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that circular welded non-alloy steel pipe (CWP) from the
Republic of Korea (Korea) was sold at prices below normal value for
Husteel Co., Ltd. (Husteel) and not sold at prices below normal value
for Nexteel Co., Ltd. (Nexteel) during the period of review (POR)
November 1, 2020, through October 31, 2021. We invite interested
parties to comment on these preliminary results.
DATES: Applicable December 5, 2022.
FOR FURTHER INFORMATION CONTACT: Dusten Hom and Byeong-hun You, AD/CVD
Operations, Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-5075 and (202)-482-1018,
respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce is conducting an administrative review of the antidumping
duty order on CWP from Korea, in accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act).\1\ On December 28, 2021, in
accordance with 19 CFR 351.221(c)(1)(i), we initiated the
administrative review \2\ of the Order covering 24 producers and/or
exporters, including mandatory respondents, Husteel and Nexteel.\3\ The
remaining companies were not selected for individual examination and
remain subject to this administrative review. For a complete
description of the events that followed the initiation of this review,
see the Preliminary Decision Memorandum.\4\
---------------------------------------------------------------------------
\1\ 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) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 73734 (December 28, 2021).
\3\ See Memorandum, ``Antidumping Duty Administrative Review of
Circular Welded Non-Alloy Steel Pipe from the Republic of Korea:
Respondent Selection,'' dated February 2, 2022.
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative Review and Preliminary
Determination of No Shipments: Circular Welded Non-Alloy Steel Pipe
from the Republic of Korea; 2020-2021,'' dated concurrently with,
and hereby adopted by, this notice (Preliminary Decision
Memorandum).
---------------------------------------------------------------------------
On July 14, 2022, Commerce extended the time limit for issuing the
preliminary results of this review by 120 days, to no later than
November 30, 2022.\5\
---------------------------------------------------------------------------
\5\ See Memorandum, ``Circular Welded Non-Alloy Steel Pipe from
the Republic of Korea: Extension of Deadline for Preliminary Results
of 2019-2020 Antidumping Administrative Review,'' dated July 14,
2022.
---------------------------------------------------------------------------
Scope of the Order
The merchandise subject to the Order is CWP from Korea. A full
description of the scope, see the Preliminary Decision Memorandum.\6\
---------------------------------------------------------------------------
\6\ For a full description of the scope of the Order, see
Preliminary Decision Memorandum.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a) of the Act. For a full description of the methodology underlying
these preliminary results, see the Preliminary Decision Memorandum. A
list of the topics discussed in the Preliminary Decision Memorandum is
included as Appendix I 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). ACESS 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.
Rate for Non-Selected 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} .''
In this review, we have preliminarily calculated weighted-average
dumping margins of 13.72 percent for Husteel and 0.00 percent for
Nexteel. For the companies that were not selected for individual
review, we preliminarily assigned a rate based on the rates for the
respondents that were selected for
[[Page 74403]]
individual review, excluding rates that are zero, de minimis, or based
entirely on facts available.\7\ In accordance with the U.S. Court of
Appeals for the Federal Circuit's decision in Albemarle, we are
applying to the twenty-two companies that had reviewable transactions
during the POR the 13.72 percent rate calculated for Husteel.\8\ This
is the only rate determined in this review that is not zero, de
minimis, or based entirely on facts available for individual
respondents and, thus, should be applied to the twenty-two firms not
selected for individual review under section 735(c)(5)(B) of the Act.
---------------------------------------------------------------------------
\7\ See section 735(c)(5)(A) of the Act.
\8\ See Albemarle Corp. v. United States, 821 F.3d 1345 (Fed.
Cir. 2016) (Albemarle).
---------------------------------------------------------------------------
Preliminary Results of the Administrative Review
Commerce preliminarily determines that the following weighted-
average dumping margins exist for the administrative review covering
the period November 1, 2020, through October 31, 2021:
---------------------------------------------------------------------------
\9\ See Appendix II for a full list of these companies.
------------------------------------------------------------------------
Weighted- average dumping margin
Producer/exporter (percent)
------------------------------------------------------------------------
Husteel Co., Ltd..................... 13.72
NEXTEEL Co., Ltd..................... 0.00 (de minimis).
------------------------------------------------------------------------
Review-Specific Average Rate Applicable to the Following Companies
------------------------------------------------------------------------
Other Respondents \9\................ 13.72
------------------------------------------------------------------------
Disclosure
We intend 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 in accordance with 19 CFR
351.224(b).
Public Comment
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs not later than 30 days after the date of publication of this
notice. Rebuttal briefs, limited to issues raised in the case briefs,
may be filed not later than seven days after the date for filing case
briefs.\10\ Commerce modified certain of its requirements for serving
documents containing business proprietary information until further
notice.\11\ 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.\12\
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\10\ See 19 CFR 351.309(d).
\11\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
\12\ See 19 CFR 351.309(c)(2) and (d)(2).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. An electronically filed request for a hearing must be received
successfully in its entirety by Commerce's electronic records system,
ACCESS, by 5:00 p.m. Eastern Time within 30 days after the date of
publication of this notice.\13\ 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. If a request
for a hearing is made, Commerce intends to hold the hearing at a time
and date to be determined. Issues raised in the hearing will be limited
to those raised in the briefs.
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\13\ See 19 CFR 351.310(c); see also 19 CFR 351.303(b)(1).
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Unless the deadline is extended, Commerce intends to issue the
final results of this review, including the results of its analysis of
issues raised by parties in their comments, within 120 days after the
publication of these preliminary results, pursuant to section
751(a)(3)(A) of the Act and 19 CFR 351.213(h).
Assessment Rates
Upon issuing the final results, Commerce will determine, and
Customs and Border Protection (CBP) shall assess, antidumping duties on
all appropriate entries covered by this review. If an examined
respondent's weighted-average dumping margin is above de minimis (i.e.,
0.50 percent) in the final results of this review, we will calculate
importer-specific ad valorem antidumping duty assessment rates based on
the ratio of the total amount of dumping calculated for the importer's
examined U.S. sales and, where possible, the total entered value of
those same sales in accordance with 19 CFR 351.212(b)(1).\14\ We will
instruct CBP to assess antidumping duties on all appropriate entries
covered by this review when the importer-specific assessment rate
calculated in the final results of this review is above de minimis.
Where either the respondent's weighted-average dumping margin is zero
or de minimis within the meaning of 19 CFR 351.106(c)(1), or an
importer-specific assessment rate is zero or de minimis, we will
instruct CBP to liquidate the appropriate entries without regard to
antidumping duties.
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\14\ 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).
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For entries of subject merchandise during the POR produced by
Husteel or Nexteel for which they did not know that the merchandise was
destined for the United States, we will instruct CBP to liquidate those
entries at the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction.\15\
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\15\ 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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For the companies that were not selected for individual
examination, we will instruct CBP to assess antidumping duties at an ad
valorem rate equal to each company's weighted-average dumping margin
determined in the final results of this review.
Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the final results of this
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 upon
publication in the Federal Register of the notice of final results of
administrative review for all shipments of CWP from Korea entered, or
withdrawn from warehouse, for consumption on or after the date of
publication as provided 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 the final results of this administrative review; (2) for
merchandise exported by a company 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,\16\ the all-others rate established in the less-than-
fair-value investigation. These cash deposit requirements, when
imposed,
[[Page 74404]]
shall remain in effect until further notice.
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\16\ See Order.
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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 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 to Interested Parties
Commerce is issuing and publishing the preliminary results of this
review in accordance with sections 751(a)(1) and 777(i) of the Act, and
19 CFR 351.221(b)(4).
Dated: November 29, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Rate for Non-Selected Companies
V. Affiliation
VI. Discussion of the Methodology
VII. Export Price and Constructed Export Price
VIII. Normal Value
IX. Currency Conversion
X. 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 \17\
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\17\ This company is also known as Dongbu Steel Co., Ltd.
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9. Eew Korea Company
10. Histeel \18\
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\18\ This company is also known as HiSteel Co., Ltd.
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11. Hyundai Rb
12. Hyundai Steel Company \19\
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\19\ This company is also known as Hyundai Steel Corporation;
Hyundai Steel; and Hyundai Steel (Pipe Division).
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13. Kiduck Industries
14. Kum Kang Kind
15. Kumsoo Connecting
16. Miju Steel Mfg.\20\
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\20\ This company is also known as Miju Steel Manufacturing.
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17. Samkang M&T
18. Seah Fs
19. Seah Steel \21\
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\21\ This company is also known as Seah Steel Corporation.
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20. Steel Flower
21. Vesta Co., Ltd.
22. Ycp Co.
[FR Doc. 2022-26403 Filed 12-2-22; 8:45 am]
BILLING CODE 3510-DS-P