Large Diameter Welded Pipe From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022, 32729-32731 [2023-10855]
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Federal Register / Vol. 88, No. 98 / Monday, May 22, 2023 / Notices
Sixth, this Order is effective
immediately and shall remain in effect
until November 10, 2026.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023–10871 Filed 5–19–23; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–897]
Large Diameter Welded Pipe From the
Republic of Korea: Preliminary Results
of Antidumping Duty Administrative
Review; 2021–2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that HiSteel Co., Ltd.
(HiSteel) and the non-individuallyexamined companies for which a review
was requested made sales of large
diameter welded pipe (welded pipe)
from the Republic of Korea (Korea) at
prices below normal value (NV), while
Hyundai Steel Company (Hyundai
Steel) did not make sales of the subject
merchandise at prices below NV during
the period of review (POR), May 1,
2021, through April 30, 2022. We invite
interested parties to comment on these
preliminary results.
DATES: Applicable May 22, 2023.
FOR FURTHER INFORMATION CONTACT:
Alexis Cherry or Samantha Kinney, 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) 482–0607 or
(202) 482–2285, respectively.
SUPPLEMENTARY INFORMATION:
ddrumheller on DSK120RN23PROD with NOTICES1
AGENCY:
Background
On May 2, 2019, Commerce published
the antidumping duty order on welded
pipe from Korea.1 On May 2, 2022,
Commerce published a notice of
opportunity to request an administrative
review of the Order for the POR.2
Pursuant to section 751(a)(1) of the
Tariff Act of 1930, as amended (the Act),
and 19 CFR 351.213(b)(1), Commerce
1 See Large Diameter Welded Pipe from the
Republic of Korea: Amended Final Affirmative
Antidumping Determination and Antidumping
Duty Order, 84 FR 18767 (May 2, 2019) (Order).
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review and Join Annual
Inquiry Service List, 87 FR 25619 (May 2, 2022).
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18:54 May 19, 2023
Jkt 259001
received timely requests to conduct an
administrative review of the Order. On
May 31, 2022, the Domestic Interested
Party 3 filed a timely request for review
with respect to 23 companies,4 and
HiSteel, Hyundai Steel, Hyundai RB
Co., Ltd (Hyundai RB), and SeAH Steel
Corporation (SeAH) each individually
timely requested reviews of their
respective entries during the POR.5 On
July 14, 2022, in accordance with 19
CFR 351.221(c)(1)(i), Commerce
initiated an administrative review of the
Order on 23 companies.6 On September
1, 2022, Commerce selected HiSteel and
Hyundai Steel as the mandatory
respondents in this review.7 On April 5,
2023, Commerce determined not to
select a voluntary respondent and
denied voluntary respondent treatment
to SeAH.8
Pursuant to section 751(a)(3)(A) of the
Act, on January 12, 2023, Commerce
determined that it was not practicable to
complete the preliminary results of this
review within 245 days and extended
the deadline for these preliminary
results by 105 days, until May 16,
2023.9
For a detailed description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.10 The
Preliminary Decision Memorandum is a
public document and is available via
Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Preliminary Decision
3 The Domestic Interested Party is the American
Line Pipe Producers Association Trade Committee.
4 See Domestic Interested Party’s Letter, ‘‘Request
for Administrative Review,’’ dated May 31, 2022.
5 See HiSteel’s Letter, ‘‘Request for
Administrative Review,’’ dated May 31, 2022;
Hyundai Steel’s Letter, ‘‘Hyundai Steel’s Request
for Administrative Review,’’ dated May 31, 2022;
Hyundai RB’s Letter, ‘‘Request for Administrative
Review,’’ dated May 31, 2022; and SeAH’s Letter,
‘‘Request for Administrative Review,’’ dated May
31, 2022.
6 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
42144 (July 14, 2022). The 23 companies are
HiSteel, Hyundai Steel and the 21 non-selected
companies listed in Appendix II.
7 See Memorandum, ‘‘Respondent Selection,’’
dated September 1, 2022.
8 See Memorandum, ‘‘Whether to Select
Voluntary Respondents,’’ dated April 5, 2023.
9 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review; 2021–2022,’’ dated January
12, 2023.
10 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of Antidumping Duty
Administrative Review; 2021–2022: Large Diameter
Welded Pipe from the Republic of Korea,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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32729
Memorandum can be found at https://
access.trade.gov/public/FRNoticesList
Layout.aspx.
Scope of the Order
The product covered by the Order is
welded pipe from Korea. For a full
description of the scope, see the
Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review
in accordance with section 751(a) of the
Act. For a full description of the
methodology underlying these
preliminary results, see the Preliminary
Decision Memorandum. A list of topics
included in the Preliminary Decision
Memorandum is included as Appendix
I to this notice.
Rate for Non-Examined Companies
The statute and Commerce’s
regulations do not address the
establishment of a weighted-average
dumping margin to be determined for
companies not selected for individual
examination when Commerce limits its
examination in an administrative review
pursuant to section 777A(c)(2) of the
Act. Generally, Commerce looks to
section 735(c)(5) of the Act, which
provides instructions for calculating the
all-others rate in an investigation, for
guidance when determining the
weighted-average dumping margin for
companies which were not selected for
individual examination in an
administrative review. Under section
735(c)(5)(A) of the Act, the all-others
rate is normally ‘‘an amount equal to the
weighted average of the estimated
weighted average dumping margins
established for exporters and producers
individually investigated, excluding any
zero and de minimis margins, and any
margins determined entirely {on the
basis of facts available}.’’
In this review, the preliminary
weighted-average dumping margin for
HiSteel is not zero, de minimis, or based
entirely on facts otherwise available,
whereas Hyundai Steel’s preliminary
weighted-average dumping margin is
zero. Therefore, Commerce has
preliminarily assigned a weightedaverage dumping margin to the nonexamined companies that is equal to the
weighted-average dumping margin for
HiSteel in accordance with its
practice.11
11 See, e.g., Certain Corrosion-Resistant Steel
Products from Taiwan: Final Results of the
Antidumping Duty Administrative Review and
Final Determination of No Shipments; 2018–1019,
86 FR 28554, 28555 (May 27, 2021).
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Federal Register / Vol. 88, No. 98 / Monday, May 22, 2023 / Notices
Preliminary Results of the Review
We preliminarily determine that the
following weighted-average dumping
margins exist for the period May 1,
2020, through April 30, 2021:
Exporter or producer
Weightedaverage
dumping
margin
(percent)
HiSteel Co., Ltd ..........................
Hyundai Steel Company .............
Non-Examined Companies 12 .....
6.17
0.00
6.17
Disclosure and Public Comment
We intend to disclose the calculations
performed for these preliminary results
to interested parties with an
Administrative Protective Order within
five days after the date of publication of
these preliminary results.13
Pursuant to 19 CFR 351.309(c)(1)(ii),
interested parties may submit case briefs
no later than 30 days after the date of
publication of this notice.14 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.15 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.16
Executive summaries should be limited
to five pages total, including footnotes.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, filed electronically via
ACCESS, within 30 days after the date
of publication of this notice. Requests
should contain: (1) the party’s name,
address, and telephone number; (2) the
number of participants; (3) whether any
participant is a foreign national; and (4)
a list of issues to be discussed. Issues
raised in the hearing will be limited to
those raised in the respective case and
rebuttal briefs. If a request for a hearing
is made, Commerce intends to hold the
hearing at a date and time to be
determined.
ddrumheller on DSK120RN23PROD with NOTICES1
12 See
Appendix II.
19 CFR 351.224(b).
14 See also 19 CFR 351.303 (for general filing
requirements).
15 See 19 CFR 351.309(d); see also Temporary
Rule Modifying AD/CVD Service Requirements Due
to COVID–19, 85 FR 17006 (March 26, 2020); and
Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020)
(Temporary Rule).
16 See 19 CFR 351.309(c)(2) and (d)(2).
13 See
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18:54 May 19, 2023
Jkt 259001
All briefs and hearing requests must
be filed electronically using ACCESS 17
and must be served on interested
parties.18 An electronically filed
document must be received successfully
in its entirety by ACCESS by 5:00 p.m.
Eastern Time. Note that Commerce has
temporarily modified certain of its
requirements for serving documents
containing business proprietary
information, until further notice.19
Assessment Rates
Pursuant to section 751(a)(2)(A) of the
Act and 19 CFR 351.212(b)(1),
Commerce intends to determine, and
U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties
on all appropriate entries of subject
merchandise covered by this review.
Commerce intends to issue assessment
instructions to CBP no earlier than 35
days after the date of publication of the
final results of this administrative
review in the Federal Register. If a
timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
For an individually examined
respondent whose weighted-average
dumping margin is not zero or de
minimis (i.e., less than 0.50 percent),
upon completion of the final results,
Commerce intends to calculate
importer-specific antidumping duty
assessment rates on the basis of the ratio
of the total amount of dumping
calculated for each importer’s examined
sales to the total entered value of those
sales.20 Where we do not have entered
values for all U.S. sales to a particular
importer, we will calculate an importerspecific, per-unit assessment rate on the
basis of the ratio of the total amount of
dumping calculated for the importer’s
examined sales to the total quantity of
those sales. To determine whether an
importer-specific, per-unit assessment
rate is de minimis, in accordance with
19 CFR 351.106(c)(2), we also will
calculate an importer-specific ad
valorem ratio based on estimated
entered values. Where either a
respondent’s weighted-average dumping
margin is zero or de minimis, or an
importer-specific assessment rate is zero
or de minimis, we intend to instruct
17 See
19 CFR 351.303.
19 CFR 351.303(f).
19 See Temporary Rule, 85 FR at 41363.
20 See 19 CFR 351.212(b)(1).
18 See
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CBP to liquidate appropriate entries
without regard to antidumping duties.21
For entries of subject merchandise
during the POR produced by each
individually examined respondent for
which it did not know its merchandise
was destined for the United States, we
intend to instruct CBP to liquidate such
entries at the all-others rate (i.e., 7.08
percent) 22 if there is no rate for the
intermediate company(ies) involved in
the transaction.23
For the companies which were not
selected for individual examination, we
intend to assign an antidumping duty
assessment rate equal to the weightedaverage dumping margin determined for
the non-examined companies in the
final results of review.
The final results of this review shall
be the basis for the assessment of
antidumping duties on entries of
merchandise covered by the final results
of this review and for future cash
deposits of estimated antidumping
duties, where applicable.24
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
this administrative review, as provided
by section 751(a)(2)(C) of the Act: (1) the
cash deposit rate for the companies
listed above will be equal to the
weighted-average dumping margin
established in the final results of this
review, except if the rate is less than
0.50 percent and, therefore, de minimis
within the meaning of 19 CFR
351.106(c)(1), in which case the cash
deposit rate will be zero; (2) for
previously reviewed or investigated
exporters not covered in this review, the
cash deposit rate will continue to be the
company-specific rate published for the
most recently-completed segment of this
proceeding in which the company was
reviewed; (3) if the exporter is not a firm
covered in this review, a prior
completed review, or the less-than-fair
value (LTFV) investigation, but the
producer is, then the cash deposit rate
will be the company-specific rate
established for the most recentlycompleted segment of this proceeding
21 See 19 CFR 351.106(c)(2); see also
Antidumping Proceeding: Calculation of the
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101, 8103
(February 14, 2012).
22 See Order, 84 FR at 18768.
23 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
24 See section 751(a)(2)(C) of the Act.
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Federal Register / Vol. 88, No. 98 / Monday, May 22, 2023 / Notices
for the producer of subject merchandise;
and (4) the cash deposit rate for all other
producers and exporters will continue
to be 7.08 percent, the all-others rate
established in the LTFV investigation.25
These cash deposit requirements,
when imposed, shall remain in effect
until further notice.
Final Results of the Review
Commerce intends to issue the final
results of this administrative review,
including the results of our analysis of
issues raised by the parties in the
written comments, within 120 days of
publication of these preliminary results
in the Federal Register, pursuant to
section 751(a)(3)(A) of the Act and 19
CFR 351.213(h)(1), unless this deadline
is extended.
Notification to Importers
This notice also 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 and/or countervailing
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 and/or
countervailing duties occurred and the
subsequent assessment of double
antidumping duties, and/or an increase
in the amount of antidumping duties by
the amount of the countervailing duties.
Notification to Interested Parties
These preliminary results are issued
and published in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act, and 19 CFR 351.213(h)(2) and
351.221(b)(4).
Dated: May 16, 2023.
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. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
ddrumheller on DSK120RN23PROD with NOTICES1
Appendix II
Review-Specific Average Rate Applicable to
Companies Not Selected for Individual
Review
1. AJU Besteel Co., Ltd.
2. Chang Won Bending Co., Ltd.
3. Daiduck Piping Co., Ltd.
4. Dong Yang Steel Pipe Co., Ltd.
25 See
Order, 84 FR at 18768.
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18:54 May 19, 2023
Jkt 259001
5. Dongbu Incheon Steel Co., Ltd.
6. EEW KHPC Co., Ltd.
7. EEW Korea Co., Ltd.
8. Geumok Tech. Co. Ltd.
9. Hansol Metal Co. Ltd.
10. Husteel Co., Ltd.
11. Hyundai RB Co., Ltd.
12. Il Jin Nts Co. Ltd.
13. Kiduck Industries Co., Ltd.
14. Kum Kang Kind. Co., Ltd.
15. Kumsoo Connecting Co., Ltd.
16. Nexteel Co., Ltd.
17. SeAH Steel Corporation
18. Seonghwa Industrial Co., Ltd.
19. SIN–E B&P Co., Ltd.
20. Steel Flower Co., Ltd.
21. WELTECH Co., Ltd.
[FR Doc. 2023–10855 Filed 5–19–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Agency Information Collection
Activities; Submission to the Office of
Management and Budget (OMB) for
Review and Approval; Comment
Request; Request for Duty-Free Entry
of Scientific Instrument or Apparatus
32731
Frequency: Every time respondent
seeks to import qualifying equipment
duty free.
Respondent’s Obligation: Mandatory.
Legal Authority: 19 U.S.C. 1202; 15
CFR 301.
This information collection request
may be viewed at www.reginfo.gov.
Follow the instructions to view the
Department of Commerce collections
currently under review by OMB.
Written comments and
recommendations for the proposed
information collection should be
submitted within 30 days of the
publication of this notice on the
following website www.reginfo.gov/
public/do/PRAMain. Find this
particular information collection by
selecting ‘‘Currently under 30-day
Review—Open for Public Comments’’ or
by using the search function and
entering either the title of the collection
or the OMB Control Number 0625–0037.
Sheleen Dumas,
Department PRA Clearance Officer, Office of
the Under Secretary for Economic Affairs,
Commerce Department.
[FR Doc. 2023–10876 Filed 5–19–23; 8:45 am]
The Department of Commerce will
submit the following information
collection request to the Office of
Management and Budget (OMB) for
review and clearance in accordance
with the Paperwork Reduction Act of
1995, on or after the date of publication
of this notice. We invite the general
public and other Federal agencies to
comment on proposed, and continuing
information collections, which helps us
assess the impact of our information
collection requirements and minimize
the public’s reporting burden. Public
comments were previously requested
via the Federal Register on March 17,
2023 during a 60-day comment period.
This notice allows for an additional 30
days for public comments.
Agency: Enforcement & Compliance,
International Trade Administration.
Title: Review and Approval; Comment
Request; Request for Duty-Free Entry of
Scientific Instrument or Apparatus.
OMB Control Number: 0625–0037.
Form Number(s): ITA–338P.
Type of Request: Regular Submission
current information collection.
Number of Respondents: 65.
Average Hours per Response: 2 hours.
Burden Hours: 130.
Needs and Uses: The collected
information is necessary in order to
assess a respondent’s eligibility to enter
equipment duty free, consistent with 19
U.S.C. 1202 and 15 CFR 301.
Affected Public: State or local
government; Federal agencies; not forprofit institutions.
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BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Notice of Scope Rulings
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) hereby publishes a list of
scope rulings and circumvention
determinations made during the period
January 1, 2023, through March 31,
2023. We intend to publish future lists
after the close of the next calendar
quarter.
AGENCY:
DATES:
Applicable May 22, 2023.
FOR FURTHER INFORMATION CONTACT:
Marcia E. Short, 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:
202–482–1560.
SUPPLEMENTARY INFORMATION:
Background
Commerce regulations provide that it
will publish in the Federal Register a
list of scope rulings on a quarterly
basis.1 Our most recent notification of
1 See
E:\FR\FM\22MYN1.SGM
19 CFR 351.225(o).
22MYN1
Agencies
[Federal Register Volume 88, Number 98 (Monday, May 22, 2023)]
[Notices]
[Pages 32729-32731]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10855]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-897]
Large Diameter Welded Pipe From the Republic of Korea:
Preliminary Results of Antidumping Duty Administrative Review; 2021-
2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that HiSteel Co., Ltd. (HiSteel) and the non-individually-
examined companies for which a review was requested made sales of large
diameter welded pipe (welded pipe) from the Republic of Korea (Korea)
at prices below normal value (NV), while Hyundai Steel Company (Hyundai
Steel) did not make sales of the subject merchandise at prices below NV
during the period of review (POR), May 1, 2021, through April 30, 2022.
We invite interested parties to comment on these preliminary results.
DATES: Applicable May 22, 2023.
FOR FURTHER INFORMATION CONTACT: Alexis Cherry or Samantha Kinney, 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) 482-0607 or (202)
482-2285, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 2, 2019, Commerce published the antidumping duty order on
welded pipe from Korea.\1\ On May 2, 2022, Commerce published a notice
of opportunity to request an administrative review of the Order for the
POR.\2\ Pursuant to section 751(a)(1) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.213(b)(1), Commerce received timely
requests to conduct an administrative review of the Order. On May 31,
2022, the Domestic Interested Party \3\ filed a timely request for
review with respect to 23 companies,\4\ and HiSteel, Hyundai Steel,
Hyundai RB Co., Ltd (Hyundai RB), and SeAH Steel Corporation (SeAH)
each individually timely requested reviews of their respective entries
during the POR.\5\ On July 14, 2022, in accordance with 19 CFR
351.221(c)(1)(i), Commerce initiated an administrative review of the
Order on 23 companies.\6\ On September 1, 2022, Commerce selected
HiSteel and Hyundai Steel as the mandatory respondents in this
review.\7\ On April 5, 2023, Commerce determined not to select a
voluntary respondent and denied voluntary respondent treatment to
SeAH.\8\
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\1\ See Large Diameter Welded Pipe from the Republic of Korea:
Amended Final Affirmative Antidumping Determination and Antidumping
Duty Order, 84 FR 18767 (May 2, 2019) (Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review and Join Annual Inquiry Service List, 87 FR 25619 (May 2,
2022).
\3\ The Domestic Interested Party is the American Line Pipe
Producers Association Trade Committee.
\4\ See Domestic Interested Party's Letter, ``Request for
Administrative Review,'' dated May 31, 2022.
\5\ See HiSteel's Letter, ``Request for Administrative Review,''
dated May 31, 2022; Hyundai Steel's Letter, ``Hyundai Steel's
Request for Administrative Review,'' dated May 31, 2022; Hyundai
RB's Letter, ``Request for Administrative Review,'' dated May 31,
2022; and SeAH's Letter, ``Request for Administrative Review,''
dated May 31, 2022.
\6\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 42144 (July 14, 2022). The 23
companies are HiSteel, Hyundai Steel and the 21 non-selected
companies listed in Appendix II.
\7\ See Memorandum, ``Respondent Selection,'' dated September 1,
2022.
\8\ See Memorandum, ``Whether to Select Voluntary Respondents,''
dated April 5, 2023.
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Pursuant to section 751(a)(3)(A) of the Act, on January 12, 2023,
Commerce determined that it was not practicable to complete the
preliminary results of this review within 245 days and extended the
deadline for these preliminary results by 105 days, until May 16,
2023.\9\
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\9\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review; 2021-2022,''
dated January 12, 2023.
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For a detailed description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\10\
The Preliminary Decision Memorandum is a public document and is
available via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov. In
addition, a complete version of the Preliminary Decision Memorandum can
be found at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------
\10\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative Review; 2021-2022: Large
Diameter Welded Pipe from the Republic of Korea,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The product covered by the Order is welded pipe from Korea. For a
full description of the scope, see the Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a) of the Act. For a full description of the methodology underlying
these preliminary results, see the Preliminary Decision Memorandum. A
list of topics included in the Preliminary Decision Memorandum is
included as Appendix I to this notice.
Rate for Non-Examined Companies
The statute and Commerce's regulations do not address the
establishment of a weighted-average dumping margin to be determined for
companies not selected for individual examination when Commerce limits
its examination in an administrative review pursuant to section
777A(c)(2) of the Act. Generally, Commerce looks to section 735(c)(5)
of the Act, which provides instructions for calculating the all-others
rate in an investigation, for guidance when determining the weighted-
average dumping margin for companies which were not selected for
individual examination in an administrative review. Under section
735(c)(5)(A) of the Act, the all-others rate is normally ``an amount
equal to the weighted average of the estimated weighted average dumping
margins established for exporters and producers individually
investigated, excluding any zero and de minimis margins, and any
margins determined entirely {on the basis of facts available{time} .''
In this review, the preliminary weighted-average dumping margin for
HiSteel is not zero, de minimis, or based entirely on facts otherwise
available, whereas Hyundai Steel's preliminary weighted-average dumping
margin is zero. Therefore, Commerce has preliminarily assigned a
weighted-average dumping margin to the non-examined companies that is
equal to the weighted-average dumping margin for HiSteel in accordance
with its practice.\11\
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\11\ See, e.g., Certain Corrosion-Resistant Steel Products from
Taiwan: Final Results of the Antidumping Duty Administrative Review
and Final Determination of No Shipments; 2018-1019, 86 FR 28554,
28555 (May 27, 2021).
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[[Page 32730]]
Preliminary Results of the Review
We preliminarily determine that the following weighted-average
dumping margins exist for the period May 1, 2020, through April 30,
2021:
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\12\ See Appendix II.
------------------------------------------------------------------------
Weighted-
average
Exporter or producer dumping
margin
(percent)
------------------------------------------------------------------------
HiSteel Co., Ltd............................................ 6.17
Hyundai Steel Company....................................... 0.00
Non-Examined Companies \12\................................. 6.17
------------------------------------------------------------------------
Disclosure and Public Comment
We intend to disclose the calculations performed for these
preliminary results to interested parties with an Administrative
Protective Order within five days after the date of publication of
these preliminary results.\13\
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\13\ See 19 CFR 351.224(b).
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Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit
case briefs no later than 30 days after the date of publication of this
notice.\14\ 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.\15\ 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.\16\ Executive summaries should be limited
to five pages total, including footnotes.
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\14\ See also 19 CFR 351.303 (for general filing requirements).
\15\ See 19 CFR 351.309(d); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19, 85 FR 17006 (March 26,
2020); and Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10,
2020) (Temporary Rule).
\16\ 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, within 30 days after the date of publication of this notice.
Requests should contain: (1) the party's name, address, and telephone
number; (2) the number of participants; (3) whether any participant is
a foreign national; and (4) a list of issues to be discussed. Issues
raised in the hearing will be limited to those raised in the respective
case and rebuttal briefs. If a request for a hearing is made, Commerce
intends to hold the hearing at a date and time to be determined.
All briefs and hearing requests must be filed electronically using
ACCESS \17\ and must be served on interested parties.\18\ An
electronically filed document must be received successfully in its
entirety by ACCESS by 5:00 p.m. Eastern Time. Note that Commerce has
temporarily modified certain of its requirements for serving documents
containing business proprietary information, until further notice.\19\
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\17\ See 19 CFR 351.303.
\18\ See 19 CFR 351.303(f).
\19\ See Temporary Rule, 85 FR at 41363.
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Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR
351.212(b)(1), Commerce intends to determine, and U.S. Customs and
Border Protection (CBP) shall assess, antidumping duties on all
appropriate entries of subject merchandise covered by this review.
Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the final results of this
administrative review in the Federal Register. If a timely summons is
filed at the U.S. Court of International Trade, the assessment
instructions will direct CBP not to liquidate relevant entries until
the time for parties to file a request for a statutory injunction has
expired (i.e., within 90 days of publication).
For an individually examined respondent whose weighted-average
dumping margin is not zero or de minimis (i.e., less than 0.50
percent), upon completion of the final results, Commerce intends to
calculate importer-specific antidumping duty assessment rates on the
basis of the ratio of the total amount of dumping calculated for each
importer's examined sales to the total entered value of those
sales.\20\ Where we do not have entered values for all U.S. sales to a
particular importer, we will calculate an importer-specific, per-unit
assessment rate on the basis of the ratio of the total amount of
dumping calculated for the importer's examined sales to the total
quantity of those sales. To determine whether an importer-specific,
per-unit assessment rate is de minimis, in accordance with 19 CFR
351.106(c)(2), we also will calculate an importer-specific ad valorem
ratio based on estimated entered values. Where either a respondent's
weighted-average dumping margin is zero or de minimis, or an importer-
specific assessment rate is zero or de minimis, we intend to instruct
CBP to liquidate appropriate entries without regard to antidumping
duties.\21\
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\20\ See 19 CFR 351.212(b)(1).
\21\ See 19 CFR 351.106(c)(2); see also Antidumping Proceeding:
Calculation of the Weighted-Average Dumping Margin and Assessment
Rate in Certain Antidumping Proceedings; Final Modification, 77 FR
8101, 8103 (February 14, 2012).
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For entries of subject merchandise during the POR produced by each
individually examined respondent for which it did not know its
merchandise was destined for the United States, we intend to instruct
CBP to liquidate such entries at the all-others rate (i.e., 7.08
percent) \22\ if there is no rate for the intermediate company(ies)
involved in the transaction.\23\
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\22\ See Order, 84 FR at 18768.
\23\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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For the companies which were not selected for individual
examination, we intend to assign an antidumping duty assessment rate
equal to the weighted-average dumping margin determined for the non-
examined companies in the final results of review.
The final results of this review shall be the basis for the
assessment of antidumping duties on entries of merchandise covered by
the final results of this review and for future cash deposits of
estimated antidumping duties, where applicable.\24\
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\24\ See section 751(a)(2)(C) of the Act.
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Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) the cash deposit rate for the companies
listed above will be equal to the weighted-average dumping margin
established in the final results of this review, except if the rate is
less than 0.50 percent and, therefore, de minimis within the meaning of
19 CFR 351.106(c)(1), in which case the cash deposit rate will be zero;
(2) for previously reviewed or investigated exporters not covered in
this review, the cash deposit rate will continue to be the company-
specific rate published for the most recently-completed segment of this
proceeding in which the company was reviewed; (3) if the exporter is
not a firm covered in this review, a prior completed review, or the
less-than-fair value (LTFV) investigation, but the producer is, then
the cash deposit rate will be the company-specific rate established for
the most recently-completed segment of this proceeding
[[Page 32731]]
for the producer of subject merchandise; and (4) the cash deposit rate
for all other producers and exporters will continue to be 7.08 percent,
the all-others rate established in the LTFV investigation.\25\
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\25\ See Order, 84 FR at 18768.
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These cash deposit requirements, when imposed, shall remain in
effect until further notice.
Final Results of the Review
Commerce intends to issue the final results of this administrative
review, including the results of our analysis of issues raised by the
parties in the written comments, within 120 days of publication of
these preliminary results in the Federal Register, pursuant to section
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1), unless this deadline
is extended.
Notification to Importers
This notice also 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 and/or countervailing 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 and/or countervailing duties occurred
and the subsequent assessment of double antidumping duties, and/or an
increase in the amount of antidumping duties by the amount of the
countervailing duties.
Notification to Interested Parties
These preliminary results are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.213(h)(2) and 351.221(b)(4).
Dated: May 16, 2023.
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. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
Appendix II
Review-Specific Average Rate Applicable to Companies Not Selected for
Individual Review
1. AJU Besteel Co., Ltd.
2. Chang Won Bending Co., Ltd.
3. Daiduck Piping Co., Ltd.
4. Dong Yang Steel Pipe Co., Ltd.
5. Dongbu Incheon Steel Co., Ltd.
6. EEW KHPC Co., Ltd.
7. EEW Korea Co., Ltd.
8. Geumok Tech. Co. Ltd.
9. Hansol Metal Co. Ltd.
10. Husteel Co., Ltd.
11. Hyundai RB Co., Ltd.
12. Il Jin Nts Co. Ltd.
13. Kiduck Industries Co., Ltd.
14. Kum Kang Kind. Co., Ltd.
15. Kumsoo Connecting Co., Ltd.
16. Nexteel Co., Ltd.
17. SeAH Steel Corporation
18. Seonghwa Industrial Co., Ltd.
19. SIN-E B&P Co., Ltd.
20. Steel Flower Co., Ltd.
21. WELTECH Co., Ltd.
[FR Doc. 2023-10855 Filed 5-19-23; 8:45 am]
BILLING CODE 3510-DS-P