Large Diameter Welded Pipe From the Republic of Korea: Preliminary Results and Partial Rescission of the Countervailing Duty Administrative Review; 2021, 37200-37202 [2023-12113]
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Federal Register / Vol. 88, No. 109 / Wednesday, June 7, 2023 / Notices
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DEPARTMENT OF COMMERCE
International Trade Administration
[C–580–898]
Large Diameter Welded Pipe From the
Republic of Korea: Preliminary Results
and Partial Rescission of the
Countervailing Duty Administrative
Review; 2021
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that countervailable
subsidies are being provided to
producers and exporters of large
diameter welded pipe (welded pipe)
from the Republic of Korea (Korea). The
period of review (POR) is January 1,
2021, through December 31, 2021.
Additionally, we are rescinding this
review with respect to 22 companies.
We invite interested parties to comment
on these preliminary results.
DATES: Applicable June 7, 2023.
FOR FURTHER INFORMATION CONTACT:
Dennis McClure or Jonathan Schueler,
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) 482–5973 or
(202) 482–9175, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On May 31, 2022, we received
multiple requests for an administrative
review 1 of the countervailing duty
(CVD) order on welded pipe from Korea
for the POR.2 On July 14, 2022,
Commerce published the initiation of
this administrative review for 25
producers/exporters of welded pipe
from Korea.3 On August 29, 2022,
Commerce selected Hyundai RB Co.,
Ltd. (Hyundai RB) and SeAH Steel
Corporation (SeAH Steel) as the
mandatory respondents in this
1 See Hyundai RB Co., Ltd.’s Letter, ‘‘Request for
Administrative Review,’’ dated May 31, 2022; see
also SeAH Steel Corporation’s Letter, ‘‘Request for
Administrative Review,’’ dated May 31, 2022;
HiSteel Co., Ltd., ‘‘Request for Administrative
Review,’’ dated May 31, 2022; and Domestic
Interested Party’s Letter, ‘‘Request for
Administrative Review,’’ dated May 31, 2022. The
domestic interested party is the American Line Pipe
Producers Association Trade Committee.
2 See Large Diameter Welded Pipe from the
Republic of Korea: Countervailing Duty Order, 84
FR 18773 (May 2, 2019) (Order).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
42144 (July 14, 2022).
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Federal Register / Vol. 88, No. 109 / Wednesday, June 7, 2023 / Notices
administrative review.4 On January 6,
2023, Commerce extended the deadline
for these preliminary results to no later
than May 31, 2023.5
For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.6 A list of topics
discussed in the Preliminary Decision
Memorandum is included at 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). 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 Order
The merchandise covered by the
Order is welded pipe. For a complete
description of the scope of the Order,
see the Preliminary Decision
Memorandum.
Rescission of Administrative Review, In
Part
On October 12, 2022, the domestic
interested party timely withdrew its
request for administrative review in its
entirety.7 However, Hyundai RB, SeAH
Steel, and HiSteel Co., Ltd. continue to
have outstanding review requests. As
such, because there were no other active
review requests for the 22 companies
listed in Appendix II, we are rescinding
this review, in part, with respect to
these 22 companies, pursuant to 19 CFR
351.213(d)(1).
Methodology
Commerce is conducting this review
in accordance with section 751(a)(l)(A)
of the Tariff Act of 1930, as amended
(the Act). For each of the subsidy
programs found countervailable, we
preliminarily determine that there is a
subsidy, i.e., a government-provided
financial contribution that confers a
benefit to the recipient, and that the
subsidy is specific.8 For a full
description of the methodology
underlying our conclusions, see the
Preliminary Decision Memorandum.
Preliminary Rate for Non-Selected
Companies
The statute and Commerce’s
regulations do not directly address the
CVD rates to be applied to companies
not selected for individual examination
where Commerce limited its
examination in an administrative review
pursuant to section 777A(e)(2) of the
Act. However, Commerce normally
determines the rates for non-selected
companies in reviews in a manner that
is consistent with section 705(c)(5) of
the Act, which provides instructions for
calculating the all-others rate in an
investigation. Section 777A(e)(2) of the
Act provides that ‘‘the individual
countervailable subsidy rates
determined under subparagraph (A)
shall be used to determine the all-others
rate under section 705(c)(5) {of the
Act}.’’ Section 705(c)(5)(A) of the Act
states that for companies not
investigated, in general, we will
determine an all-others rate by weightaveraging the countervailable subsidy
rates established for each of the
companies individually investigated,
excluding zero and de minimis rates or
any rates based solely on the facts
available.
As discussed above, we initiated an
administrative review of 25 companies
and are rescinding the review with
respect to the 22 companies listed in
Appendix II. In addition, Commerce
selected Hyundai RB and SeAH Steel as
mandatory respondents. As such,
HiSteel Co., Ltd., is the only company
subject to this review not selected for
individual examination. Because we
preliminarily determine that only
Hyundai RB received countervailable
subsidies at a rate above de minimis, we
are preliminarily applying the net
subsidy rate calculated for Hyundai RB
to HiSteel Co., Ltd., as the non-selected
rate.
Preliminary Results of the Review
In accordance with 19 CFR
351.221(b)(4)(i), we calculated an
individual net countervailable subsidy
rate for Hyundai RB and SeAH.
Commerce preliminarily determines
that, during the POR, the net
countervailable subsidy rates for the
producers/exporters under review are as
follows:
Net countervailable
subsidy rate
(percent ad valorem)
Company
Hyundai RB Co., Ltd.; and its cross-owned affiliate Shinchang Construction Co., Ltd ..................................................
SeAH Steel Corporation; and its cross-owned affiliates SeAH Holdings Corporation; and ESAB SeAH Corporation ..
HiSteel Co., Ltd ...............................................................................................................................................................
Verification
We intend to disclose to parties to this
proceeding the calculations performed
in reaching the preliminary results
within five days of the date of
publication of this notice.9 Interested
parties will be notified of the timeline
for the submission of case briefs at a
later date.10 Rebuttal briefs, limited to
issues raised in case briefs, may be filed
no later than seven days after the date
for filing case briefs.11 Pursuant to 19
CFR 351.309(c)(2) and (d)(2), parties
who submit arguments are requested to
submit with the argument: (1) a
statement of the issue; (2) a brief
summary of the argument; and (3) a
table of authorities.
Interested parties who wish to request
a hearing must submit a written request
to the Assistant Secretary for
Enforcement and Compliance, U.S.
Department of Commerce, using
Enforcement and Compliance’s ACCESS
4 See Memorandum, ‘‘Respondent Selection,’’
dated August 29, 2022.
5 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Countervailing Duty
Administrative Review; 2020,’’ dated January 6,
2023.
6 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results and Partial Rescission of
the Countervailing Duty Administrative Review;
2021: Large Diameter Welded Pipe from the
Republic of Korea,’’ dated concurrently with, and
hereby adopted by, this notice (Preliminary
Decision Memorandum).
7 See Domestic Interested Party’s Letter,
‘‘Withdrawal of Request for Administrative
Review,’’ dated October 12, 2022.
8 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
9 See 19 CFR 351.224(b).
10 See 19 CFR 351.309(c)(1)(ii).
11 See 19 CFR 351.309(d)(1); see also Temporary
Rule Modifying AD/CVD Service Requirements Due
to COVID–19, 85 FR 17006, 17007 (March 26, 2020).
As provided in section 782(i)(3) of the
Act, Commerce intends to verify the
information relied upon for its final
results of this review.
Disclosure and Public Comment
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1.54.
0.17 (de minimis).
1.54.
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Federal Register / Vol. 88, No. 109 / Wednesday, June 7, 2023 / Notices
system within 30 days of publication of
this notice.12 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 time and date to be
determined. Parties should confirm the
date and time of the hearing two days
before the scheduled date.
Parties are reminded that all briefs
and hearing requests must be filed
electronically using ACCESS and
received successfully in their entirety by
5:00 p.m. Eastern Time on the due date.
Note that Commerce has temporarily
modified certain of its requirements for
serving documents containing business
proprietary information, until further
notice.13
Unless the deadline is extended
pursuant to section 751(a)(3)(A) of the
Act and 19 CFR 351.213(h)(2),
Commerce intends to issue the final
results of this administrative review,
including the results of our analysis of
the issues raised by the parties in any
written briefs, no later than 120 days
after the date of publication of these
preliminary results.
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Assessment Rates
In accordance with 19 CFR
351.221(b)(4)(i), we preliminarily
assigned subsidy rates in the amounts
shown above for the producers/
exporters shown above. Upon
completion of the administrative
review, consistent with section 751(a)(1)
of the Act and 19 CFR 351.212(b)(2),
Commerce shall determine, and U.S.
Customs and Border Protection (CBP)
shall assess, countervailing duties on all
appropriate entries covered by this
review.
For the companies for which this
review is rescinded, we will instruct
CBP to assess countervailing duties on
all appropriate entries at a rate equal to
the cash deposit of estimated
countervailing duties required at the
time of entry, or withdrawal from
warehouse, for consumption, during the
period January 1, 2021, through
December 31, 2021, in accordance with
19 CFR 351.212(c)(l)(i). We intend to
issue assessment instructions to CBP for
these companies no earlier than 35 days
after the date of publication of the
12 See
19 CFR 351.310(c).
Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
13 See
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17:01 Jun 06, 2023
Jkt 259001
preliminary results of this review in the
Federal Register.
For the companies remaining in the
review, we intend 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 Rate
In accordance with section
751(a)(2)(C) of the Act, Commerce
intends, upon publication of the final
results, to instruct CBP to collect cash
deposits of estimated countervailing
duties in the amounts calculated in the
final results for each of the reviewed
companies listed above on shipments of
subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of the final results of this
review, except, where the rate
calculated in the final results is zero or
de minimis, no cash deposit will be
required. For all non-reviewed firms, we
will instruct CBP to continue to collect
cash deposits of estimated
countervailing duties at the all-others
rate as established in the Order (i.e.,
9.29 percent) 14 or the most recent
company-specific rate applicable to the
company, as appropriate. These cash
deposit instructions, when imposed,
shall remain in effect until further
notice.
Notification to Interested Parties
These preliminary results of review
are issued and published pursuant to
sections 751(a)(1) and 777(i)(1) of the
Act, and 19 CFR 351.213(d)(4) and
351.221(b)(4).
Dated: May 31, 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. Period of Review
V. Partial Rescission of Administrative
Review
VI. Diversification of Korea’s Economy
VII. Subsidies Valuation Information
VIII. Benchmarks and Interest Rates
IX. Analysis of Programs
X. Recommendation
14 See
PO 00000
Order, 84 FR at 18775.
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Appendix II
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. Hansol Metal Co. Ltd.
9. Husteel Co., Ltd.15
10. Hyundai Steel Company 16
11. Il Jin Nts Co. Ltd.
12. Kem Solutions Co., Ltd.
13. Kiduck Industries Co., Ltd.
14. Kum Kang Kind. Co., Ltd.
15. Kumsoo Connecting Co., Ltd.
16. Nexteel Co., Ltd.
17. POSCO International Corporation.
18. Samkang M&T Co., Ltd.
19. Seonghwa Industrial Co., Ltd.
20. SIN–E B&P Co., Ltd.
21. Steel Flower Co., Ltd.
22. WELTECH Co., Ltd.
[FR Doc. 2023–12113 Filed 6–6–23; 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; Applications for Inclusion on
the Lists of Arbitrators Under the Data
Privacy Framework Program
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
15 Subject merchandise both produced and
exported by Husteel Co., Ltd. (Husteel) is excluded
from the countervailing duty order. See Large
Diameter Welded Pipe from the Republic of Korea:
Countervailing Duty Order, 84 FR 18773 (May 2,
2019). Thus, Husteel’s inclusion in this
administrative review is limited to entries for which
Husteel was not both the producer and exporter of
the subject merchandise.
16 Subject merchandise both produced and
exported by Hyundai Steel Company (Hyundai
Steel) and subject merchandise produced by
Hyundai Steel and exported by Hyundai
Corporation are excluded from the countervailing
duty order. See Large Diameter Welded Pipe from
the Republic of Korea: Countervailing Duty Order,
84 FR 18773 (May 2, 2019). Thus, Hyundai Steel’s
inclusion in this administrative review is limited to
entries for which Hyundai Steel was not the
producer and exporter of the subject merchandise
and for which Hyundai Steel was not the producer
and Hyundai Corporation was not the exporter of
subject merchandise.
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]]>Agencies
[Federal Register Volume 88, Number 109 (Wednesday, June 7, 2023)]
[Notices]
[Pages 37200-37202]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12113]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-580-898]
Large Diameter Welded Pipe From the Republic of Korea:
Preliminary Results and Partial Rescission of the Countervailing Duty
Administrative Review; 2021
AGENCY: Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that countervailable subsidies are being provided to
producers and exporters of large diameter welded pipe (welded pipe)
from the Republic of Korea (Korea). The period of review (POR) is
January 1, 2021, through December 31, 2021. Additionally, we are
rescinding this review with respect to 22 companies. We invite
interested parties to comment on these preliminary results.
DATES: Applicable June 7, 2023.
FOR FURTHER INFORMATION CONTACT: Dennis McClure or Jonathan Schueler,
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) 482-5973
or (202) 482-9175, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 31, 2022, we received multiple requests for an
administrative review \1\ of the countervailing duty (CVD) order on
welded pipe from Korea for the POR.\2\ On July 14, 2022, Commerce
published the initiation of this administrative review for 25
producers/exporters of welded pipe from Korea.\3\ On August 29, 2022,
Commerce selected Hyundai RB Co., Ltd. (Hyundai RB) and SeAH Steel
Corporation (SeAH Steel) as the mandatory respondents in this
[[Page 37201]]
administrative review.\4\ On January 6, 2023, Commerce extended the
deadline for these preliminary results to no later than May 31,
2023.\5\
---------------------------------------------------------------------------
\1\ See Hyundai RB Co., Ltd.'s Letter, ``Request for
Administrative Review,'' dated May 31, 2022; see also SeAH Steel
Corporation's Letter, ``Request for Administrative Review,'' dated
May 31, 2022; HiSteel Co., Ltd., ``Request for Administrative
Review,'' dated May 31, 2022; and Domestic Interested Party's
Letter, ``Request for Administrative Review,'' dated May 31, 2022.
The domestic interested party is the American Line Pipe Producers
Association Trade Committee.
\2\ See Large Diameter Welded Pipe from the Republic of Korea:
Countervailing Duty Order, 84 FR 18773 (May 2, 2019) (Order).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 42144 (July 14, 2022).
\4\ See Memorandum, ``Respondent Selection,'' dated August 29,
2022.
\5\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review; 2020,'' dated
January 6, 2023.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\6\
A list of topics discussed in the Preliminary Decision Memorandum is
included at 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). 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.
---------------------------------------------------------------------------
\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results and Partial Rescission of the Countervailing Duty
Administrative Review; 2021: 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 merchandise covered by the Order is welded pipe. For a complete
description of the scope of the Order, see the Preliminary Decision
Memorandum.
Rescission of Administrative Review, In Part
On October 12, 2022, the domestic interested party timely withdrew
its request for administrative review in its entirety.\7\ However,
Hyundai RB, SeAH Steel, and HiSteel Co., Ltd. continue to have
outstanding review requests. As such, because there were no other
active review requests for the 22 companies listed in Appendix II, we
are rescinding this review, in part, with respect to these 22
companies, pursuant to 19 CFR 351.213(d)(1).
---------------------------------------------------------------------------
\7\ See Domestic Interested Party's Letter, ``Withdrawal of
Request for Administrative Review,'' dated October 12, 2022.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a)(l)(A) of the Tariff Act of 1930, as amended (the Act). For each
of the subsidy programs found countervailable, we preliminarily
determine that there is a subsidy, i.e., a government-provided
financial contribution that confers a benefit to the recipient, and
that the subsidy is specific.\8\ For a full description of the
methodology underlying our conclusions, see the Preliminary Decision
Memorandum.
---------------------------------------------------------------------------
\8\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------
Preliminary Rate for Non-Selected Companies
The statute and Commerce's regulations do not directly address the
CVD rates to be applied to companies not selected for individual
examination where Commerce limited its examination in an administrative
review pursuant to section 777A(e)(2) of the Act. However, Commerce
normally determines the rates for non-selected companies in reviews in
a manner that is consistent with section 705(c)(5) of the Act, which
provides instructions for calculating the all-others rate in an
investigation. Section 777A(e)(2) of the Act provides that ``the
individual countervailable subsidy rates determined under subparagraph
(A) shall be used to determine the all-others rate under section
705(c)(5) {of the Act{time} .'' Section 705(c)(5)(A) of the Act states
that for companies not investigated, in general, we will determine an
all-others rate by weight-averaging the countervailable subsidy rates
established for each of the companies individually investigated,
excluding zero and de minimis rates or any rates based solely on the
facts available.
As discussed above, we initiated an administrative review of 25
companies and are rescinding the review with respect to the 22
companies listed in Appendix II. In addition, Commerce selected Hyundai
RB and SeAH Steel as mandatory respondents. As such, HiSteel Co., Ltd.,
is the only company subject to this review not selected for individual
examination. Because we preliminarily determine that only Hyundai RB
received countervailable subsidies at a rate above de minimis, we are
preliminarily applying the net subsidy rate calculated for Hyundai RB
to HiSteel Co., Ltd., as the non-selected rate.
Preliminary Results of the Review
In accordance with 19 CFR 351.221(b)(4)(i), we calculated an
individual net countervailable subsidy rate for Hyundai RB and SeAH.
Commerce preliminarily determines that, during the POR, the net
countervailable subsidy rates for the producers/exporters under review
are as follows:
------------------------------------------------------------------------
Net countervailable subsidy
Company rate (percent ad valorem)
------------------------------------------------------------------------
Hyundai RB Co., Ltd.; and its cross-owned 1.54.
affiliate Shinchang Construction Co., Ltd.
SeAH Steel Corporation; and its cross-owned 0.17 (de minimis).
affiliates SeAH Holdings Corporation; and
ESAB SeAH Corporation.
HiSteel Co., Ltd........................... 1.54.
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Verification
As provided in section 782(i)(3) of the Act, Commerce intends to
verify the information relied upon for its final results of this
review.
Disclosure and Public Comment
We intend to disclose to parties to this proceeding the
calculations performed in reaching the preliminary results within five
days of the date of publication of this notice.\9\ Interested parties
will be notified of the timeline for the submission of case briefs at a
later date.\10\ Rebuttal briefs, limited to issues raised in case
briefs, may be filed no later than seven days after the date for filing
case briefs.\11\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties
who submit arguments are requested to submit with the argument: (1) a
statement of the issue; (2) a brief summary of the argument; and (3) a
table of authorities.
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\9\ See 19 CFR 351.224(b).
\10\ See 19 CFR 351.309(c)(1)(ii).
\11\ See 19 CFR 351.309(d)(1); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007
(March 26, 2020).
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Interested parties who wish to request a hearing must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, U.S. Department of Commerce, using Enforcement and
Compliance's ACCESS
[[Page 37202]]
system within 30 days of publication of this notice.\12\ 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 time and date to be determined.
Parties should confirm the date and time of the hearing two days before
the scheduled date.
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\12\ See 19 CFR 351.310(c).
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Parties are reminded that all briefs and hearing requests must be
filed electronically using ACCESS and received successfully in their
entirety by 5:00 p.m. Eastern Time on the due date. Note that Commerce
has temporarily modified certain of its requirements for serving
documents containing business proprietary information, until further
notice.\13\
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\13\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act and 19 CFR 351.213(h)(2), Commerce intends to issue the final
results of this administrative review, including the results of our
analysis of the issues raised by the parties in any written briefs, no
later than 120 days after the date of publication of these preliminary
results.
Assessment Rates
In accordance with 19 CFR 351.221(b)(4)(i), we preliminarily
assigned subsidy rates in the amounts shown above for the producers/
exporters shown above. Upon completion of the administrative review,
consistent with section 751(a)(1) of the Act and 19 CFR 351.212(b)(2),
Commerce shall determine, and U.S. Customs and Border Protection (CBP)
shall assess, countervailing duties on all appropriate entries covered
by this review.
For the companies for which this review is rescinded, we will
instruct CBP to assess countervailing duties on all appropriate entries
at a rate equal to the cash deposit of estimated countervailing duties
required at the time of entry, or withdrawal from warehouse, for
consumption, during the period January 1, 2021, through December 31,
2021, in accordance with 19 CFR 351.212(c)(l)(i). We intend to issue
assessment instructions to CBP for these companies no earlier than 35
days after the date of publication of the preliminary results of this
review in the Federal Register.
For the companies remaining in the review, we intend 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 Rate
In accordance with section 751(a)(2)(C) of the Act, Commerce
intends, upon publication of the final results, to instruct CBP to
collect cash deposits of estimated countervailing duties in the amounts
calculated in the final results for each of the reviewed companies
listed above on shipments of subject merchandise entered, or withdrawn
from warehouse, for consumption on or after the date of publication of
the final results of this review, except, where the rate calculated in
the final results is zero or de minimis, no cash deposit will be
required. For all non-reviewed firms, we will instruct CBP to continue
to collect cash deposits of estimated countervailing duties at the all-
others rate as established in the Order (i.e., 9.29 percent) \14\ or
the most recent company-specific rate applicable to the company, as
appropriate. These cash deposit instructions, when imposed, shall
remain in effect until further notice.
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\14\ See Order, 84 FR at 18775.
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Notification to Interested Parties
These preliminary results of review are issued and published
pursuant to sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.213(d)(4) and 351.221(b)(4).
Dated: May 31, 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. Period of Review
V. Partial Rescission of Administrative Review
VI. Diversification of Korea's Economy
VII. Subsidies Valuation Information
VIII. Benchmarks and Interest Rates
IX. Analysis of Programs
X. Recommendation
Appendix II
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. Hansol Metal Co. Ltd.
9. Husteel Co., Ltd.\15\
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\15\ Subject merchandise both produced and exported by Husteel
Co., Ltd. (Husteel) is excluded from the countervailing duty order.
See Large Diameter Welded Pipe from the Republic of Korea:
Countervailing Duty Order, 84 FR 18773 (May 2, 2019). Thus,
Husteel's inclusion in this administrative review is limited to
entries for which Husteel was not both the producer and exporter of
the subject merchandise.
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10. Hyundai Steel Company \16\
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\16\ Subject merchandise both produced and exported by Hyundai
Steel Company (Hyundai Steel) and subject merchandise produced by
Hyundai Steel and exported by Hyundai Corporation are excluded from
the countervailing duty order. See Large Diameter Welded Pipe from
the Republic of Korea: Countervailing Duty Order, 84 FR 18773 (May
2, 2019). Thus, Hyundai Steel's inclusion in this administrative
review is limited to entries for which Hyundai Steel was not the
producer and exporter of the subject merchandise and for which
Hyundai Steel was not the producer and Hyundai Corporation was not
the exporter of subject merchandise.
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11. Il Jin Nts Co. Ltd.
12. Kem Solutions Co., Ltd.
13. Kiduck Industries Co., Ltd.
14. Kum Kang Kind. Co., Ltd.
15. Kumsoo Connecting Co., Ltd.
16. Nexteel Co., Ltd.
17. POSCO International Corporation.
18. Samkang M&T Co., Ltd.
19. Seonghwa Industrial Co., Ltd.
20. SIN-E B&P Co., Ltd.
21. Steel Flower Co., Ltd.
22. WELTECH Co., Ltd.
[FR Doc. 2023-12113 Filed 6-6-23; 8:45 am]
BILLING CODE 3510-DS-P
