Circular Welded Non-Alloy Steel Pipe From the Republic of Korea: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2020-2021, 37852-37854 [2023-12327]
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37852
Federal Register / Vol. 88, No. 111 / Friday, June 9, 2023 / Notices
(ACCESS). ACCESS is available to
registered users at https://access.
trade.gov. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed at
https://access.trade.gov/public/
FRNoticesListLayout.aspx.
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–809]
Final Results of Sunset Review
Pursuant to sections 751(c)(1) and
752(c)(1) and (3) of the Act, Commerce
determines that revocation of the Order
would likely lead to a continuation or
recurrence of dumping and that the
magnitude of the dumping margins
likely to prevail would be weightedaverage margins up to 44.30 percent.
Administrative Protective Order
This notice serves as the only
reminder to parties subject to an
administrative protective order (APO) of
their responsibility concerning the
return/destruction or conversion to
judicial protective order of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305.
Timely notification of the return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing the
results in accordance with sections
751(c), 752(c), and 777(i)(1) of the Act
and 19 CFR 351.218 and
351.221(c)(5)(ii).
Dated: June 5, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix
lotter on DSK11XQN23PROD with NOTICES1
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or
Recurrence of Dumping
2. Magnitude of the Margins of Dumping
Likely to Prevail
VII. Final Results of Sunset Review
VIII. Recommendation
[FR Doc. 2023–12337 Filed 6–8–23; 8:45 am]
BILLING CODE 3510–DS–P
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16:49 Jun 08, 2023
Jkt 259001
Circular Welded Non-Alloy Steel Pipe
From the Republic of Korea: Final
Results of Antidumping Duty
Administrative Review and Final
Determination of No Shipments; 2020–
2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
Husteel Co., Ltd. (Husteel) and certain
producers/exporters subject to this
administrative review made sales of
circular welded non-alloy steel pipe
(CWP) from the Republic of Korea
(Korea) at less than normal value during
the period of review (POR), November 1,
2020, through October 31, 2021. In
addition, Commerce determines that
NEXTEEL Co., Ltd. (NEXTEEL) did not
make sales of subject merchandise in
the United States at prices below NV
during the POR.
DATES: Applicable June 9, 2023.
FOR FURTHER INFORMATION CONTACT:
Dusten Hom, 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.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On December 5, 2022, Commerce
published the Preliminary Results of
this administrative review.1 The review
covers 24 producers and/or exporters of
subject merchandise. We invited
interested parties to comment on the
Preliminary Results. A summary of the
events that occurred since Commerce
published the Preliminary Results, as
well as a full discussion of the issues
raised by parties for these final results,
are discussed in the Issues and Decision
Memorandum.2 Commerce conducted
this review in accordance with section
1 See Circular Welded Non-Alloy Steel Pipe from
the Republic of Korea: Preliminary Results of
Antidumping Duty Administrative Review; 2020–
2021, 87 FR 74402 (December 5, 2021) (Preliminary
Results) and accompanying Preliminary Decision
Memorandum (PDM).
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the 2020–
2021 Administrative Review of the Antidumping
Duty Order on Circular Welded Non-Alloy Steel
Pipe from the Republic of Korea,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
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Frm 00007
Fmt 4703
Sfmt 4703
751(a) of the Tariff Act of 1930, as
amended (the Act).
Scope of the Order 3
The merchandise subject to the Order
is circular welded non-alloy steel pipe
and tube. Imports of the product are
currently classifiable in the Harmonized
Tariff Schedule of the United States
(HTSUS) under subheadings
7306.30.1000, 7306.30.5025,
7306.30.5032, 7306.30.5040,
7306.30.5055, 7306.30.5085, and
7306.30.5090. While the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description is dispositive. For a
complete description of the scope of the
Order, see the Issues and Decision
Memorandum.4
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs filed by parties in this
review are listed in Appendix I to this
notice and addressed in the Issues and
Decision Memorandum. The Issues and
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://access.
trade.gov. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed at
https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
For reasons explained in the Issues
and Decision Memorandum, we made
changes to the macros program to
implement our intended methodology
for cost recovery in quarterly cost and
to no longer overwrite the home market
sales control number (CONNUM)
characteristics. Additionally, we
changed the total cost of manufacturing
variable ‘‘TTOTCOM’’ to ‘‘TOTCOM’’ in
the comparison market program for
consistency. For a more detailed
discussion of the changes, see the Issues
and Decision Memorandum.5
Rate for Non-Examined Companies
The statute and Commerce’s
regulations do not address the
establishment of a rate to be applied to
companies not selected for individual
3 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).
4 Id.
5 Id.
E:\FR\FM\09JNN1.SGM
09JNN1
Federal Register / Vol. 88, No. 111 / Friday, June 9, 2023 / Notices
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 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 calculated a weighted-average
dumping margin for one of the
mandatory respondents, Husteel, that is
not zero, de minimis, or determined
entirely on the basis of facts available.
However, for the second mandatory
respondent, NEXTEEL, we calculated a
weighted-average dumping margin of
zero. Accordingly, Commerce assigned
Husteel’s 12.87 percent weightedaverage dumping margin to the
companies not individually examined
listed in Appendix II.6
Disclosure
We intend to disclose the calculations
performed in connection with these
final results to parties in this proceeding
within five days of the date of
publication of this notice, in accordance
with 19 CFR 351.224(b).
lotter on DSK11XQN23PROD with NOTICES1
Assessment Rates
Pursuant to section 751(a)(2)(C) of the
Act and 19 CFR 351.212(b), Commerce
shall determine, and CBP shall assess,
antidumping duties on all appropriate
entries of subject merchandise in
accordance with the final results of this
review. For any individually examined
respondents whose weighted-average
dumping margin is above de minimis,
we calculated importer-specific ad
valorem duty assessment rates based on
the ratio of the total amount of
antidumping duties calculated for the
examined sales to the total entered
value of the examined sales to that
importer, and we will instruct CBP to
assess antidumping duties on all
appropriate entries covered by this.
Where either the respondent’s weightedaverage 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.
Final Results of Review
For entries of subject merchandise
during the POR produced by Husteel or
We determine that the following
NEXTEEL for which they did not know
weighted-average dumping margins
that the merchandise was destined to
exists for the period November 1, 2020
the United States, we will instruct CBP
through October 31, 2021:
to liquidate those entries at the allWeighted- others rate of 4.80 percent, if there is no
rate for the intermediate company(ies)
average
Producer/exporter
dumping
involved in the transaction.8
margin
Commerce intends to issue
(percent)
assessment instructions to CBP no
earlier than 35 days after the date of
Husteel Co., Ltd ..........................
12.87
publication of the final results of this
NEXTEEL Co., Ltd .....................
0.00
review in the Federal Register. If a
Review-Specific Rate for NonExamined Companies 7 ...........
12.87 timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
6 With two respondents under examination,
not to liquidate relevant entries until the
Commerce normally calculates: (A) a weightedtime for parties to file a request for a
average of the dumping margins calculated for the
statutory injunction has expired (i.e.,
examined respondents; (B) a simple average of the
within 90 days of publication).
dumping margins calculated for the examined
respondents; and (C) a weighted-average of the
dumping margins calculated for the examined
respondents using each company’s publicly-ranged
U.S. sale quantities for the merchandise under
consideration. Commerce then compares (B) and (C)
to (A) and selects the rate closest to (A) as the most
appropriate rate for all other producers and
exporters. See, e.g., Ball Bearings and Parts Thereof
from France, Germany, Italy, Japan, and the United
Kingdom: Final Results of Antidumping Duty
Administrative Reviews, Final Results of ChangedCircumstances Review, and Revocation of an Order
in Part, 75 FR 53661, 53663 (September 1, 2010).
7 See Appendix II for a full list of these
companies.
VerDate Sep<11>2014
16:49 Jun 08, 2023
Jkt 259001
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
this administrative review in the
8 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
37853
Federal Register, as provided for 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 these final results of the review; (2)
for merchandise exported by producers
or exporters 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,9 the allothers rate established in the
investigation. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this POR. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
has occurred and the subsequent
assessment of double antidumping
duties.
Notification Regarding Administrative
Protective Order
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return or destruction
of APO materials or conversion to
judicial protective order is hereby
requested. Failure to comply with the
regulations and the terms of an APO is
a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing this
notice in accordance with sections
9 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).
E:\FR\FM\09JNN1.SGM
09JNN1
37854
Federal Register / Vol. 88, No. 111 / Friday, June 9, 2023 / Notices
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(5).
Dated: June 2, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Chlorinated Isocyanurates From the
People’s Republic of China: Final
Results of Countervailing Duty
Administrative Review; 2020
List of Topics Discussed in the Issues and
Decision Memorandum
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 10
9. Eew Korea Company
10. Histeel 11
11. Hyundai Rb
12. Hyundai Steel Company 12
13. Kiduck Industries
14. Kum Kang Kind
15. Kumsoo Connecting
16. Miju Steel Mfg.13
17. Samkang M&T
18. Seah Fs
19. Seah Steel 14
20. Steel Flower
21. Vesta Co., Ltd.
22. Ycp Co.
Background
On December 6, 2022, Commerce
published the preliminary results of the
2020 administrative review of the
countervailing duty order on
chlorinated isos from China.1 This
review covers two companies, Heze
Huayi Chemical Co., Ltd. (Heze Huayi)
and Juancheng Kangtai Chemical Co.,
Ltd. (Kangtai).2 We invited interested
parties to comment on the Preliminary
Results.3 On February 10, 2023, we
received a case brief from Bio-Lab, Inc.,
Clearon Corp., and Occidental Chemical
Corporation (collectively, the
petitioners).4 On February 16, 2023, we
[FR Doc. 2023–12327 Filed 6–8–23; 8:45 am]
BILLING CODE 3510–DS–P
lotter on DSK11XQN23PROD with NOTICES1
company is also known as Dongbu Steel
Co., Ltd.
11 This company is also known as HiSteel Co.,
Ltd.
12 This company is also known as Hyundai Steel
Corporation; Hyundai Steel; and Hyundai Steel
(Pipe Division).
13 This company is also known as Miju Steel
Manufacturing.
14 This company is also known as Seah Steel
Corporation.
16:49 Jun 08, 2023
Jkt 259001
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
countervailable subsidies are being
provided to the producers and exporters
subject to the administrative review of
chlorinated isocyanurates (chlorinated
isos) from the People’s Republic of
China (China) during the period of
review (POR) January 1, 2020, through
December 31, 2020.
DATES: Applicable June 9, 2023.
FOR FURTHER INFORMATION CONTACT:
Miranda Bourdeau, AD/CVD
Operations, Office V, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–2021.
SUPPLEMENTARY INFORMATION:
AGENCY:
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether Commerce
Incorrectly Overwrote Control Numbers
(CONNUM)
Comment 2: Whether Commerce
Inconsistently Used the Field TOTCOM
Comment 3: Whether Commerce Erred in
Applying its Differential Pricing
Analysis
Comment 4: Whether Commerce Should
Offset Constructed Export Price (CEP)
VI. Recommendation
VerDate Sep<11>2014
International Trade Administration
[C–570–991]
Appendix I
10 This
DEPARTMENT OF COMMERCE
1 See Chlorinated Isocyanurates from the People’s
Republic of China: Preliminary Results of the
Countervailing Duty Administrative Review and
Rescission of Review in Part; 2020, 87 FR 74600
(December 6, 2022) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
2 In the Preliminary Results, we rescinded the
review with respect to an additional company,
Hebei Jiheng Chemicals Co., Ltd. However, we
incorrectly identified the company as ‘‘Hebei Jiheng
Chemical Co., Ltd.,’’ instead of Hebei Jiheng
Chemicals Co., Ltd. See Preliminary Results, 87 FR
at 74601. We are correcting this error for these final
results. The correct company name was published
in the Order. See Chlorinated Isocyanurates from
the People’s Republic of China: Countervailing Duty
Order, 79 FR 67424 (November 13, 2014) (Order).
3 See Preliminary Results, 87 FR at 74602.
4 See Petitioners’ Letter, ‘‘Case Brief of Bio-Lab,
Inc, Clearon Corp., and Occidental Chemical
Corporation,’’ dated February 10, 2023.
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Frm 00009
Fmt 4703
Sfmt 4703
received a timely combined rebuttal
brief from Heze Huayi and Kangtai.5 For
a complete description of the events that
occurred since the Preliminary Results,
see the Issues and Decision
Memorandum.6
Scope of the Order
The products covered by the Order
are chlorinated isos from China. A full
description of the scope of the Order is
contained in the Issues and Decision
Memorandum.
Analysis of Comments Received
All issues raised by interested parties
in briefs are addressed in the Issues and
Decision Memorandum accompanying
this notice. A list of the issues
addressed in the Issues and Decision
Memorandum is provided in the
appendix to this notice. The Issues and
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Commerce evaluated the comments in
the case and rebuttal brief and record
evidence and made no changes from the
Preliminary Results. For a discussion of
the comments, see the Issues and
Decision Memorandum.
Methodology
Commerce conducted this
administrative review in accordance
with section 751(a)(1)(A) of the Tariff
Act of 1930, as amended (the Act). For
each subsidy program found to be
countervailable, Commerce finds that
there is a subsidy, i.e., a financial
contribution from a government or
public entity that gives rise to a benefit
to the recipient, and that the subsidy is
specific.7 For a full description of the
methodology underlying all of
Commerce’s conclusions, including any
5 See Heze Huayi and Kangtai’s Letter,
‘‘Respondents Rebuttal Brief,’’ dated February 16,
2023.
6 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the
Countervailing Duty Administrative Review of
Chlorinated Isocyanurates from the People’s
Republic of China; 2020,’’ dated concurrently with,
and hereby adopted by, this notice (Issues and
Decision Memorandum).
7 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.
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09JNN1
Agencies
[Federal Register Volume 88, Number 111 (Friday, June 9, 2023)]
[Notices]
[Pages 37852-37854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12327]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-809]
Circular Welded Non-Alloy Steel Pipe From the Republic of Korea:
Final Results of Antidumping Duty Administrative Review and Final
Determination of No Shipments; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
Husteel Co., Ltd. (Husteel) and certain producers/exporters subject to
this administrative review made sales of circular welded non-alloy
steel pipe (CWP) from the Republic of Korea (Korea) at less than normal
value during the period of review (POR), November 1, 2020, through
October 31, 2021. In addition, Commerce determines that NEXTEEL Co.,
Ltd. (NEXTEEL) did not make sales of subject merchandise in the United
States at prices below NV during the POR.
DATES: Applicable June 9, 2023.
FOR FURTHER INFORMATION CONTACT: Dusten Hom, 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.
SUPPLEMENTARY INFORMATION:
Background
On December 5, 2022, Commerce published the Preliminary Results of
this administrative review.\1\ The review covers 24 producers and/or
exporters of subject merchandise. We invited interested parties to
comment on the Preliminary Results. A summary of the events that
occurred since Commerce published the Preliminary Results, as well as a
full discussion of the issues raised by parties for these final
results, are discussed in the Issues and Decision Memorandum.\2\
Commerce conducted this review in accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act).
---------------------------------------------------------------------------
\1\ See Circular Welded Non-Alloy Steel Pipe from the Republic
of Korea: Preliminary Results of Antidumping Duty Administrative
Review; 2020-2021, 87 FR 74402 (December 5, 2021) (Preliminary
Results) and accompanying Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2020-2021 Administrative Review of the
Antidumping Duty Order on Circular Welded Non-Alloy Steel Pipe from
the Republic of Korea,'' dated concurrently with, and hereby adopted
by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order 3
---------------------------------------------------------------------------
\3\ See 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).
---------------------------------------------------------------------------
The merchandise subject to the Order is circular welded non-alloy
steel pipe and tube. Imports of the product are currently classifiable
in the Harmonized Tariff Schedule of the United States (HTSUS) under
subheadings 7306.30.1000, 7306.30.5025, 7306.30.5032, 7306.30.5040,
7306.30.5055, 7306.30.5085, and 7306.30.5090. While the HTSUS
subheadings are provided for convenience and customs purposes, the
written description is dispositive. For a complete description of the
scope of the Order, see the Issues and Decision Memorandum.\4\
---------------------------------------------------------------------------
\4\ Id.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs filed by parties
in this review are listed in Appendix I to this notice and addressed in
the Issues and Decision Memorandum. The Issues and Decision Memorandum
is a public document and is on file electronically via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS). ACCESS is available to registered users at
https://access.trade.gov. In addition, a complete version of the Issues
and Decision Memorandum can be accessed at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
For reasons explained in the Issues and Decision Memorandum, we
made changes to the macros program to implement our intended
methodology for cost recovery in quarterly cost and to no longer
overwrite the home market sales control number (CONNUM)
characteristics. Additionally, we changed the total cost of
manufacturing variable ``TTOTCOM'' to ``TOTCOM'' in the comparison
market program for consistency. For a more detailed discussion of the
changes, see the Issues and Decision Memorandum.\5\
---------------------------------------------------------------------------
\5\ Id.
---------------------------------------------------------------------------
Rate for Non-Examined Companies
The statute and Commerce's regulations do not address the
establishment of a rate to be applied to companies not selected for
individual
[[Page 37853]]
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 calculated a weighted-average dumping margin for one of the
mandatory respondents, Husteel, that is not zero, de minimis, or
determined entirely on the basis of facts available. However, for the
second mandatory respondent, NEXTEEL, we calculated a weighted-average
dumping margin of zero. Accordingly, Commerce assigned Husteel's 12.87
percent weighted-average dumping margin to the companies not
individually examined listed in Appendix II.\6\
---------------------------------------------------------------------------
\6\ With two respondents under examination, Commerce normally
calculates: (A) a weighted-average of the dumping margins calculated
for the examined respondents; (B) a simple average of the dumping
margins calculated for the examined respondents; and (C) a weighted-
average of the dumping margins calculated for the examined
respondents using each company's publicly-ranged U.S. sale
quantities for the merchandise under consideration. Commerce then
compares (B) and (C) to (A) and selects the rate closest to (A) as
the most appropriate rate for all other producers and exporters.
See, e.g., Ball Bearings and Parts Thereof from France, Germany,
Italy, Japan, and the United Kingdom: Final Results of Antidumping
Duty Administrative Reviews, Final Results of Changed-Circumstances
Review, and Revocation of an Order in Part, 75 FR 53661, 53663
(September 1, 2010).
---------------------------------------------------------------------------
Final Results of Review
We determine that the following weighted-average dumping margins
exists for the period November 1, 2020 through October 31, 2021:
---------------------------------------------------------------------------
\7\ See Appendix II for a full list of these companies.
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
Husteel Co., Ltd............................................ 12.87
NEXTEEL Co., Ltd............................................ 0.00
Review-Specific Rate for Non-Examined Companies \7\......... 12.87
------------------------------------------------------------------------
Disclosure
We intend to disclose the calculations performed in connection with
these final results to parties in this proceeding within five days of
the date of publication of this notice, in accordance with 19 CFR
351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
Commerce shall determine, and CBP shall assess, antidumping duties on
all appropriate entries of subject merchandise in accordance with the
final results of this review. For any individually examined respondents
whose weighted-average dumping margin is above de minimis, we
calculated importer-specific ad valorem duty assessment rates based on
the ratio of the total amount of antidumping duties calculated for the
examined sales to the total entered value of the examined sales to that
importer, and we will instruct CBP to assess antidumping duties on all
appropriate entries covered by this. 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.
For entries of subject merchandise during the POR produced by
Husteel or NEXTEEL for which they did not know that the merchandise was
destined to the United States, we will instruct CBP to liquidate those
entries at the all-others rate of 4.80 percent, if there is no rate for
the intermediate company(ies) involved in the transaction.\8\
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\8\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the final results of this
review in the Federal Register. If a timely summons is filed at the
U.S. Court of International Trade, the assessment instructions will
direct CBP not to liquidate relevant entries until the time for parties
to file a request for a statutory injunction has expired (i.e., within
90 days of publication).
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the publication date of the final results
of this administrative review in the Federal Register, as provided for
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 these
final results of the review; (2) for merchandise exported by producers
or exporters 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,\9\ the all-
others rate established in the investigation. These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\9\ 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).
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Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties has occurred and the subsequent assessment of
double antidumping duties.
Notification Regarding Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return or
destruction of APO materials or conversion to judicial protective order
is hereby requested. Failure to comply with the regulations and the
terms of an APO is a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections
[[Page 37854]]
751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5).
Dated: June 2, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether Commerce Incorrectly Overwrote Control
Numbers (CONNUM)
Comment 2: Whether Commerce Inconsistently Used the Field TOTCOM
Comment 3: Whether Commerce Erred in Applying its Differential
Pricing Analysis
Comment 4: Whether Commerce Should Offset Constructed Export
Price (CEP)
VI. 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 \10\
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\10\ This company is also known as Dongbu Steel Co., Ltd.
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9. Eew Korea Company
10. Histeel \11\
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\11\ This company is also known as HiSteel Co., Ltd.
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11. Hyundai Rb
12. Hyundai Steel Company \12\
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\12\ 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.\13\
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\13\ This company is also known as Miju Steel Manufacturing.
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17. Samkang M&T
18. Seah Fs
19. Seah Steel \14\
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\14\ 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. 2023-12327 Filed 6-8-23; 8:45 am]
BILLING CODE 3510-DS-P