Certain Oil Country Tubular Goods From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2021-2022, 69118-69121 [2023-22132]

Download as PDF 69118 Federal Register / Vol. 88, No. 192 / Thursday, October 5, 2023 / Notices is made, Commerce will inform parties of the time and date for the hearing.10 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.11 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 ddrumheller on DSK120RN23PROD with NOTICES1 Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b)(1), Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries of subject merchandise covered by this review.12 If the weighted-average dumping margin for an individually examined respondent is not zero or de minimis (i.e., less than 0.50 percent) in the final results of this review, we will calculate importer-specific ad valorem assessment rates on the basis of the ratio of the total amount of dumping calculated for each importer’s examined sales and the total entered value of such sales in accordance with 19 CFR 351.212(b)(1).13 For any individually examined respondent whose weightedaverage dumping margin is zero or de minimis in the final results of review, or if an importer-specific assessment rate is zero or de minimis, Commerce will instruct CBP to liquidate appropriate entries without regard to antidumping duties.14 Commerce’s ‘‘automatic assessment’’ practice will apply to entries of subject merchandise during the POR produced by Hyundai or POSCO for which the reviewed companies did not know that the merchandise they sold to the intermediary (i.e., a reseller, trading company, or exporter) was destined for 10 See 19 CFR 351.310(d). Temporary Rule. 12 See 19 CFR 351.212(b)(1). 13 See Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings: Final Modification, 77 FR 8101, 8103 (February 14, 2012). 14 Id., 77 FR at 8102–03; see also 19 CFR 351.106(c)(2). 11 See VerDate Sep<11>2014 18:37 Oct 04, 2023 Jkt 262001 the United States.15 In such instances, we will instruct CBP to liquidate unreviewed entries at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction.16 For Dongbu, the company that was not selected for individual examination, we intend to assign an assessment rate based on the weighted average of the cash deposit rates calculated for Hyundai and POSCO, excluding any which are zero, de minimis, or determined entirely on the basis of facts available.17 The final results of this administrative 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.18 Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of the final results of this review in the Federal Register. If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired (i.e., within 90 days of publication). Cash Deposit Requirements The following deposit requirements will be effective upon publication in the Federal Register of final results of this administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication, 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 weightedaverage dumping margin established in the final results of this administrative 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 investigated or reviewed companies not covered in this review, the cash deposit rate will continue to be the company-specific cash deposit rate published for the most recently completed segment of this proceeding in which the company participated; (3) if the exporter is not a firm covered in this review, a prior review, or the LTFV investigation, but the manufacturer is, 15 See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). 16 See Order. 17 See section 735(c)(5)(A) of the Act. 18 See section 751(a)(2)(C) of the Act. PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 then the cash deposit rate will be the rate established for the most recent segment for the manufacturer of the merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 20.33 percent, the all-others rate established in the LTFV investigation.19 These deposit requirements, when imposed, shall remain in effect until further notice. 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 review period. 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. Notification to Interested Parties These preliminary results of review are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4). Dated: September 29, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix—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 [FR Doc. 2023–22200 Filed 10–4–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–580–870] Certain Oil Country Tubular Goods From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2021–2022 Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: 19 See E:\FR\FM\05OCN1.SGM Order. 05OCN1 Federal Register / Vol. 88, No. 192 / Thursday, October 5, 2023 / Notices The Department of Commerce (Commerce) preliminarily finds that certain oil country tubular goods (OCTG) from the Republic of Korea (Korea) were sold in the United States at prices below normal value. The period of review (POR) is September 1, 2021, through August 31, 2022. Interested parties are invited to comment on these preliminary results. DATES: Applicable October 5, 2023. FOR FURTHER INFORMATION CONTACT: Michael J. Heaney or Mark Flessner, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4475 or (202) 482–6312, respectively. SUPPLEMENTARY INFORMATION: SUMMARY: Background These preliminary results are made in accordance with section 733(b) of the Tariff Act of 1930, as amended (the Act). Commerce published the notice of initiation of this administrative review on November 3, 2022.1 Commerce selected Hyundai Steel Company (Hyundai Steel) and SeAH Steel Corporation (SeAH) as the two mandatory respondents in this review.2 On May 4, 2023, in accordance with section 751(a)(3)(A) of the Act, Commerce extended the preliminary results of review by 119 days, until September 29, 2023.3 For a complete description of the events that followed the initiation of this administrative review, see the Preliminary Decision Memorandum.4 A list of topics included in the Preliminary Decision Memorandum is included as Appendix I to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a ddrumheller on DSK120RN23PROD with NOTICES1 1 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 87 FR 66275 (November 3, 2022). 2 See Memorandum, ‘‘2021–2022 Administrative Review of the Antidumping Duty Order on Oil Country Tubular Goods from the Republic of Korea: Respondent Selection,’’ dated December 8, 2022. 3 See Memorandum, ‘‘Extension of Deadline for Preliminary Results of Antidumping Duty Administrative Review,’’ dated May 4, 2023. 4 See Memorandum, ‘‘Decision Memorandum for the Preliminary Results of the 2021–2022 Administrative Review of the Antidumping Duty Order on Certain Oil Country Tubular Goods from the Republic of Korea’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). VerDate Sep<11>2014 18:37 Oct 04, 2023 Jkt 262001 complete version of the Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/ public/FRNoticesListLayout.aspx. Scope of the Order 5 The product covered by the Order is OCTG from Korea. For a complete description of the scope of the Order, see the Preliminary Decision Memorandum. Methodology Commerce is conducting this administrative review in accordance with section 751(a)(2) of the Act. Commerce has calculated export prices in accordance with section 772(a) of the Act. Constructed export prices have been calculated in accordance with section 772(b) of the Act. Normal value is calculated in accordance with section 773 of the Act. For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. Preliminary Determination of No Shipments On November 8, 2022, HiSteel Co., Ltd. (HiSteel) submitted a letter certifying that it had no exports or sales of subject merchandise into the United States during the POR.6 U.S. Customs and Border Protection (CBP) did not have any information to contradict this claim of no shipments during the POR.7 Therefore, we preliminarily determine that HiSteel did not have any shipments of subject merchandise during the POR. Consistent with Commerce’s practice, we will not rescind the review with respect to HiSteel but will complete the review and issue instructions to CBP based on the final results.8 Certain Oil Country Tubular Goods from India, the Republic of Korea, Taiwan, the Republic of Turkey, and the Socialist Republic of Vietnam: Antidumping Duty Orders; and Certain Oil Country Tubular Goods from the Socialist Republic of Vietnam: Amended Final Determination of Sales at Less Than Fair Value, 79 FR 53691 (September 10, 2014) (Order). 6 See HiSteel’s Letter, ‘‘No Shipments Letter,’’ dated November 8, 2022. 7 See Memorandum, ‘‘Certain Oil Country Tubular Goods from the Republic of Korea 2021– 22: No Shipment Inquiry for HiSteel Co., Ltd., During the Period 09/01/2021 through 08/31/2022,’’ dated September 26, 2023. 8 See, e.g., Certain Frozen Warmwater Shrimp from Thailand; Preliminary Results of Antidumping Duty Administrative Review, Partial Rescission of Review, Preliminary Determination of No Shipments; 2012–2013, 79 FR 15951, 15952 (March 24, 2014), unchanged in Certain Frozen Warmwater Shrimp from Thailand: Final Results of Antidumping Duty Administrative Review, Final Determination of No Shipments, and Partial Rescission of Review; 2012–2013, 79 FR 51306, 51307 (August 28, 2014). Rates for Non-Examined Companies The statute and Commerce’s regulations do not address the rate to be applied to companies not selected for 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}.’’ For these preliminary results, we calculated a dumping margin of 1.18 percent for SeAH and zero percent for Hyundai Steel, the mandatory respondents in this review. Consistent with our normal methodology, we have assigned to the companies not individually examined (see Appendix II for a full list of these companies) a margin of 1.18 percent, which is the margin calculated for SeAH. Preliminary Results of Review Commerce preliminarily finds that, for the period September 1, 2021, through August 31, 2022, the following weighted-average dumping margins exist: Exporter/producer 5 See PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 69119 Hyundai Steel Company ............. SeAH Steel Corporation ............. Non-examined companies 9 ........ Estimated weightedaverage dumping margin (percent) 0.00 1.18 1.18 Disclosure and Public Comment We intend to disclose the calculations performed for these preliminary results to the parties within five days after public announcement of the preliminary results in accordance with 19 CFR 351.224(b). Interested parties may submit case briefs no later than 30 days after the date of publication of these preliminary results of review.10 Rebuttal briefs may be filed no later than seven days after case briefs are due and may 9 See Appendix II. 19 CFR 351.309(c)(ii). 10 See E:\FR\FM\05OCN1.SGM 05OCN1 69120 Federal Register / Vol. 88, No. 192 / Thursday, October 5, 2023 / Notices ddrumheller on DSK120RN23PROD with NOTICES1 respond only to arguments raised in the case briefs.11 Parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) a statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.12 Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice.13 Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, filed electronically via ACCESS. An electronically filed document must be received successfully in its entirety by Commerce’s electronic records system, ACCESS, by 5:00 p.m. Eastern Time within 30 days after the date of publication of this notice.14 Requests should contain: (1) the party’s name, address and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case briefs. Unless otherwise extended, Commerce intends to issue the final results of this administrative review, which will include the results of its analysis of issues raised in any briefs, within 120 days of publication of these preliminary results of review, pursuant to section 751(a)(3)(A) of the Act. Assessment Rate Upon issuance of the final results, Commerce shall determine, and CBP shall assess, antidumping duties on all appropriate entries covered by this review.15 For any individually examined respondents whose weighted-average dumping margin is above de minimis (i.e., greater than or equal to 0.5 percent) in the final results of this review, we will calculate 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 review. For entries of subject merchandise during the POR produced by each respondent for which it did not 11 See 19 CFR 351.309(d). 12 See 19 CFR 351.309(c)(2) and (d)(2). 13 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). 14 See 19 CFR 351.310(c). 15 See 19 CFR 351.212(b)(1). VerDate Sep<11>2014 18:37 Oct 04, 2023 Jkt 262001 know its merchandise was destined for the United States, we will instruct CBP to liquidate such entries at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction.16 Where the individually-selected respondent’s weighted-average dumping margin is zero or de minimis, or an importerspecific assessment rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. For the companies which were not selected for individual review, we intend to assign an assessment rate based on the methodology described in the ‘‘Rates for Non-Examined Companies’’ section. The final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by this review where applicable. 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.17 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 upon publication of the notice of final results of this administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication, as provided by section 751(a)(2) of the Act: (1) the cash deposit rate for the companies listed in the final results of review will be equal to the weighted-average dumping margin established in the final results of this administrative 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 recently completed segment of this proceeding in which they were reviewed; (3) if the exporter is not a firm covered in this 16 For a full discussion of this clarification, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). 17 See Notice of Discontinuation of Policy to Issue Liquidation Instructions After 15 Days in Applicable Antidumping and Countervailing Duty Administrative Proceedings, 86 FR 884 (January 15, 2021). PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 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 recently completed segment of this proceeding for the producer of the merchandise; (4) the cash deposit rate for all other producers or exporters will continue to be 5.24 percent, the all-others rate established in the less-than-fair-value investigation.18 These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Notification to Interested Parties Commerce is issuing and publishing these preliminary results in accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.221(b)(4). Dated: September 28, 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. Rates for Non-Examined Companies V. Preliminary Determination of No Shipments VI. Affiliation VII. Discussion of the Methodology VIII. Currency Conversion IX. Recommendation Appendix II List of Companies Not Individually Examined 1. AJU Besteel Co., Ltd. 2. Dong-A Steel Co., Ltd. 3. Husteel Co., Ltd. 4. ILJIN Steel Corporation 5. K Steel Corporation 6. Keonwoo Metals Co., Ltd. 7. Kukje Steel 8. MSTEEL Co., Ltd. 9. NEXTEEL Co., Ltd. 10. Nissei Trading Co., Ltd. 18 See Certain Oil Country Tubular Goods from the Republic of Korea: Notice of Court Decision Not in Harmony with Final Determination, 81 FR 59603 (August 30, 2016). E:\FR\FM\05OCN1.SGM 05OCN1 Federal Register / Vol. 88, No. 192 / Thursday, October 5, 2023 / Notices 11. POSCO International Corporation 12. Sungwon Steel Co., Ltd. 13. TGS Pipe [FR Doc. 2023–22132 Filed 10–4–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–533–810] Stainless Steel Bar From India: Initiation of Antidumping Duty New Shipper Review Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) has determined that a request for a new shipper review (NSR) of the antidumping duty order on stainless steel bars from India meets the statutory and regulatory requirements for initiation. The period of review (POR) for the NSR is February 1, 2023, through July 31, 2023. DATES: Applicable October 5, 2023. FOR FURTHER INFORMATION CONTACT: Joshua Weiner, 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) 482–3902. SUPPLEMENTARY INFORMATION: AGENCY: ddrumheller on DSK120RN23PROD with NOTICES1 Background Commerce published the antidumping duty order on stainless steel bars from India on February 21, 1995.1 On August 31, 2023, pursuant to section 751(a)(2)(B)(i) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.214(c), Commerce received a timely NSR request from Welspun Specialty Solutions Ltd. (Welspun).2 In its submission, Welspun certified that it is the producer and exporter of the subject merchandise subject to this request for an NSR.3 Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 351.214(b)(2)(i), Welspun certified that it did not export stainless steel bars to the United States during the period of investigation (POI).4 Additionally, pursuant to section 751(a)(2)(B)(i)(II) of the Act and 19 CFR 351.214(b)(2)(iii)(A), Welspun certified that, since the initiation of the investigation, it has not 1 See Antidumping Duty Orders: Stainless Steel Bar from Brazil, India and Japan, 60 FR 9661 (February 21, 1995) (Order). 2 See Welspun’s Letter, ‘‘Request for New Shipper Review,’’ dated August 31, 2023 (NSR Request). 3 See NSR Request at Exhibit NSR–1. 4 Id. VerDate Sep<11>2014 18:37 Oct 04, 2023 Jkt 262001 been affiliated with any producer or exporter that exported stainless steel bars to the United States during the POI, including those not individually examined during the investigation.5 In its submission, pursuant to 19 CFR 351.214(b)(2)(iv), Welspun certified that it would provide necessary information related to the unaffiliated customer in the United States during the NSR. Welspun also provided a certification by its unaffiliated customer of its willingness to participate in the NSR.6 In addition to the certifications described above, pursuant to 19 CFR 351.214(b)(2)(v), Welspun submitted documentation establishing the following: (1) the date on which the subject merchandise was first entered, or withdrawn from warehouse, for consumption; (2) the volume of its first shipment and any subsequent shipments, including whether such shipments were made in commercial quantities; and (3) the date of its first sale and any subsequent sales to an unaffiliated customer in the United States.7 As explained in the Initiation Checklist,8 Commerce conducted a query of U.S. Customs and Border Protection (CBP) data which confirmed that subject merchandise entered the United States for consumption and that liquidation of such entries had been properly suspended for antidumping duties.9 The CBP data examined by Commerce is consistent with information provided by Welspun in its NSR Request. In particular, the CBP data confirm the price and quantity reported by Welspun for the Type 3 sales that form the basis of its NSR Request. Period of Review In accordance with 19 CFR 351.214(g)(1)(i)(B), the POR for an NSR initiated in the month immediately following the semiannual anniversary month will be the six-month period immediately preceding the semiannual anniversary month. Therefore, the POR for this NSR is February 1, 2023, through July 31, 2023. Initiation of NSR Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 351.214(b), and based on the information on the record, we 69121 find that Welspun’s NSR request meets the threshold requirements for initiation of an NSR of its shipments of stainless steel bars to the United States.10 However, if the information supplied by Welspun is later found to be incorrect or insufficient during the course of this NSR, Commerce may rescind the review or apply adverse facts available, pursuant to section 776 of the Act, as appropriate. Pursuant to 19 CFR 351.221(c)(1)(i), Commerce will publish the notice of initiation of an NSR no later than the last day of the month following the anniversary or semiannual anniversary month of the Order. Commerce intends to issue the preliminary results of this review no later than 180 days from the date of initiation, and the final results of this review no later than 90 days after the date the preliminary results are issued.11 We intend to conduct this NSR in accordance with section 751(a)(2)(B) of the Act.12 Because Welspun certified that it exported subject merchandise, the sale of which is the basis for its NSR request, Commerce will instruct CBP to suspend or continue to suspend liquidation of all entries of subject merchandise produced and exported by Welspun. To assist in its analysis of the bona fide nature of Welspun’s sale(s), upon initiation of this NSR, Commerce will require Welspun to submit, on an ongoing basis, complete transaction information concerning any sales of subject merchandise to the United States that were made subsequent to the POR. Interested parties requiring access to proprietary information in this NSR should submit applications for disclosure under administrative protective order in accordance with 19 CFR 351.305 and 351.306. This initiation notice is published in accordance with section 751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i). Dated: September 29, 2023. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2023–22134 Filed 10–4–23; 8:45 am] BILLING CODE 3510–DS–P 5 Id. 6 Id. at Exhibit NSR–2 NSR Request at Exhibits C and D; see also Welspun’s Letter, ‘‘Response to Supplemental Questionnaire,’’ dated September 29, 2023. 8 See Memorandum, ‘‘New Shipper Initiation Checklist,’’ dated concurrently with this notice (Initiation Checklist). 9 See Memorandum, ‘‘Placement of Welspun CBP Data Query Results on the Record’’ dated concurrently with this notice (CBP Release Memo). 7 See PO 00000 Frm 00007 Fmt 4703 Sfmt 9990 10 See, generally, NSR Request. section 751(a)(2)(B)(iii) of the Act. 12 The Act was amended by the Trade Facilitation and Trade Enforcement Act of 2015, which removed from section 751(a)(2)(B) of the Act the provision directing Commerce to instruct CBP to allow an importer the option of posting a bond or security in lieu of a cash deposit during the pendency of an NSR. This was also codified in Commerce’s regulations at 19 CFR 351.214(e). 11 See E:\FR\FM\05OCN1.SGM 05OCN1

Agencies

[Federal Register Volume 88, Number 192 (Thursday, October 5, 2023)]
[Notices]
[Pages 69118-69121]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22132]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-870]


Certain Oil Country Tubular Goods From the Republic of Korea: 
Preliminary Results of Antidumping Duty Administrative Review and 
Preliminary Determination of No Shipments; 2021-2022

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.


[[Page 69119]]


SUMMARY: The Department of Commerce (Commerce) preliminarily finds that 
certain oil country tubular goods (OCTG) from the Republic of Korea 
(Korea) were sold in the United States at prices below normal value. 
The period of review (POR) is September 1, 2021, through August 31, 
2022. Interested parties are invited to comment on these preliminary 
results.

DATES: Applicable October 5, 2023.

FOR FURTHER INFORMATION CONTACT: Michael J. Heaney or Mark Flessner, 
AD/CVD Operations, Office VI, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-4475 or (202) 
482-6312, respectively.

SUPPLEMENTARY INFORMATION:

Background

    These preliminary results are made in accordance with section 
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
published the notice of initiation of this administrative review on 
November 3, 2022.\1\ Commerce selected Hyundai Steel Company (Hyundai 
Steel) and SeAH Steel Corporation (SeAH) as the two mandatory 
respondents in this review.\2\ On May 4, 2023, in accordance with 
section 751(a)(3)(A) of the Act, Commerce extended the preliminary 
results of review by 119 days, until September 29, 2023.\3\
---------------------------------------------------------------------------

    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 66275 (November 3, 2022).
    \2\ See Memorandum, ``2021-2022 Administrative Review of the 
Antidumping Duty Order on Oil Country Tubular Goods from the 
Republic of Korea: Respondent Selection,'' dated December 8, 2022.
    \3\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated May 4, 
2023.
---------------------------------------------------------------------------

    For a complete description of the events that followed the 
initiation of this administrative review, see the Preliminary Decision 
Memorandum.\4\ A list of topics included in the Preliminary Decision 
Memorandum is included as Appendix I to this notice. The Preliminary 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). 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.
---------------------------------------------------------------------------

    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the 2021-2022 Administrative Review of the Antidumping 
Duty Order on Certain Oil Country Tubular Goods from the Republic of 
Korea'' dated concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Order 5
---------------------------------------------------------------------------

    \5\ See Certain Oil Country Tubular Goods from India, the 
Republic of Korea, Taiwan, the Republic of Turkey, and the Socialist 
Republic of Vietnam: Antidumping Duty Orders; and Certain Oil 
Country Tubular Goods from the Socialist Republic of Vietnam: 
Amended Final Determination of Sales at Less Than Fair Value, 79 FR 
53691 (September 10, 2014) (Order).
---------------------------------------------------------------------------

    The product covered by the Order is OCTG from Korea. For a complete 
description of the scope of the Order, see the Preliminary Decision 
Memorandum.

Methodology

    Commerce is conducting this administrative review in accordance 
with section 751(a)(2) of the Act. Commerce has calculated export 
prices in accordance with section 772(a) of the Act. Constructed export 
prices have been calculated in accordance with section 772(b) of the 
Act. Normal value is calculated in accordance with section 773 of the 
Act. For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum.

Preliminary Determination of No Shipments

    On November 8, 2022, HiSteel Co., Ltd. (HiSteel) submitted a letter 
certifying that it had no exports or sales of subject merchandise into 
the United States during the POR.\6\ U.S. Customs and Border Protection 
(CBP) did not have any information to contradict this claim of no 
shipments during the POR.\7\ Therefore, we preliminarily determine that 
HiSteel did not have any shipments of subject merchandise during the 
POR. Consistent with Commerce's practice, we will not rescind the 
review with respect to HiSteel but will complete the review and issue 
instructions to CBP based on the final results.\8\
---------------------------------------------------------------------------

    \6\ See HiSteel's Letter, ``No Shipments Letter,'' dated 
November 8, 2022.
    \7\ See Memorandum, ``Certain Oil Country Tubular Goods from the 
Republic of Korea 2021-22: No Shipment Inquiry for HiSteel Co., 
Ltd., During the Period 09/01/2021 through 08/31/2022,'' dated 
September 26, 2023.
    \8\ See, e.g., Certain Frozen Warmwater Shrimp from Thailand; 
Preliminary Results of Antidumping Duty Administrative Review, 
Partial Rescission of Review, Preliminary Determination of No 
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged 
in Certain Frozen Warmwater Shrimp from Thailand: Final Results of 
Antidumping Duty Administrative Review, Final Determination of No 
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR 51306, 
51307 (August 28, 2014).
---------------------------------------------------------------------------

Rates for Non-Examined Companies

    The statute and Commerce's regulations do not address the rate to 
be applied to companies not selected for 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} .''
    For these preliminary results, we calculated a dumping margin of 
1.18 percent for SeAH and zero percent for Hyundai Steel, the mandatory 
respondents in this review. Consistent with our normal methodology, we 
have assigned to the companies not individually examined (see Appendix 
II for a full list of these companies) a margin of 1.18 percent, which 
is the margin calculated for SeAH.

Preliminary Results of Review

    Commerce preliminarily finds that, for the period September 1, 
2021, through August 31, 2022, the following weighted-average dumping 
margins exist:
---------------------------------------------------------------------------

    \9\ See Appendix II.

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Hyundai Steel Company.......................................        0.00
SeAH Steel Corporation......................................        1.18
Non-examined companies \9\..................................        1.18
------------------------------------------------------------------------

Disclosure and Public Comment

    We intend to disclose the calculations performed for these 
preliminary results to the parties within five days after public 
announcement of the preliminary results in accordance with 19 CFR 
351.224(b). Interested parties may submit case briefs no later than 30 
days after the date of publication of these preliminary results of 
review.\10\ Rebuttal briefs may be filed no later than seven days after 
case briefs are due and may

[[Page 69120]]

respond only to arguments raised in the case briefs.\11\ Parties who 
submit case briefs or rebuttal briefs in this proceeding are encouraged 
to submit with each argument: (1) a statement of the issue; (2) a brief 
summary of the argument; and (3) a table of authorities.\12\ Note that 
Commerce has temporarily modified certain of its requirements for 
serving documents containing business proprietary information, until 
further notice.\13\
---------------------------------------------------------------------------

    \10\ See 19 CFR 351.309(c)(ii).
    \11\ See 19 CFR 351.309(d).
    \12\ See 19 CFR 351.309(c)(2) and (d)(2).
    \13\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS. An electronically filed document must be received successfully 
in its entirety by Commerce's electronic records system, ACCESS, by 
5:00 p.m. Eastern Time within 30 days after the date of publication of 
this notice.\14\ Requests should contain: (1) the party's name, address 
and telephone number; (2) the number of participants; and (3) a list of 
issues to be discussed. Issues raised in the hearing will be limited to 
those raised in the respective case briefs.
---------------------------------------------------------------------------

    \14\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

    Unless otherwise extended, Commerce intends to issue the final 
results of this administrative review, which will include the results 
of its analysis of issues raised in any briefs, within 120 days of 
publication of these preliminary results of review, pursuant to section 
751(a)(3)(A) of the Act.

Assessment Rate

    Upon issuance of the final results, Commerce shall determine, and 
CBP shall assess, antidumping duties on all appropriate entries covered 
by this review.\15\
---------------------------------------------------------------------------

    \15\ See 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------

    For any individually examined respondents whose weighted-average 
dumping margin is above de minimis (i.e., greater than or equal to 0.5 
percent) in the final results of this review, we will calculate 
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 review. For entries of subject 
merchandise during the POR produced by each respondent for which it did 
not know its merchandise was destined for the United States, we will 
instruct CBP to liquidate such entries at the all-others rate if there 
is no rate for the intermediate company(ies) involved in the 
transaction.\16\ Where the individually-selected respondent's weighted-
average dumping margin is zero or de minimis, 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.
---------------------------------------------------------------------------

    \16\ For a full discussion of this clarification, see 
Antidumping and Countervailing Duty Proceedings: Assessment of 
Antidumping Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

    For the companies which were not selected for individual review, we 
intend to assign an assessment rate based on the methodology described 
in the ``Rates for Non-Examined Companies'' section. The final results 
of this review shall be the basis for the assessment of antidumping 
duties on entries of merchandise covered by this review where 
applicable.
    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.\17\ 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).
---------------------------------------------------------------------------

    \17\ See Notice of Discontinuation of Policy to Issue 
Liquidation Instructions After 15 Days in Applicable Antidumping and 
Countervailing Duty Administrative Proceedings, 86 FR 884 (January 
15, 2021).
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the notice of final results of this administrative 
review for all shipments of the subject merchandise entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication, as provided by section 751(a)(2) of the Act: (1) the cash 
deposit rate for the companies listed in the final results of review 
will be equal to the weighted-average dumping margin established in the 
final results of this administrative 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 
recently completed segment of this proceeding in which they were 
reviewed; (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 
recently completed segment of this proceeding for the producer of the 
merchandise; (4) the cash deposit rate for all other producers or 
exporters will continue to be 5.24 percent, the all-others rate 
established in the less-than-fair-value investigation.\18\ These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
---------------------------------------------------------------------------

    \18\ See Certain Oil Country Tubular Goods from the Republic of 
Korea: Notice of Court Decision Not in Harmony with Final 
Determination, 81 FR 59603 (August 30, 2016).
---------------------------------------------------------------------------

Notification to Importers

    This notice serves as a preliminary reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this POR. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of antidumping duties occurred and the subsequent assessment of double 
antidumping duties.

Notification to Interested Parties

    Commerce is issuing and publishing these preliminary results in 
accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR 
351.221(b)(4).

    Dated: September 28, 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. Rates for Non-Examined Companies
V. Preliminary Determination of No Shipments
VI. Affiliation
VII. Discussion of the Methodology
VIII. Currency Conversion
IX. Recommendation

Appendix II

List of Companies Not Individually Examined

1. AJU Besteel Co., Ltd.
2. Dong-A Steel Co., Ltd.
3. Husteel Co., Ltd.
4. ILJIN Steel Corporation
5. K Steel Corporation
6. Keonwoo Metals Co., Ltd.
7. Kukje Steel
8. MSTEEL Co., Ltd.
9. NEXTEEL Co., Ltd.
10. Nissei Trading Co., Ltd.

[[Page 69121]]

11. POSCO International Corporation
12. Sungwon Steel Co., Ltd.
13. TGS Pipe

[FR Doc. 2023-22132 Filed 10-4-23; 8:45 am]
BILLING CODE 3510-DS-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.