Large Diameter Welded Pipe From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2021-2022, 71826-71828 [2023-23005]
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71826
Federal Register / Vol. 88, No. 200 / Wednesday, October 18, 2023 / Notices
Background
On July 6, 2023, HA Food requested
that Commerce conduct an expedited
CCR, pursuant to section 751(b)(1) of the
Tariff Act of 1930, as amended (the Act),
19 CFR 351.216, and 19 CFR
351.221(c)(3), to confirm that HA Food
is the successor-in-interest to Highland
Agro for purposes of determining AD
cash deposits and liabilities.1 In its
submission, HA Food stated that, in
2022, Highland Agro undertook a name
change to HA Food and changed its
corporate structure to become a limited
liability company.2
On August 30, 2023, pursuant to 19
CFR 351.221(c)(3)(ii), Commerce
initiated this CCR and published the
Preliminary Results, preliminarily
determining that HA Food is the
successor-in-interest to Highland Agro.3
In the Preliminary Results, we provided
all interested parties with an
opportunity to comment.4 However, we
received no comments.
successor-in-interest to Highland Agro.
As a result of this determination, and
consistent with our established practice,
we find that HA Food should receive
the AD cash deposit rate previously
assigned to Highland Agro. Because
there are no changes from the
Preliminary Results, there is no decision
memorandum accompanying this notice
and the Preliminary Results are hereby
adopted as the final results of this CCR.
Consequently, Commerce will instruct
U.S. Customs and Border Protection to
suspend liquidation of all shipments of
subject merchandise produced and/or
exported by HA Food and entered, or
withdrawn from warehouse, for
consumption on or after the publication
date of this notice in the Federal
Register at 3.88 percent, which is the
current AD cash deposit rate for
Highland Agro.6 This cash deposit
requirement shall remain in effect until
further notice.
Scope of the Order 5
The merchandise subject to the order
is certain frozen warmwater shrimp.
The product is currently classified
under the following Harmonized Tariff
Schedule of the United States (HTSUS)
subheadings: 0306.17.00.03,
0306.17.00.04, 0306.17.00.05,
0306.17.00.06, 0306.17.00.07,
0306.17.00.08, 0306.17.00.09,
0306.17.00.10, 0306.17.00.11,
0306.17.00.12, 0306.17.00.13,
0306.17.00.14, 0306.17.00.15,
0306.17.00.16, 0306.17.00.17,
0306.17.00.18, 0306.17.00.19,
0306.17.00.20, 0306.17.00.21,
0306.17.00.22, 0306.17.00.23,
0306.17.00.24, 0306.17.00.25,
0306.17.00.26, 0306.17.00.27,
0306.17.00.28, 0306.17.00.29,
0306.17.00.40, 0306.17.00.41,
0306.17.00.42, 1605.21.10.30, and
1605.29.10.10. Although the HTSUS
numbers are provided for convenience
and customs purposes, the written
product description remains dispositive.
Administrative Protective Order
ddrumheller on DSK120RN23PROD with NOTICES1
Final Results of CCR
For the reasons stated in the
Preliminary Results, Commerce
continues to find that HA Food is the
18:01 Oct 17, 2023
Jkt 262001
Notification to Interested Parties
We are issuing this determination and
publishing these final results and notice
in accordance with sections 751(b)(1)
and 777(i)(1) and (2) of the Act, and 19
CFR 351.216(e), 351.221(b), and
351.221(c)(3).
Dated: October 11, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2023–22945 Filed 10–17–23; 8:45 am]
BILLING CODE 3510–DS–P
1 See HA Food’s Letter, ‘‘Request for Expedited
Changed Circumstances Review,’’ dated July 6,
2023.
2 Id.
3 See Certain Frozen Warmwater Shrimp from
India: Notice of Initiation and Preliminary Results
of Antidumping Duty Changed Circumstances
Review, 88 FR 59868 (August 30, 2023) (Preliminary
Results), and accompanying Preliminary Decision
Memorandum (PDM).
4 Id.
5 For a complete description of the scope of the
order, see the Preliminary Results PDM at 2.
VerDate Sep<11>2014
This notice serves as the only
reminder to parties subject to an
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of 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.
6 See Certain Frozen Warmwater Shrimp from
India: Final Results of Antidumping Duty
Administrative Review; 2021–2022, 88 FR 60431
(September 1, 2023).
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–897]
Large Diameter Welded Pipe From the
Republic of Korea: Final Results of
Antidumping Duty Administrative
Review; 2021–2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
The U.S. Department of
Commerce (Commerce) determines that
HiSteel Co., Ltd. (HiSteel) and the 21
non-examined companies, for which a
review was requested, made sales of
large diameter welded pipe (welded
pipe) from the Republic of Korea (Korea)
at prices below normal value (NV),
while Hyundai Steel Company
(Hyundai Steel) did not make sales of
the subject merchandise at prices below
NV, during the period of review (POR)
May 1, 2021, through April 30, 2022.
SUMMARY:
DATES:
Applicable October 18, 2023.
FOR FURTHER INFORMATION CONTACT:
Alexis Cherry or Samantha Kinney, AD/
CVD Operations, Office VIII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0607 or
(202) 482–5305, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 22, 2023, Commerce
published its preliminary results in the
2021–2022 administrative review of the
antidumping duty order on welded pipe
from Korea and invited interested
parties to comment.1 A summary of the
events that occurred since publication
of 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 administrative review in
accordance with section 751(a)(1)(B) of
the Tariff Act of 1930, as amended (the
Act).
1 See Large Diameter Welded Pipe from the
Republic of Korea: Preliminary Results of
Antidumping Duty Administrative Review; 2021–
2022, 88 FR 32729 (May 22, 2023) (Preliminary
Results), and accompanying Preliminary Decision
Memorandum (PDM).
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of Antidumping
Duty Administrative Review; 2021–2022: Large
Diameter Welded Pipe from the Republic of Korea,’’
dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
E:\FR\FM\18OCN1.SGM
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Federal Register / Vol. 88, No. 200 / Wednesday, October 18, 2023 / Notices
section 735(c)(5) of the Act, which
provides instructions for calculating the
all-others rate in an investigation, for
guidance when determining the
weighted-average dumping margin for
companies which were not selected for
individual examination in an
administrative review. Under section
735(c)(5)(A) of the Act, the all-others
rate is normally an amount equal to the
weighted average of the estimated
weighted- average dumping margins
established for exporters and producers
individually investigated, excluding
rates that are zero, de minimis or
determined entirely on the basis of facts
available. For these final results of
review, we calculated a weightedaverage dumping margin for Hyundai
Steel of zero and a weighted-average
dumping margin for HiSteel that is not
zero, de minimis, or based entirely on
facts available. Consistent with
Commerce’s practice, we assigned
HiSteel’s weighted-average dumping
margin to the non-examined
companies.4
instructions to CBP no earlier than 35
days after the date of publication of
these final results 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).
Pursuant to 19 CFR 351.212(b)(1),
because HiSteel reported entered value
for all of their U.S. sales, we calculated
importer-specific ad valorem duty
assessment rates based on the ratio of
the total amount of dumping calculated
for the examined sales to the total
entered value of those sales. Where an
importer-specific assessment rate is zero
or de minimis (i.e., less than 0.5
percent), the entries by that importer
will be liquidated without regard to
antidumping duties. Because the
weighted-average dumping margin for
Hyundai Steel is zero percent, we
intend to instruct CBP to liquidate the
appropriate entries without regard to
Analysis of Comments Received
antidumping duties.6
Final Results of the Administrative
Consistent with Commerce’s
All issues raised in parties’ case and
Review
clarification of its assessment practice,
rebuttal briefs are addressed in the
We determine that the following
for entries of subject merchandise
Issues and Decision Memorandum and
weighted-average dumping margins
during the POR produced by any of the
are listed in Appendix I to this notice.
exist for the period May 1, 2021,
above-referenced respondents for which
The Issues and Decision Memorandum
through April 30, 2022:
they did not know the merchandise was
is a public document and is on file
destined for the United States, we will
electronically via Enforcement and
Weightedinstruct CBP to liquidate those entries at
average
Compliance’s Antidumping and
the all-others rate established in the
Producer
or
exporter
dumping
Countervailing Duty Centralized
margin
less-than-fair-value (LTFV) investigation
Electronic Service System (ACCESS).
(percent)
of 7.08 percent ad valorem 7 if there is
ACCESS is available to registered users
no
rate for the intermediate
at https://access.trade.gov. In addition, a HiSteel Co., Ltd ..........................
6.17
company(ies)
involved in the
Hyundai Steel Company .............
0.00
complete version of the Issues and
8
6.17 transaction.
Decision Memorandum can be accessed Non-Examined Companies 5 ......
For the non-examined companies
directly at https://access.trade/gov/
subject to review, we will instruct CBP
Disclosure
public/FRNoticesListLayout.aspx.
to liquidate all applicable entries of
We intend to disclose the calculations subject merchandise during the POR at
Changes Since the Preliminary Results
performed for HiSteel within five days
the rate listed in the table above, which
Based on our analysis of the
of the date of publication of this notice
is equal to the weighted-average
comments received from interested
to parties in this proceeding, in
dumping margin calculated for HiSteel.
parties, Commerce made certain
accordance with 19 CFR 351.224(b).
changes to the margin calculations for
Cash Deposit Requirements
Because we made no changes to our
HiSteel. The Issues and Decision
preliminary weighted-average dumping
The following cash deposit
Memorandum contains descriptions of
margin calculations for Hyundai Steel
requirements will be effective for all
these changes.
there are no calculations to disclose for
shipments of subject merchandise
this company.
Rate for Non-Examined Companies
entered, or withdrawn from warehouse,
for consumption on or after the
Assessment Rates
The statute and Commerce’s
publication date of the final results of
regulations do not address the
Commerce has determined, and U.S.
this administrative review as provided
establishment of a weighted-average
Customs and Border Protection (CBP)
by section 751(a)(2)(C) of the Act: (1) the
dumping margin to be determined for
shall assess, antidumping duties on all
cash deposit rate for the companies
companies not selected for individual
appropriate entries in this review, in
examination when Commerce limits its
accordance with section 751(a)(2)(C) of
6 See Antidumping Proceedings: Calculation of
examination in an administrative review the Act and 19 CFR 351.212(b).
the Weighted-Average Dumping Margin and
pursuant to section 777A(c)(2) of the
Commerce intends to issue assessment
Assessment Rate in Certain Antidumping
Act. Generally, Commerce looks to
Proceedings; Final Modification, 77 FR 8101, 8102
Scope of the Order 3
The merchandise covered by the
Order is welded carbon and alloy steel
pipe (other than stainless steel pipe),
more than 406.4 mm (16 inches) in
nominal outside diameter (large
diameter welded pipe), regardless of
wall thickness, length, surface finish,
grade, end finish, or stenciling. Imports
of the product are currently classifiable
in the Harmonized Tariff Schedule of
the United States (HTSUS) under
subheadings 7305.11.1030,
7305.11.1060, 7305.11.5000,
7305.12.1030, 7305.12.1060,
7305.12.5000, 7305.19.1030,
7305.19.1060, 7305.19.5000,
7305.31.4000, 7305.31.6090,
7305.39.1000 and 7305.39.5000. While
the HTSUS subheadings are provided
for convenience and customs purposes,
the written description of the scope of
this Order is dispositive. For a complete
description of the scope of the Order,
see the Issues and Decision
Memorandum.
ddrumheller on DSK120RN23PROD with NOTICES1
71827
3 See
Large Diameter Welded Pipe from the
Republic of Korea: Amended Final Affirmative
Antidumping Determination and Antidumping
Duty Order, 84 FR 18767 (May 2, 2019) (Order).
VerDate Sep<11>2014
18:01 Oct 17, 2023
Jkt 262001
4 See, e.g., Certain Corrosion-Resistant Steel
Products from the Republic of Korea: Final Results
of Antidumping Duty Administrative Review; 2020–
2021, 88 FR 7406 (February 3, 2023).
5 See Appendix II.
PO 00000
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Fmt 4703
Sfmt 4703
(February 14, 2012).
7 See Order, 84 FR at 18769.
8 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
E:\FR\FM\18OCN1.SGM
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Federal Register / Vol. 88, No. 200 / Wednesday, October 18, 2023 / Notices
listed above will be equal to the
weighted-average dumping margin
established in the final results of the
review; (2) for subject merchandise
exported by a company not covered in
this review but covered in a prior
completed segment of the proceeding,
the cash deposit rate will continue to be
the company-specific rate published in
the completed segment for the most
recent period; (3) if the exporter is not
a firm covered in this review or the
original LTFV investigation, but the
producer is, then the cash deposit rate
will be the rate established in the
completed segment for the most recent
period for the producer of the subject
merchandise; (4) the cash deposit rate
for all other producers or exporters will
continue to be 7.08 percent ad valorem,
the all-others rate established in the
LTFV investigation.9
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 and/or countervailing
duties prior to liquidation of the
relevant entries during this POR. Failure
to comply with this requirement could
result in Commerce’s presumption that
reimbursement of antidumping and/or
countervailing duties occurred and the
subsequent assessment of double
antidumping duties, and/or an increase
in the amount of antidumping duties by
the amount of the countervailing duties.
ddrumheller on DSK120RN23PROD with NOTICES1
Administrative Protective Orders
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 terms of an APO is a
violation subject to sanction.
Notification to Interested Parties
We are issuing and publishing these
results of administrative review in
accordance with sections 751(a) and
777(i) of the Act, and 19 CFR
351.221(b)(5).
9 See
Order, 84 FR at 18768.
VerDate Sep<11>2014
18:01 Oct 17, 2023
Jkt 262001
Dated: October 12, 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 to the Preliminary Results
V. Discussion of the Issues
General Issues
Comment 1: Differential Pricing
HiSteel-Specific Issues
Comment 2: Constructed Export Price
Offset
Comment 3: Annual or Quarterly Cost
Methodology
Comment 4: Selling, General, and
Administrative Expenses
Comment 5: General and Administrative
Expenses Offset
Hyundai Steel-Specific Issues
Comment 6: Correction of Draft Customs
Instructions
SeAH-Specific Issues
Comment 7: Voluntary Respondent
Treatment
VI. Recommendation
Appendix II
Review-Specific Average Rate Applicable to
Companies Not Selected for Individual
Examination
1. AJU Besteel Co., Ltd.
2. Chang Won Bending Co., Ltd.
3. Daiduck Piping Co., Ltd.
4. Dong Yang Steel Pipe Co., Ltd.
5. Dongbu Incheon Steel Co., Ltd.
6. EEW KHPC Co., Ltd.
7. EEW Korea Co., Ltd.
8. Geumok Tech. Co. Ltd.
9. Hansol Metal Co. Ltd.
10. Husteel Co., Ltd.
11. Hyundai RB Co., Ltd.
12. Il Jin Nts Co. Ltd.
13. Kiduck Industries Co., Ltd.
14. Kum Kang Kind. Co., Ltd.
15. Kumsoo Connecting Co., Ltd.
16. Nexteel Co., Ltd.
17. SeAH Steel Corporation
18. Seonghwa Industrial Co., Ltd.
19. SIN–E B&P Co., Ltd.
20. Steel Flower Co., Ltd.
21. WELTECH Co., Ltd.
[FR Doc. 2023–23005 Filed 10–17–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[Application No. 03–6A008]
Export Trade Certificate of Review
Notice of issuance of an
amended Export Trade Certificate of
Review to California Pistachio Export
Council, LLC (CPEC), Application No.
03–6A008.
ACTION:
PO 00000
Frm 00012
Fmt 4703
Sfmt 9990
The Secretary of Commerce,
through the Office of Trade and
Economic Analysis (OTEA), issued an
Export Trade Certificate of Review to
CPEC on September 29, 2023.
FOR FURTHER INFORMATION CONTACT:
Joseph Flynn, Director, OTEA,
International Trade Administration,
(202) 482–5131 (this is not a toll-free
number) or email at etca@trade.gov.
SUPPLEMENTARY INFORMATION: Title III of
the Export Trading Company Act of
1982 (15 U.S.C. 4011–21) (the Act)
authorizes the Secretary of Commerce to
issue Export Trade Certificates of
Review. An Export Trade Certificate of
Review protects the holder and the
members identified in the Certificate
from State and Federal government
antitrust actions and from private treble
damage antitrust actions for the export
conduct specified in the Certificate and
carried out in compliance with its terms
and conditions. The regulations
implementing Title III are found at 15
CFR part 325. OTEA is issuing this
notice pursuant to 15 CFR 325.6(b),
which requires the Secretary of
Commerce to publish a summary of the
certification in the Federal Register.
Under section 305(a) of the Act and 15
CFR 325.11(a), any person aggrieved by
the Secretary’s determination may,
within 30 days of the date of this notice,
bring an action in any appropriate
district court of the United States to set
aside the determination on the ground
that the determination is erroneous.
SUMMARY:
Description of Certified Conduct
CPEC amended its Certificate as
follows:
1. Added the following entity as a
Member of the Certificate within the
meaning of section 325.2(l) of the
Regulations (15 CFR 325.2(l)):
a. Nichols Pistachio
List of Members, as amended:
1. Horizon Nut, LLC
2. Keenan Farms, Inc.
3. Meridian Nut Growers, LLC
4. Monarch Nut Company
5. Nichols Pistachio
6. Primex Farms, LLC
7. Setton Pistachio of Terra Bella, Inc.
8. Zymex Industries, Inc.
The effective date of the amended
certificate is July 10, 2023, the date on
which CPEC’s application to amend was
deemed submitted.
Dated: October 12, 2023.
Joseph Flynn,
Director, Office of Trade and Economic
Analysis, International Trade Administration,
U.S. Department of Commerce.
[FR Doc. 2023–22938 Filed 10–17–23; 8:45 am]
BILLING CODE 3510–DR–P
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]]>Agencies
[Federal Register Volume 88, Number 200 (Wednesday, October 18, 2023)]
[Notices]
[Pages 71826-71828]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23005]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-897]
Large Diameter Welded Pipe From the Republic of Korea: Final
Results of Antidumping Duty Administrative Review; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
HiSteel Co., Ltd. (HiSteel) and the 21 non-examined companies, for
which a review was requested, made sales of large diameter welded pipe
(welded pipe) from the Republic of Korea (Korea) at prices below normal
value (NV), while Hyundai Steel Company (Hyundai Steel) did not make
sales of the subject merchandise at prices below NV, during the period
of review (POR) May 1, 2021, through April 30, 2022.
DATES: Applicable October 18, 2023.
FOR FURTHER INFORMATION CONTACT: Alexis Cherry or Samantha Kinney, AD/
CVD Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-0607 or (202)
482-5305, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 22, 2023, Commerce published its preliminary results in the
2021-2022 administrative review of the antidumping duty order on welded
pipe from Korea and invited interested parties to comment.\1\ A summary
of the events that occurred since publication of 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 administrative review in
accordance with section 751(a)(1)(B) of the Tariff Act of 1930, as
amended (the Act).
---------------------------------------------------------------------------
\1\ See Large Diameter Welded Pipe from the Republic of Korea:
Preliminary Results of Antidumping Duty Administrative Review; 2021-
2022, 88 FR 32729 (May 22, 2023) (Preliminary Results), and
accompanying Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of Antidumping Duty Administrative Review; 2021-2022:
Large Diameter Welded Pipe from the Republic of Korea,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
---------------------------------------------------------------------------
[[Page 71827]]
Scope of the Order 3
---------------------------------------------------------------------------
\3\ See Large Diameter Welded Pipe from the Republic of Korea:
Amended Final Affirmative Antidumping Determination and Antidumping
Duty Order, 84 FR 18767 (May 2, 2019) (Order).
---------------------------------------------------------------------------
The merchandise covered by the Order is welded carbon and alloy
steel pipe (other than stainless steel pipe), more than 406.4 mm (16
inches) in nominal outside diameter (large diameter welded pipe),
regardless of wall thickness, length, surface finish, grade, end
finish, or stenciling. Imports of the product are currently
classifiable in the Harmonized Tariff Schedule of the United States
(HTSUS) under subheadings 7305.11.1030, 7305.11.1060, 7305.11.5000,
7305.12.1030, 7305.12.1060, 7305.12.5000, 7305.19.1030, 7305.19.1060,
7305.19.5000, 7305.31.4000, 7305.31.6090, 7305.39.1000 and
7305.39.5000. While the HTSUS subheadings are provided for convenience
and customs purposes, the written description of the scope of this
Order is dispositive. For a complete description of the scope of the
Order, see the Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised in parties' case and rebuttal briefs are
addressed in the Issues and Decision Memorandum and are listed in
Appendix I 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
Based on our analysis of the comments received from interested
parties, Commerce made certain changes to the margin calculations for
HiSteel. The Issues and Decision Memorandum contains descriptions of
these changes.
Rate for Non-Examined Companies
The statute and Commerce's regulations do not address the
establishment of a weighted-average dumping margin to be determined for
companies not selected for individual examination when Commerce limits
its examination in an administrative review pursuant to section
777A(c)(2) of the Act. Generally, Commerce looks to section 735(c)(5)
of the Act, which provides instructions for calculating the all-others
rate in an investigation, for guidance when determining the weighted-
average dumping margin for companies which were not selected for
individual examination in an administrative review. Under section
735(c)(5)(A) of the Act, the all-others rate is normally an amount
equal to the weighted average of the estimated weighted- average
dumping margins established for exporters and producers individually
investigated, excluding rates that are zero, de minimis or determined
entirely on the basis of facts available. For these final results of
review, we calculated a weighted-average dumping margin for Hyundai
Steel of zero and a weighted-average dumping margin for HiSteel that is
not zero, de minimis, or based entirely on facts available. Consistent
with Commerce's practice, we assigned HiSteel's weighted-average
dumping margin to the non-examined companies.\4\
---------------------------------------------------------------------------
\4\ See, e.g., Certain Corrosion-Resistant Steel Products from
the Republic of Korea: Final Results of Antidumping Duty
Administrative Review; 2020-2021, 88 FR 7406 (February 3, 2023).
---------------------------------------------------------------------------
Final Results of the Administrative Review
We determine that the following weighted-average dumping margins
exist for the period May 1, 2021, through April 30, 2022:
------------------------------------------------------------------------
Weighted-
average
Producer or exporter dumping
margin
(percent)
------------------------------------------------------------------------
HiSteel Co., Ltd............................................ 6.17
Hyundai Steel Company....................................... 0.00
Non-Examined Companies \5\.................................. 6.17
------------------------------------------------------------------------
Disclosure
---------------------------------------------------------------------------
\5\ See Appendix II.
---------------------------------------------------------------------------
We intend to disclose the calculations performed for HiSteel within
five days of the date of publication of this notice to parties in this
proceeding, in accordance with 19 CFR 351.224(b). Because we made no
changes to our preliminary weighted-average dumping margin calculations
for Hyundai Steel there are no calculations to disclose for this
company.
Assessment Rates
Commerce has determined, and U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties on all appropriate entries in
this review, in accordance with section 751(a)(2)(C) of the Act and 19
CFR 351.212(b). Commerce intends to issue assessment instructions to
CBP no earlier than 35 days after the date of publication of these
final results 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).
Pursuant to 19 CFR 351.212(b)(1), because HiSteel reported entered
value for all of their U.S. sales, we calculated importer-specific ad
valorem duty assessment rates based on the ratio of the total amount of
dumping calculated for the examined sales to the total entered value of
those sales. Where an importer-specific assessment rate is zero or de
minimis (i.e., less than 0.5 percent), the entries by that importer
will be liquidated without regard to antidumping duties. Because the
weighted-average dumping margin for Hyundai Steel is zero percent, we
intend to instruct CBP to liquidate the appropriate entries without
regard to antidumping duties.\6\
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\6\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101, 8102 (February 14,
2012).
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Consistent with Commerce's clarification of its assessment
practice, for entries of subject merchandise during the POR produced by
any of the above-referenced respondents for which they did not know the
merchandise was destined for the United States, we will instruct CBP to
liquidate those entries at the all-others rate established in the less-
than-fair-value (LTFV) investigation of 7.08 percent ad valorem \7\ if
there is no rate for the intermediate company(ies) involved in the
transaction.\8\
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\7\ See Order, 84 FR at 18769.
\8\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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For the non-examined companies subject to review, we will instruct
CBP to liquidate all applicable entries of subject merchandise during
the POR at the rate listed in the table above, which is equal to the
weighted-average dumping margin calculated for HiSteel.
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 as provided by section 751(a)(2)(C) of
the Act: (1) the cash deposit rate for the companies
[[Page 71828]]
listed above will be equal to the weighted-average dumping margin
established in the final results of the review; (2) for subject
merchandise exported by a company not covered in this review but
covered in a prior completed segment of the proceeding, the cash
deposit rate will continue to be the company-specific rate published in
the completed segment for the most recent period; (3) if the exporter
is not a firm covered in this review or the original LTFV
investigation, but the producer is, then the cash deposit rate will be
the rate established in the completed segment for the most recent
period for the producer of the subject merchandise; (4) the cash
deposit rate for all other producers or exporters will continue to be
7.08 percent ad valorem, the all-others rate established in the LTFV
investigation.\9\
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\9\ See Order, 84 FR at 18768.
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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 and/or countervailing duties
prior to liquidation of the relevant entries during this POR. Failure
to comply with this requirement could result in Commerce's presumption
that reimbursement of antidumping and/or countervailing duties occurred
and the subsequent assessment of double antidumping duties, and/or an
increase in the amount of antidumping duties by the amount of the
countervailing duties.
Administrative Protective Orders
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
terms of an APO is a violation subject to sanction.
Notification to Interested Parties
We are issuing and publishing these results of administrative
review in accordance with sections 751(a) and 777(i) of the Act, and 19
CFR 351.221(b)(5).
Dated: October 12, 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 to the Preliminary Results
V. Discussion of the Issues
General Issues
Comment 1: Differential Pricing
HiSteel-Specific Issues
Comment 2: Constructed Export Price Offset
Comment 3: Annual or Quarterly Cost Methodology
Comment 4: Selling, General, and Administrative Expenses
Comment 5: General and Administrative Expenses Offset
Hyundai Steel-Specific Issues
Comment 6: Correction of Draft Customs Instructions
SeAH-Specific Issues
Comment 7: Voluntary Respondent Treatment
VI. Recommendation
Appendix II
Review-Specific Average Rate Applicable to Companies Not Selected for
Individual Examination
1. AJU Besteel Co., Ltd.
2. Chang Won Bending Co., Ltd.
3. Daiduck Piping Co., Ltd.
4. Dong Yang Steel Pipe Co., Ltd.
5. Dongbu Incheon Steel Co., Ltd.
6. EEW KHPC Co., Ltd.
7. EEW Korea Co., Ltd.
8. Geumok Tech. Co. Ltd.
9. Hansol Metal Co. Ltd.
10. Husteel Co., Ltd.
11. Hyundai RB Co., Ltd.
12. Il Jin Nts Co. Ltd.
13. Kiduck Industries Co., Ltd.
14. Kum Kang Kind. Co., Ltd.
15. Kumsoo Connecting Co., Ltd.
16. Nexteel Co., Ltd.
17. SeAH Steel Corporation
18. Seonghwa Industrial Co., Ltd.
19. SIN-E B&P Co., Ltd.
20. Steel Flower Co., Ltd.
21. WELTECH Co., Ltd.
[FR Doc. 2023-23005 Filed 10-17-23; 8:45 am]
BILLING CODE 3510-DS-P
