Circular Welded Non-Alloy Steel Pipe From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2021-2022, 84780-84782 [2023-26721]
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84780
Federal Register / Vol. 88, No. 233 / Wednesday, December 6, 2023 / Notices
address) of the individual requesting
consideration; and
(2) An affirmative statement that the
applicant is not required to register as
a foreign agent under the Foreign Agents
Registration Act of 1938.
Additional requirements for
representative nominations. In addition
to the above requirements for all
nominations, nominations for
representatives of companies,
organizations, and stakeholders
involved in the U.S. supply chain,
including supply chain firms or their
associations; users of supply chains
(e.g., retailers, distributors,
manufacturers, or other sectors); freight
transportation providers; and ports,
should also provide the following
information:
(1) A sponsor letter on the letterhead
of the sponsoring U.S. company or U.S.
organization to be represented,
containing a brief description why the
nominee should be considered for
membership; the nominee maybe and
employee, director, or other
representative of a company or
organization; consideration will be
given to the nominee’s current
affiliation with the company or
organization to be represented, as well
as prior experience with other
companies of organizations that
demonstrate the ability to contribute to
the work of the Committee:
(2) Short biography of nominee
including credentials;
(3) Brief description of the U.S.
company or U.S. organization to be
represented and its activities and size
(number of employees or members and
annual sales, if applicable); and
(4) An affirmative statement that the
applicant meets all Committee
eligibility requirements for
representative members, including that
the applicant represents a U.S. company
or U.S. organization.
a. For purposes of Committee
eligibility, a U.S. company is at least 51
percent owned by U.S. persons.
b. For purposes of Committee
eligibility, a U.S. organization is
controlled by U.S. persons, as
determined based on its board of
directors (or comparable governing
body), membership, and funding
sources, as applicable.
Please do not send company or
organizational brochures. Additional
requirements for academic nominations.
In addition to the above requirements
for all nominations, nominations for
experts from academia should also
provide the following information:
(1) A description of the nominee’s
area(s) of expertise;
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20:52 Dec 05, 2023
Jkt 262001
(2) A concise Curriculum Vitae (CV)
or resume that covers education,
experience, and relevant publications
and summarizes how this expertise
addresses supply chain
competitiveness;
(3) An affirmative statement that the
applicant meets all Committee
eligibility requirements.
Nominations may be emailed to
acscc@trade.gov. Nominees selected for
appointment to the Committee will be
notified.
1, 2022, Commerce published in the
Federal Register a notice of opportunity
to request an administrative review of
the Order.2 On January 3, 2023, based
on timely requests for an administrative
review, Commerce initiated an
antidumping duty administrative review
of 23 companies.3
Scope of the Order
International Trade Administration
The merchandise subject to the Order
is circular welded non-alloy steel pipe
and tube, of circular cross-section, not
more than 406.4 millimeters (16 inches)
in outside diameter, regardless of wall
thickness, surface finish (black,
galvanized, or painted), or end finish
(plain end, beveled end, threaded, or
threaded and coupled). A full
description of the scope of the Order is
contained in the Preliminary Decision
Memorandum.4
[A–580–809]
Methodology
Circular Welded Non-Alloy Steel Pipe
From the Republic of Korea:
Preliminary Results of Antidumping
Duty Administrative Review and
Preliminary Determination of No
Shipments; 2021–2022
Commerce is conducting this review
in accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act).
Export price and constructed export
price are calculated in accordance with
section 772 of the Act. Normal value is
calculated in accordance with section
773 of the Act.
For a full description of the
methodology underlying these
preliminary results, see the Preliminary
Decision Memorandum. A list of the
topics discussed in the Preliminary
Decision Memorandum is attached as
Appendix I to this notice. The
Preliminary Decision Memorandum is a
public document and is made available
to the public 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 is available at
https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Dated: November 30, 2023.
Heather Sykes,
Director, Office of Supply Chain Services.
[FR Doc. 2023–26745 Filed 12–5–23; 8:45 am]
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
finds that circular welded non-alloy
steel pipe (CWP) from the Republic of
Korea (Korea) was sold at less than
normal value during the period of
review (POR), November 1, 2021,
through October 31, 2022. We invite
interested parties to comment on these
preliminary results.
DATES: Applicable December 6, 2023.
FOR FURTHER INFORMATION CONTACT:
Jacob Keller or 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) 482–4849 or (202) 482–5075,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On November 2, 1992, Commerce
published the Order on CWP from Korea
in the Federal Register.1 On November
1 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).
PO 00000
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Sfmt 4703
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review and Join Annual
Inquiry Service List, 87 FR 65750 (November 1,
2022).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
50 (January 3, 2023).
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of Antidumping Duty
Administrative Review and Preliminary
Determination of No Shipments: Circular Welded
Non-Alloy Steel Pipe from the Republic of Korea;
2021–2022,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
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Federal Register / Vol. 88, No. 233 / Wednesday, December 6, 2023 / Notices
Preliminary Determination of No
Shipments
One company under review, HiSteel
Co., Ltd. (HiSteel), timely filed a noshipment letter, certifying that it made
no sales or exports of subject
merchandise to the United States during
the POR.5 We received no information
from U.S. Customs and Border
Protection (CBP) that contradicts
HiSteel’s no-shipments claim.6
Therefore, we preliminarily determine
that HiSteel had no shipments during
the POR. Consistent with Commerce’s
practice, we find that it is not
appropriate to rescind the review with
respect to HiSteel, but rather to
complete the review and issue
appropriate instructions to CBP based
on the final results of this review.7
lotter on DSK11XQN23PROD with NOTICES1
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 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. In this review,
we preliminarily calculated dumping
margins for the two mandatory
respondents, Hyundai Steel Company
(Hyundai Steel) and Husteel Co., Ltd.
(Husteel), of 0.99 and 0.65 percent,
respectively, and we have assigned to
the non-selected companies a rate of
0.82 percent, which is the weightedaverage dumping margins of Husteel
and Hyundai Steel weighted by their
publicly ranged U.S. sales values.8
5 See HiSteel’s Letter, ‘‘No Shipments Letter,’’
dated January 11, 2023.
6 See Memorandum, ‘‘No Shipment Inquiry for
HiSteel Co., Ltd.,’’ dated November 15, 2023.
7 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
8 With two respondents under examination,
Commerce normally calculates (A) a weightedaverage of the dumping margins calculated for the
examined respondents; (B) a simple average of the
dumping margins calculated for the examined
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84781
more than 450 words, no including
citations. We intend to use the executive
summaries as the basis of the comment
summaries included in the issues and
decision memorandum that will
accompany the final results in this
Weighted- administrative review. We request that
interested parties include footnotes for
average
Producer/exporter
dumping
relevant citations in the executive
margin
summary of each issue. Note that
(percent)
Commerce has amended certain of its
Hyundai Steel Company .............
0.99 requirements pertaining to the service of
Husteel Co., Ltd ..........................
0.65 documents in 19 CFR 351.303(f).14
Pursuant to 19 CFR 351.310(c),
Companies Not Individually Examined 9 ..................................
0.82 interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
Disclosure and Public Comment
We intend to disclose the calculations and Compliance, filed electronically via
ACCESS. Requests should contain: (1)
performed to parties within five days
the party’s name, address, and
after public announcement of the
telephone number; (2) the number of
10
preliminary results. Pursuant to 19
participants; and (3) a list of issues to be
CFR 351.309(c), interested parties may
discussed. Issues raised in the hearing
submit case briefs no later than 30 days
will be limited to those raised in the
after the date of publication of this
respective case briefs. An electronically
notice. Rebuttal briefs, limited to issues
filed hearing request must be received
raised in the case briefs, may be filed
not later than five days after the date for successfully in its entirety by
Commerce’s electronic records system,
filing case briefs.11 Interested parties
ACCESS, by 5:00 p.m. Eastern Time
who submit case briefs or rebuttal briefs
within 30 days after the date of
in this proceeding must submit: (1) a
publication of this notice.
table of contents listing each issue; and
12
Assessment Rates
(2) a table of authorities. As provided
under 19 CFR 351.309(c)(2) and (d)(2),
Upon completion of the final results,
in prior proceedings, we have
Commerce shall determine, and CBP
encouraged interested parties to provide shall assess, antidumping duties on all
an executive summary of their brief that appropriate entries covered by this
should be limited to five pages total,
review. If either of the respondents’
including footnotes. In this review, we
weighted-average dumping margins is
instead request that interested parties
not zero or de minimis (i.e., less than
provide, at the beginning of their briefs, 0.50 percent) in the final results of this
a public executive summary for each
review, we intend to calculate an
issue raised in their briefs.13 Further, we importer-specific assessment rate based
request that interested parties limit their on the ratio of the total amount of
executive summary of each issue to no
dumping calculated for each importer’s
examined sales and the total entered
respondents; and (C) a weighted-average of the
value of those same sales in accordance
dumping margins calculated for the examined
with 19 CFR 351.212(b)(1).15 If either of
respondents using each company’s publicly-ranged
the respondents’ weighted-average
U.S. sale quantities for the merchandise under
consideration. Commerce then compares (B) and (C) dumping margin or an importer-specific
to (A) and selects the rate closest to (A) as the most
assessment rate is zero or de minimis in
appropriate rate for all other producers and
the final results of review, we intend to
exporters. See, e.g., Ball Bearings and Parts Thereof
instruct CBP to liquidate entries without
from France, Germany, Italy, Japan, and the United
regard to antidumping duties.16 The
Kingdom: Final Results of Antidumping Duty
Administrative Reviews, Final Results of Changedfinal results of this administrative
Circumstances Review, and Revocation of an Order
review shall be the basis for the
in Part, 75 FR 53661, 53663 (September 1, 2010).
assessment of antidumping duties on
9 See Appendix II for a full list of companies not
entries of merchandise covered by the
individually examined in this review. However, as
we find HiSteel preliminarily to have no shipments, final results of this review and for future
Preliminary Results of Review
We preliminarily determine that the
following weighted-average dumping
margins exist for the period November
1, 2021, through October 31, 2022:
we will not assign HiSteel the non-selected
company rate.
10 See 19 CFR 351.224(b).
11 See 19 CFR 351.309(d); see also Administrative
Protective Order, Service, and Other Procedures in
Antidumping and Countervailing Duty Proceedings,
88 FR 67069, 67077 (September 29, 2023).
12 See 19 CFR 351.309(c)(2) and (d)(2).
13 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
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Fmt 4703
Sfmt 4703
14 See Administrative Protective Order, Service,
and Other Procedures in Antidumping and
Countervailing Duty Proceedings; Final Rule, 88 FR
67069 (September 29, 2023).
15 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).
16 Id., 77 FR at 8102–03; see also 19 CFR
351.106(c)(2).
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84782
Federal Register / Vol. 88, No. 233 / Wednesday, December 6, 2023 / Notices
lotter on DSK11XQN23PROD with NOTICES1
deposits of estimated duties, where
applicable.17
For entries of subject merchandise
during the POR produced by either of
the respondents for which they did not
know that the merchandise was
destined to the United States, 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.18 For the
companies identified in Appendix II
that were not selected for individual
examination, we will instruct CBP to
liquidate entries at the rate established
after the completion of the final results
of review.
Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the date of
publication of the final results of this
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 upon
publication in the Federal Register of
the notice of final results of
administrative review for all shipments
of CWP from Korea 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 respondents will be
equal to the weighted-average dumping
margin established in the final results of
this administrative review; (2) for
merchandise exported by a company 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 in the
completed segment for the most recent
period; (3) if the exporter is not a firm
covered in this review or the original
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 merchandise; (4) the
cash deposit rate for all other producers
or exporters will continue to be 4.80
percent, the all-others rate established
in the less-than-fair-value
investigation.19 These cash deposit
17 See
section 751(a)(2)(C) of the Act.
a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
19 See Order, 57 FR at 49453.
18 For
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20:52 Dec 05, 2023
Jkt 262001
requirements, when imposed, shall
remain in effect until further notice.
Final Results of Review
Unless the deadline is otherwise
extended, Commerce intends to issue
the final results of this administrative
review, including the results of its
analysis of issues raised by interested
parties in the written comments, within
120 days of publication of these
preliminary results in the Federal
Register, pursuant to section
751(a)(3)(A) of the Act and 19 CFR
351.213(h)(1).
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 doubled
antidumping duties.
Notification to Interested Parties
We are issuing and publishing these
preliminary results in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act, and 19 CFR 351.221(b)(4).
Dated: November 29, 2023.
Abdelali Elouaradia,
Deputy 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. Rate 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
Selected for Individual Examination
1. Aju Besteel
2. Bookook Steel
3. Chang Won Bending
4. Dae Ryung
5. Daewoo Shipbuilding & Marine
Engineering
6. Daiduck Piping
7. Dong Yang Steel Pipe
8. Dongbu Steel
9. EEW Korea Company
10. Histeel
11. Hyundai RB
12. Kiduck Industries
13. Kum Kang Kind
14. Kumsoo Connecting
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Fmt 4703
Sfmt 4703
15. Miju Steel Mfg.
16. NEXTEEL Co., Ltd.
17. Samkand M & T
18. Seah FS
19. SeAH Steel Corporation
20. Steel Flower
21. YCP Co., Ltd
[FR Doc. 2023–26721 Filed 12–5–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–831]
Fresh Garlic From the People’s
Republic of China: Preliminary
Results, Partial Rescission, and
Preliminary Intent To Rescind
Antidumping Duty Administrative
Review; 2021–2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that Jining Huahui
International Co., Ltd. (Huahui) did not
make bona fide sales of fresh garlic
during the period of review (POR)
November 1, 2021, through October 31,
2022. Therefore, Commerce
preliminarily intends to rescind this
administrative review with respect to
Huahui. Interested parties are invited to
comment on the preliminary results of
this review.
DATES: Applicable December 6, 2023.
FOR FURTHER INFORMATION CONTACT:
Charles DeFilippo or Jacob Saude, AD/
CVD Operations, Office VII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3797 or
202–482–0981, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On November 1, 2022, Commerce
published a notice of opportunity to
request an administrative review of the
antidumping duty order on fresh garlic
from the People’s Republic of China
(China)for the POR.1 On November 30,
2022, the petitioners,2 Zhengzhou
Harmoni Spice Co., Ltd. (Harmoni), and
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
To Request Administrative Review and Join Annual
Inquiry Service List, 87 FR 65750 (November 1,
2022).
2 The petitioners are the Fresh Garlic Producers
Association and its individual members. The
members of the Fresh Garlic Producers Association
are: Christopher Ranch LLC; The Garlic Company;
and Valley Garlic, Inc.
E:\FR\FM\06DEN1.SGM
06DEN1
]]>Agencies
[Federal Register Volume 88, Number 233 (Wednesday, December 6, 2023)]
[Notices]
[Pages 84780-84782]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26721]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-809]
Circular Welded Non-Alloy Steel Pipe 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.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that circular welded non-alloy steel pipe (CWP) from the Republic of
Korea (Korea) was sold at less than normal value during the period of
review (POR), November 1, 2021, through October 31, 2022. We invite
interested parties to comment on these preliminary results.
DATES: Applicable December 6, 2023.
FOR FURTHER INFORMATION CONTACT: Jacob Keller or 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) 482-4849 or (202) 482-5075,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 2, 1992, Commerce published the Order on CWP from Korea
in the Federal Register.\1\ On November 1, 2022, Commerce published in
the Federal Register a notice of opportunity to request an
administrative review of the Order.\2\ On January 3, 2023, based on
timely requests for an administrative review, Commerce initiated an
antidumping duty administrative review of 23 companies.\3\
---------------------------------------------------------------------------
\1\ 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).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review and Join Annual Inquiry Service List, 87 FR 65750 (November
1, 2022).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 50 (January 3, 2023).
---------------------------------------------------------------------------
Scope of the Order
The merchandise subject to the Order is circular welded non-alloy
steel pipe and tube, of circular cross-section, not more than 406.4
millimeters (16 inches) in outside diameter, regardless of wall
thickness, surface finish (black, galvanized, or painted), or end
finish (plain end, beveled end, threaded, or threaded and coupled). A
full description of the scope of the Order is contained in the
Preliminary Decision Memorandum.\4\
---------------------------------------------------------------------------
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative Review and Preliminary
Determination of No Shipments: Circular Welded Non-Alloy Steel Pipe
from the Republic of Korea; 2021-2022,'' dated concurrently with,
and hereby adopted by, this notice (Preliminary Decision
Memorandum).
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a) of the Tariff Act of 1930, as amended (the Act). Export price
and constructed export price are calculated in accordance with section
772 of the Act. Normal value is calculated in accordance with section
773 of the Act.
For a full description of the methodology underlying these
preliminary results, see the Preliminary Decision Memorandum. A list of
the topics discussed in the Preliminary Decision Memorandum is attached
as Appendix I to this notice. The Preliminary Decision Memorandum is a
public document and is made available to the public 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 is available at https://access.trade.gov/public/FRNoticesListLayout.aspx.
[[Page 84781]]
Preliminary Determination of No Shipments
One company under review, HiSteel Co., Ltd. (HiSteel), timely filed
a no-shipment letter, certifying that it made no sales or exports of
subject merchandise to the United States during the POR.\5\ We received
no information from U.S. Customs and Border Protection (CBP) that
contradicts HiSteel's no-shipments claim.\6\ Therefore, we
preliminarily determine that HiSteel had no shipments during the POR.
Consistent with Commerce's practice, we find that it is not appropriate
to rescind the review with respect to HiSteel, but rather to complete
the review and issue appropriate instructions to CBP based on the final
results of this review.\7\
---------------------------------------------------------------------------
\5\ See HiSteel's Letter, ``No Shipments Letter,'' dated January
11, 2023.
\6\ See Memorandum, ``No Shipment Inquiry for HiSteel Co.,
Ltd.,'' dated November 15, 2023.
\7\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
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
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. In this review, we
preliminarily calculated dumping margins for the two mandatory
respondents, Hyundai Steel Company (Hyundai Steel) and Husteel Co.,
Ltd. (Husteel), of 0.99 and 0.65 percent, respectively, and we have
assigned to the non-selected companies a rate of 0.82 percent, which is
the weighted-average dumping margins of Husteel and Hyundai Steel
weighted by their publicly ranged U.S. sales values.\8\
---------------------------------------------------------------------------
\8\ 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).
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Preliminary Results of Review
We preliminarily determine that the following weighted-average
dumping margins exist for the period November 1, 2021, through October
31, 2022:
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
Hyundai Steel Company....................................... 0.99
Husteel Co., Ltd............................................ 0.65
Companies Not Individually Examined \9\..................... 0.82
------------------------------------------------------------------------
Disclosure and Public Comment
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\9\ See Appendix II for a full list of companies not
individually examined in this review. However, as we find HiSteel
preliminarily to have no shipments, we will not assign HiSteel the
non-selected company rate.
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We intend to disclose the calculations performed to parties within
five days after public announcement of the preliminary results.\10\
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs no later than 30 days after the date of publication of this
notice. Rebuttal briefs, limited to issues raised in the case briefs,
may be filed not later than five days after the date for filing case
briefs.\11\ Interested parties who submit case briefs or rebuttal
briefs in this proceeding must submit: (1) a table of contents listing
each issue; and (2) a table of authorities.\12\ As provided under 19
CFR 351.309(c)(2) and (d)(2), in prior proceedings, we have encouraged
interested parties to provide an executive summary of their brief that
should be limited to five pages total, including footnotes. In this
review, we instead request that interested parties provide, at the
beginning of their briefs, a public executive summary for each issue
raised in their briefs.\13\ Further, we request that interested parties
limit their executive summary of each issue to no more than 450 words,
no including citations. We intend to use the executive summaries as the
basis of the comment summaries included in the issues and decision
memorandum that will accompany the final results in this administrative
review. We request that interested parties include footnotes for
relevant citations in the executive summary of each issue. Note that
Commerce has amended certain of its requirements pertaining to the
service of documents in 19 CFR 351.303(f).\14\
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\10\ See 19 CFR 351.224(b).
\11\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023).
\12\ See 19 CFR 351.309(c)(2) and (d)(2).
\13\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\14\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings; Final
Rule, 88 FR 67069 (September 29, 2023).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. 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. An electronically filed
hearing request 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.
Assessment Rates
Upon completion of the final results, Commerce shall determine, and
CBP shall assess, antidumping duties on all appropriate entries covered
by this review. If either of the respondents' weighted-average dumping
margins is not zero or de minimis (i.e., less than 0.50 percent) in the
final results of this review, we intend to calculate an importer-
specific assessment rate based on the ratio of the total amount of
dumping calculated for each importer's examined sales and the total
entered value of those same sales in accordance with 19 CFR
351.212(b)(1).\15\ If either of the respondents' weighted-average
dumping margin or an importer-specific assessment rate is zero or de
minimis in the final results of review, we intend to instruct CBP to
liquidate entries without regard to antidumping duties.\16\ 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
[[Page 84782]]
deposits of estimated duties, where applicable.\17\
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\15\ 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).
\16\ Id., 77 FR at 8102-03; see also 19 CFR 351.106(c)(2).
\17\ See section 751(a)(2)(C) of the Act.
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For entries of subject merchandise during the POR produced by
either of the respondents for which they did not know that the
merchandise was destined to the United States, 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.\18\ For
the companies identified in Appendix II that were not selected for
individual examination, we will instruct CBP to liquidate entries at
the rate established after the completion of the final results of
review.
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\18\ For a full discussion of this practice, 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 upon
publication in the Federal Register of the notice of final results of
administrative review for all shipments of CWP from Korea 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 respondents will be equal to the weighted-
average dumping margin established in the final results of this
administrative review; (2) for merchandise exported by a company 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 in the completed segment for the most recent
period; (3) if the exporter is not a firm covered in this review or the
original 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 merchandise; (4) the cash deposit
rate for all other producers or exporters will continue to be 4.80
percent, the all-others rate established in the less-than-fair-value
investigation.\19\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\19\ See Order, 57 FR at 49453.
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Final Results of Review
Unless the deadline is otherwise extended, Commerce intends to
issue the final results of this administrative review, including the
results of its analysis of issues raised by interested parties in the
written comments, within 120 days of publication of these preliminary
results in the Federal Register, pursuant to section 751(a)(3)(A) of
the Act and 19 CFR 351.213(h)(1).
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 doubled
antidumping duties.
Notification to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(4).
Dated: November 29, 2023.
Abdelali Elouaradia,
Deputy 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. Rate 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 Selected for Individual Examination
1. Aju Besteel
2. Bookook Steel
3. Chang Won Bending
4. Dae Ryung
5. Daewoo Shipbuilding & Marine Engineering
6. Daiduck Piping
7. Dong Yang Steel Pipe
8. Dongbu Steel
9. EEW Korea Company
10. Histeel
11. Hyundai RB
12. Kiduck Industries
13. Kum Kang Kind
14. Kumsoo Connecting
15. Miju Steel Mfg.
16. NEXTEEL Co., Ltd.
17. Samkand M & T
18. Seah FS
19. SeAH Steel Corporation
20. Steel Flower
21. YCP Co., Ltd
[FR Doc. 2023-26721 Filed 12-5-23; 8:45 am]
BILLING CODE 3510-DS-P
