Large Diameter Welded Pipe From the Republic of Korea: Final Results of Countervailing Duty Administrative Review; 2021, 85236-85237 [2023-26901]

Download as PDF 85236 Federal Register / Vol. 88, No. 234 / Thursday, December 7, 2023 / Notices ACCESS, by 5 p.m. Eastern Time within 30 days after the date of publication of this notice. Unless extended, we intend to issue the final results of this administrative review, which will include the results of our analysis of the issues raised in the case briefs, 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 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 351.213 and 351.221(b)(4). Dated: November 30, 2023. Abdelali Elouaradia, Deputy 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. Rescission of Administrative Review, in Part V. Use of Facts Otherwise Available and Application of Adverse Inferences VI. Subsidies Valuation Information VII. Analysis of Programs VIII. Recommendation [FR Doc. 2023–26881 Filed 12–6–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Background On June 7, 2023, Commerce published the Preliminary Results of this administrative review in the Federal Register,1 and invited interested parties to comment. For a complete description of the events that followed the Preliminary Results, see the Issues and Decision Memorandum.2 Commerce postponed these final results until December 1, 2023.3 Scope of the Order 4 The merchandise covered by the Order is welded pipe. For a complete description of the scope of the Order, see the Issues and Decision Memorandum. Analysis of Comments Received All issues raised in interested parties’ briefs are addressed in the Issues and Decision Memorandum. A list of the issues addressed is attached to this notice as an appendix. 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. Large Diameter Welded Pipe From the Republic of Korea: Final Results of Countervailing Duty Administrative Review; 2021 Changes Since the Preliminary Results Based on our analysis of the case and rebuttal briefs and the evidence on the record, we made certain changes from the Preliminary Results related to the benefit calculations of certain programs Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) determines that producers and/or exporters of large diameter welded pipe (welded pipe) from the Republic of Korea (Korea) received countervailable subsidies during the period of review (POR), January 1, 2021, through December 31, 2021. DATES: Applicable December 7, 2023. FOR FURTHER INFORMATION CONTACT: Jonathan Schueler or Faris Montgomery, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, 1 See Large Diameter Welded Pipe from the Republic of Korea: Preliminary Results and Partial Rescission of the Countervailing Duty Administrative Review; 2021, 88 FR 37200 (June 7, 2023) (Preliminary Results), and accompanying Preliminary Decision Memorandum. 2 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of the Countervailing Duty Administrative Review of Large Diameter Welded Pipe from the Republic of Korea; 2021,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 3 See Memoranda, ‘‘Extension of Deadline for Final Results of Countervailing Duty Administrative Review; 2021,’’ dated September 27, 2023; and ‘‘Second Extension of Deadline for Final Results of Countervailing Duty Administrative Review; 2021,’’ dated November 8, 2023. 4 See Large Diameter Welded Pipe from the Republic of Korea: Countervailing Duty Order, 84 FR 18773 (May 2, 2019) (Order). [C–580–898] AGENCY: ddrumheller on DSK120RN23PROD with NOTICES1 U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–9175 or (202) 482–1537, respectively. SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 20:23 Dec 06, 2023 Jkt 262001 PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 due to data corrections based on verification findings. These changes are explained in the Issues and Decision Memorandum. Methodology Commerce conducted this review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found countervailable, we find that there is a subsidy, i.e., a governmentprovided financial contribution that gives rise to a benefit to the recipient, and that the subsidy is specific.5 For a description of the methodology underlying Commerce’s conclusions, see the Issues and Decision Memorandum. Verification As provided in section 782(i) of the Act, in August and September 2023, Commerce conducted on-site verification of the subsidy information reported by Hyundai RB Co., Ltd (Hyundai RB), SeAH Steel Corporation (SeAH Steel), and the Government of Korea. We used standard on-site verification procedures, including an examination of relevant accounting records and original source documents provided by the respondents. Rate for Non-Selected Companies Generally, Commerce looks to section 705(c)(5) of the Act for guidance for calculating the rate for companies that were not selected for individual examination in an administrative review. Section 705(c)(5)(A) of the Act states that for companies not investigated, in general, we will determine an all-others rate by weight averaging the countervailable subsidy rates established for each of the companies individually investigated, excluding zero and de minimis rates or any rates based solely on facts otherwise available. Here, the only rate that is not zero, de minimis, or based entirely on facts otherwise available is the rate calculated for Hyundai RB. Consequently, we are assigning this rate to HiSteel Co., Ltd., the only company not selected for individual examination. Final Results of Review In accordance with 19 CFR 351.221(b)(5), we determine the following net countervailable subsidy rates exist for the POR January 1, 2021, through December 31, 2021: 5 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. E:\FR\FM\07DEN1.SGM 07DEN1 Federal Register / Vol. 88, No. 234 / Thursday, December 7, 2023 / Notices Company Hyundai RB Co., Ltd. and its crossowned affiliates 6 ............................ SeAH Steel Corporation and its cross-owned affiliates 7 .................. HiSteel Co., Ltd ................................. Subsidy rate (percent ad valorem) 1.54 * 0.19 1.54 * (de minimis). Disclosure Commerce intends to disclose to parties in this proceeding the calculations performed for these final results of review within five days of the date of publication of this notice in the Federal Register.8 Assessment Rates Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b)(2), Commerce has determined, and U.S. Customs and Border Protection (CBP) shall assess, countervailing duties on all appropriate entries of subject merchandise in accordance with the final results of this review, for the above-listed companies at the applicable ad valorem assessment rates listed. 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). ddrumheller on DSK120RN23PROD with NOTICES1 Cash Deposit Instructions In accordance with section 751(a)(1) of the Act, Commerce intends to instruct CBP to collect cash deposits of estimated countervailing duties in the amounts shown for each of the companies listed above based on shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this administrative review.9 For all nonreviewed firms subject to the Order, we will instruct CBP to continue to collect cash deposits of estimated countervailing duties at the most recent company-specific rate or the all-others 6 Commerce finds Shinchang Construction Co., Ltd. to be cross-owned with Hyundai RB. 7 Commerce finds the following companies to be cross-owned with SeAH Steel: SeAH Holdings Corporation; and ESAB SeAH Corporation. 8 See 19 CFR 351.224(b). 9 See, e.g., Honey from Argentina: Results of Countervailing Duty Administrative Review, 69 FR 29518 (May 24, 2004), and accompanying Issues and Decision Memorandum at Issue 4. VerDate Sep<11>2014 20:23 Dec 06, 2023 Jkt 262001 85237 rate (i.e., 9.29 percent), as appropriate.10 These cash deposit requirements, effective upon publication of these final results, shall remain in effect until further notice. DEPARTMENT OF COMMERCE Administrative Protective Order Certain Aluminum Foil From the Republic of Turkey: Preliminary Results of Antidumping Duty Administrative Review; 2021–2022 This notice also serves as a reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). 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 sanctionable violation. Notification to Interested Parties We are issuing and publishing these final results in accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.221(b)(5). Dated: December 1, 2023. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Subsidies Valuation Information V. Analysis of Programs VI. Discussion of Comments Comment 1: Whether the Korea Emissions Trading System (K–ETS) Program Is Countervailable Comment 2: Whether the Provision of Electricity for Less Than Adequate Remuneration (LTAR) Is Countervailable Comment 3: Whether the Demand Response Resources (DRR) Program Is Countervailable Comment 4: Whether Certain Programs Are De Facto Specific When Widely Available and Used Comment 5: Whether the Energy Storage Systems (ESS) Program Is Specific Comment 6: Whether the Employment Security Improvement (ESI) Program Is Countervailable Comment 7: Whether To Adjust the Calculated Benefit Under Restriction of Special Local Taxation Act (RSLTA) Article 78 for the Payment of the Special Rural Development Tax (SRDT) VII. Recommendation [FR Doc. 2023–26901 Filed 12–6–23; 8:45 am] BILLING CODE 3510–DS–P 10 See PO 00000 International Trade Administration [A–489–844] Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds that the certain producers/ exporters subject to this administrative review made sales of subject merchandise at less than normal value (NV) during the period of review (POR) September 23, 2021, through October 31, 2022. Interested parties are invited to comment on these preliminary results. AGENCY: DATES: Applicable December 7, 2023. FOR FURTHER INFORMATION CONTACT: Christopher Williams or Bryan Hansen, 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) 482–5166 or (202) 482–3683, respectively. SUPPLEMENTARY INFORMATION: Background On November 12, 2021, Commerce published in the Federal Register the antidumping duty order on certain aluminum foil (aluminum foil) from the Republic of Turkey (Turkey).1 On November 1, 2022, we published in the Federal Register a notice of opportunity to request an administrative review of the Order for the POR.2 On January 3, 2023, based on timely requests for an administrative review, Commerce initiated an administrative review of the Order with respect to four companies.3 On January 26, 2023, Commerce selected the Assan Single Entity 4 for 1 See Certain Aluminum Foil from the Republic of Armenia, Brazil, the Sultanate of Oman, the Russian Federation, and the Republic of Turkey: Antidumping Duty Orders, 86 FR 62790 (November 12, 2021) (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, 55 (January 3, 2023) (Initiation Notice). 4 Commerce previously determined that Assan Aluminyum Sanayi ve Ticaret A.S., Kibar Dis Ticaret A.S., and Ispak Esnek Ambalaj Sanayi A.S., comprise the Assan Single Entity. See Certain Order, 84 FR at 18775. Frm 00034 Fmt 4703 Sfmt 4703 Continued E:\FR\FM\07DEN1.SGM 07DEN1

Agencies

[Federal Register Volume 88, Number 234 (Thursday, December 7, 2023)]
[Notices]
[Pages 85236-85237]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26901]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-580-898]


Large Diameter Welded Pipe From the Republic of Korea: Final 
Results of Countervailing Duty Administrative Review; 2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
producers and/or exporters of large diameter welded pipe (welded pipe) 
from the Republic of Korea (Korea) received countervailable subsidies 
during the period of review (POR), January 1, 2021, through December 
31, 2021.

DATES: Applicable December 7, 2023.

FOR FURTHER INFORMATION CONTACT: Jonathan Schueler or Faris Montgomery, 
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) 482-9175 
or (202) 482-1537, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On June 7, 2023, Commerce published the Preliminary Results of this 
administrative review in the Federal Register,\1\ and invited 
interested parties to comment. For a complete description of the events 
that followed the Preliminary Results, see the Issues and Decision 
Memorandum.\2\ Commerce postponed these final results until December 1, 
2023.\3\
---------------------------------------------------------------------------

    \1\ See Large Diameter Welded Pipe from the Republic of Korea: 
Preliminary Results and Partial Rescission of the Countervailing 
Duty Administrative Review; 2021, 88 FR 37200 (June 7, 2023) 
(Preliminary Results), and accompanying Preliminary Decision 
Memorandum.
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Countervailing Duty Administrative Review of 
Large Diameter Welded Pipe from the Republic of Korea; 2021,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
    \3\ See Memoranda, ``Extension of Deadline for Final Results of 
Countervailing Duty Administrative Review; 2021,'' dated September 
27, 2023; and ``Second Extension of Deadline for Final Results of 
Countervailing Duty Administrative Review; 2021,'' dated November 8, 
2023.
---------------------------------------------------------------------------

Scope of the Order 4
---------------------------------------------------------------------------

    \4\ See Large Diameter Welded Pipe from the Republic of Korea: 
Countervailing Duty Order, 84 FR 18773 (May 2, 2019) (Order).
---------------------------------------------------------------------------

    The merchandise covered by the Order is welded pipe. For a complete 
description of the scope of the Order, see the Issues and Decision 
Memorandum.

Analysis of Comments Received

    All issues raised in interested parties' briefs are addressed in 
the Issues and Decision Memorandum. A list of the issues addressed is 
attached to this notice as an appendix. 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 case and rebuttal briefs and the 
evidence on the record, we made certain changes from the Preliminary 
Results related to the benefit calculations of certain programs due to 
data corrections based on verification findings. These changes are 
explained in the Issues and Decision Memorandum.

Methodology

    Commerce conducted this review in accordance with section 
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each 
of the subsidy programs found countervailable, we find that there is a 
subsidy, i.e., a government-provided financial contribution that gives 
rise to a benefit to the recipient, and that the subsidy is 
specific.\5\ For a description of the methodology underlying Commerce's 
conclusions, see the Issues and Decision Memorandum.
---------------------------------------------------------------------------

    \5\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------

Verification

    As provided in section 782(i) of the Act, in August and September 
2023, Commerce conducted on-site verification of the subsidy 
information reported by Hyundai RB Co., Ltd (Hyundai RB), SeAH Steel 
Corporation (SeAH Steel), and the Government of Korea. We used standard 
on-site verification procedures, including an examination of relevant 
accounting records and original source documents provided by the 
respondents.

Rate for Non-Selected Companies

    Generally, Commerce looks to section 705(c)(5) of the Act for 
guidance for calculating the rate for companies that were not selected 
for individual examination in an administrative review. Section 
705(c)(5)(A) of the Act states that for companies not investigated, in 
general, we will determine an all-others rate by weight averaging the 
countervailable subsidy rates established for each of the companies 
individually investigated, excluding zero and de minimis rates or any 
rates based solely on facts otherwise available. Here, the only rate 
that is not zero, de minimis, or based entirely on facts otherwise 
available is the rate calculated for Hyundai RB. Consequently, we are 
assigning this rate to HiSteel Co., Ltd., the only company not selected 
for individual examination.

Final Results of Review

    In accordance with 19 CFR 351.221(b)(5), we determine the following 
net countervailable subsidy rates exist for the POR January 1, 2021, 
through December 31, 2021:

[[Page 85237]]



------------------------------------------------------------------------
                                                            Subsidy rate
                          Company                            (percent ad
                                                              valorem)
------------------------------------------------------------------------
Hyundai RB Co., Ltd. and its cross-owned affiliates \6\...          1.54
SeAH Steel Corporation and its cross-owned affiliates \7\.        * 0.19
HiSteel Co., Ltd..........................................          1.54
------------------------------------------------------------------------
* (de minimis).

Disclosure

    Commerce intends to disclose to parties in this proceeding the 
calculations performed for these final results of review within five 
days of the date of publication of this notice in the Federal 
Register.\8\
---------------------------------------------------------------------------

    \6\ Commerce finds Shinchang Construction Co., Ltd. to be cross-
owned with Hyundai RB.
    \7\ Commerce finds the following companies to be cross-owned 
with SeAH Steel: SeAH Holdings Corporation; and ESAB SeAH 
Corporation.
    \8\ See 19 CFR 351.224(b).
---------------------------------------------------------------------------

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(2), Commerce has determined, and U.S. Customs and Border 
Protection (CBP) shall assess, countervailing duties on all appropriate 
entries of subject merchandise in accordance with the final results of 
this review, for the above-listed companies at the applicable ad 
valorem assessment rates listed. 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 Instructions

    In accordance with section 751(a)(1) of the Act, Commerce intends 
to instruct CBP to collect cash deposits of estimated countervailing 
duties in the amounts shown for each of the companies listed above 
based on shipments of subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of the 
final results of this administrative review.\9\ For all non-reviewed 
firms subject to the Order, we will instruct CBP to continue to collect 
cash deposits of estimated countervailing duties at the most recent 
company-specific rate or the all-others rate (i.e., 9.29 percent), as 
appropriate.\10\ These cash deposit requirements, effective upon 
publication of these final results, shall remain in effect until 
further notice.
---------------------------------------------------------------------------

    \9\ See, e.g., Honey from Argentina: Results of Countervailing 
Duty Administrative Review, 69 FR 29518 (May 24, 2004), and 
accompanying Issues and Decision Memorandum at Issue 4.
    \10\ See Order, 84 FR at 18775.
---------------------------------------------------------------------------

Administrative Protective Order

    This notice also serves as a reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). 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 sanctionable 
violation.

Notification to Interested Parties

    We are issuing and publishing these final results in accordance 
with sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.221(b)(5).

    Dated: December 1, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Subsidies Valuation Information
V. Analysis of Programs
VI. Discussion of Comments
    Comment 1: Whether the Korea Emissions Trading System (K-ETS) 
Program Is Countervailable
    Comment 2: Whether the Provision of Electricity for Less Than 
Adequate Remuneration (LTAR) Is Countervailable
    Comment 3: Whether the Demand Response Resources (DRR) Program 
Is Countervailable
    Comment 4: Whether Certain Programs Are De Facto Specific When 
Widely Available and Used
    Comment 5: Whether the Energy Storage Systems (ESS) Program Is 
Specific
    Comment 6: Whether the Employment Security Improvement (ESI) 
Program Is Countervailable
    Comment 7: Whether To Adjust the Calculated Benefit Under 
Restriction of Special Local Taxation Act (RSLTA) Article 78 for the 
Payment of the Special Rural Development Tax (SRDT)
VII. Recommendation

[FR Doc. 2023-26901 Filed 12-6-23; 8:45 am]
BILLING CODE 3510-DS-P
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