Certain Oil Country Tubular Goods From the Republic of Korea: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2021-2022, 24429-24431 [2024-07409]
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Federal Register / Vol. 89, No. 68 / Monday, April 8, 2024 / Notices
instead request that interested parties
provide at the beginning of their briefs
a public, executive summary for each
issue raised in their briefs.14 Further, we
request that interested parties limit their
executive summary of each issue to no
more than 450 words, not 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).15
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 p.m. Eastern Time within
30 days after the date of publication of
this notice.
lotter on DSK11XQN23PROD with NOTICES1
Final Results
Unless the deadline is extended
pursuant to section 751(a)(3)(A) of the
Act and 19 CFR 351.213(h)(2),
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
the issues raised by the parties in any
written briefs, no later than 120 days
after the date of publication of these
preliminary results.
Assessment Rate
In accordance with 19 CFR
351.221(b)(4)(i), we preliminarily
assigned a subsidy rate in the amount
shown above for GFCL. Upon
completion of the administrative
review, consistent with section 751(a)(1)
of the Act and 19 CFR 351.212(b)(2),
Commerce shall determine, and U.S.
Customs and Border Protection (CBP)
shall assess, countervailing duties on all
appropriate entries covered by this
review at the applicable ad valorem
assessment rates listed for the
14 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
15 See APO and Service Final Rule.
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16:37 Apr 05, 2024
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corresponding time period (i.e., July 6,
2021, to December 31, 2021, and
January 1, 2022 to December 31, 2022).
For GFCL, we intend 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).
24429
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–870]
Certain Oil Country Tubular Goods
From the Republic of Korea: Final
Results of Antidumping Duty
Administrative Review and Final
Determination of No Shipments; 2021–
2022
In accordance with section 751(a)(1)
of the Act, Commerce intends, upon
publication of the final results, to
instruct CBP to collect cash deposits of
estimated countervailing duties in the
amount shown for GFCL (and its crossowned affiliate) listed above for 2022,
the second year covered by the period
of review, 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. For
all non-reviewed firms, we will instruct
CBP to continue to collect cash deposits
at the most recent company-specific, or
all others rate (i.e., 5.39 percent),16
applicable to the company. These cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
certain producers/exporters subject to
this review made sales of oil country
tubular goods (OCTG) from the Republic
of Korea (Korea) at less than normal
value (NV) during the period of review
(POR) September 1, 2021, through
August 31, 2022, and that HiSteel Co.,
Ltd. (HiSteel) had no shipments of
subject merchandise to the United
States during the POR.
DATES: Applicable April 8, 2024.
FOR FURTHER INFORMATION CONTACT:
Mark Flessner or Mike Heaney, AD/CVD
Operations, Office VI, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–6312 or (202) 482–4475,
respectively.
Notification to Interested Parties
SUPPLEMENTARY INFORMATION:
Cash Deposit Requirements
These preliminary results are issued
and published pursuant to sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(4).
Dated: April 1, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the 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. Diversification of India’s Economy
V. Subsidies Valuation Information
VI. Interest Rate Benchmarks and
Benchmarks for Measuring the Adequacy
of Remuneration
VII. Use of Facts Otherwise Available and
Application of Adverse Inferences
VIII. Analysis of Programs
IX. Recommendation
[FR Doc. 2024–07348 Filed 4–5–24; 8:45 am]
BILLING CODE 3510–DS–P
16 See
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Order.
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Fmt 4703
Sfmt 4703
AGENCY:
Background
On October 5, 2023, Commerce
published the Preliminary Results.1 We
invited interested parties to comment on
the Preliminary Results. Between
November 6 and 13, 2023, Commerce
received timely filed case and rebuttal
briefs from various interested parties.2
On December 13, 2023, we extended the
deadline for issuing the final results of
this administrative review, until April 2,
1 See Certain Oil Country Tubular Goods from the
Republic of Korea: Preliminary Results of
Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2021–
2022, 88 FR 69118 (October 5, 2023) (Preliminary
Results), and accompanying Preliminary Decision
Memorandum.
2 See Vallourec Star L.P. and Welded Tube USA’s
(collectively, the domestic interested parties) Letter,
‘‘Case Brief,’’ dated November 6, 2023; SeAH Steel
Corporation (SeAH)’s Letter, ‘‘Case Brief,’’ dated
November 6, 2023; NEXTEEL Co., Ltd. (NEXTEEL)’s
Letter, ‘‘Letter in Lieu of Case Brief,’’ dated
November 6, 2023; Domestic Interested Parties’
Letter, ‘‘Rebuttal Brief,’’ dated November 13, 2023;
and SeAH’s Letter, ‘‘Rebuttal Brief,’’ dated
November 13, 2023; and Husteel Co., Ltd.
(Husteel)’s Letter, ‘‘Letter in Lieu of Rebuttal Brief,’’
dated November 13, 2023.
E:\FR\FM\08APN1.SGM
08APN1
24430
Federal Register / Vol. 89, No. 68 / Monday, April 8, 2024 / Notices
2024.3 These final results cover 16
companies.4 Commerce conducted this
review in accordance with section
751(a) of the Tariff Act of 1930, as
amended (the Act).
For a complete description of the
events that followed the Preliminary
Results of this administrative review,
see the Issues and Decision
Memorandum.5 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.
Additionally, a complete version of the
Issues and Decision Memorandum can
be accessed at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
Scope of the Order 6
The merchandise covered by the
Order is certain OCTG. For a complete
description of the scope of the Order,
see the Issues and Decision
Memorandum.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs that were submitted by
parties in this review are addressed in
the Issues and Decision Memorandum
and listed in the appendix to this notice.
Changes Since the Preliminary Results
Based on our analysis of the
comments received, we made no
changes to the Preliminary Results.
Final Determination of No Shipments
lotter on DSK11XQN23PROD with NOTICES1
In the Preliminary Results, Commerce
found that HiSteel did not have
shipments of subject merchandise to the
United States during the POR. No
parties commented on this
determination. Accordingly, for the final
3 See Memorandum, ‘‘Extension of Deadline for
Final Results of Antidumping Duty Administrative
Review, 2021–2022,’’ dated December 13, 2023.
4 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
66275 (November 3, 2022). The 16 companies
consist of two mandatory respondents, 13
companies not individually examined, and one
company that had no shipments.
5 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the 2021–
2022 Administrative Review of the Antidumping
Duty Order on Certain Oil Country Tubular Goods
from the Republic of Korea,’’ dated concurrently
with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
6 See Certain Oil Country Tubular Goods from
India, the Republic of Korea, Taiwan, the Republic
of Turkey, and the Socialist Republic of Vietnam:
Antidumping Duty Orders; and Certain Oil Country
Tubular Goods from the Socialist Republic of
Vietnam: Amended Final Determination of Sales at
Less Than Fair Value, 79 FR 53691 (September 10,
2014) (Order).
VerDate Sep<11>2014
16:37 Apr 05, 2024
Jkt 262001
results of review, we continue to find
that HiSteel made no shipments of
subject merchandise to the United
States during the POR. Consistent with
Commerce’s practice,7 we intend to
instruct U.S. Customs and Border
Protection (CBP) to liquidate any
existing entries of subject merchandise
produced by HiSteel, but exported by
other parties, at the rate for the
intermediate reseller, if available, or at
the all-others rate of 5.24 percent.8
Disclosure
Because no changes were made to the
Preliminary Results, no disclosure of
calculations is necessary for these final
results.
Assessment
Pursuant to section 751(a)(2)(C) of the
Act and 19 CFR 351.212(b), Commerce
shall determine, and CBP shall assess,
antidumping duties on all appropriate
entries of subject merchandise in
accordance with the final results of this
Final Results of Review
review.
For these final results, Commerce
Where the respondent reported
determines that the following weighted- reliable entered values, we calculated
average dumping margins exist for the
importer- (or customer-) specific ad
period September 1, 2021, through
valorem rates by aggregating the
August 31, 2022:
dumping margins calculated for all U.S.
sales to each importer (or customer) and
Weighted- dividing this amount by the total
average
entered value of the sales to each
Producer/exporter
dumping
importer (or customer).10 Where
margin
(percent)
Commerce calculated a weightedaverage dumping margin by dividing the
Hyundai Steel Company .............
0.00
total amount of dumping for reviewed
SeAH Steel Corporation .............
1.18
9
Non-examined companies ........
1.18 sales to that party by the total sales
quantity associated with those
transactions, Commerce will direct CBP
Rate for Non-Examined Companies
to assess importer- (or customer-)
For the rate for non-selected
specific assessment rates based on the
respondents in an administrative
resulting per-unit rates.11 Where an
review, generally, Commerce looks to
importer- (or customer-) specific ad
section 735(c)(5) of the Act, which
valorem or per-unit rate is greater than
provides instructions for calculating the de minimis (i.e., 0.50 percent),
all-others rate in a market economy
Commerce will instruct CBP to collect
investigation, for guidance. Under
the appropriate duties at the time of
section 735(c)(5)(A) of the Act, the allliquidation.12 Where an importer- (or
others rate is normally ‘‘an amount
customer-) specific ad valorem or perequal to the weighted-average of the
unit rate is zero or de minimis,
estimated weighted-average dumping
Commerce will instruct CBP to liquidate
margins established for exporters and
appropriate entries without regard to
producers individually investigated,
antidumping duties.13
excluding any zero or de minimis
For the companies which were not
margins, and any margins determined
selected for individual review, we will
entirely {on the basis of facts
assign an assessment rate based on the
available}.’’ For these final results, we
methodology described in the ‘‘Rates for
calculated a dumping margin of 1.18
Non-Examined Companies’’ section,
percent for SeAH and a zero dumping
above.
margin for Hyundai Steel Company, the
Consistent with Commerce’s
mandatory respondents in this review.
assessment practice, for entries of
Consistent with our normal
subject merchandise during the POR
methodology, we have assigned to the
produced by Hyundai Steel Company,
companies not individually examined
SeAH, or the non-examined companies
(see Appendix II for a full list of these
for which the producer did not know
companies) a margin of 1.18 percent,
that its merchandise was destined for
which is the margin calculated for
the United States, we will instruct CBP
SeAH.
to liquidate unreviewed entries at the
all-others rate established in the original
7 See, e.g., Certain Corrosion-Resistant Steel
less-than-fair-value (LTFV) investigation
Products from Taiwan: Final Results of the
(i.e., 5.24 percent) 14 if there is no rate
Antidumping Duty Administrative Review and
Final Determination of No Shipments; 2018–2019,
86 FR 28554 (May 27, 2021).
8 See Certain Oil Country Tubular Goods from the
Republic of Korea: Notice of Court Decision Not in
Harmony with Final Determination, 81 FR 59603
(August 30, 2016).
9 See Appendix II for a full list of these
companies.
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
10 See
19 CFR 351.212(b)(1).
11 Id.
12 Id.
13 See
19 CFR 351.106(c)(2).
Certain Oil Country Tubular Goods from
the Republic of Korea: Notice of Court Decision Not
in Harmony with Final Determination, 81 FR 59603,
14 See
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08APN1
Federal Register / Vol. 89, No. 68 / Monday, April 8, 2024 / Notices
for the intermediate company(ies)
involved in the transaction.15
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.16 If a
timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
this administrative review, as provided
for by section 751(a)(2)(C) of the Act: (1)
the cash deposit rates for the companies
listed in these final results will be equal
to the weighted-average dumping
margins established in the final results
of this review; (2) for merchandise
exported by producers or exporters not
covered in this review but covered in a
prior segment of this proceeding, the
cash deposit rate will continue to be the
company-specific rate published for the
most recently completed segment in
which the company was reviewed; (3) if
the exporter is not a firm covered in this
review, a prior review, or the original
LTFV investigation, but the producer is,
the cash deposit rate will be the rate
established for the most recently
completed segment of this proceeding
for the producer of the subject
merchandise; and (4) the cash deposit
rate for all other producers or exporters
will continue to be 5.24 percent,17 the
all-others rate established in the LTFV
investigation. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
lotter on DSK11XQN23PROD with NOTICES1
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
59604 (August 30, 2016) (OCTG Korea Timken
Notice).
15 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
16 See Notice of Discontinuation Policy to Issue
Liquidation Instructions After 15 Days in
Applicable Antidumping and Countervailing Duty
Administrative Proceedings, 86 FR 3995 (January
15, 2021).
17 See OCTG Korea Timken Notice, 81 FR at
59604.
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16:37 Apr 05, 2024
Jkt 262001
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 countervailing duties.
Administrative Protective Order
This notice also serves as the only
reminder to parties subject to
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), 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
sanctionable violation.
Notification to Interested Parties
This administrative review and notice
are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act, and 19 CFR 351.213(h) and 19
CFR 351.221(b)(5).
Dated: April 2, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the 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. Final Determination of No Shipments
V. Changes Since the Preliminary Results
VI. Rate for Non-Examined Companies
VII. Discussion of the Issues
Comment 1: Constructed Value (CV) Profit
and Selling Expenses
Comment 2: CV Profit Cap
Comment 3: Constructed Export Price
(CEP) Offset
Comment 4: Differential Pricing Analysis
Comment 5: Inconsistencies in the
‘‘Region’’ Parameters for Differential
Pricing Analysis
VIII. Recommendation
Appendix II
List of Companies Not Individually
Examined
1. AJU Besteel Co., Ltd.
2. Dong-A Steel Co., Ltd.
3. Husteel Co., Ltd.
4. ILJIN Steel Corporation
5. K Steel Corporation
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Fmt 4703
Sfmt 4703
24431
6. Keonwoo Metals Co., Ltd.
7. Kukje Steel
8. MSTEEL Co., Ltd.
9. NEXTEEL Co., Ltd.
10. Nissei Trading Co., Ltd.
11. POSCO International Corporation
12. Sungwon Steel Co., Ltd.
13. TGS Pipe
[FR Doc. 2024–07409 Filed 4–5–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–160, A–533–922, C–570–161, C–533–
923]
Notice of Extension of the Deadline for
Determining the Adequacy of the
Antidumping and Countervailing Duty
Petitions: 2,4-Dichlorophenoxyacetic
Acid From the People’s Republic of
China and India
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable April 3, 2024.
FOR FURTHER INFORMATION CONTACT: Alex
Villanueva, AD/CVD Operations,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3208.
AGENCY:
Extension of Initiation of Investigations
The Petitions
On March 14, 2024, the U.S.
Department of Commerce (Commerce)
received antidumping and
countervailing duty petitions on imports
of 2,4-dichlorophenoxyacetic acid (2,4D) from the People’s Republic of China
and India, filed by Corteva Agriscience
LLC (the petitioner) on behalf of the
domestic industry producing 2,4-D.1
Determination of Industry Support for
the Petitions
Sections 702(b)(1) and 732(b)(1) of the
Tariff Act of 1930, as amended (the Act),
require that a petition be filed by or on
behalf of the domestic industry. To
determine that the petition has been
filed by or on behalf of the industry,
sections 702(c)(4)(A) and 732(c)(4)(A) of
the Act require that the domestic
producers or workers who support the
petition account for: (i) at least 25
percent of the total production of the
domestic like product; and (ii) more
than 50 percent of the production of the
1 See Petitioner’s Letter, ‘‘Petitions for the
Imposition of Antidumping and Countervailing
Duties: 2,4-Dichlorophenoxyacetic Acid (‘‘2,4-D’’)
from the People’s Republic of China and India,’’
dated March 14, 2024 (the Petitions).
E:\FR\FM\08APN1.SGM
08APN1
Agencies
[Federal Register Volume 89, Number 68 (Monday, April 8, 2024)]
[Notices]
[Pages 24429-24431]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07409]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-870]
Certain Oil Country Tubular Goods From the Republic of Korea:
Final Results of Antidumping Duty Administrative Review and Final
Determination of No Shipments; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
certain producers/exporters subject to this review made sales of oil
country tubular goods (OCTG) from the Republic of Korea (Korea) at less
than normal value (NV) during the period of review (POR) September 1,
2021, through August 31, 2022, and that HiSteel Co., Ltd. (HiSteel) had
no shipments of subject merchandise to the United States during the
POR.
DATES: Applicable April 8, 2024.
FOR FURTHER INFORMATION CONTACT: Mark Flessner or Mike Heaney, AD/CVD
Operations, Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-6312 or (202) 482-4475,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 5, 2023, Commerce published the Preliminary Results.\1\
We invited interested parties to comment on the Preliminary Results.
Between November 6 and 13, 2023, Commerce received timely filed case
and rebuttal briefs from various interested parties.\2\ On December 13,
2023, we extended the deadline for issuing the final results of this
administrative review, until April 2,
[[Page 24430]]
2024.\3\ These final results cover 16 companies.\4\ Commerce conducted
this review in accordance with section 751(a) of the Tariff Act of
1930, as amended (the Act).
---------------------------------------------------------------------------
\1\ See Certain Oil Country Tubular Goods from the Republic of
Korea: Preliminary Results of Antidumping Duty Administrative Review
and Preliminary Determination of No Shipments; 2021-2022, 88 FR
69118 (October 5, 2023) (Preliminary Results), and accompanying
Preliminary Decision Memorandum.
\2\ See Vallourec Star L.P. and Welded Tube USA's (collectively,
the domestic interested parties) Letter, ``Case Brief,'' dated
November 6, 2023; SeAH Steel Corporation (SeAH)'s Letter, ``Case
Brief,'' dated November 6, 2023; NEXTEEL Co., Ltd. (NEXTEEL)'s
Letter, ``Letter in Lieu of Case Brief,'' dated November 6, 2023;
Domestic Interested Parties' Letter, ``Rebuttal Brief,'' dated
November 13, 2023; and SeAH's Letter, ``Rebuttal Brief,'' dated
November 13, 2023; and Husteel Co., Ltd. (Husteel)'s Letter,
``Letter in Lieu of Rebuttal Brief,'' dated November 13, 2023.
\3\ See Memorandum, ``Extension of Deadline for Final Results of
Antidumping Duty Administrative Review, 2021-2022,'' dated December
13, 2023.
\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 66275 (November 3, 2022). The 16
companies consist of two mandatory respondents, 13 companies not
individually examined, and one company that had no shipments.
---------------------------------------------------------------------------
For a complete description of the events that followed the
Preliminary Results of this administrative review, see the Issues and
Decision Memorandum.\5\ 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. Additionally, a complete version of the Issues and
Decision Memorandum can be accessed at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------
\5\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2021-2022 Administrative Review of the
Antidumping Duty Order on Certain Oil Country Tubular Goods from the
Republic of Korea,'' dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order 6
---------------------------------------------------------------------------
\6\ See Certain Oil Country Tubular Goods from India, the
Republic of Korea, Taiwan, the Republic of Turkey, and the Socialist
Republic of Vietnam: Antidumping Duty Orders; and Certain Oil
Country Tubular Goods from the Socialist Republic of Vietnam:
Amended Final Determination of Sales at Less Than Fair Value, 79 FR
53691 (September 10, 2014) (Order).
---------------------------------------------------------------------------
The merchandise covered by the Order is certain OCTG. For a
complete description of the scope of the Order, see the Issues and
Decision Memorandum.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs that were
submitted by parties in this review are addressed in the Issues and
Decision Memorandum and listed in the appendix to this notice.
Changes Since the Preliminary Results
Based on our analysis of the comments received, we made no changes
to the Preliminary Results.
Final Determination of No Shipments
In the Preliminary Results, Commerce found that HiSteel did not
have shipments of subject merchandise to the United States during the
POR. No parties commented on this determination. Accordingly, for the
final results of review, we continue to find that HiSteel made no
shipments of subject merchandise to the United States during the POR.
Consistent with Commerce's practice,\7\ we intend to instruct U.S.
Customs and Border Protection (CBP) to liquidate any existing entries
of subject merchandise produced by HiSteel, but exported by other
parties, at the rate for the intermediate reseller, if available, or at
the all-others rate of 5.24 percent.\8\
---------------------------------------------------------------------------
\7\ See, e.g., Certain Corrosion-Resistant Steel Products from
Taiwan: Final Results of the Antidumping Duty Administrative Review
and Final Determination of No Shipments; 2018-2019, 86 FR 28554 (May
27, 2021).
\8\ See Certain Oil Country Tubular Goods from the Republic of
Korea: Notice of Court Decision Not in Harmony with Final
Determination, 81 FR 59603 (August 30, 2016).
---------------------------------------------------------------------------
Final Results of Review
For these final results, Commerce determines that the following
weighted-average dumping margins exist for the period September 1,
2021, through August 31, 2022:
---------------------------------------------------------------------------
\9\ See Appendix II for a full list of these companies.
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
Hyundai Steel Company....................................... 0.00
SeAH Steel Corporation...................................... 1.18
Non-examined companies \9\.................................. 1.18
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Rate for Non-Examined Companies
For the rate for non-selected respondents in an administrative
review, 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. Under section 735(c)(5)(A)
of the Act, the all-others rate is normally ``an amount equal to the
weighted-average of the estimated weighted-average dumping margins
established for exporters and producers individually investigated,
excluding any zero or de minimis margins, and any margins determined
entirely {on the basis of facts available{time} .'' For these final
results, we calculated a dumping margin of 1.18 percent for SeAH and a
zero dumping margin for Hyundai Steel Company, the mandatory
respondents in this review. Consistent with our normal methodology, we
have assigned to the companies not individually examined (see Appendix
II for a full list of these companies) a margin of 1.18 percent, which
is the margin calculated for SeAH.
Disclosure
Because no changes were made to the Preliminary Results, no
disclosure of calculations is necessary for these final results.
Assessment
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
Commerce shall determine, and CBP shall assess, antidumping duties on
all appropriate entries of subject merchandise in accordance with the
final results of this review.
Where the respondent reported reliable entered values, we
calculated importer- (or customer-) specific ad valorem rates by
aggregating the dumping margins calculated for all U.S. sales to each
importer (or customer) and dividing this amount by the total entered
value of the sales to each importer (or customer).\10\ Where Commerce
calculated a weighted-average dumping margin by dividing the total
amount of dumping for reviewed sales to that party by the total sales
quantity associated with those transactions, Commerce will direct CBP
to assess importer- (or customer-) specific assessment rates based on
the resulting per-unit rates.\11\ Where an importer- (or customer-)
specific ad valorem or per-unit rate is greater than de minimis (i.e.,
0.50 percent), Commerce will instruct CBP to collect the appropriate
duties at the time of liquidation.\12\ Where an importer- (or customer-
) specific ad valorem or per-unit rate is zero or de minimis, Commerce
will instruct CBP to liquidate appropriate entries without regard to
antidumping duties.\13\
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\10\ See 19 CFR 351.212(b)(1).
\11\ Id.
\12\ Id.
\13\ See 19 CFR 351.106(c)(2).
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For the companies which were not selected for individual review, we
will assign an assessment rate based on the methodology described in
the ``Rates for Non-Examined Companies'' section, above.
Consistent with Commerce's assessment practice, for entries of
subject merchandise during the POR produced by Hyundai Steel Company,
SeAH, or the non-examined companies for which the producer did not know
that its merchandise was destined for the United States, we will
instruct CBP to liquidate unreviewed entries at the all-others rate
established in the original less-than-fair-value (LTFV) investigation
(i.e., 5.24 percent) \14\ if there is no rate
[[Page 24431]]
for the intermediate company(ies) involved in the transaction.\15\
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\14\ See Certain Oil Country Tubular Goods from the Republic of
Korea: Notice of Court Decision Not in Harmony with Final
Determination, 81 FR 59603, 59604 (August 30, 2016) (OCTG Korea
Timken Notice).
\15\ 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.\16\ 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).
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\16\ See Notice of Discontinuation Policy to Issue Liquidation
Instructions After 15 Days in Applicable Antidumping and
Countervailing Duty Administrative Proceedings, 86 FR 3995 (January
15, 2021).
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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 for by section 751(a)(2)(C)
of the Act: (1) the cash deposit rates for the companies listed in
these final results will be equal to the weighted-average dumping
margins established in the final results of this review; (2) for
merchandise exported by producers or exporters not covered in this
review but covered in a prior segment of this proceeding, the cash
deposit rate will continue to be the company-specific rate published
for the most recently completed segment in which the company was
reviewed; (3) if the exporter is not a firm covered in this review, a
prior review, or the original LTFV investigation, but the producer is,
the cash deposit rate will be the rate established for the most
recently completed segment of this proceeding for the producer of the
subject merchandise; and (4) the cash deposit rate for all other
producers or exporters will continue to be 5.24 percent,\17\ the all-
others rate established in the LTFV investigation. These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\17\ See OCTG Korea Timken Notice, 81 FR at 59604.
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Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping 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
countervailing duties.
Administrative Protective Order
This notice also serves as the only reminder to parties subject to
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), 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 sanctionable violation.
Notification to Interested Parties
This administrative review and notice are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.213(h) and 19 CFR 351.221(b)(5).
Dated: April 2, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the 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. Final Determination of No Shipments
V. Changes Since the Preliminary Results
VI. Rate for Non-Examined Companies
VII. Discussion of the Issues
Comment 1: Constructed Value (CV) Profit and Selling Expenses
Comment 2: CV Profit Cap
Comment 3: Constructed Export Price (CEP) Offset
Comment 4: Differential Pricing Analysis
Comment 5: Inconsistencies in the ``Region'' Parameters for
Differential Pricing Analysis
VIII. Recommendation
Appendix II
List of Companies Not Individually Examined
1. AJU Besteel Co., Ltd.
2. Dong-A Steel Co., Ltd.
3. Husteel Co., Ltd.
4. ILJIN Steel Corporation
5. K Steel Corporation
6. Keonwoo Metals Co., Ltd.
7. Kukje Steel
8. MSTEEL Co., Ltd.
9. NEXTEEL Co., Ltd.
10. Nissei Trading Co., Ltd.
11. POSCO International Corporation
12. Sungwon Steel Co., Ltd.
13. TGS Pipe
[FR Doc. 2024-07409 Filed 4-5-24; 8:45 am]
BILLING CODE 3510-DS-P