Large Diameter Welded Pipe From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2022-2023, 47523-47525 [2024-12116]
Download as PDF
Federal Register / Vol. 89, No. 107 / Monday, June 3, 2024 / Notices
Scope of the Order
The product covered by the Order is
welded pipe from Korea. For a full
description of the scope, see the
Preliminary Decision Memorandum.5
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–897]
Large Diameter Welded Pipe From the
Republic of Korea: Preliminary Results
of Antidumping Duty Administrative
Review; 2022–2023
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that large diameter welded
pipe (welded pipe) from the Republic of
Korea (Korea) was not sold in the
United States at less than normal value
(NV) during the period of review (POR)
May 1, 2022, through April 30, 2023.
We invite interested parties to comment
on these preliminary results.
DATES: Applicable June 3, 2024.
FOR FURTHER INFORMATION CONTACT: Kate
Johnson or Davyd Williams, 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) 482–4929 or (202) 482–4338,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
lotter on DSK11XQN23PROD with NOTICES1
On May 2, 2019, Commerce published
in the Federal Register the antidumping
duty order on welded pipe from Korea.1
On May 2, 2023, Commerce published
in the Federal Register a notice of
opportunity to request an administrative
review of the Order.2 On July 12, 2023,
in accordance with 19 CFR
351.221(c)(1)(i), Commerce initiated an
administrative review of the Order.3
Pursuant to section 751(a)(3)(A) of the
Tariff Act of 1930, as amended (the Act),
on December 20, 2023, Commerce
extended the deadline for the
preliminary results of this review until
May 30, 2024.4
1 See Large Diameter Welded Pipe from the
Republic of Korea: Amended Final Affirmative
Antidumping Determination and Antidumping
Duty Order, 84 FR 18767 (May 2, 2019) (Order).
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review and Join Annual
Inquiry Service List, 88 FR 27445 (May 2, 2023).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
44262, 44267 (July 12, 2023), and Initiation of
Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 62323, 62328 n.8
(September 11, 2023).
4 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review,’’ dated December 20, 2023.
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47523
minimis, or determined entirely using
facts available, section 735(c)(5)(B) of
the Act instructs that Commerce ‘‘may
use any reasonable method to establish
the estimated all-others rate for
exporters and producers not
individually investigated, including
averaging the estimated weighted
average dumping margins determined
for the exporters and producers
individually investigated.’’ One such
reasonable method is to weight average
the zero and de minimis rates, and the
rates determined entirely pursuant to
facts available. In fact, the SAA states
that this is the ‘‘expected’’ method in
such circumstances.6
In this review, we have preliminarily
calculated a weighted-average dumping
margin for each of the mandatory
respondents, Hyundai Steel Company
(Hyundai Steel) and SeAH Steel
Corporation (SeAH), that is zero
percent. Accordingly, we preliminarily
assign to the non-selected companies a
dumping margin of zero percent
consistent with section 735(c)(5)(B) of
the Act.
Methodology
Commerce is conducting this
administrative review in accordance
with section 751(a) of the Act.
Constructed export price is calculated in
accordance with section 772 of the Act.
NV 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 topics
included in the Preliminary Decision
Memorandum is attached as an
appendix to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
Preliminary Results of the Review
version of the Preliminary Decision
We preliminarily determine that the
Memorandum can be accessed at
following estimated weighted-average
https://access.trade.gov/public/
FRNoticesListLayout.aspx.
dumping margins exist for the period
May 1, 2022, through April 30, 2023:
Rate for Non-Selected Companies
The statute and Commerce’s
Weightedaverage
regulations do not address the
Exporter and/or producer
dumping
establishment of a weighted-average
margin
dumping margin to be determined for
(percent)
companies not selected for individual
examination when Commerce limits its
Hyundai Steel Company .............
0.00
0.00
examination in an administrative review SeAH Steel Corporation .............
Non-Examined Companies 7 ......
0.00
pursuant to section 777A(c)(2) of the
Act. Generally, Commerce looks to
Disclosure and Public Comment
section 735(c)(5) of the Act, which
provides instructions for calculating the
Commerce intends to disclose its
all-others rate in an investigation, for
calculations performed for these
guidance when determining the
preliminary results to interested parties
weighted-average dumping margin for
within five days of the date of
companies which were not selected for
publication of this notice in the Federal
individual examination in an
Register in accordance with 19 CFR
administrative review. Under section
351.224(b).
735(c)(5)(A) of the Act, the all-others
Interested parties may submit case
rate is normally ‘‘an amount equal to the briefs to Commerce no later than 30
weighted average of the estimated
days after the date of publication of this
weighted average dumping margins
notice.8 Rebuttal briefs, limited to issues
established for exporters and producers
raised in the case briefs, may be filed
individually investigated, excluding any not later than five days after the date for
zero and de minimis margins, and any
filing case briefs.9 Interested parties
margins determined entirely {on the
basis of facts available}.’’
6 See Statement of Administrative Action
Where the rates for the individually
Accompanying the Uruguay Round Agreements
examined companies are all zero, de
Act, H.R. Doc. 103–316, vol. 1 (1994) (SAA) at 873.
7 See
5 See
Memorandum, ‘‘Decision Memorandum for
Preliminary Results of the Antidumping Duty
Administrative Review of Large Diameter Welded
Pipe from the Republic of Korea; 2022–2023,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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Appendix II.
19 CFR 351.309(c)(1)(ii); see also 19 CFR
351.303 (for general filing requirements).
9 See 19 CFR 351.309(d); see also Administrative
Protective Order, Service, and Other Procedures in
Antidumping and Countervailing Duty Proceedings,
8 See
E:\FR\FM\03JNN1.SGM
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03JNN1
47524
Federal Register / Vol. 89, No. 107 / Monday, June 3, 2024 / Notices
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.10 Case and
rebuttal briefs should be filed using
ACCESS.
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.11 Further, we
request that interested parties limit their
public executive summary of each issue
to no more than 450 words, not
including citations. We intend to use
the public 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 public 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).12
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 whether any
participant is a foreign national; and (3)
a list of issues to be discussed. Issues
raised in the hearing will be limited to
those raised in the respective case and
rebuttal briefs. An electronically filed
hearing request must be received
successfully in its entirety via ACCESS
by 5 p.m. Eastern Time within 30 days
after the date of publication of this
notice.
lotter on DSK11XQN23PROD with NOTICES1
Assessment Rates
Pursuant to section 751(a)(2)(A) of the
Act and 19 CFR 351.212(b)(1), upon
completion of the final results of this
administrative review, Commerce shall
determine, and U.S. Customs and
Border Protection (CBP) shall assess,
88 FR 67069, 67077 (September 29, 2023) (APO and
Service Final Rule).
10 See 19 CFR 351.309(c)(2) and (d)(2).
11 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
12 See APO and Service Final Rule, 88 FR at
67069.
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18:00 May 31, 2024
Jkt 262001
antidumping duties on all appropriate
entries of subject merchandise covered
by this review.
If the weighted-average dumping
margin for an individually examined
respondent is not zero or de minimis
(i.e., less than 0.5 percent) in the final
results of this review, Commerce
intends to calculate an importer-specific
ad valorem antidumping duty
assessment rate based on the ratio of the
total amount of dumping calculated for
each importer’s examined sales to the
total entered value of those sales, in
accordance with 19 CFR 351.212(b)(1).13
We intend to instruct CBP to assess
antidumping duties on all appropriate
entries covered by this review when the
importer-specific assessment rate
calculated in the final results of this
review is above de minimis (i.e., 0.50
percent).
Where we do not have entered values
for all U.S. sales to a particular importer
(or customer), we will calculate a perunit assessment rate by aggregating the
antidumping duties due for all U.S.
sales to that importer (or customer) and
dividing this amount by the total
quantity sold to that importer (or
customer).14 To determine whether a
per-unit assessment rate is de minimis,
we will calculate estimated entered
values.
If the weighted-average dumping
margin for an individually examined
respondent or an importer-specific
assessment rate is zero or de minimis in
the final results of review, we intend to
instruct CBP to liquidate the appropriate
entries without regard to antidumping
duties.15 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 deposits of
estimated duties, where applicable.16
For entries of subject merchandise
during the POR produced by each
individually examined respondent for
which it did not know that the
merchandise was destined for the
United States, we intend to instruct CBP
to liquidate unreviewed entries at the
all-others rate (i.e., 7.08 percent)
established in the less-than-fair-value
(LTFV) investigation 17 if there is no rate
13 See Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101, 8103
(February 14, 2012) (Final Modification).
14 See 19 CFR 351.212(b)(1).
15 See 19 CFR 351.106(c)(2); see also Final
Modification, 77 FR at 8103.
16 See section 751(a)(2)(C) of the Act.
17 See Order, 87 FR at 14515.
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for the intermediate company involved
in the transaction.18
Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the date of
publication of the final results of this
administrative 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 the subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication, as provided by section
751(a)(2)(C) of the Act: (1) the cash
deposit rate for Hyundai Steel and
SeAH will be equal to the weighedaverage dumping margin established in
the final results of this administrative
review, except if the rate is less than
0.50 percent, and, therefore, de minimis
within the meaning of 19 CFR
351.106(c)(1), in which case the cash
deposit rate will be zero; (2) for
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 cash deposit rate
published in the completed segment for
the most recent period; (3) if the
exporter is not a firm covered in this
review, or a previous segment, but the
producer is, then the cash deposit rate
will be the rate established in the
completed segment for the most recent
period of the producer of the
merchandise; and (4) the cash deposit
rate for all other producers or exporters
will continue to be 7.08 percent, the allothers rate established in the LTFV
investigation.19 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Final Results of the Review
Unless the deadline is extended,
Commerce intends to issue the final
results of this administrative review,
including the results of our analysis of
issues raised by interested parties in any
case or rebuttal briefs, within 120 days
18 For 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, 84 FR at 18769.
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47525
Federal Register / Vol. 89, No. 107 / Monday, June 3, 2024 / Notices
of publication of these preliminary
results in the Federal Register.20
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 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 doubled
antidumping duties, and/or an increase
in the amount of antidumping duties by
the amount of the countervailing duties.
2. Chang Won Bending Co., Ltd.
3. Daiduck Piping Co., Ltd.
4. Dong Yang Steel Pipe Co., Ltd.
5. Dongbu Incheon Steel Co., Ltd.
6. EEW KHPC Co., Ltd.
7. EEW Korea Co., Ltd.
8. Geumok Tech. Co. Ltd.
9. Hansol Metal Co. Ltd.
10. HiSteel Co., Ltd.
11. Husteel Co., Ltd.
12. Hyundai RB Co., Ltd.
13. Il Jin Nts Co. Ltd.
14. Kiduck Industries Co., Ltd.
15. Kum Kang Kind. Co., Ltd.
16. Kumsoo Connecting Co., Ltd.
17. Nexteel Co., Ltd.
18. Seonghwa Industrial Co., Ltd.
19. SIN–E B&P Co., Ltd.
20. Steel Flower Co., Ltd.
21. WELTECH Co., Ltd.
which covers the same order(s) and
suspended investigation(s).
DATES:
FOR FURTHER INFORMATION CONTACT:
Commerce official identified in the
Initiation of Review section below at
AD/CVD Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230. For
information from the ITC, contact Mary
Messer, Office of Investigations, U.S.
International Trade Commission at (202)
205–3193.
SUPPLEMENTARY INFORMATION:
[FR Doc. 2024–12116 Filed 5–31–24; 8:45 am]
BILLING CODE 3510–DS–P
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: May 28, 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 Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
Appendix II—Companies Not Selected
for Individual Review
1. AJU Besteel Co., Ltd.
DEPARTMENT OF COMMERCE
International Trade Administration
Initiation of Five-Year (Sunset)
Reviews
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: In accordance with the Tariff
Act of 1930, as amended (the Act), the
U.S. Department of Commerce
(Commerce) is automatically initiating
the five-year reviews (Sunset Reviews)
of the antidumping duty and
countervailing duty (AD/CVD) order(s)
and suspended investigation(s) listed
below. The U.S. International Trade
Commission (ITC) is publishing
concurrently with this notice its notice
of Institution of Five-Year Reviews
AGENCY:
Background
Commerce’s procedures for the
conduct of Sunset Reviews are set forth
in its Procedures for Conducting FiveYear (Sunset) Reviews of Antidumping
and Countervailing Duty Orders, 63 FR
13516 (March 20, 1998) and 70 FR
62061 (October 28, 2005). Guidance on
methodological or analytical issues
relevant to Commerce’s conduct of
Sunset Reviews is set forth in
Antidumping Proceedings: Calculation
of the Weighted-Average Dumping
Margin and Assessment Rate in Certain
Antidumping Duty Proceedings; Final
Modification, 77 FR 8101 (February 14,
2012).
Initiation of Review
In accordance with section 751(c) of
the Act and 19 CFR 351.218(c), we are
initiating the Sunset Reviews of the
following antidumping and
countervailing duty order(s) and
suspended investigation(s):
DOC Case No.
ITC Case No.
Country
Product
A–570–875 ................
731–TA–990 ...........
China ......................
A–570–084 ................
731–TA–1416 .........
China ......................
Non-Malleable Cast Iron Pipe Fittings
(4th Review).
Quartz Surface Products (1st Review) ....
A–570–922 ................
731–TA–1129 .........
China ......................
Raw Flexible Magnets (3rd Review) .......
A–583–842 ................
731–TA–1130 .........
Taiwan ....................
Raw Flexible Magnets (3rd Review) ........
C–570–085 ...............
701–TA–606 ...........
China ......................
Quartz Surface Products (1st Review) ....
C–570–923 ...............
701–TA–452 ...........
China ......................
Raw Flexible Magnets (3rd Review) ........
Filing Information
lotter on DSK11XQN23PROD with NOTICES1
Applicable June 3, 2024.
regulations, Commerce’s schedule for
Sunset Reviews, a listing of past
revocations and continuations, and
current service lists, available to the
public on Commerce’s website at the
following address: https://
As a courtesy, we are making
information related to sunset
proceedings, including copies of the
pertinent statute and Commerce’s
Commerce contact
enforcement.trade.gov/sunset/. All
submissions in these Sunset Reviews
must be filed in accordance with
Commerce’s regulations regarding
format, translation, and service of
documents. These rules, including
20 See section 751(a)(3)(A) of the Act and 19 CFR
351.213(h).
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18:00 May 31, 2024
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Thomas Martin, (202) 482–
3936.
Mary Kolberg, (202) 482–
1785.
Mary Kolberg, (202) 482–
1785.
Mary Kolberg, (202) 482–
1785.
Thomas Martin, (202) 482–
3936.
Mary Kolberg, (202) 482–
1785.
E:\FR\FM\03JNN1.SGM
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Agencies
[Federal Register Volume 89, Number 107 (Monday, June 3, 2024)]
[Notices]
[Pages 47523-47525]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12116]
[[Page 47523]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-897]
Large Diameter Welded Pipe From the Republic of Korea:
Preliminary Results of Antidumping Duty Administrative Review; 2022-
2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that large diameter welded pipe (welded pipe) from the
Republic of Korea (Korea) was not sold in the United States at less
than normal value (NV) during the period of review (POR) May 1, 2022,
through April 30, 2023. We invite interested parties to comment on
these preliminary results.
DATES: Applicable June 3, 2024.
FOR FURTHER INFORMATION CONTACT: Kate Johnson or Davyd Williams, 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) 482-4929 or (202)
482-4338, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 2, 2019, Commerce published in the Federal Register the
antidumping duty order on welded pipe from Korea.\1\ On May 2, 2023,
Commerce published in the Federal Register a notice of opportunity to
request an administrative review of the Order.\2\ On July 12, 2023, in
accordance with 19 CFR 351.221(c)(1)(i), Commerce initiated an
administrative review of the Order.\3\ Pursuant to section 751(a)(3)(A)
of the Tariff Act of 1930, as amended (the Act), on December 20, 2023,
Commerce extended the deadline for the preliminary results of this
review until May 30, 2024.\4\
---------------------------------------------------------------------------
\1\ See Large Diameter Welded Pipe from the Republic of Korea:
Amended Final Affirmative Antidumping Determination and Antidumping
Duty Order, 84 FR 18767 (May 2, 2019) (Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review and Join Annual Inquiry Service List, 88 FR 27445 (May 2,
2023).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 44262, 44267 (July 12, 2023), and
Initiation of Antidumping and Countervailing Duty Administrative
Reviews, 88 FR 62323, 62328 n.8 (September 11, 2023).
\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated December
20, 2023.
---------------------------------------------------------------------------
Scope of the Order
The product covered by the Order is welded pipe from Korea. For a
full description of the scope, see the Preliminary Decision
Memorandum.\5\
---------------------------------------------------------------------------
\5\ See Memorandum, ``Decision Memorandum for Preliminary
Results of the Antidumping Duty Administrative Review of Large
Diameter Welded Pipe from the Republic of Korea; 2022-2023,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
Methodology
Commerce is conducting this administrative review in accordance
with section 751(a) of the Act. Constructed export price is calculated
in accordance with section 772 of the Act. NV 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
topics included in the Preliminary Decision Memorandum is attached as
an appendix to this notice. The Preliminary Decision Memorandum is a
public document and is on file electronically via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS). ACCESS is available to registered users at
https://access.trade.gov. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Rate for Non-Selected Companies
The statute and Commerce's regulations do not address the
establishment of a weighted-average dumping margin to be determined for
companies not selected for individual examination when Commerce limits
its examination in an administrative review pursuant to section
777A(c)(2) of the Act. Generally, Commerce looks to section 735(c)(5)
of the Act, which provides instructions for calculating the all-others
rate in an investigation, for guidance when determining the weighted-
average dumping margin for companies which were not selected for
individual examination in an administrative review. Under section
735(c)(5)(A) of the Act, the all-others rate is normally ``an amount
equal to the weighted average of the estimated weighted average dumping
margins established for exporters and producers individually
investigated, excluding any zero and de minimis margins, and any
margins determined entirely {on the basis of facts available{time} .''
Where the rates for the individually examined companies are all
zero, de minimis, or determined entirely using facts available, section
735(c)(5)(B) of the Act instructs that Commerce ``may use any
reasonable method to establish the estimated all-others rate for
exporters and producers not individually investigated, including
averaging the estimated weighted average dumping margins determined for
the exporters and producers individually investigated.'' One such
reasonable method is to weight average the zero and de minimis rates,
and the rates determined entirely pursuant to facts available. In fact,
the SAA states that this is the ``expected'' method in such
circumstances.\6\
---------------------------------------------------------------------------
\6\ See Statement of Administrative Action Accompanying the
Uruguay Round Agreements Act, H.R. Doc. 103-316, vol. 1 (1994) (SAA)
at 873.
---------------------------------------------------------------------------
In this review, we have preliminarily calculated a weighted-average
dumping margin for each of the mandatory respondents, Hyundai Steel
Company (Hyundai Steel) and SeAH Steel Corporation (SeAH), that is zero
percent. Accordingly, we preliminarily assign to the non-selected
companies a dumping margin of zero percent consistent with section
735(c)(5)(B) of the Act.
Preliminary Results of the Review
We preliminarily determine that the following estimated weighted-
average dumping margins exist for the period May 1, 2022, through April
30, 2023:
---------------------------------------------------------------------------
\7\ See Appendix II.
------------------------------------------------------------------------
Weighted-
average
Exporter and/or producer dumping
margin
(percent)
------------------------------------------------------------------------
Hyundai Steel Company....................................... 0.00
SeAH Steel Corporation...................................... 0.00
Non-Examined Companies \7\.................................. 0.00
------------------------------------------------------------------------
Disclosure and Public Comment
Commerce intends to disclose its calculations performed for these
preliminary results to interested parties within five days of the date
of publication of this notice in the Federal Register in accordance
with 19 CFR 351.224(b).
Interested parties may submit case briefs to Commerce no later than
30 days after the date of publication of this notice.\8\ 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.\9\
Interested parties
[[Page 47524]]
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.\10\ Case and rebuttal briefs should be filed using ACCESS.
---------------------------------------------------------------------------
\8\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 (for
general filing requirements).
\9\ 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) (APO and Service Final Rule).
\10\ See 19 CFR 351.309(c)(2) and (d)(2).
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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.\11\ Further,
we request that interested parties limit their public executive summary
of each issue to no more than 450 words, not including citations. We
intend to use the public 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 public 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).\12\
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\11\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\12\ See APO and Service Final Rule, 88 FR at 67069.
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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 whether any
participant is a foreign national; and (3) a list of issues to be
discussed. Issues raised in the hearing will be limited to those raised
in the respective case and rebuttal briefs. An electronically filed
hearing request must be received successfully in its entirety via
ACCESS by 5 p.m. Eastern Time within 30 days after the date of
publication of this notice.
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR
351.212(b)(1), upon completion of the final results of this
administrative review, Commerce shall determine, and U.S. Customs and
Border Protection (CBP) shall assess, antidumping duties on all
appropriate entries of subject merchandise covered by this review.
If the weighted-average dumping margin for an individually examined
respondent is not zero or de minimis (i.e., less than 0.5 percent) in
the final results of this review, Commerce intends to calculate an
importer-specific ad valorem antidumping duty assessment rate based on
the ratio of the total amount of dumping calculated for each importer's
examined sales to the total entered value of those sales, in accordance
with 19 CFR 351.212(b)(1).\13\ We intend to instruct CBP to assess
antidumping duties on all appropriate entries covered by this review
when the importer-specific assessment rate calculated in the final
results of this review is above de minimis (i.e., 0.50 percent).
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\13\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101, 8103 (February 14,
2012) (Final Modification).
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Where we do not have entered values for all U.S. sales to a
particular importer (or customer), we will calculate a per-unit
assessment rate by aggregating the antidumping duties due for all U.S.
sales to that importer (or customer) and dividing this amount by the
total quantity sold to that importer (or customer).\14\ To determine
whether a per-unit assessment rate is de minimis, we will calculate
estimated entered values.
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\14\ See 19 CFR 351.212(b)(1).
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If the weighted-average dumping margin for an individually examined
respondent or an importer-specific assessment rate is zero or de
minimis in the final results of review, we intend to instruct CBP to
liquidate the appropriate entries without regard to antidumping
duties.\15\ 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
deposits of estimated duties, where applicable.\16\
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\15\ See 19 CFR 351.106(c)(2); see also Final Modification, 77
FR at 8103.
\16\ See section 751(a)(2)(C) of the Act.
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For entries of subject merchandise during the POR produced by each
individually examined respondent for which it did not know that the
merchandise was destined for the United States, we intend to instruct
CBP to liquidate unreviewed entries at the all-others rate (i.e., 7.08
percent) established in the less-than-fair-value (LTFV) investigation
\17\ if there is no rate for the intermediate company involved in the
transaction.\18\
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\17\ See Order, 87 FR at 14515.
\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
administrative 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 the subject merchandise
entered, or withdrawn from warehouse, for consumption on or after the
date of publication, as provided by section 751(a)(2)(C) of the Act:
(1) the cash deposit rate for Hyundai Steel and SeAH will be equal to
the weighed-average dumping margin established in the final results of
this administrative review, except if the rate is less than 0.50
percent, and, therefore, de minimis within the meaning of 19 CFR
351.106(c)(1), in which case the cash deposit rate will be zero; (2)
for 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 cash deposit rate published in
the completed segment for the most recent period; (3) if the exporter
is not a firm covered in this review, or a previous segment, but the
producer is, then the cash deposit rate will be the rate established in
the completed segment for the most recent period of the producer of the
merchandise; and (4) the cash deposit rate for all other producers or
exporters will continue to be 7.08 percent, the all-others rate
established in the LTFV investigation.\19\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\19\ See Order, 84 FR at 18769.
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Final Results of the Review
Unless the deadline is extended, Commerce intends to issue the
final results of this administrative review, including the results of
our analysis of issues raised by interested parties in any case or
rebuttal briefs, within 120 days
[[Page 47525]]
of publication of these preliminary results in the Federal
Register.\20\
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\20\ See section 751(a)(3)(A) of the Act and 19 CFR 351.213(h).
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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 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 doubled antidumping duties, and/or an
increase in the amount of antidumping duties by the amount of the
countervailing 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: May 28, 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 Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
Appendix II--Companies Not Selected for Individual Review
1. AJU Besteel Co., Ltd.
2. Chang Won Bending Co., Ltd.
3. Daiduck Piping Co., Ltd.
4. Dong Yang Steel Pipe Co., Ltd.
5. Dongbu Incheon Steel Co., Ltd.
6. EEW KHPC Co., Ltd.
7. EEW Korea Co., Ltd.
8. Geumok Tech. Co. Ltd.
9. Hansol Metal Co. Ltd.
10. HiSteel Co., Ltd.
11. Husteel Co., Ltd.
12. Hyundai RB Co., Ltd.
13. Il Jin Nts Co. Ltd.
14. Kiduck Industries Co., Ltd.
15. Kum Kang Kind. Co., Ltd.
16. Kumsoo Connecting Co., Ltd.
17. Nexteel Co., Ltd.
18. Seonghwa Industrial Co., Ltd.
19. SIN-E B&P Co., Ltd.
20. Steel Flower Co., Ltd.
21. WELTECH Co., Ltd.
[FR Doc. 2024-12116 Filed 5-31-24; 8:45 am]
BILLING CODE 3510-DS-P