[Federal Register Volume 77, Number 236 (Friday, December 7, 2012)]
[Notices]
[Pages 73015-73017]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29635]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-809]


Circular Welded Non-Alloy Steel Pipe From the Republic of Korea: 
Preliminary Results of Antidumping Duty Administrative Review; 2010-
2011

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the antidumping duty order on circular welded 
non-alloy steel pipe (CWP) from the Republic of Korea (Korea). The 
period of review (POR) is November 1, 2010, through October 31, 2011, 
and the review covers two producers/exporters of the subject 
merchandise, Husteel Co., Ltd. (Husteel) and Hyundai HYSCO (HYSCO). We 
have preliminarily found that one respondent has made sales of the 
subject merchandise at prices below normal value. We are also 
rescinding this review for seven other producers/exporters.

DATES: Effective Date: December 7, 2012.

FOR FURTHER INFORMATION CONTACT: Mary Kolberg, or Jennifer Meek, AD/CVD 
Operations, Office 1, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington DC 20230; telephone (202) 482-1785 
or (202) 482-2778, respectively.

Scope of the Order

    The merchandise subject to the order is circular welded non-alloy 
steel pipe and tube. The product is currently classifiable under the 
following Harmonized Tariff Schedule (HTS) subheadings: 7306.30.10.00, 
7306.30.50.25, 7306.30.50.32, 7306.30.50.40, 7306.30.50.55, 
7306.30.50.85, and 7306.30.50.90. Although the HTS subheadings are 
provided for convenience and customs purposes, the written product 
description, available in Circular Welded Non-Alloy Steel Pipe From the 
Republic of Korea; Final Results of Antidumping Duty Administrative 
Review, 63 FR 32833 (June 16, 1998), remains dispositive.

Partial Rescission of Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), we are rescinding this 
administrative review with respect to the following parties because the 
review requests were timely withdrawn: Dongbu Steel Co., Ltd., SeAH 
Steel Corporation, A-JU Besteel Co., Ltd., Kumkang Industrial Co., 
Ltd., Nexteel Co., Ltd., Korea Iron & Steel Co., Ltd., and Union Steel 
Co., Ltd.

Methodology

    The Department has conducted this review in accordance with section 
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Constructed 
export price is calculated in accordance with section 772 of the Act. 
Normal value is calculated in accordance with section 773 of the Act. 
In accordance with section 773(b) of the Act, we disregarded certain 
sales made by Husteel and HYSCO in the home market which were made at 
below-cost prices.
    For a full description of the methodology underlying our 
conclusions, see the memorandum from Gary Taverman, Senior Advisor for 
Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, 
Acting Assistant Secretary for Import Administration, ``Preliminary 
Decision Memorandum for the Administrative Review of the Antidumping 
Duty Order on Circular Welded Non-Alloy Steel Pipe from the Republic of 
Korea'' dated concurrently with this notice (``Preliminary Decision 
Memorandum''), which is hereby adopted by this notice. The Preliminary 
Decision Memorandum is a public document and is on file electronically 
via Import Administration's Antidumping and Countervailing Duty 
Centralized Electronic Service System (IA ACCESS). Access to IA ACCESS 
is available to

[[Page 73016]]

registered users at http://iaaccess.trade.gov and is available to all 
parties in the Central Records Unit, Room 7046 of the main Department 
of Commerce building. In addition, a complete version of the 
Preliminary Decision Memorandum can be accessed directly on the 
Internet at http://www.trade.gov/ia/frn/index.html. The signed 
Preliminary Decision Memorandum and the electronic versions of the 
Preliminary Decision Memorandum are identical in content.

Preliminary Results of the Review

    As a result of this review, we preliminarily determine that the 
following weighted-average dumping margins exist for the respondents 
for the period November 1, 2010, through October 31, 2011.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Manufacturer/exporter                       dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Husteel Co., Ltd............................................        6.54
Hyundai HYSCO...............................................        0.00
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Disclosure and Public Comment

    The Department intends to disclose to interested parties the 
calculations performed in connection with these preliminary results 
within five days of the date of publication of this notice.\1\ Pursuant 
to 19 CFR 351.309(c), interested parties may submit cases briefs not 
later than the later of 30 days after the date of publication of this 
notice. Rebuttal briefs, limited to issues raised in the case briefs, 
may be filed not later than five days after the date for filing case 
briefs.\2\ Parties who submit case briefs or rebuttal briefs in this 
proceeding are encouraged to submit with each argument: (1) A statement 
of the issue; (2) a brief summary of the argument; and (3) a table of 
authorities.\3\ Case and rebuttal briefs should be filed using IA 
ACCESS.\4\
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    \1\ See 19 CFR 351.224(b).
    \2\ See 19 CFR 351.309(d).
    \3\ See 19 CFR 351.309(c)(2) and (d)(2).
    \4\ See 19 CFR 351.303.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, or to participate if one is requested, must submit a 
written request to the Assistant Secretary for Import Administration, 
filed electronically via IA ACCESS. An electronically filed document 
must be received successfully in its entirety by the Department's 
electronic records system, IA ACCESS, by 5 p.m. Eastern Standard Time 
within 30 days after the date of publication of this notice.\5\ 
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. The Department will issue the final 
results of this administrative review, including the results of its 
analysis of the issues raised in any written briefs, not later than 120 
days after the date of publication of this notice, pursuant to section 
751(a)(3)(A) of the Act.
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    \5\ See 19 CFR 351.310(c).
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Assessment Rates

    For Husteel and HYSCO, upon issuance of the final results, the 
Department shall determine, and U.S. Customs and Border Protection 
(CBP) shall assess, antidumping duties on all appropriate entries 
covered by this review. Husteel and HYSCO reported the name of the 
importer of record and the entered value for all of their sales to the 
United States during the POR. If Husteel and HYSCO's weighted-average 
dumping margins are above de minimis (i.e., 0.50 percent) in the final 
results of this review, we will calculate an importer-specific 
assessment rate on the basis of the ratio of the total amount of 
dumping calculated for the importer's examined sales and the total 
entered value of those sales in accordance with 19 CFR 351.212(b)(1).
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. This clarification will apply to entries of subject 
merchandise during the POR produced by Husteel and HYSCO for which they 
did not know its merchandise was destined for the United States. In 
such instances, we will instruct CBP to liquidate unreviewed entries at 
the all-others rate if there is no rate for the intermediate 
company(ies) involved in the transaction. For a full discussion of this 
clarification, see Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
    For Husteel and HYSCO, we intend to issue instructions to CBP 15 
days after publication of the final results of this review.
    For the rescinded companies, antidumping duties shall be assessed 
at rates equal to the cash deposit of estimated antidumping duties 
required at the time of entry, or withdrawal from warehouse, for 
consumption, in accordance with 19 CFR 351.212(c)(1)(i). The Department 
intends to issue appropriate assessment instructions to CBP 15 days 
after the date of publication of this notice.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of the notice of final results of administrative review for 
all shipments of CWP from Korea entered, or withdrawn from warehouse, 
for consumption on or after the date of publication as provided by 
section 751(a)(2) of the Act: (1) The cash deposit rate for HYSCO and 
Husteel will be the rate established in the final results of this 
administrative review; (2) for merchandise exported by manufacturers or 
exporters not covered in this review but covered in a prior segment of 
the proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recent period; (3) if the exporter 
is not a firm covered in this review, a prior review, or the original 
investigation but the manufacturer is, the cash deposit rate will be 
the rate established for the most recent period for the manufacturer of 
the merchandise; (4) the cash deposit rate for all other manufacturers 
or exporters will continue to be 4.80 percent, the ``all others'' rate 
established in the order.\6\ These cash deposit requirements, when 
imposed, shall remain in effect until further notice.
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    \6\ See Notice of Antidumping Duty Orders: Certain Circular 
Welded Non-Alloy Steel Pipe from Brazil, the Republic of Korea 
(Korea), Mexico, and Venezuela, and Amendment to Final Determination 
of Sales at Less Than Fair Value: Certain Circular Welded Non-Alloy 
Steel Pipe from Korea, 57 FR 49453 (November 2, 1992).
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Notification to Importers

    This notice serves as a preliminary reminder and, with respect to 
companies which we rescind in part 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 duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    The Department is issuing and publishing these results in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.


[[Page 73017]]


    Dated: December 3, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

Targeted Dumping Allegations
Application of the Average-to-Transaction Methodology
Results of the Targeted Dumping Analysis
Comparisons to Normal Value
Product Comparisons
Date of Sale
Level of Trade/Constructed Export Price Offset
Constructed Export Price
Normal Value
    A. Selection of Comparison Market
    B. Affiliated Party Transactions and Arm's Length Test
    C. Cost of Production
    1. Calculation of Cost of Production
    2. Test of Comparison Market Sales Prices
    3. Results of the COP Test
    D. Constructed Value
    E. Calculation of Normal Value Based on Comparison Market Prices 
Currency Conversion

[FR Doc. 2012-29635 Filed 12-6-12; 8:45 am]
BILLING CODE 3510-DS-P