[Federal Register Volume 77, Number 236 (Friday, December 7, 2012)]
[Notices]
[Pages 73015-73017]
From the Federal Register Online via the Government Publishing 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review requests were timely withdrawn: Dongbu Steel Co., Ltd., SeAH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