[Federal Register Volume 78, Number 113 (Wednesday, June 12, 2013)]
[Notices]
[Pages 35248-35249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-13989]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-809]
Circular Welded Non-Alloy Steel Pipe From the Republic of Korea:
Final Results of Antidumping Duty Administrative Review; 2010-2011
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On December 7, 2012, the Department of Commerce (the
Department) published the preliminary results of the administrative
review of the antidumping duty order on circular welded non-alloy steel
pipe (CWP) from the Republic of Korea (Korea) for the period November
1, 2010, through October 31, 2011.\1\ For these final results, we find
that subject merchandise has been sold at less than normal value.
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\1\ See Circular Welded Non-Alloy Steel Pipe From the Republic
of Korea: Preliminary Results of Antidumping Duty Administrative
Review; 2010-2011, 77 FR 73015 (December 7, 2012) (Preliminary
Results).
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DATES: Effective Date: June 12, 2013.
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.
SUPPLEMENTARY INFORMATION:
Background
On December 7, 2012, the Department published the preliminary
results of the administrative review of the antidumping duty order on
CWP from Korea.\2\
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\2\ Id.
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On February 19, 2013, we received case briefs from Husteel Co.,
Ltd. (Husteel), Hyundai HYSCO (HYSCO), United States Steel Corporation,
and Wheatland Tube Company. On February 28, 2013, we received rebuttal
briefs from these four interested parties.
Scope of the Order
The merchandise subject to the order is circular welded non-alloy
steel pipe and tube. For a full description of the scope of the order,
see Issues and Decision Memorandum,\3\ which is hereby adopted by this
notice. The written description is dispositive.
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\3\ See Memorandum from Gary Taverman, Senior Advisor for
Antidumping and Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Import Administration, entitled ``Issues and
Decision Memorandum for the Administrative Review of the Antidumping
Duty Order on Circular Welded Non-Alloy Steel Pipe from the Republic
of Korea,'' (Issues and Decision Memorandum) dated concurrently with
this notice.
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Analysis of Comments Received
The comments received in the case and rebuttal briefs are addressed
in the Issues and Decision Memorandum. A list of the issues raised and
to which we have responded in the Issues and Decision Memorandum, is
attached to this notice as an Appendix. The Issues and 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 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
Issues and Decision Memorandum can be accessed directly on the Internet
at http://www.trade.gov/ia. The signed Issues and Decision Memorandum
and the electronic version of the Issues and Decision Memorandum are
identical in content.
Changes From the Preliminary Results
Based on our analysis of the comments received from interested
parties, we have changed our calculation methodology for Husteel's and
HYSCO's dumping margins, by reallocating certain costs and revising the
targeted dumping analysis, conversion factors, and general and
administrative and financial expenses. See the Issues and Decision
Memorandum and the company-specific calculation memoranda dated
concurrently with this notice.
Final Results of the Review
As a result of this review, we determine that the following
weighted-average dumping margins exist for the period November 1, 2010,
through October 31, 2011:
[[Page 35249]]
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Weighted-
average
Manufacturer/exporter dumping
margin
(percent)
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Husteel Co., Ltd........................................... 3.99
Hyundai HYSCO.............................................. 0.80
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Disclosure
We will disclose calculation memoranda used in our analysis to
parties to these proceedings within five days of the date of the
release of this notice pursuant to 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.212(b), the Department has
determined, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries of subject merchandise in
accordance with the final results of this review. The Department
intends to issue assessment instructions to CBP 15 days after the date
of publication of these final results of review.
For assessment purposes, 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 period of review (POR). Accordingly, we
calculated importer-specific ad valorem antidumping duty assessment
rates 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 same sales in accordance with 19 CFR 351.212(b)(1).
Where an importer-specific assessment rate is zero or de minimis, we
will instruct CBP to liquidate the appropriate entries without regard
to antidumping duties in accordance with 19 CFR 351.106(c)(2).
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 were 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).
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 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 Husteel and HYSCO will be equal to the respective weighted-average
dumping margin established in the final results of this 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 recently completed segment of this proceeding in which
that manufacturer or exporter participated; (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 recently completed segment of this
proceeding for the manufacturer of subject merchandise; and (4) the
cash deposit rate for all other manufacturers or exporters will
continue to be 4.80 percent, the ``all others'' rate established
pursuant to a court decision.\4\ These cash deposit requirements, when
imposed, shall remain in effect until further notice.
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\4\ See Circular Welded Non-Alloy Steel Pipe From Korea: Notice
of Final Court Decision and Amended Final Determination, 60 FR 55833
(November 3, 1995).
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Notifications
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 duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
This notice also serves as a 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). 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 the terms of an APO is a
sanctionable violation.
These final results of administrative review are issued and
published in accordance with sections 751(a)(1) and 777(i)(1) of the
Act.
Dated: June 5, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix
List of Issues Discussed in the Issues and Decision Memorandum
Targeted Dumping Allegation
Cost Reallocation
Conversion Factors
G&A
Date of Sale
Pipe Grade
Warranty Expense
Interest Revenue
[FR Doc. 2013-13989 Filed 6-11-13; 8:45 am]
BILLING CODE 3510-DS-P