[Federal Register Volume 78, Number 248 (Thursday, December 26, 2013)]
[Notices]
[Pages 78336-78338]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-30935]
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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 and Partial Rescission of Antidumping Duty
Administrative Review; 2011-2012
AGENCY: Enforcement and Compliance, formerly 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).\1\ The
period of review (POR) is November 1, 2011, through October 31, 2012.
This review covers eight producers or exporters of the subject
merchandise, Husteel Co., Ltd. (Husteel), Hyundai HYSCO (HYSCO), Dongbu
Steel Co., Ltd., SeAH Steel Corporation, A-JU Besteel Co., Ltd.,
Kumkang Industrial Co., Ltd., Nexteel Co., Ltd., and Union Steel Co.,
Ltd. We have preliminarily found that HYSCO has made sales of the
subject merchandise at prices below normal value, and that Husteel did
not make sales of subject merchandise at
[[Page 78337]]
prices below normal value. We are rescinding this review for the other
six producers or exporters. Interested parties are invited to comment
on these preliminary results.
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation in Part, 77 FR
77017 (December 31, 2012).
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DATES: Effective Date: December 26, 2013.
FOR FURTHER INFORMATION CONTACT: Mary Kolberg, or Jennifer Meek, AD/CVD
Operations, Office I, Enforcement and Compliance, 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:
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 of the United States (HTSUS)
numbers: 7306.30.1000, 7306.30.5025, 7306.30.5032, 7306.30.5040,
7306.30.5055, 7306.30.5085, and 7306.30.5090. Although the HTSUS
numbers are provided for convenience and customs purposes, the written
product description, available in the Memorandum from Gary Taverman,
Senior Advisor for Antidumping and Countervailing Duty Operations, to
Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and
Compliance, ``Decision Memorandum for the Preliminary Results of
Antidumping Duty Administrative Review: Circular Welded Non-Alloy Steel
Pipe from the Republic of Korea'' dated concurrently with this notice
(Preliminary Decision Memorandum).
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., 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.
For a full description of the methodology underlying our
conclusions, see Preliminary Decision Memorandum, which is a public
document and is on file electronically via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (IA ACCESS), and is hereby adopted with this notice. 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 Preliminary Decision Memorandum can be accessed directly
on the Internet at http://enforcement.trade.gov/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, 2011, through October 31, 2012.
------------------------------------------------------------------------
Weighted-
average
Producer or exporter dumping
margin
(percent)
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Husteel Co., Ltd............................................ 0.00
Hyundai HYSCO............................................... 3.39
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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.\2\ We plan
on conducting verification of Husteel's sales responses after these
preliminary results. Therefore, interested parties may submit written
comments (case briefs) for this administrative review no later than one
week after the issuance of the Husteel's verification report, and
rebuttal comments (rebuttal briefs) within five days after the time
limit for filing case briefs. 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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\2\ See 19 CFR 351.224(b).
\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 Enforcement and
Compliance, 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 not zero or de minimis (i.e., less than 0.50
percent) in the final results of this review, we will calculate
importer-specific assessment rates on the basis of the ratio of the
total amount of dumping calculated for each importer's examined sales
and the total entered value of those sales in accordance with 19 CFR
351.212(b)(1).
We will 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 not
zero or de minimis. Where either the respondent's weighted-average
dumping margin is zero or de minimis,\6\ or an importer-specific
assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
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\6\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Duty Proceedings; Final Modification, 77 FR 8101, 8102 (February 14,
2012).
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The Department clarified its ``automatic assessment'' regulation on
May 6, 2003. This clarification will apply to entries of subject
merchandise
[[Page 78338]]
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 rates for 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 cash deposit requirements for estimated antidumping
duties 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 equal to the
weighted-average dumping margins established in the final results of
this administrative review; (2) for merchandise exported by producers
or exporters not covered in this review but covered in a prior
completed 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 producer has been
covered in a prior complete segment of this proceeding, the cash
deposit rate will be the rate established for the most recent period
for the producer of the merchandise; (4) the cash deposit rate for all
other producers or exporters will continue to be 4.80 percent, the
``all others'' rate established in the order.\7\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\7\ 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.
Dated: December 18, 2013.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
Comparison to Normal Value
A. Determination of Comparison Method
B. Results of the Differential Pricing Analysis
Product Comparisons
Treatment of Grade as a Physical Characteristic
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. 2013-30935 Filed 12-24-13; 8:45 am]
BILLING CODE 3510-DS-P