[Federal Register Volume 79, Number 126 (Tuesday, July 1, 2014)]
[Notices]
[Pages 37284-37286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-15418]
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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; 2011-2012
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On December 26, 2013, the Department of Commerce (the
Department) published the preliminary results of its 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, 2011, through October 31, 2012.\1\ As a result of our analysis of
the comments received, these final result differ from our Preliminary
Results. For these final results, we find the subject merchandise has
been sold at prices less than normal value.
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\1\ See Circular Welded Non-Alloy Steel Pipe From the Republic
of Korea: Preliminary Results and Partial Rescission of Antidumping
Duty Administrative Review; 2011-2012, 78 FR 78336 (December 26,
2013) (Preliminary Results).
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DATES: Effective Date: July 1, 2014.
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.
Background
Following the Preliminary Results, from January 20 through 24,
2014, the Department conducted a verification of Husteel Co. Ltd.'s
(Husteel) sales questionnaire responses.
[[Page 37285]]
On April 7, 2014, the Department issued a memorandum extending the
time period for issuing the final results of this administrative review
from April 25, 2014 to June 24, 2014, as permitted by section
751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act) and 19 CFR
351.213(h)(2).\2\
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\2\ See Memorandum from Mary Kolberg, to Gary Taverman, Senior
Advisor for Antidumping and Countervailing Duty Operations entitled
``Circular Welded Non-Alloy Steel Pipe from the Republic of Korea:
Extension of Time Limit for Final Results of Antidumping Duty
Administrative Review.
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We received case briefs from Wheatland Tube Company (Wheatland) and
Hyundai HYSCO (HYSCO) on May 9, 2014. On May 14, 2014, Husteel,
Wheatland and the United States Steel Corporation (U.S. Steel) each
submitted rebuttal briefs. We rejected Husteel's and U.S. Steel's
rebuttal briefs on June 4, 2014 because each contained new factual
information. Husteel and U.S. Steel each resubmitted rebuttal briefs
without the new factual information on June 5, 2014 and June 6, 2014,
respectively.
Scope of the Order
The merchandise subject to the order is circular welded non-alloy
steel pipe and tube. The product is currently classified under the
following Harmonized Tariff Schedule of the United States (HTSUS)
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 HTSUS numbers are provided for convenience and customs
purposes, the written product description remains dispositive.
A full description of the scope of the order is contained in the
memorandum from James Maeder, Director, Office II, Antidumping and
Countervailing Duty Operations to Paul Piquado, Assistant Secretary for
Enforcement and Compliance, ``Issues and Decision Memorandum for the
2011-2012 Administrative Review of Circular Welded Non-Alloy Steel Pipe
from the Republic of Korea,'' dated concurrently with this notice
(Issues and Decision Memorandum), and which is hereby adopted by this
notice.
Analysis of Comments Received
All issues raised in the parties' briefs are addressed in the
Issues and Decision Memorandum. A list of the issues raised is attached
to this notice as an Appendix. The Issues and Decision Memorandum is a
public document and is on file electronically via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (IA ACCESS). IA ACCESS is available to registered users
at http://iaaccess.trade.gov and it 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://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum
and the electronic versions 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 made certain adjustments to Husteel's costs.\3\ We also
incorporated the minor corrections to Husteel's U.S. sales presented by
Husteel at verification.\4\
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\3\ See Comment 1 of the Issues and Decision Memorandum.
\4\ See Memorandum to The File from Jennifer Meek, International
Trade Compliance Analyst, Enforcement and Compliance Office I,
``Circular Welded Non-Alloy Steel Pipe from the Republic of Korea:
Final Calculation Memorandum for Husteel Co., Ltd.'' (June 24,
2014).
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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, 2011,
through October 31, 2012:
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Weighted-
average
Producer/exporter dumping
margin
(percent)
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Husteel Co., Ltd............................................ 0.59
Hyundai HYSCO............................................... 3.39
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Disclosure
We will disclose the calculations 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 Act, and 19 CFR 351.212(b),
the Department determines, 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, for each
respondent, 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 (i.e., less than 0.5 percent), 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
[[Page 37286]]
pursuant to a court decision.\5\ These cash deposit requirements, when
imposed, shall remain in effect until further notice.
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\5\ 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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Notification to Importers Regarding the Reimbursement of Duties
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.
Administrative Protective Order
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), which continues to govern
business proprietary information in this segment of the proceeding.
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.
Notification to Interested Parties
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 24, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Issues Discussed in the Issues and Decision Memorandum
Comment 1: Cost Reallocation--Husteel
Comment 2: General and Administrative Expenses, Rental Income
Offset--Husteel
Comment 3: General and Administrative Expenses, Miscellaneous Income
Offset--Husteel
Comment 4: General and Administrative Expenses, Litigation Accrual--
HYSCO
Comment 5: Capping of Interest Revenue--HYSCO
Comment 6: Consideration of an Alternative Comparison Method in an
Administrative Review
Comment 7: Application of a Differential Pricing Analysis
Comment 8: Denial of Offsets for Non-Dumped Sales With the Average-
to-Transaction Method
Comment 9: Withdrawal of the Regulations Governing Targeted Dumping
in Less-Than-Fair-Value Investigations
[FR Doc. 2014-15418 Filed 6-30-14; 8:45 am]
BILLING CODE 3510-DS-P