[Federal Register Volume 86, Number 14 (Monday, January 25, 2021)]
[Notices]
[Pages 6868-6871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01498]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-870]


Certain Oil Country Tubular Goods From the Republic of Korea: 
Preliminary Results of Antidumping Duty Administrative Review; 2018-
2019

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that certain oil country tubular goods (OCTG) from the Republic of 
Korea (Korea) are being sold in the United States at prices below 
normal value. The period of review (POR) is September 1,

[[Page 6869]]

2018 through August 31, 2019. Interested parties are invited to comment 
on these preliminary results.

DATES: Applicable January 25, 2021.

FOR FURTHER INFORMATION CONTACT: Davina Friedmann, Mark Flessner, or 
Frank Schmitt, AD/CVD Operations, Office VI, Enforcement and 
Compliance, International Trade Administration, U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: 
(202) 482-0698, (202) 482-6312, or (202) 482-4880, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    These preliminary results are made in accordance with section 
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
published the notice of initiation of this administrative review on 
November 12, 2019.\1\ Commerce selected Hyundai Steel Company (Hyundai 
Steel) and SeAH Steel Corporation (SeAH) as the two mandatory 
respondents in this review.\2\ On April 24, 2020, Commerce tolled all 
deadlines in administrative reviews by 50 days.\3\ On June 30, 2020, 
Commerce extended the deadline of the preliminary results of review by 
100 days, until October 29, 2020, in accordance with 751(a)(3)(A) of 
the Act.\4\ On July 21, 2020, Commerce tolled all deadlines in 
administrative reviews by an additional 60 days,\5\ thereby extending 
the deadline for these preliminary results until December 28, 2020. On 
November 25, 2020, in accordance with section 751(a)(3)(A) of the Act, 
Commerce extended the preliminary results of review by an additional 18 
days, until January 15, 2021.\6\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 84 FR 61011 (November 12, 2019) (Initiation 
Notice).
    \2\ See Memorandum, ``2018-2019 Administrative Review of the 
Antidumping Duty Order on Oil Country Tubular Goods from the 
Republic of Korea: Respondent Selection,'' dated December 23, 2019.
    \3\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated April 24, 2020 
(First Tolling Memorandum).
    \4\ See Memorandum, ``Certain Oil Country Tubular Goods from the 
Republic of Korea, 2018-2019: Extension of Time Limit of Preliminary 
Results of Antidumping Duty Administrative Review,'' dated June 30, 
2020 (First Extension of Preliminary Review Results Memorandum).
    \5\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated July 21, 2020 
(Second Tolling Memorandum).
    \6\ See Memorandum, ``Certain Oil Country Tubular Goods from the 
Republic of Korea, 2018-2019: Extension of Time Limit of Preliminary 
Results of Antidumping Duty Administrative Review,'' dated November 
25, 2020 (Second Extension of Preliminary Review Results 
Memorandum).
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    For a complete description of the events that followed the 
initiation of this administrative review, see the Preliminary Decision 
Memorandum, dated concurrently with these preliminary results and 
hereby adopted by this notice.\7\ A list of topics included in the 
Preliminary Decision Memorandum is included as Appendix I to this 
notice. The Preliminary Decision Memorandum is a public document and is 
on file electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at https://access.trade.gov. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly at http://enforcement.trade.gov/frn/. The signed 
and the electronic versions of the Preliminary Decision Memorandum are 
identical in content.
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    \7\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results in the 2018-2019 Administrative Review of Oil Country 
Tubular Goods from the Republic of Korea'' dated concurrently with, 
and hereby adopted by, this notice (Preliminary Decision 
Memorandum).
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Scope of the Order

    The product covered by the Order \8\ is OCTG from Korea. For a 
complete description of the scope of the Order, see the Preliminary 
Decision Memorandum.
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    \8\ See Certain Oil Country Tubular Goods from India, the 
Republic of Korea, Taiwan, the Republic of Turkey, and the Socialist 
Republic of Vietnam: Antidumping Duty Orders; and Certain Oil 
Country Tubular Goods from the Socialist Republic of Vietnam: 
Amended Final Determination of Sales at Less Than Fair Value, 79 FR 
53691 (September 10, 2014) (Order).
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Methodology

    Commerce is conducting this administrative review in accordance 
with section 751(a)(2) of the Act. Commerce has calculated export 
prices in accordance with section 772(a) of the Act. Constructed export 
prices have been calculated in accordance with section 772(b) of the 
Act. Normal value (NV) is calculated in accordance with section 773 of 
the Act. Commerce preliminarily finds that a cost-based particular 
market situation (PMS) existed in Korea during the POR concerning the 
cost of hot-rolled coil (HRC) as a component of the cost of production 
for the OCTG that Hyundai Steel and SeAH produced.\9\ We quantified the 
impact of the particular market situation on the material cost of HRC, 
and derived a corresponding adjustment factor that, when applied to the 
cost of HRC, accounts for the distortions induced by the observed 
particular market situation.\10\ For a full description of the 
methodology underlying our conclusions, see the Preliminary Decision 
Memorandum.
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    \9\ For a complete discussion, see Memorandum, ``2018-2019 
Administrative Review of Antidumping Duty Order on Certain Oil 
Country Tubular Goods from the Republic of Korea: Decisions on 
Particular Market Situation Allegations,'' dated concurrently with 
this Federal Register  Notice (PMS Memorandum).
    \10\ See PMS Memorandum.
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Rates for Non-Examined Companies

    The statute and Commerce's regulations do not address the rate to 
be applied to companies not selected for examination when Commerce 
limits its examination in an administrative review pursuant to section 
777A(c)(2) of the Act. Generally, Commerce looks to section 735(c)(5) 
of the Act, which provides instructions for calculating the all-others 
rate in a market economy investigation, for guidance when calculating 
the rate for companies which were not selected for individual 
examination in an administrative review. Under section 735(c)(5)(A) of 
the Act, the all-others rate is normally ``an amount equal to the 
weighted average of the estimated weighted-average dumping margins 
established for exporters and producers individually investigated, 
excluding any zero or de minimis margins, and any margins determined 
entirely {on the basis of facts available{time} .''
    In this review, we have preliminarily calculated weighted-average 
dumping margins for SeAH that is not zero, de minimis, or determined 
entirely on the basis of facts available. Accordingly, Commerce 
preliminarily has assigned to the companies not individually examined 
(see Appendix II for a full list of these companies) a margin of 1.07 
percent, which is the weighted average dumping margin of SeAH for these 
preliminary results of review.\11\
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    \11\ For more information regarding the calculation of this 
margin, see Memorandum, ``Preliminary Results of the 2018-2019 
Administrative Review of Certain Oil Country Tubular Goods from the 
Republic of Korea; Calculation of the Margin for Non-Examined 
Companies,'' dated concurrently with this memorandum.
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Preliminary Results of Review

    Commerce preliminarily determines that, for the period September 1, 
2018 through August 31, 2019, the following weighted-average dumping 
margins exist:

[[Page 6870]]



------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
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Hyundai Steel Company.......................................        0.00
SeAH Steel Corporation......................................        1.07
Non-examined companies \12\.................................        1.07
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Disclosure, Public Comment, and Opportunity To Request a Hearing
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    \12\ See Appendix II.
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    We intend to disclose the calculations performed for these 
preliminary results of review to interested parties within five days of 
the date of publication of this notice in accordance with 19 CFR 
351.224(b). Pursuant to 19 CFR 351.309(c), interested parties may 
submit case briefs no later than 30 days after the date of publication 
of this notice. Rebuttal briefs, the content of which is limited to 
issues raised in the case briefs, may be filed no later than seven days 
after the date for filing case briefs.\13\ Note that Commerce has 
temporarily modified certain of its requirements for serving documents 
containing business proprietary information, until further notice.\14\
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    \13\ See 19 CFR 351.309(d).
    \14\ See 19 CFR 351.303 (for general filing requirements); see 
also Temporary Rule Modifying AD/CVD Service Requirements Due to 
COVID-19, 85 FR 17006 (March 26, 2020); and Temporary Rule Modifying 
AD/CVD Service Requirements Due to COVID-19; Extension of Effective 
Period, 85 FR 41363 (July 10, 2020).
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    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.\15\ Case and rebuttal briefs should be filed using ACCESS 
\16\ and must be served on interested parties.\17\ Executive summaries 
should be limited to five pages total, including footnotes.
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    \15\ See 19 CFR 351.309(c)(2) and (d)(2).
    \16\ See generally 19 CFR 351.303.
    \17\ See 19 CFR 351.303(f).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
Commerce's electronic records system, ACCESS. An electronically filed 
request must be received successfully in its entirety by 5:00 p.m. 
Eastern Time within 30 days of the date of publication of this 
notice.\18\ Requests should contain: (1) The party's name, address and 
telephone number; (2) the number of participants; and (3) a list of 
issues parties intend to discuss. Issues raised in the hearing will be 
limited to those raised in the respective case and rebuttal briefs. If 
a request for a hearing is made, Commerce intends to hold the hearing 
at a time and date to be determined.\19\ Parties should confirm the 
date, time, and location of the hearing two days before the scheduled 
date.
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    \18\ See 19 CFR 351.310(c).
    \19\ See 19 CFR 351.310(d).
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    Commerce intends to issue the final results of this administrative 
review, including the results of its analysis of the issues raised in 
any case or rebuttal briefs, no later than 120 days after the date of 
publication of this notice, unless extended.\20\
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    \20\ See section 751(a)(3)(A) of the Act and 19 CFR 351.213(h).
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Assessment Rates

    Upon completion of this administrative review, Commerce shall 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries. Commerce intends to 
issue assessment instructions to CBP no earlier than 35 days after the 
date of publication of the final results of this review in the Federal 
Register. If a timely summons is filed at the U.S. Court of 
International Trade, the assessment instructions will direct CBP not to 
liquidate relevant entries until the time for parties to file a request 
for a statutory injunction has expired (i.e., within 90 days of 
publication).
    For any individually examined respondent whose weighted-average 
dumping margin is not zero or de minimis (i.e., less than 0.50 percent) 
in the final results of this review, if the respondent reported 
reliable entered values, we will calculate importer-specific ad valorem 
assessment rates for the merchandise based on the ratio of the total 
amount of dumping calculated for the examined sales made to each 
importer and the total entered value of those same sales, in accordance 
with 19 CFR 351.212(b)(1). If the respondent has not reported reliable 
entered values, we will calculate a per-unit assessment rate for each 
importer by dividing the total amount of dumping calculated for the 
examined sales made to that importer by the total sales quantity 
associated with those transactions. Where an importer-specific ad 
valorem assessment rate is zero or de minimis in the final results of 
review, we will instruct CBP to liquidate the appropriate entries 
without regard to antidumping duties in accordance with 19 CFR 
351.106(c)(2). If a respondent's weighted-average dumping margin is 
zero or de minimis in the final results of review, we will instruct CBP 
not to assess duties on any of its entries in accordance with the Final 
Modification for Reviews, i.e., ``{w{time} here the weighted-average 
margin of dumping for the exporter is determined to be zero or de 
minimis, no antidumping duties will be assessed.'' \21\
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    \21\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101, 8102 (February 14, 
2012) (Final Modification for Reviews).
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    For entries of subject merchandise during the POR produced by 
Hyundai Steel or SeAH for which the producer did not know its 
merchandise was destined for the United States, or for any respondent 
for which we have a final determination of no shipments, 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.\22\
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    \22\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the notice of final results of this administrative 
review for all shipments of the subject merchandise 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 the companies listed in the final results of review 
will be equal to the weighted-average dumping margin 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 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 they were 
reviewed; (3) if the exporter is not a firm covered in this review, a 
prior review, or the original investigation but the producer is, then 
the cash deposit rate will be the rate established for the most 
recently completed segment of this proceeding for the producer of the 
merchandise; (4) the cash deposit rate for all other producers or 
exporters will continue to be 5.24 percent, the all-others rate 
established in the less-than-fair-value investigation.\23\ These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \23\ See Certain Oil Country Tubular Goods from the Republic of 
Korea: Notice of Court Decision Not in Harmony With Final 
Determination, 81 FR 59603 (August 30, 2016).

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[[Page 6871]]

Notification to Importers

    This notice serves as a preliminary 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 POR. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of antidumping duties occurred and the subsequent assessment of double 
antidumping duties.

Notification to Interested Parties

    The preliminary results of this administrative review are issued 
and published in accordance with sections 751(a)(1) and 777(i)(1) of 
the Act, and 19 CFR 351.221(b)(4).

    Dated: January 15, 2021.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Rates for Non-Examined Companies
V. Affiliation
VI. Discussion of Methodology
VII. Currency Conversion
VIII. Recommendation

Appendix II

List of Companies Not Individually Examined

1. AJU Besteel Co., Ltd.
2. Blue Sea Precision Tube Co., Ltd.
3. Bo Myung Metal Co., Ltd.
4. BUMA CE Co., Ltd.
5. Busung Steel Co., Ltd.
6. Chang Won Bending Co., Ltd.
7. Daeho P&C Co., Ltd.
8. Daou Precision Ind. Co.
9. Dongyang Steel Pipe Co., Ltd.
10. Dongbu Incheon Steel Co., Ltd.
11. Dongkuk Steel Mill Co., Ltd.
12. EEW Korea Co., Ltd.
13. Global Solutions Co., Ltd.
14. Hansol Metal Co., Ltd.
15. HiSteel Co., Ltd.
16. HPP Co., Ltd.
17. Husteel Co., Ltd.
18. Hyundai Group
19. Hyundai Corporation
20. Hyundai HYSCO
21. Hyundai RB Co., Ltd.
22. Hyundai Steel Company
23. ILJIN Steel Corporation
24. Keonwoo Metals Co., Ltd.
25. K Steel Corporation
26. KF UBIS Co., Ltd.
27. Korea Steel Co., Ltd.
28. Kukje Steel Co., Ltd.
29. KPF Co., Ltd.
30. Kumkang Kind Co., Ltd.
31. Kumsoo Connecting Co., Ltd.
32. Master Steel Corporation
33. MCK Co., Ltd.
34. MS Pipe Co., Ltd.
35. Msteel Co., Ltd.
36. Nexen Corporation
37. NEXTEEL Co., Ltd.
38. Pneumatic Plus Korea Co., Ltd.
39. POSCO International Corporation
40. PSG Co., Ltd.
41. Pusan Fitting Corporation
42. SeAH FS Co., Ltd.
43. SeAH Steel Corporation
44. Sejong Ind. Co., Ltd.
45. Seokyoung Steel & Technology Co., Ltd.
46. SIC Tube Co., Ltd.
47. ST Tubular Inc.
48. Sungkwang Bend Co., Ltd.
49. TGS Pipe Co., Ltd.
50. TJ Glovsteel Co., Ltd.
51. TSP Corporation
52. Union Pipe MFG Co., Ltd.
53. WSG Co., Ltd.

[FR Doc. 2021-01498 Filed 1-22-21; 8:45 am]
BILLING CODE 3510-DS-P