[Federal Register Volume 86, Number 15 (Tuesday, January 26, 2021)]
[Notices]
[Pages 7071-7073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01639]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-880]


Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes 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 the producers/exporters subject to this administrative review did 
not make sales of subject merchandise at less than normal value (NV) 
during the period of review (POR) September 1, 2018 through August 31, 
2019. Interested parties are invited to comment on these preliminary 
results of review.

DATES: Applicable January 26, 2021.

FOR FURTHER INFORMATION CONTACT: Alice Maldonado or Jacob Garten, AD/
CVD Operations, Office II, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-4682 or (202) 
482-3342, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On November 12, 2019, based on timely requests for review, in 
accordance with 19 CFR 351.221(c)(1)(i), we initiated an administrative 
review on heavy walled rectangular welded carbon steel pipes

[[Page 7072]]

and tubes from Korea.\1\ This review covers three producers and 
exporters of the subject merchandise.\2\ Commerce selected Dong-A Steel 
Company (DOSCO) and HiSteel Co., Ltd (HiSteel) for individual 
examination. The producer and/or exporter not selected for individual 
examination is listed in the ``Preliminary Results of the Review'' 
section of this notice.
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 84 FR 61011 (November 12, 2019).
    \2\ We received a timely submission withdrawing all review 
requests for 19 companies; we rescinded the review with respect to 
these companies. See Heavy Walled Rectangular Welded Carbon Steel 
Pipes and Tubes from the Republic of Korea: Rescission of 
Antidumping Duty Administrative Review; 2018-2019, in Part, 85 FR 
16060 (March 20, 2020).
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    On April 20, 2020, Commerce extended the preliminary results of 
this review by 120 days, until September 29, 2020.\3\ On April 24, 
2020, Commerce tolled all deadlines in administrative reviews by 50 
days.\4\ On July 21, 2020, Commerce tolled all deadlines for 
preliminary and final determinations in administrative reviews by an 
additional 60 days.\5\ Therefore, the deadline for the preliminary 
results of this review is January 19, 2021. For a complete description 
of the events that followed the initiation of this review, see the 
Preliminary Decision Memorandum.\6\
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    \3\ See Memorandum, ``Heavy Walled Rectangular Welded Carbon 
Steel Pipes and Tubes from the Republic of Korea: Extension of 
Deadline for Preliminary Results of the 3rd Antidumping Duty 
Administrative Review,'' dated April 20, 2020.
    \4\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews in Response to 
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
    \5\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
    \6\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the 2018-2019 Administrative Review of the Antidumping 
Duty Order on Heavy Walled Rectangular Welded Carbon Steel Pipes and 
Tubes from Korea,'' dated concurrently with, and hereby adopted by, 
this notice (Preliminary Decision Memorandum).
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Scope of the Order

    The products covered by the order are certain heavy walled 
rectangular welded steel pipes and tubes from the Republic of Korea 
(Korea).\7\ Products subject to the order are currently classified 
under the Harmonized Tariff Schedule of the United States (HTSUS) item 
number 7306.61.1000. Subject merchandise may also be classified under 
7306.61.3000. Although the HTSUS numbers and ASTM specification are 
provided for convenience and for customs purposes, the written product 
description remains dispositive.\8\
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    \7\ For a complete description of the scope of the Order, see 
Preliminary Decision Memorandum.
    \8\ For a full description of the scope of the order, see the 
Preliminary Decision Memorandum.
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Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act). 
Export price and constructed export price are calculated in accordance 
with section 772 of the Act. NV is calculated in accordance with 
section 773 of the Act.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum. 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 https://enforcement.trade.gov/frn/. The signed and electronic 
versions of the Preliminary Decision Memorandum are identical in 
content. A list of the topics discussed in the Preliminary Decision 
Memorandum is attached as an appendix to this notice.

Rate for Non-Selected Respondents

    The Act and Commerce's regulations do not address the rate to be 
applied to companies not selected for individual 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 DOSCO and HiSteel that are zero percent and we have 
assigned this rate to the non-selected company in this review (i.e., 
Kukje Steel Co. Ltd), pursuant to section 735(c)(5)(B) of the Act.\9\ 
For additional information, see the Preliminary Decision Memorandum.
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    \9\ See Albemarle Corp. v. United States, 821 F.3d 1345 (Fed. 
Cir. 2016).
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Preliminary Results of the Review

    As a result of this review, we preliminarily determine that the 
following weighted-average dumping margins exist for the period 
September 1, 2018 through August 31, 2019:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                     Producers/exporters                        dumping
                                                                margin
                                                               (percent)
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Dong-A Steel Co., Ltd \10\..................................        0.00
HiSteel Co., Ltd............................................        0.00
Kukje Steel Co., Ltd........................................        0.00
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Disclosure

    Commerce intends to disclose the calculations performed in 
connection with these preliminary results to interested parties within 
five days after the date of publication of this notice.\11\
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    \10\ As discussed in the Preliminary Decision Memorandum, 
Commerce has preliminarily determined to collapse Dong-A Steel Co., 
Ltd. with its affiliated producer SeAH Steel Corporation, and treat 
these companies as a single entity, in accordance with 19 CFR 
351.401(f).
    \11\ See 19 CFR 351.224(b).
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Verification

    On February 19, 2020, Commerce received a request from the 
petitioners to conduct verification of the responses in this 
administrative review.\12\ Commerce is currently unable to conduct on-
site verification of the information relied upon for the final results 
of this review. Accordingly, we intend to take additional steps in lieu 
of on-site verification. Commerce will notify interested parties of any 
additional documentation or information required.
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    \12\ See Petitioner's Letter, ``Heavy Walled Rectangular Welded 
Carbon Steel Pipes and Tubes from the Republic of Korea: Request for 
Verification,'' dated February 19, 2020.
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Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance. A timeline for the 
submission of case briefs and written comments will be provided to 
interested parties at a later date. Rebuttal briefs, limited to issues 
raised in the case briefs, may be filed no later than seven days after 
the deadline for filing case briefs.\13\ Parties who submit case briefs

[[Page 7073]]

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.\14\ Case and rebuttal briefs 
should be filed using ACCESS.\15\
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    \13\ Commerce is exercising its discretion, under 19 CFR 
351.309(d)(1), to alter the time limit for filing of rebuttal 
briefs. See Temporary Rule Modifying AD/CVD Service Requirements Due 
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10, 
2020).
    \14\ See 19 CFR 351.309(c)(2) and (d)(2).
    \15\ See 19 CFR 351.303.
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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, U.S. Department of Commerce, 
filed electronically via ACCESS within 30 days after the date of 
publication of this notice.\16\ Hearing 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. Oral 
presentations at the hearing will be limited to issues raised in the 
briefs. If a request for a hearing is made, Commerce intends to hold 
the hearing at a date and time to be determined.\17\ Parties should 
confirm the date, time, and location of the hearing two days before the 
scheduled date.
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    \16\ See 19 CFR 351.310(c).
    \17\ See 19 CFR 351.310(d).
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    An electronically filed document must be received successfully in 
its entirety by ACCESS by 5:00 p.m. Eastern Time on the established 
deadline.

Final Results

    Commerce intends to issue the final results of this administrative 
review, including the results of its analysis of issues raised in any 
written briefs, not later than 120 days after the date of publication 
of this notice, unless otherwise extended.\18\
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    \18\ See section 751(a)(3)(A) of the Act.
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Assessment Rates

    Upon completion of the administrative review, Commerce shall 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries.\19\ If the weighted 
average dumping margin for DOSCO or HiSteel is not zero or de minimis 
(i.e., less than 0.5 percent), we will calculate importer-specific ad 
valorem antidumping duty assessment rates based on the ratio of the 
total amount of dumping calculated for each importer's examined sales 
to the total entered value of those same sales in accordance with 19 
CFR 351.212(b)(1).\20\ Where the respondent did not report entered 
value, we will calculate the entered value in order to calculate the 
assessment rate. If the weighted-average dumping margin for the 
respondents listed above is zero or de minimis in the final results, or 
an importer-specific assessment rate is zero or de minimis in the final 
results, we will instruct CBP not to assess antidumping duties on any 
of their entries in accordance with the Final Modification for 
Reviews.\21\
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    \19\ See 19 CFR 351.212(b).
    \20\ In these preliminary results, Commerce applied the 
assessment rate calculation method adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Proceedings: Final 
Modification, 77 FR 8101 (February 14, 2012) (Final Modification for 
Reviews).
    \21\ Id. at 8102.
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    Commerce's ``automatic assessment'' will apply to entries of 
subject merchandise during the POR produced by companies included in 
these final results of review for which the reviewed companies did not 
know that the merchandise they sold to the intermediary (e.g., a 
reseller, trading company, or exporter) 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.\22\
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    \22\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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    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).

Cash Deposit Requirements

    The following deposit requirements will be effective for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) The cash deposit rate for the exporters 
listed above will be equal to the weighted- average dumping margin 
established in the final results of this review, except if the rate is 
less than 0.50 percent and therefore de minimis within the meaning of 
19 CFR 351.106(c)(1), in which case the cash deposit rate will be zero; 
(2) for companies not participating in this review, the cash deposit 
rate will continue to be the company-specific cash deposit rate 
published for the most recently completed segment; (3) if the exporter 
is not a firm covered in this review, or the original less-than-fair-
value (LTFV) investigation, but the producer is, then the cash deposit 
rate will be the cash deposit rate established for the most recently 
completed segment for the producer of the merchandise; and (4) the cash 
deposit rate for all other producers or exporters will continue to be 
3.24 percent, the all-others rate established in the LTFV 
investigation.\23\ These deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \23\ See Heavy Walled Rectangular Welded Carbon Steel Pipes and 
Tubes from the Republic of Korea, Mexico, and the Republic of 
Turkey: Antidumping Duty Orders, 81 FR 62865, 62866 (September 13, 
2016).
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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 review period. 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

    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

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

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Companies Not Selected for Individual Examination
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation

[FR Doc. 2021-01639 Filed 1-25-21; 8:45 am]
BILLING CODE 3510-DS-P