[Federal Register Volume 88, Number 200 (Wednesday, October 18, 2023)]
[Notices]
[Pages 71826-71828]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23005]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-897]


Large Diameter Welded Pipe From the Republic of Korea: Final 
Results of Antidumping Duty Administrative Review; 2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
HiSteel Co., Ltd. (HiSteel) and the 21 non-examined companies, for 
which a review was requested, made sales of large diameter welded pipe 
(welded pipe) from the Republic of Korea (Korea) at prices below normal 
value (NV), while Hyundai Steel Company (Hyundai Steel) did not make 
sales of the subject merchandise at prices below NV, during the period 
of review (POR) May 1, 2021, through April 30, 2022.

DATES: Applicable October 18, 2023.

FOR FURTHER INFORMATION CONTACT: Alexis Cherry or Samantha Kinney, AD/
CVD Operations, Office VIII, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-0607 or (202) 
482-5305, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On May 22, 2023, Commerce published its preliminary results in the 
2021-2022 administrative review of the antidumping duty order on welded 
pipe from Korea and invited interested parties to comment.\1\ A summary 
of the events that occurred since publication of the Preliminary 
Results, as well as a full discussion of the issues raised by parties 
for these final results, are discussed in the Issues and Decision 
Memorandum.\2\ Commerce conducted this administrative review in 
accordance with section 751(a)(1)(B) of the Tariff Act of 1930, as 
amended (the Act).
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    \1\ See Large Diameter Welded Pipe from the Republic of Korea: 
Preliminary Results of Antidumping Duty Administrative Review; 2021-
2022, 88 FR 32729 (May 22, 2023) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum (PDM).
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of Antidumping Duty Administrative Review; 2021-2022: 
Large Diameter Welded Pipe from the Republic of Korea,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).

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[[Page 71827]]

Scope of the Order <SUP>3</SUP>
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    \3\ See Large Diameter Welded Pipe from the Republic of Korea: 
Amended Final Affirmative Antidumping Determination and Antidumping 
Duty Order, 84 FR 18767 (May 2, 2019) (Order).
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    The merchandise covered by the Order is welded carbon and alloy 
steel pipe (other than stainless steel pipe), more than 406.4 mm (16 
inches) in nominal outside diameter (large diameter welded pipe), 
regardless of wall thickness, length, surface finish, grade, end 
finish, or stenciling. Imports of the product are currently 
classifiable in the Harmonized Tariff Schedule of the United States 
(HTSUS) under subheadings 7305.11.1030, 7305.11.1060, 7305.11.5000, 
7305.12.1030, 7305.12.1060, 7305.12.5000, 7305.19.1030, 7305.19.1060, 
7305.19.5000, 7305.31.4000, 7305.31.6090, 7305.39.1000 and 
7305.39.5000. While the HTSUS subheadings are provided for convenience 
and customs purposes, the written description of the scope of this 
Order is dispositive. For a complete description of the scope of the 
Order, see the Issues and Decision Memorandum.

Analysis of Comments Received

    All issues raised in parties' case and rebuttal briefs are 
addressed in the Issues and Decision Memorandum and are listed in 
Appendix I to this notice. 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 (ACCESS). ACCESS is available to registered users at 
https://access.trade.gov. In addition, a complete version of the Issues 
and Decision Memorandum can be accessed directly at https://access.trade/gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on our analysis of the comments received from interested 
parties, Commerce made certain changes to the margin calculations for 
HiSteel. The Issues and Decision Memorandum contains descriptions of 
these changes.

Rate for Non-Examined Companies

    The statute and Commerce's regulations do not address the 
establishment of a weighted-average dumping margin to be determined for 
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 an investigation, for guidance when determining the weighted-
average dumping margin 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 rates that are zero, de minimis or determined 
entirely on the basis of facts available. For these final results of 
review, we calculated a weighted-average dumping margin for Hyundai 
Steel of zero and a weighted-average dumping margin for HiSteel that is 
not zero, de minimis, or based entirely on facts available. Consistent 
with Commerce's practice, we assigned HiSteel's weighted-average 
dumping margin to the non-examined companies.\4\
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    \4\ See, e.g., Certain Corrosion-Resistant Steel Products from 
the Republic of Korea: Final Results of Antidumping Duty 
Administrative Review; 2020-2021, 88 FR 7406 (February 3, 2023).
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Final Results of the Administrative Review

    We determine that the following weighted-average dumping margins 
exist for the period May 1, 2021, through April 30, 2022:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Producer or exporter                        dumping
                                                                margin
                                                               (percent)
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HiSteel Co., Ltd............................................        6.17
Hyundai Steel Company.......................................        0.00
Non-Examined Companies \5\..................................        6.17
------------------------------------------------------------------------

Disclosure
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    \5\ See Appendix II.
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    We intend to disclose the calculations performed for HiSteel within 
five days of the date of publication of this notice to parties in this 
proceeding, in accordance with 19 CFR 351.224(b). Because we made no 
changes to our preliminary weighted-average dumping margin calculations 
for Hyundai Steel there are no calculations to disclose for this 
company.

Assessment Rates

    Commerce has determined, and U.S. Customs and Border Protection 
(CBP) shall assess, antidumping duties on all appropriate entries in 
this review, in accordance with section 751(a)(2)(C) of the Act and 19 
CFR 351.212(b). Commerce intends to issue assessment instructions to 
CBP no earlier than 35 days after the date of publication of these 
final results 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).
    Pursuant to 19 CFR 351.212(b)(1), because HiSteel reported entered 
value for all of their U.S. sales, we calculated importer-specific ad 
valorem duty assessment rates based on the ratio of the total amount of 
dumping calculated for the examined sales to the total entered value of 
those sales. Where an importer-specific assessment rate is zero or de 
minimis (i.e., less than 0.5 percent), the entries by that importer 
will be liquidated without regard to antidumping duties. Because the 
weighted-average dumping margin for Hyundai Steel is zero percent, we 
intend to instruct CBP to liquidate the appropriate entries without 
regard to antidumping duties.\6\
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    \6\ 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).
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    Consistent with Commerce's clarification of its assessment 
practice, for entries of subject merchandise during the POR produced by 
any of the above-referenced respondents for which they did not know the 
merchandise was destined for the United States, we will instruct CBP to 
liquidate those entries at the all-others rate established in the less-
than-fair-value (LTFV) investigation of 7.08 percent ad valorem \7\ if 
there is no rate for the intermediate company(ies) involved in the 
transaction.\8\
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    \7\ See Order, 84 FR at 18769.
    \8\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    For the non-examined companies subject to review, we will instruct 
CBP to liquidate all applicable entries of subject merchandise during 
the POR at the rate listed in the table above, which is equal to the 
weighted-average dumping margin calculated for HiSteel.

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of 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 companies

[[Page 71828]]

listed above will be equal to the weighted-average dumping margin 
established in the final results of the review; (2) for subject 
merchandise exported by a company 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 in 
the completed segment for the most recent period; (3) if the exporter 
is not a firm covered in this review or the original LTFV 
investigation, but the producer is, then the cash deposit rate will be 
the rate established in the completed segment for the most recent 
period for the producer of the subject merchandise; (4) the cash 
deposit rate for all other producers or exporters will continue to be 
7.08 percent ad valorem, the all-others rate established in the LTFV 
investigation.\9\
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    \9\ See Order, 84 FR at 18768.
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    These cash deposit requirements, when imposed, shall remain in 
effect until further notice.

Notification to Importers

    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 and/or countervailing 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 and/or countervailing duties occurred 
and the subsequent assessment of double antidumping duties, and/or an 
increase in the amount of antidumping duties by the amount of the 
countervailing duties.

Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction 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 
terms of an APO is a violation subject to sanction.

Notification to Interested Parties

    We are issuing and publishing these results of administrative 
review in accordance with sections 751(a) and 777(i) of the Act, and 19 
CFR 351.221(b)(5).

    Dated: October 12, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Changes to the Preliminary Results
V. Discussion of the Issues
    General Issues
    Comment 1: Differential Pricing
    HiSteel-Specific Issues
    Comment 2: Constructed Export Price Offset
    Comment 3: Annual or Quarterly Cost Methodology
    Comment 4: Selling, General, and Administrative Expenses
    Comment 5: General and Administrative Expenses Offset
    Hyundai Steel-Specific Issues
    Comment 6: Correction of Draft Customs Instructions
    SeAH-Specific Issues
    Comment 7: Voluntary Respondent Treatment
VI. Recommendation

Appendix II

Review-Specific Average Rate Applicable to Companies Not Selected for 
Individual Examination

1. AJU Besteel Co., Ltd.
2. Chang Won Bending Co., Ltd.
3. Daiduck Piping Co., Ltd.
4. Dong Yang Steel Pipe Co., Ltd.
5. Dongbu Incheon Steel Co., Ltd.
6. EEW KHPC Co., Ltd.
7. EEW Korea Co., Ltd.
8. Geumok Tech. Co. Ltd.
9. Hansol Metal Co. Ltd.
10. Husteel Co., Ltd.
11. Hyundai RB Co., Ltd.
12. Il Jin Nts Co. Ltd.
13. Kiduck Industries Co., Ltd.
14. Kum Kang Kind. Co., Ltd.
15. Kumsoo Connecting Co., Ltd.
16. Nexteel Co., Ltd.
17. SeAH Steel Corporation
18. Seonghwa Industrial Co., Ltd.
19. SIN-E B&P Co., Ltd.
20. Steel Flower Co., Ltd.
21. WELTECH Co., Ltd.

[FR Doc. 2023-23005 Filed 10-17-23; 8:45 am]
BILLING CODE 3510-DS-P