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[Federal Register Volume 88, Number 233 (Wednesday, December 6, 2023)]
[Notices]
[Pages 84780-84782]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26721]

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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 of Antidumping Duty Administrative Review and 
Preliminary Determination of No Shipments; 2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds 
that circular welded non-alloy steel pipe (CWP) from the Republic of 
Korea (Korea) was sold at less than normal value during the period of 
review (POR), November 1, 2021, through October 31, 2022. We invite 
interested parties to comment on these preliminary results.

DATES: Applicable December 6, 2023.

FOR FURTHER INFORMATION CONTACT: Jacob Keller or Dusten Hom, AD/CVD 
Operations, Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4849 or (202) 482-5075, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On November 2, 1992, Commerce published the Order on CWP from Korea 
in the Federal Register.\1\ On November 1, 2022, Commerce published in 
the Federal Register a notice of opportunity to request an 
administrative review of the Order.\2\ On January 3, 2023, based on 
timely requests for an administrative review, Commerce initiated an 
antidumping duty administrative review of 23 companies.\3\
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    \1\ 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) (Order).
    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review and Join Annual Inquiry Service List, 87 FR 65750 (November 
1, 2022).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 50 (January 3, 2023).
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Scope of the Order

    The merchandise subject to the Order is circular welded non-alloy 
steel pipe and tube, of circular cross-section, not more than 406.4 
millimeters (16 inches) in outside diameter, regardless of wall 
thickness, surface finish (black, galvanized, or painted), or end 
finish (plain end, beveled end, threaded, or threaded and coupled). A 
full description of the scope of the Order is contained in the 
Preliminary Decision Memorandum.\4\
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    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of Antidumping Duty Administrative Review and Preliminary 
Determination of No Shipments: Circular Welded Non-Alloy Steel Pipe 
from the Republic of Korea; 2021-2022,'' dated concurrently with, 
and hereby adopted by, this notice (Preliminary Decision 
Memorandum).
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Methodology

    Commerce is conducting this review in accordance with section 
751(a) 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. Normal value is calculated in accordance with section 
773 of the Act.
    For a full description of the methodology underlying these 
preliminary results, see the Preliminary Decision Memorandum. A list of 
the topics discussed in the Preliminary Decision Memorandum is attached 
as Appendix I to this notice. The Preliminary Decision Memorandum is a 
public document and is made available to the public 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 is available at https://access.trade.gov/public/FRNoticesListLayout.aspx.

[[Page 84781]]

Preliminary Determination of No Shipments

    One company under review, HiSteel Co., Ltd. (HiSteel), timely filed 
a no-shipment letter, certifying that it made no sales or exports of 
subject merchandise to the United States during the POR.\5\ We received 
no information from U.S. Customs and Border Protection (CBP) that 
contradicts HiSteel's no-shipments claim.\6\ Therefore, we 
preliminarily determine that HiSteel had no shipments during the POR. 
Consistent with Commerce's practice, we find that it is not appropriate 
to rescind the review with respect to HiSteel, but rather to complete 
the review and issue appropriate instructions to CBP based on the final 
results of this review.\7\
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    \5\ See HiSteel's Letter, ``No Shipments Letter,'' dated January 
11, 2023.
    \6\ See Memorandum, ``No Shipment Inquiry for HiSteel Co., 
Ltd.,'' dated November 15, 2023.
    \7\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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Rate for Non-Examined Companies

    The statute and Commerce's regulations do not address the 
establishment of a 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. In this review, we 
preliminarily calculated dumping margins for the two mandatory 
respondents, Hyundai Steel Company (Hyundai Steel) and Husteel Co., 
Ltd. (Husteel), of 0.99 and 0.65 percent, respectively, and we have 
assigned to the non-selected companies a rate of 0.82 percent, which is 
the weighted-average dumping margins of Husteel and Hyundai Steel 
weighted by their publicly ranged U.S. sales values.\8\
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    \8\ With two respondents under examination, Commerce normally 
calculates (A) a weighted-average of the dumping margins calculated 
for the examined respondents; (B) a simple average of the dumping 
margins calculated for the examined respondents; and (C) a weighted-
average of the dumping margins calculated for the examined 
respondents using each company's publicly-ranged U.S. sale 
quantities for the merchandise under consideration. Commerce then 
compares (B) and (C) to (A) and selects the rate closest to (A) as 
the most appropriate rate for all other producers and exporters. 
See, e.g., Ball Bearings and Parts Thereof from France, Germany, 
Italy, Japan, and the United Kingdom: Final Results of Antidumping 
Duty Administrative Reviews, Final Results of Changed-Circumstances 
Review, and Revocation of an Order in Part, 75 FR 53661, 53663 
(September 1, 2010).
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Preliminary Results of Review

    We preliminarily determine that the following weighted-average 
dumping margins exist for the period November 1, 2021, through October 
31, 2022:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
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Hyundai Steel Company.......................................        0.99
Husteel Co., Ltd............................................        0.65
Companies Not Individually Examined \9\.....................        0.82
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Disclosure and Public Comment
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    \9\ See Appendix II for a full list of companies not 
individually examined in this review. However, as we find HiSteel 
preliminarily to have no shipments, we will not assign HiSteel the 
non-selected company rate.
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    We intend to disclose the calculations performed to parties within 
five days after public announcement of the preliminary results.\10\ 
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, limited to issues raised in the case briefs, 
may be filed not later than five days after the date for filing case 
briefs.\11\ Interested parties who submit case briefs or rebuttal 
briefs in this proceeding must submit: (1) a table of contents listing 
each issue; and (2) a table of authorities.\12\ As provided under 19 
CFR 351.309(c)(2) and (d)(2), in prior proceedings, we have encouraged 
interested parties to provide an executive summary of their brief that 
should be limited to five pages total, including footnotes. In this 
review, we instead request that interested parties provide, at the 
beginning of their briefs, a public executive summary for each issue 
raised in their briefs.\13\ Further, we request that interested parties 
limit their executive summary of each issue to no more than 450 words, 
no including citations. We intend to use the executive summaries as the 
basis of the comment summaries included in the issues and decision 
memorandum that will accompany the final results in this administrative 
review. We request that interested parties include footnotes for 
relevant citations in the executive summary of each issue. Note that 
Commerce has amended certain of its requirements pertaining to the 
service of documents in 19 CFR 351.303(f).\14\
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    \10\ See 19 CFR 351.224(b).
    \11\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023).
    \12\ See 19 CFR 351.309(c)(2) and (d)(2).
    \13\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \14\ See Administrative Protective Order, Service, and Other 
Procedures in Antidumping and Countervailing Duty Proceedings; Final 
Rule, 88 FR 67069 (September 29, 2023).
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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 
ACCESS. 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. An electronically filed 
hearing request must be received successfully in its entirety by 
Commerce's electronic records system, ACCESS, by 5:00 p.m. Eastern Time 
within 30 days after the date of publication of this notice.

Assessment Rates

    Upon completion of the final results, Commerce shall determine, and 
CBP shall assess, antidumping duties on all appropriate entries covered 
by this review. If either of the respondents' weighted-average dumping 
margins is not zero or de minimis (i.e., less than 0.50 percent) in the 
final results of this review, we intend to calculate an importer-
specific assessment rate based on the ratio of the total amount of 
dumping calculated for each importer's examined sales and the total 
entered value of those same sales in accordance with 19 CFR 
351.212(b)(1).\15\ If either of the respondents' weighted-average 
dumping margin or an importer-specific assessment rate is zero or de 
minimis in the final results of review, we intend to instruct CBP to 
liquidate entries without regard to antidumping duties.\16\ The final 
results of this administrative review shall be the basis for the 
assessment of antidumping duties on entries of merchandise covered by 
the final results of this review and for future

[[Page 84782]]

deposits of estimated duties, where applicable.\17\
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    \15\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101, 8103 (February 14, 
2012).
    \16\ Id., 77 FR at 8102-03; see also 19 CFR 351.106(c)(2).
    \17\ See section 751(a)(2)(C) of the Act.
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    For entries of subject merchandise during the POR produced by 
either of the respondents for which they did not know that the 
merchandise was destined to the United States, 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.\18\ For 
the companies identified in Appendix II that were not selected for 
individual examination, we will instruct CBP to liquidate entries at 
the rate established after the completion of the final results of 
review.
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    \18\ 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 cash deposit requirements will be effective upon 
publication in the Federal Register 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)(C) of the Act: (1) the 
cash deposit rate for the respondents will be equal to the weighted-
average dumping margin established in the final results of this 
administrative review; (2) for merchandise exported by a company 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 in the completed segment for the most recent 
period; (3) if the exporter is not a firm covered in this review or the 
original 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 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 less-than-fair-value 
investigation.\19\ These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \19\ See Order, 57 FR at 49453.
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Final Results of Review

    Unless the deadline is otherwise extended, Commerce intends to 
issue the final results of this administrative review, including the 
results of its analysis of issues raised by interested parties in the 
written comments, within 120 days of publication of these preliminary 
results in the Federal Register, pursuant to section 751(a)(3)(A) of 
the Act and 19 CFR 351.213(h)(1).

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 doubled 
antidumping duties.

Notification to Interested Parties

    We are issuing and publishing these preliminary results in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
351.221(b)(4).

    Dated: November 29, 2023.
Abdelali Elouaradia,
Deputy 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. Rate for Non-Examined Companies
V. Preliminary Determination of No Shipments
VI. Affiliation
VII. Discussion of the Methodology
VIII. Currency Conversion
IX. Recommendation

Appendix II--List of Companies Not Selected for Individual Examination

1. Aju Besteel
2. Bookook Steel
3. Chang Won Bending
4. Dae Ryung
5. Daewoo Shipbuilding & Marine Engineering
6. Daiduck Piping
7. Dong Yang Steel Pipe
8. Dongbu Steel
9. EEW Korea Company
10. Histeel
11. Hyundai RB
12. Kiduck Industries
13. Kum Kang Kind
14. Kumsoo Connecting
15. Miju Steel Mfg.
16. NEXTEEL Co., Ltd.
17. Samkand M & T
18. Seah FS
19. SeAH Steel Corporation
20. Steel Flower
21. YCP Co., Ltd

[FR Doc. 2023-26721 Filed 12-5-23; 8:45 am]
BILLING CODE 3510-DS-P
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