[Federal Register Volume 88, Number 234 (Thursday, December 7, 2023)]
[Notices]
[Pages 85236-85237]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26901]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[C-580-898]


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

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
producers and/or exporters of large diameter welded pipe (welded pipe) 
from the Republic of Korea (Korea) received countervailable subsidies 
during the period of review (POR), January 1, 2021, through December 
31, 2021.

DATES: Applicable December 7, 2023.

FOR FURTHER INFORMATION CONTACT: Jonathan Schueler or Faris Montgomery, 
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) 482-9175 
or (202) 482-1537, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On June 7, 2023, Commerce published the Preliminary Results of this 
administrative review in the Federal Register,\1\ and invited 
interested parties to comment. For a complete description of the events 
that followed the Preliminary Results, see the Issues and Decision 
Memorandum.\2\ Commerce postponed these final results until December 1, 
2023.\3\
---------------------------------------------------------------------------

    \1\ See Large Diameter Welded Pipe from the Republic of Korea: 
Preliminary Results and Partial Rescission of the Countervailing 
Duty Administrative Review; 2021, 88 FR 37200 (June 7, 2023) 
(Preliminary Results), and accompanying Preliminary Decision 
Memorandum.
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Countervailing Duty Administrative Review of 
Large Diameter Welded Pipe from the Republic of Korea; 2021,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
    \3\ See Memoranda, ``Extension of Deadline for Final Results of 
Countervailing Duty Administrative Review; 2021,'' dated September 
27, 2023; and ``Second Extension of Deadline for Final Results of 
Countervailing Duty Administrative Review; 2021,'' dated November 8, 
2023.
---------------------------------------------------------------------------

Scope of the Order <SUP>4</SUP>
---------------------------------------------------------------------------

    \4\ See Large Diameter Welded Pipe from the Republic of Korea: 
Countervailing Duty Order, 84 FR 18773 (May 2, 2019) (Order).
---------------------------------------------------------------------------

    The merchandise covered by the Order is welded pipe. For a complete 
description of the scope of the Order, see the Issues and Decision 
Memorandum.

Analysis of Comments Received

    All issues raised in interested parties' briefs are addressed in 
the Issues and Decision Memorandum. A list of the issues addressed 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 (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 case and rebuttal briefs and the 
evidence on the record, we made certain changes from the Preliminary 
Results related to the benefit calculations of certain programs due to 
data corrections based on verification findings. These changes are 
explained in the Issues and Decision Memorandum.

Methodology

    Commerce conducted this review in accordance with section 
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each 
of the subsidy programs found countervailable, we find that there is a 
subsidy, i.e., a government-provided financial contribution that gives 
rise to a benefit to the recipient, and that the subsidy is 
specific.\5\ For a description of the methodology underlying Commerce's 
conclusions, see the Issues and Decision Memorandum.
---------------------------------------------------------------------------

    \5\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------

Verification

    As provided in section 782(i) of the Act, in August and September 
2023, Commerce conducted on-site verification of the subsidy 
information reported by Hyundai RB Co., Ltd (Hyundai RB), SeAH Steel 
Corporation (SeAH Steel), and the Government of Korea. We used standard 
on-site verification procedures, including an examination of relevant 
accounting records and original source documents provided by the 
respondents.

Rate for Non-Selected Companies

    Generally, Commerce looks to section 705(c)(5) of the Act for 
guidance for calculating the rate for companies that were not selected 
for individual examination in an administrative review. Section 
705(c)(5)(A) of the Act states that for companies not investigated, in 
general, we will determine an all-others rate by weight averaging the 
countervailable subsidy rates established for each of the companies 
individually investigated, excluding zero and de minimis rates or any 
rates based solely on facts otherwise available. Here, the only rate 
that is not zero, de minimis, or based entirely on facts otherwise 
available is the rate calculated for Hyundai RB. Consequently, we are 
assigning this rate to HiSteel Co., Ltd., the only company not selected 
for individual examination.

Final Results of Review

    In accordance with 19 CFR 351.221(b)(5), we determine the following 
net countervailable subsidy rates exist for the POR January 1, 2021, 
through December 31, 2021:

[[Page 85237]]



------------------------------------------------------------------------
                                                            Subsidy rate
                          Company                            (percent ad
                                                              valorem)
------------------------------------------------------------------------
Hyundai RB Co., Ltd. and its cross-owned affiliates \6\...          1.54
SeAH Steel Corporation and its cross-owned affiliates \7\.        * 0.19
HiSteel Co., Ltd..........................................          1.54
------------------------------------------------------------------------
* (de minimis).

Disclosure

    Commerce intends to disclose to parties in this proceeding the 
calculations performed for these final results of review within five 
days of the date of publication of this notice in the Federal 
Register.\8\
---------------------------------------------------------------------------

    \6\ Commerce finds Shinchang Construction Co., Ltd. to be cross-
owned with Hyundai RB.
    \7\ Commerce finds the following companies to be cross-owned 
with SeAH Steel: SeAH Holdings Corporation; and ESAB SeAH 
Corporation.
    \8\ See 19 CFR 351.224(b).
---------------------------------------------------------------------------

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(2), Commerce has determined, and U.S. Customs and Border 
Protection (CBP) shall assess, countervailing duties on all appropriate 
entries of subject merchandise in accordance with the final results of 
this review, for the above-listed companies at the applicable ad 
valorem assessment rates listed. 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 Instructions

    In accordance with section 751(a)(1) of the Act, Commerce intends 
to instruct CBP to collect cash deposits of estimated countervailing 
duties in the amounts shown for each of the companies listed above 
based on shipments of subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of the 
final results of this administrative review.\9\ For all non-reviewed 
firms subject to the Order, we will instruct CBP to continue to collect 
cash deposits of estimated countervailing duties at the most recent 
company-specific rate or the all-others rate (i.e., 9.29 percent), as 
appropriate.\10\ These cash deposit requirements, effective upon 
publication of these final results, shall remain in effect until 
further notice.
---------------------------------------------------------------------------

    \9\ See, e.g., Honey from Argentina: Results of Countervailing 
Duty Administrative Review, 69 FR 29518 (May 24, 2004), and 
accompanying Issues and Decision Memorandum at Issue 4.
    \10\ See Order, 84 FR at 18775.
---------------------------------------------------------------------------

Administrative Protective Order

    This notice also serves as a reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). 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 sanctionable 
violation.

Notification to Interested Parties

    We are issuing and publishing these final results in accordance 
with sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.221(b)(5).

    Dated: December 1, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Subsidies Valuation Information
V. Analysis of Programs
VI. Discussion of Comments
    Comment 1: Whether the Korea Emissions Trading System (K-ETS) 
Program Is Countervailable
    Comment 2: Whether the Provision of Electricity for Less Than 
Adequate Remuneration (LTAR) Is Countervailable
    Comment 3: Whether the Demand Response Resources (DRR) Program 
Is Countervailable
    Comment 4: Whether Certain Programs Are De Facto Specific When 
Widely Available and Used
    Comment 5: Whether the Energy Storage Systems (ESS) Program Is 
Specific
    Comment 6: Whether the Employment Security Improvement (ESI) 
Program Is Countervailable
    Comment 7: Whether To Adjust the Calculated Benefit Under 
Restriction of Special Local Taxation Act (RSLTA) Article 78 for the 
Payment of the Special Rural Development Tax (SRDT)
VII. Recommendation

[FR Doc. 2023-26901 Filed 12-6-23; 8:45 am]
BILLING CODE 3510-DS-P