[Federal Register Volume 88, Number 248 (Thursday, December 28, 2023)]
[Notices]
[Pages 89659-89661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28585]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-876]


Welded Line Pipe From the Republic of Korea: Preliminary Results 
of Antidumping Duty Administrative Review and Partial Rescission 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) preliminarily 
determines that SeAH Steel Corporation (SeAH), a producer/exporter of 
welded line pipe, did not make sales of subject merchandise at less 
than normal value (NV) during the period of review (POR), December 1, 
2021, through November 31, 2022. Interested parties are invited to 
comment on these preliminary results of review.

DATES: Applicable December 28, 2023.

FOR FURTHER INFORMATION CONTACT: Adam Simons, AD/CVD Operations, Office 
IX, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, 
DC 20230; telephone: (202) 482-6172.

SUPPLEMENTARY INFORMATION:

Background

    On February 2, 2023, based on timely requests for review, in 
accordance with 19 CFR 351.221(c)(1)(i), we initiated an administrative 
review of the antidumping duty order on welded line pipe from the 
Republic of Korea (Korea).\1\ On February 14, 2023, NEXTEEL Co., Ltd. 
(NEXTEEL) timely withdrew its request for review.\2\ On March 10 and 
14, 2023, Hyundai Steel Company (Hyundai Steel) and Husteel Co., Ltd. 
(Husteel), respectively, timely withdrew their requests for review.\3\ 
On August 10, 2023, we extended the preliminary results of this review 
to no later than December 20, 2023.\4\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 7060 (February 2, 2023); see also 
Welded Line Pipe from the Republic of Korea and the Republic of 
Turkey: Antidumping Duty Orders, 80 FR 75056, 75057 (December 1, 
2015) (Order).
    \2\ See NEXTEEL's Letter, ``Withdrawal of Request for 
Administrative Review,'' dated February 14, 2023.
    \3\ See Hyundai Steel's Letter, ``Withdrawal of Request for 
Administrative Review,'' dated March 10, 2023; and Husteel's Letter, 
``Withdrawal of Request for Administrative Review,'' dated March 14, 
2023.
    \4\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of 2021-2022 Antidumping Duty Administrative Review,'' dated 
August 10, 2023.
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    For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\5\ 
For a full description of the methodology underlying our conclusions, 
see the Preliminary Decision Memorandum. A list of the topics discussed 
in the Preliminary Decision Memorandum is attached as an appendix 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 https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \5\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the 2021-2022 Administrative Review of the Antidumping 
Duty Order on Welded Line Pipe from Korea,'' dated concurrently 
with, and hereby adopted by, this notice (Preliminary Decision 
Memorandum).
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Scope of the Order

    The merchandise subject to the Order is welded line pipe from 
Korea. The product is currently classified under the following 
Harmonized Tariff Schedule of the United States (HTSUS) subheadings: 
7305.11.1030, 7305.11.1060, 7305.11.5000, 7305.12.1030, 7305.12.1060, 
7305.12.5000, 7305.19.1030, 7305.19.5000, 7306.19.1010, 7306.19.1050, 
7306.19.5110, and 7306.19.5150. Although the HTSUS subheadings are 
provided for convenience and for customs purposes, the written product 
description remains dispositive. For a complete description of the 
scope of the Order, see the Preliminary Decision Memorandum.

Partial Rescission of Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if a party who requested a 
review

[[Page 89660]]

withdraws its request within 90 days of the date of publication of 
notice of initiation. As noted above, the following companies timely 
withdrew their review requests and no other party requested an 
administrative review of these companies: Husteel, Hyundai Steel, and 
NEXTEEL. Therefore, we are rescinding this administrative review with 
respect to these companies, pursuant to 19 CFR 351.213(d)(1).

Methodology

    Commerce is conducting this review in accordance with section 
751(a) of the Tariff Act of 1930, as amended (the Act). Constructed 
export price is calculated in accordance with section 772 of the Act. 
Normal value is calculated in accordance with section 773 of the Act.

Preliminary Results of Review

    As a result of this review, we preliminarily determine the 
following weighted-average dumping margin exists for the period 
December 1, 2021, through November 30, 2022:

------------------------------------------------------------------------
                                                            Weighted-
                                                         average dumping
                   Producer/exporter                          margin
                                                            (percent)
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SeAH Steel Corporation.................................            0.00
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Disclosure and Public Comment

    We intend to disclose the calculations performed for these 
preliminary results to interested parties within five days after the 
date of publication of this notice.\6\ 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.\7\ 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.\8\ All briefs must be filed electronically using ACCESS. 
An electronically filed document must be received successfully in its 
entirety in ACCESS by 5:00 p.m. Eastern Time on the established 
deadline.
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    \6\ See 19 CFR 351.224(b).
    \7\ 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) (APO and Final Service Rule).
    \8\ See 19 351.309(c)(2) and (d)(2).
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    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 briefs 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.\9\ Further, we 
request that interested parties limit their executive summary of each 
issue to no more than 450 words, not 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).\10\
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    \9\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \10\ See APO and Final Service Rule.
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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 by 5:00 p.m. Eastern Time within 30 days after the date of 
publication of this notice. 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 will inform parties of the scheduled 
date for the hearing.\11\
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    \11\ See 19 CFR 351.310(d).
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Assessment Rates

    Upon issuing the final results, Commerce shall determine, and U.S. 
Customs and Border Protection (CBP) shall assess, antidumping duties on 
all appropriate entries. Pursuant to 19 CFR 351.212(b)(1), SeAH did not 
report actual entered value for all of its U.S. sales; in such 
instances, we calculated importer-specific per-unit duty assessment 
rates by aggregating the total amount of antidumping duties calculated 
for the examined sales and dividing this amount by the total quantity 
of those sales. Where either the respondent's weighted-average dumping 
margin is zero or de minimis within the meaning of 19 CFR 
351.106(c)(1), or an importer-specific rate is zero or de minimis, we 
will instruct CBP to liquidate the appropriate entries without regard 
to antidumping duties.
    Commerce's ``automatic assessment'' practice will apply to entries 
of subject merchandise during the POR produced by SeAH for which it did 
not know that the merchandise it 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.
    Because Commerce is rescinding this review with respect to Husteel, 
Hyundai Steel, and NEXTEEL, Commerce will instruct CBP to assess 
antidumping duties on all appropriate entries of subject merchandise 
during the POR for these companies at rates equal to the cash deposit 
rate of estimated antidumping duties required at the time of entry, or 
withdrawal from warehouse, for consumption, in accordance with 19 CFR 
351.212(c)(1)(i). Commerce intends to issue its rescission instructions 
to CBP no earlier than 35 days after the date of publication of this 
notice in the Federal Register.
    Commerce intends to issue assessment instructions to CBP regarding 
SeAH 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 company 
listed above will be that 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 previously investigated or 
reviewed companies not covered in this review, the cash deposit rate 
will continue to be the company-specific cash deposit rate published 
for the most recently completed segment of this proceeding in which the 
company participated; (3) if the exporter is not a firm covered in this 
review, or the less-than-fair-value (LTFV) investigation, but the 
manufacturer is, then the cash deposit rate will be the rate 
established for the most recent segment for the

[[Page 89661]]

manufacturer of the merchandise; and (4) the cash deposit rate for all 
other manufacturers or exporters will continue to be 4.38 percent, the 
all-others rate established in the LTFV investigation.\12\ These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \12\ See Order.
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Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f) 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: December 20, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Rescission of Review, in Part
V. Discussion of the Methodology
VI. Recommendation

[FR Doc. 2023-28585 Filed 12-27-23; 8:45 am]
BILLING CODE 3510-DS-P