[Federal Register Volume 89, Number 216 (Thursday, November 7, 2024)]
[Notices]
[Pages 88234-88236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25873]


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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; 2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that

[[Page 88235]]

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, 2022, through December 
31, 2022.

DATES: Applicable November 7, 2024.

FOR FURTHER INFORMATION CONTACT: Jonathan Schueler or Brandon James, 
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) 482-7472, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On June 6, 2024, 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\ On July 22, 2024, Commerce tolled certain deadlines in 
this administrative proceeding by seven days.\3\ On September 27, 2024, 
Commerce extended the deadline for the final results to November 1, 
2024.\4\
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    \1\ See Large Diameter Welded Pipe from the Republic of Korea: 
Preliminary Results and Partial Rescission of the Countervailing 
Duty Administrative Review; 2022, 89 FR 48382 (June 6, 2024) 
(Preliminary Results), and accompanying Preliminary Decision 
Memorandum (PDM).
    \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; 2022,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
    \3\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.
    \4\ See Memorandum ``Extension of Deadline for Final Results of 
Countervailing Duty Administrative Review; 2022,'' dated September 
26, 2024.
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Scope of the Order <SUP>5</SUP>
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    \5\ See Large Diameter Welded Pipe from the Republic of Korea: 
Countervailing Duty Order, 84 FR 18773 (May 2, 2019) (Order).
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    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. 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.\6\ For a description of the methodology underlying Commerce's 
conclusions, see the Issues and Decision Memorandum.
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    \6\ 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.
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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. There are six 
companies for which a review was requested and not rescinded, and which 
were not selected as mandatory respondents or found to be cross-owned 
with a mandatory respondent. For these non-selected companies, because 
the rates calculated for mandatory respondents Hyundai RB and SeAH 
Steel are above de minimis and not based entirely on facts available, 
we are applying a subsidy rate based on a weighted average of the rates 
calculated for the two mandatory respondents using the publicly-ranged 
sales data they submitted on the record.\7\ This methodology is 
consistent with our practice for establishing an all-others subsidy 
rate pursuant to section 705(c)(5)(A) of the Act.
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    \7\ See Preliminary Results, 89 FR 48383.
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    This is the same methodology Commerce applied in the Preliminary 
Results for determining a rate for companies not selected for 
individual examination. However, due to changes in the calculations for 
Hyundai RB, we revised the non-selected rate accordingly. Consequently, 
we are applying an ad valorem subsidy rate of 0.56 percent for the six 
non-selected companies for which a review was requested and not 
rescinded.

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, 2022, 
through December 31, 2022:
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    \8\ Commerce finds Shinchang Construction Co., Ltd. to be cross-
owned with Hyundai RB.
    \9\ Commerce finds the following companies to be cross-owned 
with SeAH Steel: SeAH Steel Holdings Corporation; and ESAB SeAH 
Corporation.
    \10\ Subject merchandise both produced and exported by Husteel 
Co., Ltd. (Husteel) is excluded from the Order. Thus, Husteel's 
inclusion in this administrative review is limited to entries for 
which Husteel was not both the producer and exporter of the subject 
merchandise.

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                            (percent ad
                                                             valorem)
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Hyundai RB Co., Ltd. and its cross-owned affiliate \8\..            0.71
SeAH Steel Corporation and its cross-owned affiliates               0.54
 \9\....................................................
Review-Specific Average Rate Applicable to the Following
 Companies..............................................
                                                         ---------------
Chang Won Bending Co., Ltd..............................            0.56
Dong Yang Steel Pipe Co., Ltd...........................            0.56
EEW Korea Co., Ltd......................................            0.56
HiSteel Co., Ltd........................................            0.56
Husteel Co., Ltd.\10\...................................            0.56
Kumsoo Connecting Co., Ltd..............................            0.56
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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.\11\
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    \11\ See 19 CFR 351.224(b).
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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)

[[Page 88236]]

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.\12\ 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 established in the 
original investigation (i.e., 9.29 percent), as appropriate.\13\ These 
cash deposit requirements, effective upon publication of these final 
results, shall remain in effect until further notice.
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    \12\ 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.
    \13\ See Order, 84 FR 18775.
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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: October 31, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the 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 Provision of Electricity for Less Than 
Adequate Remuneration (LTAR) Is Countervailable
    Comment 2: Whether the Demand Response Resources (DRR) Program 
Is Countervailable
    Comment 3: Whether Certain Programs Are De Facto Specific When 
Widely Available and Used
    Comment 4: Whether the Discount Electricity Charges for Energy 
Storage Systems (ESS) Program Is Specific
VII. Recommendation

[FR Doc. 2024-25873 Filed 11-6-24; 8:45 am]
BILLING CODE 3510-DS-P