[Federal Register Volume 87, Number 5 (Friday, January 7, 2022)]
[Notices]
[Pages 928-930]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00079]


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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 Preliminary Determination 
of No Shipments; 2019-2020

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that certain producers/exporters subject to this administrative review 
made sales of subject merchandise at less than normal value (NV). 
Interested parties are invited to comment on these preliminary results 
of review.

DATES: Applicable January 7, 2022.

FOR FURTHER INFORMATION CONTACT: David Goldberger or Adam Simons, AD/
CVD Operations, Office II, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-4136 or (202) 
482-6172, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On February 4, 2021, 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\ The period of review is December 1, 2019, 
through November 30, 2020. In August 2021, we extended the preliminary 
results of this review to no later than December 30, 2021.\2\ For a 
complete description of the events that followed the initiation of this 
review, see the Preliminary Decision Memorandum.\3\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 86 FR 8166 (February 4, 2021); 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 Memorandum, ``Extension of Deadline for Preliminary 
Results of 2019-2020 Antidumping Duty Administrative Review,'' dated 
August 9, 2021.
    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the 2019-2020 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.\4\ The 
product is currently classified under the following Harmonized Tariff 
Schedule of the United States (HTSUS) item numbers: 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.
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    \4\ For a complete description of the scope of the order, see 
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. NV is calculated in accordance with section 773 of the 
Act. For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum. 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 http://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. A list of 
the topics discussed in the Preliminary Decision Memorandum is attached 
as Appendix I to this notice.

Preliminary Determination of No Shipments

    Among the companies under review, HiSteel Co., Ltd. (HiSteel) 
properly filed a statement that it made no shipments of subject 
merchandise to the United States during the POR.\5\ Based on its 
certification and our analysis of U.S. Customs and Border Protection 
(CBP) information, we preliminarily determine that HiSteel had no 
reviewable transactions during the POR.\6\ Consistent with our 
practice, we are not preliminarily rescinding the review with respect 
to HiSteel. Instead, we will complete the review for HiSteel 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 March 
5, 2021.
    \6\ See Memorandum, ``Results of No Shipments Inquiry for 
HiSteel Co., Ltd.,'' dated April 6, 2021.
    \7\ See, e.g., Welded Line Pipe From the Republic of Korea: 
Preliminary Results of Antidumping Duty Administrative Review and 
Preliminary Determination of No Shipments; 2016-2017, 84 FR 4046, 
4047 (February 14, 2019), unchanged in Welded Line Pipe from the 
Republic of Korea: Final Results of Antidumping Duty Administrative 
Review and Final Determination of No Shipments; 2016-2017, 84 FR 
27762 (June 14, 2019).
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Preliminary Results of the Review

    As a result of this review, we preliminarily determine the 
following weighted-average dumping margins for the period December 1, 
2019, through November 30, 2020:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Producer or exporter                        dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Hyundai Steel Company \8\...................................        1.93
SeAH Steel Corporation......................................        0.00
Companies Not Selected for Individual Review \9\............        1.93
------------------------------------------------------------------------

Review-Specific Average Rate for Companies Not Selected for Individual 
Review

    The exporters or producers not selected for individual review are 
listed in Appendix II.
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    \8\ We also initiated an administrative review of Hyundai HYSCO. 
In 2015, Hyundai HYSCO merged with Hyundai Steel subsequent to the 
period of investigation and Hyundai HYSCO no longer exists. See 
Welded Line Pipe from the Republic of Korea: Final Determination of 
Sales at Less Than Fair Value, 80 FR 61366 (October 13, 2015), and 
accompanying Issues and Decision Memorandum at 1.
    \9\ 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 examined, excluding any margins that are 
zero or de minimis margins, and any margins determined entirely {on 
the basis of facts available{time} .'' For these preliminary 
results, we have preliminarily calculated a weighted-average dumping 
margins for these companies using the calculated rates of the 
mandatory respondents, Hyundai Steel and SeAH, which are not zero or 
de minimis, or determined entirely on the basis of facts available.

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[[Page 929]]

Assessment Rates

    Upon issuing the final results, Commerce shall determine, and CBP 
shall assess, antidumping duties on all appropriate entries.
    Pursuant to 19 CFR 351.212(b)(1), where Hyundai Steel Company 
(Hyundai Steel) reported the entered value of its 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 the sales for which entered value 
was reported. SeAH Steel Corporation (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.
    For the companies which were not selected for individual review, we 
will assign an assessment rate based on the weighted average of the 
cash deposit rates calculated for Hyundai Steel and SeAH excluding any 
which are zero, de minimis, or determined entirely on adverse facts 
available. The final results of this 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 deposits of estimated 
duties, where applicable.\10\
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    \10\ See section 751(a)(2)(C) of the Act.
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    Commerce's ``automatic assessment'' practice will apply to entries 
of subject merchandise during the POR produced by Hyundai Steel or SeAH 
for which the reviewed companies did not know that the merchandise they 
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.
    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 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 companies 
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 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.\11\ These deposit requirements, 
when imposed, shall remain in effect until further notice.
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    \11\ See Order.
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Disclosure

    Commerce intends to disclose the calculations performed in 
connection with these preliminary results to interested parties within 
five days after the date of publication of this notice.\12\
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    \12\ See 19 CFR 351.224(b).
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Verification

    On May 17, 2021, Commerce received a request from domestic 
producers Maverick Tube Corporation (Maverick) and IPSCO Tubulars Inc. 
(IPSCO Tubulars) to conduct verification of the responses in this 
administrative review.\13\ Commerce is currently unable to conduct on-
site verification of the information relied upon for the final results 
of this review. Accordingly, we intend to take additional steps in lieu 
of on-site verification. Commerce will notify interested parties of any 
additional documentation or information required.
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    \13\ See Maverick's and IPSCO Tubulars' Letter, ``Request for 
Verification,'' dated May 17, 2021.
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Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance. A timeline for the 
submission of case briefs and written comments will be provided to 
interested parties at a later date. Rebuttal briefs, limited to issues 
raised in the case briefs, may be filed no later than seven days after 
the time limit for filing case briefs.\14\ Parties who submit case 
briefs or rebuttal briefs in this proceeding are encouraged to submit 
with each argument: (1) A statement of the issue; (2) a brief summary 
of the argument; and (3) a table of authorities.\15\ Case and rebuttal 
briefs should be filed using ACCESS.\16\
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    \14\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
    \15\ See 19 CFR 351.309(c)(2) and (d)(2).
    \16\ See 19 CFR 351.303.
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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 within 30 days after the date of publication of this notice.\17\ 
Hearing 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, parties will be notified of the time and date for the 
hearing.\18\
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    \17\ See 19 CFR 351.310(c).
    \18\ See 19 CFR 351.310(d).
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Final Results

    Commerce intends to issue the final results of this administrative 
review, including the results of its analysis raised in any written 
briefs, not later than 120 days after the publication of these 
preliminary results in the Federal Register, unless otherwise 
extended.\19\
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    \19\ See section 751(a)(3)(A) of the Act.
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Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR

[[Page 930]]

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.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: December 30, 2021.
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 I

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Determination of No Shipments
V. Discussion of the Methodology
VI. Recommendation

Appendix II

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

1. AJU Besteel Co., Ltd.
2. BDP International, Inc.
3. Daewoo International Corporation
4. Dong Yang Steel Pipe
5. Dongbu Incheon Steel Co.
6. Dongbu Steel Co., Ltd.
7. Dongkuk Steel Mill
8. EEW Korea Co., Ltd.
9. Husteel Co., Ltd.
10. Hyundai RB Co. Ltd.
11. Kelly Pipe Co., Ltd.
12. Keonwoo Metals Co., Ltd.
13. Kolon Global Corp.
14. Korea Cast Iron Pipe Ind. Co., Ltd.
15. Kurvers Piping Italy S.R.L.
16. Miju Steel MFG Co., Ltd.
17. MSTEEL Co., Ltd.
18. NEXTEEL Co. Ltd.
19. Poongsan Valinox (Valtimet Division)
20. POSCO
21. POSCO Daewoo
22. R&R Trading Co. Ltd.
23. Sam Kang M&T Co., Ltd.
24. Sin Sung Metal Co., Ltd.
25. SK Networks
26. Soon-Hong Trading Company
27. Steel Flower Co., Ltd.
28. TGS Pipe
29. Tokyo Engineering Korea Ltd.

[FR Doc. 2022-00079 Filed 1-6-22; 8:45 am]
BILLING CODE 3510-DS-P