[Federal Register Volume 87, Number 68 (Friday, April 8, 2022)]
[Notices]
[Pages 20815-20817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07503]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-870]


Certain Oil Country Tubular Goods From the Republic of Korea: 
Final Results of Antidumping Duty Administrative Review and Final 
Determination of No Shipments; 2019-2020

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

SUMMARY: The Department of Commerce (Commerce) determines that certain 
producers/exporters subject to this review made sales of oil country 
tubular goods (OCTG) from the Republic of Korea (Korea) at less than 
normal value during the period of review (POR), September 1, 2019, 
through August 31, 2020, and that HiSteel Co., Ltd. (HiSteel) had no 
shipments of subject merchandise to the United States during the POR.

DATES: Applicable April 8, 2022.

FOR FURTHER INFORMATION CONTACT: Mark Flessner or Frank Schmitt, AD/CVD 
Operations, Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-6312, or (202) 482-4880, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On October 5, 2021, Commerce published the Preliminary Results of 
this administrative review.\1\ We invited interested parties to comment 
on the Preliminary Results. Between November 9, 2021, and November 22, 
2021, Commerce received timely filed case briefs and rebuttal briefs 
from various interested parties.\2\ On December 29, 2021, we extended 
the deadline for the final results until April 1, 2022.\3\ The final 
results cover 33 companies.\4\ Commerce conducted this review in 
accordance with section 751(a) of the Tariff Act of 1930, as amended 
(the Act).
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    \1\ See Certain Oil Country Tubular Goods from the Republic of 
Korea: Preliminary Results of Antidumping Duty Administrative Review 
and Preliminary Determination of No Shipments; 2019-2020, 86 FR 
54928 (October 5, 2021) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum.
    \2\ See SeAH Steel Corporation (SeAH)'s Letter, ``Administrative 
Review of the Antidumping Order on Oil Country Tubular Goods from 
Korea--Case Brief of SeAH Steel Corporation,'' dated November 9, 
2021; see also Husteel Co., Ltd. (Husteel)'s Letter, ``Oil Country 
Tubular Goods from Republic of Korea, Case No. A-580-870: Letter in 
Lieu of Case Brief,:'' dated November 9, 2021; AJU Besteel Co., 
Ltd., (AJU Besteel)'s Letter, ``Certain Oil Country Tubular Goods 
from the Republic of Korea--Letter in Support of Case Briefs,'' 
dated November 9, 2021; ILJIN Steel Corporation (ILJIN)'s Letter, 
``Certain Oil Country Tubular Goods from the Republic of Korea--
Letter in Support of Case Brief,'' dated November 9, 2021; Hyundai 
Steel Company (Hyundai Steel)'s Letter, ``Certain Oil Country 
Tubular Goods from the Republic of Korea--Case Brief,'' dated 
November 9, 2021; United States Steel Corporation, Vallourec Star 
L.P., and Welded Tube USA (collectively, Domestic Interested 
Parties)' Letter, ``Oil Country Tubular Goods from the Republic of 
Korea: Case Brief of Domestic Interested Parties,'' dated November 
9, 2021; SeAH's Letter, ``Administrative Review of the Antidumping 
Duty Order on Oil Country Tubular Goods from Korea--Rebuttal Brief 
of SeAH Steel Corporation,'' dated November 22, 2021; Husteel's 
Letter, ``Oil Country Tubular Goods from the Republic of Korea, Case 
No. A-580-870: Husteel's Case Brief,'' dated November 22, 2021; see 
AJU Besteel's Letter, ``Certain Oil Country Tubular Goods from the 
Republic of Korea--Letter in Support of Rebuttal Briefs,'' dated 
November 22, 2021; ILJIN's Letter, ``Certain Oil Country Tubular 
Goods from the Republic of Korea--Letter in Support of Rebuttal 
Briefs,'' dated November 22, 2021; NEXTEEL Co., Ltd. (NEXTEEL)'s 
Letter, ``Certain Oil Country Tubular Goods from the Republic of 
Korea: NEXTEEL's Letter in Support of Respondents' Rebuttal 
Briefs,'' dated November 22, 2021; Hyundai Steel's Letter, ``Certain 
Oil Country Tubular Goods from the Republic of Korea--Rebuttal 
Brief,'' dated November 22, 2021; and Domestic Interested Parties' 
Letter, ``Oil Country Tubular Goods from the Republic of Korea: 
Rebuttal Brief of Domestic Interested Parties,'' dated November 22, 
2021.
    \3\ See Memorandum, ``Oil Country Tubular Goods from the 
Republic of Korea: Extension of Time Limit for Final Results of 
Antidumping Duty Administrative Review, 2019-2020,'' dated December 
29, 2021.
    \4\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 85 FR 68840 (October 30, 2020). The 33 
companies consist of two mandatory respondents, 30 companies not 
individually examined, and one company that had no shipments.
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    For a complete description of the events that followed the 
Preliminary Results of this administrative review, see the Issues and 
Decision Memorandum.\5\ 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. Additionally, a complete version of the Issues and 
Decision Memorandum can be accessed at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \5\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2019-2020 Administrative Review of the 
Antidumping Duty Order on Certain Oil Country Tubular Goods from the 
Republic of Korea,'' dated concurrently with, and hereby adopted by, 
this notice (Issues and Decision Memorandum).
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Scope of the Order <SUP>6</SUP>
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    \6\ See Certain Oil Country Tubular Goods from India, the 
Republic of Korea, Taiwan, the Republic of Turkey, and the Socialist 
Republic of Vietnam: Antidumping Duty Orders; and Certain Oil 
Country Tubular Goods from the Socialist Republic of Vietnam: 
Amended Final Determination of Sales at Less Than Fair Value, 79 FR 
53691 (September 10, 2014) (Order).
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    The merchandise covered by the Order is certain OCTG. For a 
complete description of the scope of the Order, see the Issues and 
Decision Memorandum.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs that were 
submitted by parties in this review are addressed in the Issues and 
Decision Memorandum and listed in the appendix to this notice.

Changes Since the Preliminary Results

    Based on our analysis of the comments received, we made certain 
changes to the margin calculations for Hyundai Steel. For a discussion 
of these changes, see the ``Margin Calculations'' section of the Issues 
and Decision Memorandum. We did not make changes to the margin 
calculations for SeAH.

Determination of No Shipments

    In the Preliminary Results, Commerce found that HiSteel did not 
have shipments of subject merchandise to the United States during the 
POR. No parties commented on this determination. Accordingly, for the 
final results of review, we continue to find that Histeel made no 
shipments of subject merchandise to the United States during the POR. 
Consistent with Commerce's practice,\7\ we intend to instruct U.S. 
Customs and Border Protection (CBP) to liquidate any existing entries 
of subject merchandise produced by HiSteel, but exported by other 
parties, at the rate for the intermediate reseller, if available, or at 
the all-others rate of 5.24 percent.\8\
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    \7\ See, e.g., Certain Corrosion-Resistant Steel Products from 
Taiwan: Final Results of the Antidumping Duty Administrative Review 
and Final Determination of No Shipments; 2018-2019, 86 FR 28554 (May 
27, 2021).
    \8\ See Certain Oil Country Tubular Goods from the Republic of 
Korea: Notice of Court Decision Not in Harmony with Final 
Determination, 81 FR 59603 (August 30, 2016).
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Final Results of Administrative Review

    For these final results, Commerce determines that the following 
weighted-average dumping margins exist for the

[[Page 20816]]

period September 1, 2019, through August 31, 2020:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margins
                                                               (percent)
------------------------------------------------------------------------
Hyundai Steel Company.......................................       19.54
SeAH Steel Corporation......................................        3.85
Non-examined companies \9\..................................       11.70
------------------------------------------------------------------------

Rate for Non-Examined Companies
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    \9\ See Appendix II for a full list of these companies.
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    For the rate for non-selected respondents in an administrative 
review, 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. 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{time} .'' For these final 
results, we calculated dumping margins for the two mandatory 
respondents, Hyundai Steel and SeAH, of 19.54 and 3.85 percent, 
respectively. Therefore, we have assigned to the non-selected companies 
a rate of 11.70 percent, which is the simple average of Hyundai Steel's 
and SeAH's margins.\10\
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    \10\ Commerce was unable to compare a simple average to a 
weighted-average relative to publicly available data because public 
data for volume of U.S. sales were not available for both 
respondents.
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Disclosure

    Commerce intends to disclose the calculations performed for these 
final results of review for Hyundai Steel within five days of the date 
of publication of this notice in the Federal Register, in accordance 
with 19 CFR 351.224(b). Because no changes were made to SeAH's margins 
since the Preliminary Results, no disclosure of SeAH's calculations is 
necessary for these final results.

Assessment

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b), 
Commerce shall determine, CBP shall assess, antidumping duties on all 
appropriate entries of subject merchandise in accordance with the final 
results of this review.
    Where the respondent reported reliable entered values, we 
calculated importer- (or customer-) specific ad valorem rates by 
aggregating the dumping margins calculated for all U.S. sales to each 
importer (or customer) and dividing this amount by the total entered 
value of the sales to each importer (or customer).\11\ Where Commerce 
calculated a weighted-average dumping margin by dividing the total 
amount of dumping for reviewed sales to that party by the total sales 
quantity associated with those transactions, Commerce will direct CBP 
to assess importer- (or customer-) specific assessment rates based on 
the resulting per-unit rates.\12\ Where an importer- (or customer-) 
specific ad valorem or per-unit rate is greater than de minimis (i.e., 
0.50 percent), Commerce will instruct CBP to collect the appropriate 
duties at the time of liquidation.\13\ Where an importer- (or customer-
) specific ad valorem or per-unit rate is zero or de minimis, Commerce 
will instruct CBP to liquidate appropriate entries without regard to 
antidumping duties.\14\
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    \11\ See 19 CFR 351.212(b)(1).
    \12\ Id.
    \13\ Id.
    \14\ See 19 CFR 351.106(c)(2).
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    For the companies which were not selected for individual review, we 
will assign an assessment rate based on the methodology described in 
the ``Rates for Non-Examined Companies'' section, above.
    Consistent with Commerce's assessment practice, for entries of 
subject merchandise during the POR produced by SeAH, Hyundai Steel, or 
the non-examined companies for which the producer did not know that its 
merchandise was destined for 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.\15\
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    \15\ 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.\16\ 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).
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    \16\ See Notice of Discontinuation Policy to Issue Liquidation 
Instructions After 15 Days in Applicable Antidumping and 
Countervailing Duty Administrative Proceedings, 86 FR 3995 (January 
15, 2021).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of 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 for by section 751(a)(2)(C) 
of the Act: (1) The cash deposit rates for the companies listed in 
these final results will be equal to the weighted-average dumping 
margins established in the final results of this review; (2) for 
merchandise exported by producers or exporters not covered in this 
review but covered in a prior segment of this proceeding, the cash 
deposit rate will continue to be the company-specific rate published 
for the most recently completed segment in which the company was 
reviewed; (3) if the exporter is not a firm covered in this review, a 
prior review, or the original less-than-fair-value (LTFV) 
investigation, but the producer is, the cash deposit rate will be the 
rate established for the most recently completed segment of this 
proceeding for the producer of the subject merchandise; and (4) the 
cash deposit rate for all other producers or exporters will continue to 
be 5.24 percent,\17\ the all-others rate established in the LTFV 
investigation. These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \17\ See Certain Oil Country Tubular Goods from the Republic of 
Korea: Notice of Court Decision Not in Harmony with Final 
Determination, 81 FR 59603 (August 30, 2016).
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Notification to Importers

    This notice serves as a final 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 double 
antidumping duties.

Notification Regarding Administrative Protective Order

    This notice also serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3), which continues to govern 
business proprietary information in this segment of the proceeding. 
Timely written

[[Page 20817]]

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

    This administrative review and notice are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
351.213(h) and 19 CFR 351.221(b)(5).

    Dated: April 1, 2022.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.

Appendix I

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Final Determination of No Shipments
V. Changes Since the Preliminary Results
VI. Rate for Non-Examined Companies
VII. Discussion of the Issues

    General Issues
    Comment 1: Particular Market Situation
    Comment 2: Differential Pricing

    Hyundai Steel-Specific Issues
    Comment 3: CV Profit and Selling Expenses
    Comment 4: CV Profit Cap
    Comment 5: Source for CEP Profit
    Comment 6: Inland Freight From Port to Warehouse
    Comment 7: Adjustment to HSU G&A Expense Ratio and Treatment of 
Scrap
    Comment 8: HSU Financials and AFA
    Comment 9: Reporting of Non-API Grade OCTG and AFA
    Comment 10: Further Manufacturing Yield
    Comment 11: Warehousing Expense and Facts Available
    Comment 12: Expenses Incurred in the United States
    Comment 13: Allocation of Indirect Selling Expense Ratio
    Comment 14: Use of Prior POR Cost Data
    Comment 15: Affiliated Ocean Freight Costs

    SeAH-Specific Issues
    Comment 16: Constructed Export Price (CEP) Offset
    Comment 17: Freight Revenue Cap
    Comment 18: Calculation of General and Administrative (G&A) 
Expenses Incurred by SeAH's U.S. Affiliate
VII. Recommendation

Appendix II

List of Companies Not Individually Examined

1. AJU Besteel Co., Ltd.
2. DB Inc.
3. Dong-A Steel Co., Ltd.
4. FM Oilfield Services Solutions LLC
5. Hengyang Steel Tube Group International Trading Inc.
6. Husteel Co., Ltd.
7. Hyundai Corporation
8. Hyundai Heavy Industries Co., Ltd.
9. ILJIN Steel Corporation
10. K Steel Corporation
11. KASCO
12. Kenwoo Metals Co., Ltd.
13. Kukje Steel Co., Ltd.
14. Kumkang Kind Co., Ltd.
15. Kumsoo Connecting Co., Ltd.
16. Master Steel Corporation
17. NEXTEEL Co., Ltd.
18. POSCO International Corporation
19. Pusan Coupling Corporation
20. Pusan Fitting Corporation
21. Sang Shin Industrial Co., Ltd. (a.k.a. SIC Tube Co., Ltd.)
22. SeAH Changwon Integrated Special Steel Co., Ltd.
23. Shin Steel Co., Ltd.
24. Sichuan Y&J Industries Co. Ltd.
25. Steel-A Co., Ltd.
26. Sungwon Steel Co., Ltd.
27. TGS Pipe Co., Ltd.
28. TJ Glovsteel Co., Ltd.
29. TPC Co., Ltd.
30. T-Tube Co., Ltd.

[FR Doc. 2022-07503 Filed 4-7-22; 8:45 am]
BILLING CODE 3510-DS-P