[Federal Register Volume 87, Number 67 (Thursday, April 7, 2022)]
[Notices]
[Pages 20390-20392]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07445]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-880]


Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From 
the Republic of Korea: Final Results of Antidumping Duty Administrative 
Review; 2019-2020

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

SUMMARY: The Department of Commerce (Commerce) determines that 
producers and/or exporters subject to this administrative review made 
sales of subject merchandise at less than normal value during the 
period of review (POR), September 1, 2019, through August 31, 2020.

DATES: Applicable April 7, 2022.

FOR FURTHER INFORMATION CONTACT: Alice Maldonado or Jacob Garten, 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) 482-4682 or (202) 
482-3342, respectively.

SUPPLEMENTARY INFORMATION:

Background

    This review covers two producers and exporters of the subject 
merchandise.\1\ Commerce selected Dong-A Steel Co., Ltd., (DOSCO) and 
HiSteel Co., Ltd., (HiSteel) for individual examination. On October 6, 
2021, Commerce published the Preliminary Results.\2\ In November and 
December 2021, the petitioner,\3\ DOSCO, and HiSteel submitted case and 
rebuttal briefs.\4\ For a description of the events that occurred since 
the Preliminary Results, see the Issues and Decision Memorandum.\5\ On 
January 14, 2022, Commerce extended the deadline for the final results 
of this administrative review until April 1, 2022.\6\
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    \1\ We received a timely submission withdrawing all review 
requests for 27 companies; we rescinded the review with respect to 
these companies. See Heavy Walled Rectangular Welded Carbon Steel 
Pipes and Tubes from the Republic of Korea: Rescission of 
Antidumping Duty Administrative Review; 2019-2020, in Part, 86 FR 
14075 (March 12, 2021).
    \2\ See Heavy Walled Rectangular Welded Carbon Steel Pipes and 
Tubes from the Republic of Korea: Preliminary Results of Antidumping 
Duty Administrative Review; 2019-2020, 86 FR 55582 (October 6, 2021) 
(Preliminary Results).
    \3\ The petitioner is Nucor Tubular Products Inc.
    \4\ See Petitioner's Letter, ``Heavy Walled Rectangular Welded 
Carbon Steel Pipes and Tubes from South Korea: Nucor Tubular's Case 
Brief,'' dated November 17, 2021; DOSCO's Letter, ``Administrative 
Review of the Antidumping Order on Heavy Walled Rectangular Carbon 
Steel Pipe and Tube from Korea--Case Brief of Dong-A-Steel Co., Ltd 
and SeAH Steel Corporation,'' dated November 17, 2021; HiSteel's 
Letter, ``Administrative Review of the Antidumping Order on Heavy 
Walled Rectangular Carbon Steel Pipe and Tube from Korea--Case Brief 
of HiSteel Co., Ltd.,'' dated November 17, 2021; DOSCO and HiSteel's 
Joint Letter, ``Administrative Review of the Antidumping Order on 
Heavy Walled Rectangular Carbon Steel Pipe and Tube from Korea--
Rebuttal Brief of Dong-A-Steel Co., Ltd and HiSteel Co. Ltd.,'' 
dated December 3, 2021; DOSCO's Letter, ``Administrative Review of 
the Antidumping Order on Heavy Walled Rectangular Carbon Steel Pipe 
and Tube from Korea--Rebuttal Brief of Dong-A-Steel Co., Ltd and 
SeAH Steel Corporation,'' dated December 3, 2021; HiSteel's Letter, 
``Administrative Review of the Antidumping Order Heavy Walled 
Rectangular Carbon Steel Pipe and Tube from Korea--Rebuttal Brief of 
HiSteel Co. Ltd.,'' dated December 3, 2021. In February 2022, DOSCO 
and HiSteel, and the petitioner filed redacted briefs based on 
Commerce's request to remove untimely new factual information. See 
DOSCO and HiSteel's Letter, ``Administrative Review of the 
Antidumping Order on Heavy Walled Rectangular Carbon Steel Pipe and 
Tube from Korea--Redacted Case Brief of Dong-A-Steel Co., Ltd. and 
HiSteel Co. Ltd.,'' dated February 25, 2022; and Petitioner's 
Letter, ``Heavy Walled Rectangular Welded Carbon Steel Pipes and 
Tubes from South Korea: Nucor Tubular's Rebuttal Brief 
Resubmission,'' dated February 24, 2022.
    \5\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2019-2020 Administrative Review of the 
Antidumping Duty Order on Heavy Walled Rectangular Welded Carbon 
Steel Pipes and Tubes from the Republic of Korea,'' dated 
concurrently with, and hereby adopted by, these results (Issues and 
Decision Memorandum).
    \6\ See Memorandum, ``Heavy Walled Rectangular Welded Carbon 
Steel Pipes and Tubes from the Republic of Korea: Extension of 
Deadline for Final Results of the 2019-2020 Antidumping Duty 
Administrative Review,'' dated January 14, 2022.
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    Commerce conducted this administrative review in accordance with 
section 751 of the Tariff Act of 1930, as amended (the Act).

Scope of the Order <SUP>7</SUP>
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    \7\ See Heavy Walled Rectangular Welded Carbon Steel Pipes and 
Tubes from the Republic of Korea, Mexico, and the Republic of 
Turkey: Antidumping Duty Orders, 81 FR 62865 (September 13, 2016) 
(Order).
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    The products covered by the Order are certain heavy walled 
rectangular welded steel pipes and tubes from the Republic of Korea 
(Korea). Products subject to the order are currently classified under 
the Harmonized Tariff Schedule of the United States (HTSUS) item number 
7306.61.1000. Subject merchandise may also be classified under 
7306.61.3000. Although the HTSUS numbers and ASTM specification are 
provided for convenience and for customs purposes, the written product 
description remains dispositive.\8\
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    \8\ For a full description of the scope of the Order, see Issues 
and Decision Memorandum.

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[[Page 20391]]

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs are listed in the 
appendix to this notice and addressed in the Issues and Decision 
Memorandum. 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 a review of the record and comments received from 
interested parties regarding our Preliminary Results, we made certain 
changes to the preliminary weighted-average margin calculations for 
DOSCO and HiSteel. For a discussion of these changes, see the ``Margin 
Calculations'' section of the Issues and Decision Memorandum.\9\
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    \9\ See Issues and Decision Memorandum.
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Final Results of the Review

    We assigned the following weighted-average dumping margins to the 
firms listed below for the period September 1, 2019, through August 31, 
2020:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
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Dong-A Steel Co., Ltd \10\..................................        1.61
HiSteel Co., Ltd............................................       10.24
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    We intend to disclose the calculations performed within five days 
of the date of publication of this notice to parties in this 
proceeding, in accordance with 19 CFR 351.224(b).
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    \10\ In the prior administrative review, Commerce collapsed 
Dong-A Steel Co., Ltd., with its affiliated producer SeAH Steel 
Corporation, and we continue to treat these companies as a single 
entity, in accordance with 19 CFR 351.401(f). See Heavy Walled 
Rectangular Welded Carbon Steel Pipes and Tubes from the Republic of 
Korea: Final Results of Antidumping Duty Administrative Review; 
2018-2019, 86 FR 35060, 35061 (July 1, 2021).
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Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(1), Commerce has determined, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries of subject merchandise in accordance with the final results of 
this review. Pursuant to 19 CFR 351.212(b)(1), where the respondent did 
not report entered value, we calculated the entered value in order to 
calculate the assessment rate. Where 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. In accordance with Commerce's practice, for 
entries of subject merchandise during the POR for which the reviewed 
companies did not know that the merchandise was destined for the United 
States, we will instruct CBP to liquidate such entries at the all-
others rate if there is no company-specific rate for the intermediate 
company(ies) involved in the transaction.\11\
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    \11\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    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.\12\ 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).
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    \12\ See section 751(a)(2)(C) of the Act.
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Cash Deposit Requirements

    The following cash 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 each specific 
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 companies not participating in this review, the cash 
deposit will continue to be the company-specific rate published for the 
most recently completed segment of this proceeding; (3) if the exporter 
is not a firm covered in this review, or the original 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 3.24 
percent, the all-others rate established in the LTFV investigation.\13\ 
These deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \13\ See Order.
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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 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 Regarding Administrative Protective Order

    This notice 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 notification of return/destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and the terms of an APO is a sanctionable 
violation.

Notification to Interested Parties

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

    Dated: April 1, 2022.
Lisa W. Wang,
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. Margin Calculations
V. Discussion of Issues
    General Issues
    Comment 1: Existence of a Particular Market Situation (PMS)
    Comment 2: Differential Pricing
    DOSCO-Specific Issues

[[Page 20392]]

    Comment 3: Valuation of SeAH Steel Corporation (SeAH Steel)'s 
Hot Rolled Coil (HRC) Purchases
    Comment 4: Calculation of DOSCO's General and Administrative 
(G&A) Expenses
    Comment 5: Calculation of DOSCO's Scrap Offset Adjustment
    Comment 6: SeAH Steel's Headquarters Inventory Valuation Losses
    Comment 7: Error in Calculating Value of Services DOSCO Obtained 
from SeAH Steel Holdings Corporation (SSHC)
    Comment 8: Treatment of Unrecovered Expenses of DOSCO's 
Corporate Parent
    Comment 9: Treatment of Unrecovered Expenses of SeAH Holdings 
Corporation (SHC) and Other Affiliates
    Comment 10: Allocation of Expenses between G&A and Indirect 
Selling Expenses (ISE)
    Comment 11: Treatment of Miscellaneous Income in Calculation of 
DOSCO's G&A Expense Ratio
    Comment 12: Adjustments to SeAH Steel's Costs Due to 
Reconciliation Discrepancy
    Comment 13: Adjustments to the Calculation of the Consolidated 
Financial Expense Ratio
    Comment 14: Adjustments to DOSCO's and SeAH Steel's Reported 
Scrap Offsets
    Comment 15: Adjustments to DOSCO's G&A Expense Calculation
    Comment 16: Calculation of DOSCO's Consolidated Financial 
Expense Ratio
    Comment 17: Treatment of Reworked Merchandise in Regard to SeAH 
Steel's Reported Costs
    HiSteel-Specific Issues
    Comment 18: Allocation of Common Expenses for HiSteel
    Comment 19: Financial Expense Ratio
    Comment 20: Transactions-Disregarded Rule
    Comment 21: Adjustment to HiSteel's Reported Scrap Offset
    Comment 22: HiSteel's G&A Expense Ratio
VI. Recommendation

[FR Doc. 2022-07445 Filed 4-6-22; 8:45 am]
BILLING CODE 3510-DS-P