[Federal Register Volume 79, Number 234 (Friday, December 5, 2014)]
[Notices]
[Pages 72168-72170]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-28580]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-809]


Circular Welded Non-Alloy Steel Pipe From the Republic of Korea: 
Preliminary Results and Partial Rescission of Antidumping Duty 
Administrative Review; 2012-2013

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

SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the antidumping duty order on circular welded 
non-alloy steel pipe (CWP) from the Republic of Korea (Korea).\1\ The 
period of review (POR) is November 1, 2012, through October 31, 2013. 
This review covers eight producers or exporters of the subject 
merchandise, Husteel Co., Ltd. (Husteel), Hyundai HYSCO (HYSCO), Dongbu 
Steel Co., Ltd., SeAH Steel Corporation, A-JU Besteel Co., Ltd., 
Kumkang Industrial Co., Ltd., Nexteel Co., Ltd., and Union Steel Co., 
Ltd. We preliminarily find that Husteel and HYSCO have made sales of 
the subject merchandise at prices below normal value. We are rescinding 
this review for the remaining six producers or exporters. Interested 
parties are invited to comment on these preliminary results.
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Request for Revocation in Part, 78 FR 
79392 (December 30, 2013).

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DATES: Effective Date: December 5, 2014.

FOR FURTHER INFORMATION CONTACT: Jennifer Meek or Joseph Shuler, AD/CVD 
Operations, Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington DC 20230; telephone (202) 482-2778 
or (202) 482-1293, respectively.

Scope of the Order

    The merchandise subject to the order is circular welded non-alloy 
steel pipe and tube. The product is currently classifiable under the 
following Harmonized Tariff Schedule of the United States (HTSUS) 
numbers: 7306.30.1000, 7306.30.5025, 7306.30.5032, 7306.30.5040, 
7306.30.5055, 7306.30.5085, and 7306.30.5090. Although the HTSUS 
numbers are provided for convenience and customs purposes, the written

[[Page 72169]]

product description remains dispositive.\2\
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    \2\ For a full description of the scope of the order, see the 
Memorandum from Gary Taverman, Associate Deputy Assistant Secretary 
for Antidumping and Countervailing Duty Operations, to Ronald K. 
Lorentzen, Acting Assistant Secretary for Enforcement and 
Compliance, ``Decision Memorandum for the Preliminary Results of 
Antidumping Duty Administrative Review: Circular Welded Non-Alloy 
Steel Pipe from the Republic of Korea: 2012-2013'' (Preliminary 
Decision Memorandum), dated concurrently with these results and 
hereby adopted by this notice.
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Partial Rescission of Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), we are rescinding this 
administrative review with respect to the following parties because the 
review requests were timely withdrawn: Dongbu Steel Co., Ltd., SeAH 
Steel Corporation, A-JU Besteel Co., Ltd., Kumkang Industrial Co., 
Ltd., Nexteel Co., Ltd., and Union Steel Co., Ltd.\3\
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    \3\ See Letter from Wheatland Tube Company (Wheatland) to the 
Department, ``Circular Welded Non-Alloy Steel Pipe from Republic of 
Korea/Partial Withdrawal of Request for Administrative Review,'' 
dated March 31, 2014 and Letter from United States Steel Corporation 
(U.S. Steel) to the Department, ``Circular Welded Non-Alloy Steel 
Pipe from Korea,'' dated March 31, 2014.
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Methodology

    The Department has conducted this review in accordance with section 
751(a)(2) 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.
    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).\4\ ACCESS is available 
to registered users at http://access.trade.gov, and is available to all 
parties in the Central Records Unit, Room 7046 of the main Department 
of Commerce building. In addition, a complete version of the 
Preliminary Decision Memorandum can be accessed directly at http://trade.gov/enforcement. The signed Preliminary Decision Memorandum and 
the electronic versions of the Preliminary Decision Memorandum are 
identical in content.
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    \4\ On November 24, 2014, Enforcement and Compliance changed the 
name of Enforcement and Compliance's AD and CVD Centralized 
Electronic Service System (IA ACCESS) to AD and CVD Centralized 
Electronic Service System (ACCESS). The Web site location was 
changed from http://iaaccess.trade.gov to http://access.trade.gov. 
The Final Rule changing the references to the Regulations can be 
found at 79 FR 69046 (November 20, 2014).
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Preliminary Results of the Review

    As a result of this review, we preliminarily determine that the 
following weighted-average dumping margins exist for the respondents 
for the period November 1, 2012, through October 31, 2013.

------------------------------------------------------------------------
                                                       Weighted-average
                Producer or exporter                    dumping margin
                                                           (percent)
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Husteel Co., Ltd....................................                1.15
Hyundai HYSCO.......................................                2.02
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Disclosure and Public Comment

    The Department intends to disclose to interested parties the 
calculations performed in connection with these preliminary results 
within five days of the date of publication of this notice.\5\ 
Interested parties may submit case briefs no later than 30 days after 
the date of publication of the preliminary results.\6\ Rebuttal briefs, 
limited to the issues raised in the case briefs, may be filed no later 
than five days after the submission of case briefs.\7\ 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.\8\ All case 
and rebuttal briefs must be filed electronically using ACCESS, and must 
also be served on interested parties.\9\ An electronically filed 
document must be received successfully in its entirety by the 
Department's electronic records system, ACCESS, by 5:00 p.m. Eastern 
Standard Time on the date that the document is due. Executive summaries 
should be limited to five pages total, including footnotes.
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    \5\ See 19 CFR 351.224(b).
    \6\ See 19 CFR 351.309(c)(1)(ii).
    \7\ See 19 CFR 351.309(d)(1).
    \8\ See 19 CFR 351.309(c)(2) and (d)(2).
    \9\ See 19 CFR 351.303(f).
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    Interested parties who wish to request a hearing, or to participate 
if one is requested, must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, U.S. Department of Commerce, 
using Enforcement and Compliance's ACCESS system within 30 days of 
publication of this notice.\10\ Hearing requests should contain the 
party's name, address, and telephone number, the number of 
participants, and a list of the issues to be discussed. If a request 
for a hearing is made, we will inform parties of the scheduled date for 
the hearing which will be held at the U.S. Department of Commerce, 14th 
Street and Constitution Avenue NW., Washington, DC 20230, at a time and 
location to be determined. Parties should confirm by telephone the 
date, time, and location of the hearing.
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    \10\ See 19 CFR 351.310(c).
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    Unless the deadline is extended pursuant to section 
751(a)(2)(B)(iv) of the Act and 19 CFR 351.213(h)(2), the Department 
intends to issue the final results of this administrative review, 
including the results of our analysis of the issues raised by the 
parties in their case and rebuttal briefs, within 120 days after the 
publication of these preliminary results, pursuant to section 
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).

Assessment Rates

    For Husteel and HYSCO, upon issuance of the final results, the 
Department shall determine, and U.S. Customs and Border Protection 
(CBP) shall assess, antidumping duties on all appropriate entries 
covered by this review. Both Husteel and HYSCO reported the name of the 
importer of record and the entered value for all of their sales to the 
United States during the POR. If Husteel and HYSCO's weighted-average 
dumping margins are not zero or de minimis (i.e., less than 0.50 
percent) in the final results of this review, we will calculate 
importer-specific assessment rates on the basis of the ratio of the 
total amount of dumping calculated for each importer's examined sales 
and the total entered value of those sales in accordance with 19 CFR 
351.212(b)(1).
    We will instruct CBP to assess antidumping duties on all 
appropriate entries covered by this review when the importer-specific 
assessment rate calculated in the final results of this review is not 
zero or de minimis. Where either the respondent's weighted-average 
dumping margin is zero or de minimis,\11\ or an importer-specific 
assessment rate is zero or de minimis, we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties.
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    \11\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Duty Proceedings; Final Modification, 77 FR 8101, 8102 (February 14, 
2012).
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    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. This clarification will apply to entries of subject 
merchandise during the POR produced by Husteel and HYSCO for which they 
did not know its merchandise was destined for the United States. In 
such instances, we will instruct CBP to liquidate unreviewed entries at 
the all-others rate

[[Page 72170]]

if there is no rate for the intermediate company(ies) involved in the 
transaction. For a full discussion of this clarification, see 
Antidumping and Countervailing Duty Proceedings: Assessment of 
Antidumping Duties, 68 FR 23954 (May 6, 2003).
    For Husteel and HYSCO, we intend to issue instructions to CBP 15 
days after publication of the final results of this review.
    For the companies for which the review has been rescinded, 
antidumping duties shall be assessed at rates equal to the rates for 
the cash deposit 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). The Department intends to issue 
appropriate assessment instructions to CBP 15 days after the date of 
publication of this notice.

Cash Deposit Requirements

    The following cash deposit requirements for estimated antidumping 
duties will be effective upon publication of the notice of final 
results of administrative review for all shipments of CWP from Korea 
entered, or withdrawn from warehouse, for consumption on or after the 
date of publication as provided by section 751(a)(2) of the Act: (1) 
The cash deposit rate for HYSCO and Husteel will be equal to the 
weighted-average dumping margins established in the final results of 
this administrative review; (2) for merchandise exported by producers 
or exporters not covered in this review but covered in a prior 
completed segment of the proceeding, the cash deposit rate will 
continue to be the company-specific rate published for the most recent 
period; (3) if the exporter is not a firm covered in this review, a 
prior review, or the original investigation but the producer has been 
covered in a prior complete segment of this proceeding, the cash 
deposit rate will be the rate established for the most recent period 
for the producer of the merchandise; (4) the cash deposit rate for all 
other producers or exporters will continue to be 4.80 percent, the 
``all others'' rate established in the order.\12\ These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \12\ See Notice of Antidumping Duty Orders: Certain Circular 
Welded Non-Alloy Steel Pipe from Brazil, the Republic of Korea 
(Korea), Mexico, and Venezuela, and Amendment to Final Determination 
of Sales at Less Than Fair Value: Certain Circular Welded Non-Alloy 
Steel Pipe from Korea, 57 FR 49453 (November 2, 1992).
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Notification to Importers

    This notice serves as a preliminary reminder and, with respect to 
companies which we rescind in part 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 the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    The Department is issuing and publishing these results in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: November 28, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of Order
IV. Rescission of Review In Part
V. Discussion of the Methodology
    1. Comparison to Normal Value
    2. Product Comparisons
    3. Treatment of Grade as a Physical Characteristic
    4. Level of Trade/Constructed Export Price Offset
    5. Constructed Export Price
    6. Normal Value
    7. Currency Conversion
VI. Recommendation

[FR Doc. 2014-28580 Filed 12-4-14; 8:45 am]
BILLING CODE 3510-DS-P