80 FR 76267 - Circular Welded Non-Alloy Steel Pipe From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2013-2014
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 235 (December 8, 2015)
International Trade Administration
Federal Register Volume 80, Issue 235 (December 8, 2015)
| Page Range | 76267-76269 | |
| FR Document | 2015-30793 |
[Federal Register Volume 80, Number 235 (Tuesday, December 8, 2015)] [Notices] [Pages 76267-76269] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-30793] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-580-809] Circular Welded Non-Alloy Steel Pipe From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2013- 2014 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, 2013, through October 31, 2014. This review covers three producers or exporters of the subject merchandise: Husteel Co., Ltd. (Husteel), Hyundai HYSCO (HYSCO), and SeAH Steel Corporation (SeAH). We preliminarily find that Husteel and HYSCO have made sales of the subject merchandise at prices below normal value. We also preliminarily find that SeAH did not make sales of subject merchandise at prices below normal value. Interested parties are invited to comment on these preliminary results. --------------------------------------------------------------------------- \1\ See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 78 FR 79392 (December 30, 2013). --------------------------------------------------------------------------- DATES: Effective date: December 8, 2015. FOR FURTHER INFORMATION CONTACT: Jennifer Meek, Lana Nigro, 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, (202) 482-1779 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 product description remains dispositive.\2\ --------------------------------------------------------------------------- \2\ For a full description of the scope of the order, see the Memorandum from Christian Marsh, 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: 2013-2014'' (Preliminary Decision Memorandum), dated concurrently with these results and hereby adopted by this notice. --------------------------------------------------------------------------- Methodology The Department is conducting 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. A list of topics discussed in the Preliminary Decision Memorandum is provided as Appendix I to this Notice. 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, and is available to all parties in the Central Records Unit, room B8024 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. 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, 2013, through October 31, 2014. ------------------------------------------------------------------------ Weighted- average Producer or exporter dumping margin (percent) ------------------------------------------------------------------------ Husteel Co., Ltd........................................... 1.42 SeAH Steel Corporation..................................... 0.00 Hyundai HYSCO.............................................. 3.69 ------------------------------------------------------------------------ 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.\3\ [[Page 76268]] Interested parties may submit case briefs no later than 30 days after the date of publication of the preliminary results.\4\ 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.\5\ 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.\6\ All case and rebuttal briefs must be filed electronically using ACCESS, and must also be served on interested parties.\7\ 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 Time on the date that the document is due. Executive summaries should be limited to five pages total, including footnotes. --------------------------------------------------------------------------- \3\ See 19 CFR 351.224(b). \4\ See 19 CFR 351.309(c)(1)(ii). \5\ See 19 CFR 351.309(d)(1). \6\ See 19 CFR 351.309(c)(2) and (d)(2). \7\ See 19 CFR 351.303(f). --------------------------------------------------------------------------- Interested parties who wish to request a hearing, 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.\8\ 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. --------------------------------------------------------------------------- \8\ See 19 CFR 351.310(c). --------------------------------------------------------------------------- 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, HYSCO, and SeAH, 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. Husteel, HYSCO, and SeAH 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's, HYSCO's, and SeAH'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,\9\ 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. --------------------------------------------------------------------------- \9\ 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). --------------------------------------------------------------------------- The Department's ``automatic assessment'' practice will apply to entries of subject merchandise during the POR produced by Husteel, HYSCO, and SeAH for which they did not know their merchandise 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. For a full discussion of this practice, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). For Husteel, HYSCO, and SeAH, we intend to issue instructions to CBP 15 days after publication of the final results of this review. 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 Husteel, HYSCO, and SeAH 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.\10\ These cash deposit requirements, when imposed, shall remain in effect until further notice. --------------------------------------------------------------------------- \10\ 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). --------------------------------------------------------------------------- Notification to Importers This notice serves as a preliminary 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: December 1, 2015. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. Appendix I List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of Order IV. Discussion of The Methodology 1. Determination of Comparison Method 2. Results of the Differential Pricing Analysis V. Date of Sale VI. Product Comparisons VII. Export Price and Constructed Export Price VIII. Normal Value A. Comparison Market Viability B. Affiliated Party Transactions and Arm's Length Test [[Page 76269]] C. Level of Trade (LOT)/CEP Offset D. Cost of Production Analysis 1. Calculation of Cost of Production (COP) 2. Test of Comparison Market Sales Prices 3. Results of the COP Test E. Calculation of Normal Value Based on Comparison Market Prices F. Constructed Value IX. Currency Conversion X. Recommendation [FR Doc. 2015-30793 Filed 12-7-15; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 80, No. 235 / Tuesday, December 8, 2015 / Notices 76267
Memorandum. The issues discussed in DEPARTMENT OF COMMERCE Methodology
the Decision Memorandum include the The Department is conducting this
likelihood of continuation or recurrence International Trade Administration review in accordance with section
of dumping and the magnitude of the [A–580–809] 751(a)(2) of the Tariff Act of 1930, as
margins likely to prevail if the Orders amended (the Act). Constructed export
were to be revoked. Circular Welded Non-Alloy Steel Pipe price is calculated in accordance with
From the Republic of Korea: section 772 of the Act. Normal value is
Final Results of Sunset Reviews Preliminary Results of Antidumping calculated in accordance with section
Pursuant to section 752(c)(3) of the Duty Administrative Review; 2013– 773 of the Act.
Act, the Department determines that 2014 For a full description of the
revocation of the Orders would likely methodology underlying our
AGENCY: Enforcement and Compliance,
lead to continuation or recurrence of conclusions, see the Preliminary
International Trade Administration,
dumping at weighted-average dumping Decision Memorandum. A list of topics
Department of Commerce.
margins up to 247.65 percent for the discussed in the Preliminary Decision
SUMMARY: The Department of Commerce Memorandum is provided as Appendix
PRC and up to 4.37 percent for Taiwan. (the Department) is conducting an I to this Notice. The Preliminary
Notification Regarding Administrative administrative review of the Decision Memorandum is a public
Protective Orders antidumping duty order on circular document and is on file electronically
welded non-alloy steel pipe (CWP) from via Enforcement and Compliance’s
This notice also serves as the only the Republic of Korea (Korea).1 The Antidumping and Countervailing Duty
reminder to parties subject to period of review (POR) is November 1, Centralized Electronic Service System
administrative protective order (‘‘APO’’) 2013, through October 31, 2014. This (ACCESS). ACCESS is available to
of their responsibility concerning the review covers three producers or registered users at http://
return or destruction of proprietary exporters of the subject merchandise: access.trade.gov, and is available to all
information disclosed under APO in Husteel Co., Ltd. (Husteel), Hyundai parties in the Central Records Unit,
accordance with 19 CFR 351.305. HYSCO (HYSCO), and SeAH Steel room B8024 of the main Department of
Timely notification of the return or Corporation (SeAH). We preliminarily Commerce building. In addition, a
find that Husteel and HYSCO have complete version of the Preliminary
destruction of APO materials or
made sales of the subject merchandise at Decision Memorandum can be accessed
conversion to judicial protective order is
prices below normal value. We also directly at http://trade.gov/enforcement.
hereby requested. Failure to comply preliminarily find that SeAH did not
with the regulations and terms of an The signed Preliminary Decision
make sales of subject merchandise at Memorandum and the electronic
APO is a violation which is subject to prices below normal value. Interested
sanction. versions of the Preliminary Decision
parties are invited to comment on these Memorandum are identical in content.
We are issuing and publishing these preliminary results.
results and notice in accordance with DATES: Effective date: December 8, 2015. Preliminary Results of the Review
sections 751(c), 752(c), and 777(i)(1) of FOR FURTHER INFORMATION CONTACT: As a result of this review, we
the Act and 19 CFR 351.218. Jennifer Meek, Lana Nigro, or Joseph preliminarily determine that the
Dated: December 1, 2015._ Shuler, AD/CVD Operations, Office I, following weighted-average dumping
Enforcement and Compliance, margins exist for the respondents for the
Christian Marsh,
International Trade Administration, period November 1, 2013, through
Deputy Assistant Secretary for Antidumping October 31, 2014.
and Countervailing Duty Operations.
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Appendix—List of Topics Discussed in Washington, DC 20230; telephone (202) Weighted-
average
the Issues and Decision Memorandum 482–2778, (202) 482–1779 or (202) 482– Producer or exporter dumping
1293, respectively. margin
I. Summary (percent)
II. Background Scope of the Order
III. Scope of the Orders Husteel Co., Ltd ........................ 1.42
The merchandise subject to the order
IV. History of the Orders SeAH Steel Corporation ........... 0.00
is circular welded non-alloy steel pipe
V. Legal Framework Hyundai HYSCO ....................... 3.69
and tube. The product is currently
VI. Discussion of the Issues
classifiable under the following
1. Likelihood of Continuation or
Harmonized Tariff Schedule of the Disclosure and Public Comment
Recurrence of Dumping
United States (HTSUS) numbers: The Department intends to disclose to
2. Magnitude of the Margins Likely to
7306.30.1000, 7306.30.5025, interested parties the calculations
Prevail
7306.30.5032, 7306.30.5040, performed in connection with these
VII. Final Results of Sunset Reviews
7306.30.5055, 7306.30.5085, and preliminary results within five days of
VIII. Recommendation
7306.30.5090. Although the HTSUS the date of publication of this notice.3
[FR Doc. 2015–30898 Filed 12–7–15; 8:45 am]
numbers are provided for convenience
BILLING CODE 3510–DS–P and customs purposes, the written Assistant Secretary for Antidumping and
product description remains Countervailing Duty Operations, to Ronald K.
Lorentzen, Acting Assistant Secretary for
Lhorne on DSK9F6TC42PROD with NOTICES
dispositive.2 Enforcement and Compliance, ‘‘Decision
Memorandum for the Preliminary Results of
1 See Initiation of Antidumping and Antidumping Duty Administrative Review: Circular
Countervailing Duty Administrative Reviews and Welded Non-Alloy Steel Pipe from the Republic of
Request for Revocation in Part, 78 FR 79392 Korea: 2013–2014’’ (Preliminary Decision
(December 30, 2013). Memorandum), dated concurrently with these
2 For a full description of the scope of the order, results and hereby adopted by this notice.
see the Memorandum from Christian Marsh, Deputy 3 See 19 CFR 351.224(b).
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![Federal Register / Vol. 80, No. 235 / Tuesday, December 8, 2015 / Notices 76269
C. Level of Trade (LOT)/CEP Offset producers on whose behalf the petitions its administrative review of the
D. Cost of Production Analysis in these cases were filed (hereafter, the antidumping duty order on
1. Calculation of Cost of Production (COP) petitioners) made timely requests, silicomanganese from India for the
2. Test of Comparison Market Sales Prices pursuant to section 733(c)(1)(A) of the period of review (POR) May 1, 2014
3. Results of the COP Test
E. Calculation of Normal Value Based on
Tariff Act of 1930, as amended (the Act), through April 30, 2015.
Comparison Market Prices and 19 CFR 351.205(e), for a 50-day DATES: Effective Date: December 8, 2015.
F. Constructed Value postponement of the preliminary FOR FURTHER INFORMATION CONTACT:
IX. Currency Conversion determinations in the investigations.2 David Lindgren, Office VII,
X. Recommendation The petitioners stated that a Antidumping and Countervailing Duty
[FR Doc. 2015–30793 Filed 12–7–15; 8:45 am] postponement of the preliminary Operations, Enforcement and
BILLING CODE 3510–DS–P
determinations in all three HWR pipes Compliance, International Trade
and tubes investigations is necessary to Administration, U.S. Department of
provide the Department with sufficient Commerce, 14th Street and Constitution
DEPARTMENT OF COMMERCE time to reach reasoned preliminary Avenue NW., Washington, DC 20230;
determinations. telephone: (202) 482–3870.
International Trade Administration Under section 733(c)(1)(A) of the Act,
if a petitioner makes a timely request for Background
[A–580–880, A–201–847, A–489–824]
an extension of the period within which SUPPLEMENTARY INFORMATION: On May 1,
Heavy Walled Rectangular Welded the preliminary determination must be 2015, the Department published a notice
Carbon Steel Pipes and Tubes From made under subsection (b)(1), then the of opportunity to request an
the Republic of Korea, Mexico, and the Department may postpone making the administrative review of the
Republic of Turkey: Postponement of preliminary determination under antidumping duty order on
Preliminary Determinations of subsection (b)(1) until not later than the silicomanganese from India for the
Antidumping Duty Investigations 190th day after the date on which the POR.1 Petitioners,2 in accordance with
administering authority initiated the section 751(a) of the Tariff Act of 1930,
AGENCY: Enforcement and Compliance, investigation. Therefore, for the reasons
International Trade Administration, as amended (the Act), and 19 CFR
stated above, and because there are no 351.213(b), filed a request for an
Department of Commerce. compelling reasons to deny the antidumping duty administrative review
FOR FURTHER INFORMATION CONTACT: petitioners’ requests, the Department is of two companies: Nava Bharat Ventures
Elizabeth Eastwood at (202) 482–3874 postponing the preliminary Limited (Nava) and Universal Ferro and
(the Republic of Korea (Korea)), David determinations in these investigations Allied Chemicals, Ltd. (Universal).3
Crespo at (202) 482–3693 (Mexico), or until Februrary 16, 2016, which is 190 Subsequently, on July 1, 2015, the
Rebecca Trainor at (202) 482–4007 (the days from the date on which the Department published a notice of
Republic of Turkey (Turkey)); AD/CVD Department initiated these initiation of administrative review with
Operations, Enforcement and investigations. respect to Nava and Universal.4 Nava
Compliance, International Trade The deadline for the final
filed a letter on July 8, 2015, with the
Administration, U.S. Department of determinations will continue to be 75
Department stating that it had no
Commerce, 14th Street and Constitution days after the date of the preliminary
shipments during the POR.5
Avenue NW., Washington DC 20230. determinations, unless extended.
This notice is issued and published Accordingly, the Department sent a no
SUPPLEMENTARY INFORMATION: shipment inquiry to U.S. Customs and
pursuant to section 733(c)(2) of the Act
Postponement of Preliminary and 19 CFR 351.205(f)(1). Border Protection (CBP) on July 15,
Determinations 2015, requesting a response within 10
Dated: December 2, 2015. days if there was any information
On August 10, 2015, the Department Christian Marsh, indicating that Nava had shipments
of Commerce (the Department) initiated Deputy Assistant Secretary for Antidumping during the POR. The Department did
antidumping duty investigations of and Countervailing Duty Operations. not receive any notification from CBP
imports of heavy walled rectangular [FR Doc. 2015–30897 Filed 12–7–15; 8:45 am] that Nava had shipments during the
carbon steel pipes and tubes (HWR BILLING CODE 3510–DS–P POR. On August 25, 2015, Petitioners
pipes and tubes) from Korea, Mexico, withdrew their request for an
and Turkey.1 The notice of initiation antidumping duty administrative review
stated that we would issue our DEPARTMENT OF COMMERCE of Nava.6
preliminary determinations no later
than 140 days after the date of initiation. International Trade Administration 1 See Antidumping or Countervailing Duty Order,
Currently, the preliminary [A–533–823] Finding, or Suspended Investigation; Opportunity
determinations in these investigations To Request Administrative Review, 80 FR 24898
(May 1, 2015).
are due on December 28, 2015. Silicomanganese from India: Partial 2 Eramet Marietta, Inc. and Felman Production,
On November 30, 2015, Atlas Tube, a Rescission of Antidumping Duty LLC.
division of JMC Steel Group; Bull Moose Administrative Review; 2014–2015 3 See Letter from Petitioners, ‘‘Silicomanganese
Tube Company; EXLTUBE; Hannibal from India: Request for Administrative Review of
Industries, Inc.; Independence Tube AGENCY: Enforcement and Compliance, Antidumping Order,’’ dated June 1, 2015.
Corporation; Maruichi American International Trade Administration, 4 See Initiation of Antidumping and
Department of Commerce. Countervailing Duty Administrative Reviews, 80 FR
Lhorne on DSK9F6TC42PROD with NOTICES
Corporation; Searing Industries; 37588 (July, 1, 2015).
Southland Tube; and Vest, Inc., U.S. ACTION: Notice. 5 See Letters from Nava, ‘‘Silicomanganese from
India; Nava Bharat no shipments letter,’’ dated July
1 See Heavy Walled Rectangular Welded Carbon
SUMMARY: The Department of Commerce 8, 2015 and July 9, 2015.
Steel Pipes and Tubes from the Republic of Korea, (the Department) is partially rescinding 6 See Letter from Petitioners, ‘‘Silicomanganese
Mexico, and the Republic of Turkey: Inititaion of from India: Withdrawal of Request for
Less-Than-Fair Value Investigations, 80 FR 49202 2 See the petitioners’ letters to the Department Administrative Review of Antidumping Order,’’
(August 17, 2015). dated November 30, 2015. dated August 25, 2015.
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Document Created: 2015-12-14 13:27:04
Document Modified: 2015-12-14 13:27:04
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Contact | Jennifer Meek, Lana Nigro, 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, (202) 482-1779 or (202) 482-1293, respectively. | |
| FR Citation | 80 FR 76267 |
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