81_FR_40026 81 FR 39908 - Circular Welded Non-Alloy Steel Pipe From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2013-2014

81 FR 39908 - Circular Welded Non-Alloy Steel Pipe From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2013-2014

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 118 (June 20, 2016)

Page Range39908-39910
FR Document2016-14425

On December 8, 2015, the Department of Commerce (the Department) published the Preliminary Results of its administrative review of the antidumping duty order on circular welded non-alloy steel pipe (CWP) from the Republic of Korea (Korea) for the period November 1, 2013, through October 31, 2014.\1\ The review covers three producers/exporters of the subject merchandise: Husteel Co., Ltd. (Husteel), Hyundai HYSCO (HYSCO), and SeAH Steel Corporation (SeAH). For these final results, we continue to find that Husteel and HYSCO sold subject merchandise at below normal value. We also determine that SeAH did not make sales of subject merchandise at below normal value. ---------------------------------------------------------------------------

Federal Register, Volume 81 Issue 118 (Monday, June 20, 2016)
[Federal Register Volume 81, Number 118 (Monday, June 20, 2016)]
[Notices]
[Pages 39908-39910]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-14425]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-809]


Circular Welded Non-Alloy Steel Pipe From the Republic of Korea: 
Final Results of Antidumping Duty Administrative Review; 2013-2014

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

SUMMARY: On December 8, 2015, the Department of Commerce (the 
Department) published the Preliminary Results of its administrative 
review of the antidumping duty order on circular welded non-alloy steel 
pipe (CWP) from the Republic of Korea (Korea) for the period November 
1, 2013, through October 31, 2014.\1\ The review covers three 
producers/exporters of the subject merchandise: Husteel Co., Ltd. 
(Husteel), Hyundai HYSCO (HYSCO), and SeAH Steel Corporation (SeAH). 
For these final results, we continue to find that Husteel and HYSCO 
sold subject merchandise at below normal value. We also determine that 
SeAH did not make sales of subject merchandise at below normal value.
---------------------------------------------------------------------------

    \1\ See Circular Welded Non-Alloy Steel Pipe From the Republic 
of Korea: Preliminary Results and Partial Rescission of Antidumping 
Duty Administrative Review; 2013-2014, 80 FR 76267 (December 8, 
2015) (Preliminary Results) and accompanying Preliminary Decision 
Memorandum.

---------------------------------------------------------------------------
DATES: Effective Date: June 20, 2016.

FOR FURTHER INFORMATION CONTACT: Joseph Shuler, Jennifer Meek, or Lana 
Nigro, 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) 482-1293, (202) 482-2778, or (202) 482-1779, respectively.

Background

    Following the Preliminary Results, the Department sent a 
supplemental questionnaire to SeAH and received a timely response.\2\
---------------------------------------------------------------------------

    \2\ See Letter to SeAH, ``Antidumping Duty Administrative Review 
of Circular Welding Non-Alloy Steel Pipe from the Republic of Korea: 
Supplemental Questionnaire,'' (December 18, 2015); see also Letter 
from SeAH, ``Administrative Review of the Antidumping Order on 
Circular Welded Non-Alloy Steel Pipe from Korea for the 2013-2014 
Review Period--Response to December 18 Supplemental Questionnaire,'' 
(December 28, 2015).
---------------------------------------------------------------------------

    On January 4 and January 20, 2016, the Department extended the 
briefing schedule.\3\ On April 5, 2016, the

[[Page 39909]]

Department issued a memorandum extending the time period for issuing 
the final results of this administrative review by 60 days, from April 
12, 2016 to June 10, 2016, as permitted by section 751(a)(3)(A) of the 
Tariff Act of 1930, as amended (the Act) and 19 CFR 351.213(h)(2).\4\
---------------------------------------------------------------------------

    \3\ See Memorandum to the File, ``Extension of the Briefing 
Schedule,'' (January 4, 2016) and Memorandum to all interested 
parties, ``Second Extension of the Briefing Schedule,'' (January 20, 
2016); we also extended the deadline to submit rebuttal briefs. See 
memorandum to all interested parties, ``Extension of the Deadline to 
submit Rebuttal Briefs,'' (February 5, 2016).
    \4\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations 
entitled ``Circular Welded Non-Alloy Steel Pipe from the Republic of 
Korea: Extension of Time Limit for Final Results of Antidumping Duty 
Administrative Review,'' (April 5, 2016).
---------------------------------------------------------------------------

    On January 7, 2016, Husteel and HYSCO both requested a hearing. 
These requests were subsequently withdrawn.\5\ On February 3, 2016, we 
received case briefs from JMC Steel Group (JMC) and Allied Tube and 
Conduit (Allied) (the petitioners), Husteel, HYSCO, and SeAH.\6\ On 
February 12, 2015, we received rebuttal briefs from the petitioners, 
SeAH, and HYSCO.\7\
---------------------------------------------------------------------------

    \5\ See Letter from Hyundai Steel Company, ``Administrative 
Review of Circular Welded Non-Alloy Steel Pipe from the Republic of 
Korea: Request for Public Hearing,'' (January 7, 2016); see also 
Letter from Husteel, ``Certain Circular Welded Non-Alloy Steel Pipe 
from the Republic of Korea, Case No. A-580-809: Request for 
Hearing,'' (January 7, 2016); and the withdrawal requests, see See 
Letter from Hyundai Steel Company, ``Administrative Review of 
Circular Welded Non-Alloy Steel Pipe from the Republic of Korea: 
Withdrawal of Request for Hearing,'' (February 22, 2016); see also 
Letter from Husteel, ``Certain Circular Welded Non-Alloy Steel Pipe 
from the Republic of Korea, 11/1/2014-10/31/2014 Administrative 
Review, Case No. A-580-809: Withdrawal of Request for Hearing,'' 
(February 19, 2016).
    \6\ See Case Brief of the Petitioners, ``Circular Welded Non-
Alloy Steel Pipe From the Republic of Korea: Case Brief,'' (February 
3, 2016); see also Case Brief of Husteel, ``Certain Circular Welded 
Non-Alloy Steel Pipe from the Republic of Korea, Case No. A-580-809: 
Case Brief,'' (February 3, 2016); Case Brief of HYSCO, ``Certain 
Circular Welded Non-Alloy Steel Pipe from the Republic of Korea: 
Case Brief,'' (February 3, 2016); Case Brief of SeAH, 
``Administrative Review of the Antidumping Order on Circular Welded 
Non-Alloy Steel Pipe from Korea for the 2013-2014 Review Period--
Case Brief,'' (February 3, 2016).
    \7\ See Rebuttal Brief of the petitioners, ``Circular Welded 
Non-Alloy Steel Pipe From the Republic of Korea: Rebuttal Brief,'' 
(February 12, 2016), and see Rebuttal Brief from Hundai HYSCO, 
``Certain Circular Welded Non-Alloy Steel Pipe from the Republic of 
Korea: Rebuttal Brief,'' (February 12, 2016); see also Rebuttal 
Brief from SeAH, ``Administrative Review of the Antidumping Order on 
Circular Welded Non-Alloy Steel Pipe from Korea for the 2013-2014 
Review Period--Rebuttal Brief,'' (February 12, 2016).
---------------------------------------------------------------------------

Scope of the Order

    The merchandise subject to the order is circular welded non-alloy 
steel pipe and tube. The product is currently classified under the 
following Harmonized Tariff Schedule of the United States (HTSUS) 
subheadings: 7306.30.10.00, 7306.30.50.25, 7306.30.50.32, 
7306.30.50.40, 7306.30.50.55, 7306.30.50.85, and 7306.30.50.90. 
Although the HTSUS numbers are provided for convenience and customs 
purposes, the written product description remains dispositive.
    A full description of the scope of the order is contained in the 
memorandum from Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations to Paul Piquado, 
Assistant Secretary for Enforcement and Compliance, ``Decision 
Memorandum for the Final Results of Antidumping Duty Administrative 
Review: Circular Welded Non-Alloy Steel Pipe from the Republic of 
Korea: 2013-2014,'' dated concurrently with this notice (Issues and 
Decision Memorandum), and which is hereby adopted by this notice.

Analysis of Comments Received

    All issues raised in the parties' briefs are addressed in the 
Issues and Decision Memorandum. A list of the issues raised is attached 
to this notice as an Appendix. 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 
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 Issues and Decision Memorandum 
can be accessed directly on the Internet at http://trade.gov/enforcement. The signed Issues and Decision Memorandum and the 
electronic versions of the Issues and Decision Memorandum are identical 
in content.

Changes From the Preliminary Results

    Based on our analysis of the comments received from interested 
parties, we have made certain changes for SeAH since the Preliminary 
Results. For home market sales that SeAH identified as consignment 
sales, in accordance with the Department's practice, we have used the 
date the customer withdrew the merchandise from consignment inventory 
as the appropriate date of sale. For all remaining sales we continue to 
follow our practice as described in the Preliminary Results. 
Additionally, we have recalculated inventory carrying costs for direct 
shipment CEP sales based on the inventory period from factory 
production to shipment to the U.S. customer.\8\
---------------------------------------------------------------------------

    \8\ For a discussion of these changes, see the accompanying 
Issues and Decision Memorandum at Comment 7 and SeAH's Final 
Determination Calculation Memorandum dated concurrently with this 
Federal Register notice.
---------------------------------------------------------------------------

Final Results of the Review

    As a result of this review, we determine that the following 
weighted-average dumping margins exist for the period November 1, 2013 
through October 31, 2014:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/Exporter                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Husteel Co., Ltd............................................        1.42
Hyundai HYSCO...............................................        1.62
SeAH Steel Corporation......................................        0.00
------------------------------------------------------------------------

Disclosure

    We will disclose the calculations used in our analysis to parties 
to these proceedings within five days of the date of publication of 
this notice pursuant to 19 CFR 351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2)(A) and (C) of the Act, and 19 CFR 
351.212(b)(1), the Department 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. The Department intends to issue assessment 
instructions to CBP 15 days after the date of publication of these 
final results of review.
    For assessment purposes, 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 period of review (POR). Accordingly, 
for each respondent, we calculated importer-specific ad valorem 
antidumping duty assessment rates on the basis of the ratio of the 
total amount of dumping calculated for the importer's examined sales 
and the total entered value of those same sales in accordance with 19 
CFR 351.212(b)(1). Where an importer-specific assessment rate is zero 
or de minimis (i.e., less than 0.5 percent), we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties 
in accordance with 19 CFR 351.106(c)(2).
    For entries of subject merchandise during the POR produced by 
Husteel, HYSCO, and SeAH which they did not know were destined for the 
United States, we will instruct CBP to liquidate

[[Page 39910]]

unreviewed entries at the all-others rate if there is no rate for the 
intermediate company or companies 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).

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the notice of final results of administrative review for 
all shipments of subject merchandise entered or withdrawn from 
warehouse, for consumption, on or after the date of publication, as 
provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate 
for Husteel, HYSCO, and SeAH will be equal to the respective weighted-
average dumping margins established in the final results of this 
review; (2) for merchandise exported by manufacturers or exporters not 
covered in this review, but covered in a prior segment of the 
proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recently completed segment of this 
proceeding in which that manufacturer or exporter participated; (3) if 
the exporter is not a firm covered in this review, a prior review, or 
the original investigation but the manufacturer is, the cash deposit 
rate will be the rate established for the most recently completed 
segment of this proceeding for the manufacturer of subject merchandise; 
and (4) the cash deposit rate for all other manufacturers or exporters 
will continue to be 4.80 percent, the ``all others'' rate established 
pursuant to a court decision.\9\ These cash deposit requirements, when 
imposed, shall remain in effect until further notice.
---------------------------------------------------------------------------

    \9\ See Circular Welded Non-Alloy Steel Pipe From Korea: Notice 
of Final Court Decision and Amended Final Determination, 60 FR 55833 
(November 3, 1995).
---------------------------------------------------------------------------

Notification to Importers Regarding the Reimbursement of Duties

    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 the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.

Notification Regarding Administrative Protective Order

    This notice also serves as a 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 the return or 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

    These final results of administrative review are issued and 
published in accordance with sections 751(a)(1) and 777(i)(1) of the 
Act.

    Dated: June 10, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Issues Discussed in the Issues and Decision 
Memorandum

Summary
Background
Changes Since the Preliminary Results
List of Comments
Scope of the Order
Discussion of the Issues
    Comment 1: Whether the Cohen's d Test Measures ``Targeted'' or 
Masked Dumping
    Comment 2: Whether the Ratio Test Is Arbitrary and Whether the 
``Meaningful Difference Requirement'' Was Satisfied
    Comment 3: Whether Consideration of an Alternative Comparison 
Method Is Permitted in Administrative Reviews
    Comment 4: Whether the Mixed Methodology Leads to Zeroing
    Comment 5: The Appropriate Universe of HYSCO's Home Market Sales
    Comment 6: Whether Certain HYSCO Sales Are Outside the Ordinary 
Course of Trade
    Comment 7: SeAH's Reported Credit Expense for Back-to-Back U.S. 
Sales
    Comment 8: Whether To Use SeAH's Reported Nominal Outside 
Diameter
    Comment 9: Husteel's Cost Reallocation
    Comment 10: HYSCO's Cost Reallocation
    Comment 11: SeAH's Cost Reallocation
    Comment 12: Whether To Assign HYSCO's
Cash Deposit Rate to Hyundai Steel Recommendation

[FR Doc. 2016-14425 Filed 6-17-16; 8:45 am]
 BILLING CODE 3510-DS-P



                                                    39908                          Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Notices

                                                    for consumption on or after the                         this notice in accordance with sections                DEPARTMENT OF COMMERCE
                                                    publication date of this notice in the                  751(a)(1) and 777(i) of the Act.
                                                    Federal Register, as provided by section                  Dated: June 13, 2016.
                                                                                                                                                                   International Trade Administration
                                                    751(a)(2)(C) of the Act: (1) For the                                                                           [A–580–809]
                                                                                                            Paul Piquado,
                                                    exporters listed above, the cash deposit
                                                    rate will be the rate listed for each                   Assistant Secretary for Enforcement and
                                                                                                            Compliance.                                            Circular Welded Non-Alloy Steel Pipe
                                                    exporter in the table in the ‘‘Final                                                                           From the Republic of Korea: Final
                                                    Results’’ section of this notice; (2) for               Appendix—Issues and Decision                           Results of Antidumping Duty
                                                    previously investigated PRC and non-                    Memorandum                                             Administrative Review; 2013–2014
                                                    PRC exporters that received a separate
                                                                                                            Summary                                                AGENCY:  Enforcement and Compliance,
                                                    rate in a prior segment of this                         Background
                                                    proceeding, the cash deposit rate will                                                                         International Trade Administration,
                                                                                                            Scope of the Order                                     Department of Commerce.
                                                    continue to be the existing exporter-
                                                    specific rate; (3) for all PRC exporters of             Discussion of the Issues                               SUMMARY: On December 8, 2015, the
                                                    subject merchandise that have not been                  Comment 1: Surrogate Country                           Department of Commerce (the
                                                    found to be entitled to a separate rate,                Comment 2: Conversion of the Market                    Department) published the Preliminary
                                                    the cash deposit rate will be the rate                     Economy Price for Wafers                            Results of its administrative review of
                                                    previously established for the PRC-wide                 Comment 3: Valuation of ‘‘Unclassified                 the antidumping duty order on circular
                                                    entity (i.e., 238.95 percent); 22 and (4) for              Stores’’ of Polysilicon                             welded non-alloy steel pipe (CWP) from
                                                    all non-PRC exporters of subject                        Comment 4: Valuation of Brokerage and                  the Republic of Korea (Korea) for the
                                                                                                               Handling in Doing Business in Thailand              period November 1, 2013, through
                                                    merchandise which have not received
                                                                                                            Comment 5: Whether the Department should
                                                    their own rate, the cash deposit rate will                                                                     October 31, 2014.1 The review covers
                                                                                                               adjust the brokerage and handling SV
                                                    be the rate applicable to the PRC                          used for Trina in the Preliminary Results           three producers/exporters of the subject
                                                    exporter that supplied that non-PRC                     Comment 6: Calculation of Surrogate Labor              merchandise: Husteel Co., Ltd.
                                                    exporter. These deposit requirements,                      Value                                               (Husteel), Hyundai HYSCO (HYSCO),
                                                    when imposed, shall remain in effect                    Comment 7: Surrogate Value for Aluminum                and SeAH Steel Corporation (SeAH).
                                                    until further notice.                                      Angle Keys                                          For these final results, we continue to
                                                                                                            Comment 8: Surrogate Value for Aluminum                find that Husteel and HYSCO sold
                                                    Notification to Importers Regarding the                    Frames                                              subject merchandise at below normal
                                                    Reimbursement of Duties                                 Comment 9: Differential Pricing                        value. We also determine that SeAH did
                                                      This notice also serves as a final                    Comment 10: Valuing Tempered Glass                     not make sales of subject merchandise at
                                                    reminder to importers of their                          Comment 11: Surrogate Value for Junction
                                                                                                                                                                   below normal value.
                                                    responsibility under 19 CFR 351.402(f)                     Boxes
                                                                                                            Comment 12: Financial Statements                       DATES: Effective Date: June 20, 2016.
                                                    to file a certificate regarding the
                                                                                                            Comment 13: Surrogate Value for Semi-                  FOR FURTHER INFORMATION CONTACT:
                                                    reimbursement of antidumping duties                        finished Polysilicon Ingots and Blocks              Joseph Shuler, Jennifer Meek, or Lana
                                                    prior to liquidation of the relevant                    Comment 14: Surrogate Value for Backsheets             Nigro, AD/CVD Operations, Office I,
                                                    entries during this POR. Failure to                     Comment 15: World Cup Sponsorship                      Enforcement and Compliance,
                                                    comply with this requirement could                      Comment 16: Data Source to use to Value                International Trade Administration,
                                                    result in the Department’s presumption                     Polysilicon and Wafers                              U.S. Department of Commerce, 14th
                                                    that reimbursement of antidumping                       Comment 17: Calculation of Scrap for Waste
                                                                                                               Cells and Modules
                                                                                                                                                                   Street and Constitution Avenue NW.,
                                                    duties has occurred and the subsequent
                                                                                                            Comment 18: Whether the Department                     Washington, DC 20230; telephone (202)
                                                    assessment of double antidumping
                                                                                                               applied the correct surrogate value to              482–1293, (202) 482–2778, or (202) 482–
                                                    duties.
                                                                                                               Trina’s silver paste                                1779, respectively.
                                                    Administrative Protective Order                         Comment 19: Whether the Department
                                                                                                                                                                   Background
                                                    (‘‘APO’’)                                                  should apply partial AFA to Trina’s
                                                                                                               unreported factors of production for                  Following the Preliminary Results, the
                                                       This notice also serves as a reminder                   purchased solar cells                               Department sent a supplemental
                                                    to parties subject to APO of their                      Comment 20: Whether the Department                     questionnaire to SeAH and received a
                                                    responsibility concerning the return or                    erroneously valued certain overhead                 timely response.2
                                                    destruction of proprietary information                     items as direct materials                             On January 4 and January 20, 2016,
                                                    disclosed under APO in accordance                       Comment 21: Whether the Department                     the Department extended the briefing
                                                    with 19 CFR 351.305, which continues                       applied the correct surrogate value to              schedule.3 On April 5, 2016, the
                                                    to govern business proprietary                             nitrogen
                                                    information in this segment of the                      Comment 22: Whether the Department                       1 See Circular Welded Non-Alloy Steel Pipe From

                                                    proceeding. Timely written notification                    should not include import data with zero            the Republic of Korea: Preliminary Results and
                                                    of the return or destruction of APO                        quantities in the average unit SV                   Partial Rescission of Antidumping Duty
                                                                                                               calculation                                         Administrative Review; 2013–2014, 80 FR 76267
                                                    materials, or conversion to judicial                    Comment 23: Whether the Department                     (December 8, 2015) (Preliminary Results) and
                                                    protective order, is hereby requested.                     should revise the SV for brokerage and              accompanying Preliminary Decision Memorandum.
                                                    Failure to comply with the regulations                     handling                                              2 See Letter to SeAH, ‘‘Antidumping Duty

                                                    and terms of an APO is a violation                      Comment 24: Whether the Department                     Administrative Review of Circular Welding Non-
                                                                                                                                                                   Alloy Steel Pipe from the Republic of Korea:
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    which is subject to sanction.                              should revise Trina’s credit expenses
                                                                                                                                                                   Supplemental Questionnaire,’’ (December 18, 2015);
                                                       We are issuing these final results of                   and inventory carrying costs                        see also Letter from SeAH, ‘‘Administrative Review
                                                    administrative review and publishing                    Comment 25: Whether the Department                     of the Antidumping Order on Circular Welded Non-
                                                                                                               should revise Trina’s warranty expenses             Alloy Steel Pipe from Korea for the 2013–2014
                                                      22 See Crystalline Silicon Photovoltaic Cells,           when calculating CEP                                Review Period—Response to December 18
                                                    Whether or Not Assembled Into Modules, From the         Comment 26: Whether the Department                     Supplemental Questionnaire,’’ (December 28, 2015).
                                                    People’s Republic of China: Final Results of               should revise Trina’s insurance expenses              3 See Memorandum to the File, ‘‘Extension of the

                                                    Antidumping Duty Administrative Review and                                                                     Briefing Schedule,’’ (January 4, 2016) and
                                                    Final Determination of No Shipments; 2012–2013,         [FR Doc. 2016–14532 Filed 6–17–16; 8:45 am]            Memorandum to all interested parties, ‘‘Second
                                                    80 FR 40998, 41002 (July 14, 2015).                     BILLING CODE 3510–DS–P                                 Extension of the Briefing Schedule,’’ (January 20,



                                               VerDate Sep<11>2014   17:05 Jun 17, 2016   Jkt 238001   PO 00000   Frm 00022   Fmt 4703   Sfmt 4703   E:\FR\FM\20JNN1.SGM   20JNN1


                                                                                    Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Notices                                                         39909

                                                    Department issued a memorandum                           United States (HTSUS) subheadings:                    factory production to shipment to the
                                                    extending the time period for issuing                    7306.30.10.00, 7306.30.50.25,                         U.S. customer.8
                                                    the final results of this administrative                 7306.30.50.32, 7306.30.50.40,                         Final Results of the Review
                                                    review by 60 days, from April 12, 2016                   7306.30.50.55, 7306.30.50.85, and
                                                    to June 10, 2016, as permitted by section                7306.30.50.90. Although the HTSUS                       As a result of this review, we
                                                    751(a)(3)(A) of the Tariff Act of 1930, as               numbers are provided for convenience                  determine that the following weighted-
                                                    amended (the Act) and 19 CFR                             and customs purposes, the written                     average dumping margins exist for the
                                                    351.213(h)(2).4                                          product description remains dispositive.              period November 1, 2013 through
                                                      On January 7, 2016, Husteel and                                                                              October 31, 2014:
                                                                                                                A full description of the scope of the
                                                    HYSCO both requested a hearing. These
                                                    requests were subsequently withdrawn.5                   order is contained in the memorandum                                                                Weighted-
                                                    On February 3, 2016, we received case                    from Christian Marsh, Deputy Assistant                                                               average
                                                                                                             Secretary for Antidumping and                                  Producer/Exporter                    dumping
                                                    briefs from JMC Steel Group (JMC) and                                                                                                                          margin
                                                    Allied Tube and Conduit (Allied) (the                    Countervailing Duty Operations to Paul                                                              (percent)
                                                    petitioners), Husteel, HYSCO, and                        Piquado, Assistant Secretary for
                                                    SeAH.6 On February 12, 2015, we                          Enforcement and Compliance,                           Husteel Co., Ltd ..........................        1.42
                                                    received rebuttal briefs from the                        ‘‘Decision Memorandum for the Final                   Hyundai HYSCO .........................            1.62
                                                                                                             Results of Antidumping Duty                           SeAH Steel Corporation .............               0.00
                                                    petitioners, SeAH, and HYSCO.7
                                                                                                             Administrative Review: Circular
                                                    Scope of the Order                                       Welded Non-Alloy Steel Pipe from the                  Disclosure
                                                       The merchandise subject to the order                  Republic of Korea: 2013–2014,’’ dated                   We will disclose the calculations used
                                                    is circular welded non-alloy steel pipe                  concurrently with this notice (Issues                 in our analysis to parties to these
                                                    and tube. The product is currently                       and Decision Memorandum), and which                   proceedings within five days of the date
                                                    classified under the following                           is hereby adopted by this notice.                     of publication of this notice pursuant to
                                                    Harmonized Tariff Schedule of the                                                                              19 CFR 351.224(b).
                                                                                                             Analysis of Comments Received
                                                    2016); we also extended the deadline to submit
                                                                                                                                                                   Assessment Rates
                                                                                                                All issues raised in the parties’ briefs
                                                    rebuttal briefs. See memorandum to all interested                                                                 Pursuant to section 751(a)(2)(A) and
                                                    parties, ‘‘Extension of the Deadline to submit           are addressed in the Issues and Decision
                                                    Rebuttal Briefs,’’ (February 5, 2016).                   Memorandum. A list of the issues raised               (C) of the Act, and 19 CFR 351.212(b)(1),
                                                       4 See Memorandum to Christian Marsh, Deputy           is attached to this notice as an                      the Department has determined, and
                                                    Assistant Secretary for Antidumping and                  Appendix. The Issues and Decision                     U.S. Customs and Border Protection
                                                    Countervailing Duty Operations entitled ‘‘Circular
                                                                                                             Memorandum is a public document and                   (CBP) shall assess, antidumping duties
                                                    Welded Non-Alloy Steel Pipe from the Republic of                                                               on all appropriate entries of subject
                                                    Korea: Extension of Time Limit for Final Results of      is on file electronically via Enforcement
                                                    Antidumping Duty Administrative Review,’’ (April         and Compliance’s Antidumping and                      merchandise in accordance with the
                                                    5, 2016).                                                Countervailing Duty Centralized                       final results of this review. The
                                                       5 See Letter from Hyundai Steel Company,
                                                                                                             Electronic Service System (ACCESS).                   Department intends to issue assessment
                                                    ‘‘Administrative Review of Circular Welded Non-                                                                instructions to CBP 15 days after the
                                                    Alloy Steel Pipe from the Republic of Korea:             ACCESS is available to registered users
                                                    Request for Public Hearing,’’ (January 7, 2016); see     at http://access.trade.gov, and is                    date of publication of these final results
                                                    also Letter from Husteel, ‘‘Certain Circular Welded      available to all parties in the Central               of review.
                                                    Non-Alloy Steel Pipe from the Republic of Korea,                                                                  For assessment purposes, Husteel,
                                                                                                             Records Unit, room B8024 of the main
                                                    Case No. A–580–809: Request for Hearing,’’                                                                     HYSCO, and SeAH reported the name of
                                                    (January 7, 2016); and the withdrawal requests, see      Department of Commerce building. In
                                                                                                                                                                   the importer of record and the entered
                                                    See Letter from Hyundai Steel Company,                   addition, a complete version of the
                                                    ‘‘Administrative Review of Circular Welded Non-                                                                value for all of their sales to the United
                                                                                                             Issues and Decision Memorandum can
                                                    Alloy Steel Pipe from the Republic of Korea:                                                                   States during the period of review
                                                                                                             be accessed directly on the Internet at
                                                    Withdrawal of Request for Hearing,’’ (February 22,                                                             (POR). Accordingly, for each
                                                    2016); see also Letter from Husteel, ‘‘Certain           http://trade.gov/enforcement. The
                                                                                                                                                                   respondent, we calculated importer-
                                                    Circular Welded Non-Alloy Steel Pipe from the            signed Issues and Decision
                                                    Republic of Korea, 11/1/2014–10/31/2014                                                                        specific ad valorem antidumping duty
                                                                                                             Memorandum and the electronic                         assessment rates on the basis of the ratio
                                                    Administrative Review, Case No. A–580–809:
                                                    Withdrawal of Request for Hearing,’’ (February 19,       versions of the Issues and Decision                   of the total amount of dumping
                                                    2016).                                                   Memorandum are identical in content.                  calculated for the importer’s examined
                                                       6 See Case Brief of the Petitioners, ‘‘Circular

                                                    Welded Non-Alloy Steel Pipe From the Republic of         Changes From the Preliminary Results                  sales and the total entered value of those
                                                    Korea: Case Brief,’’ (February 3, 2016); see also Case                                                         same sales in accordance with 19 CFR
                                                    Brief of Husteel, ‘‘Certain Circular Welded Non-           Based on our analysis of the                        351.212(b)(1). Where an importer-
                                                    Alloy Steel Pipe from the Republic of Korea, Case        comments received from interested                     specific assessment rate is zero or de
                                                    No. A–580–809: Case Brief,’’ (February 3, 2016);         parties, we have made certain changes
                                                    Case Brief of HYSCO, ‘‘Certain Circular Welded
                                                                                                                                                                   minimis (i.e., less than 0.5 percent), we
                                                    Non-Alloy Steel Pipe from the Republic of Korea:         for SeAH since the Preliminary Results.               will instruct CBP to liquidate the
                                                    Case Brief,’’ (February 3, 2016); Case Brief of SeAH,    For home market sales that SeAH                       appropriate entries without regard to
                                                    ‘‘Administrative Review of the Antidumping Order         identified as consignment sales, in                   antidumping duties in accordance with
                                                    on Circular Welded Non-Alloy Steel Pipe from             accordance with the Department’s
                                                    Korea for the 2013–2014 Review Period—Case
                                                                                                                                                                   19 CFR 351.106(c)(2).
                                                    Brief,’’ (February 3, 2016).                             practice, we have used the date the                      For entries of subject merchandise
                                                                                                             customer withdrew the merchandise                     during the POR produced by Husteel,
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                       7 See Rebuttal Brief of the petitioners, ‘‘Circular

                                                    Welded Non-Alloy Steel Pipe From the Republic of         from consignment inventory as the                     HYSCO, and SeAH which they did not
                                                    Korea: Rebuttal Brief,’’ (February 12, 2016), and see    appropriate date of sale. For all                     know were destined for the United
                                                    Rebuttal Brief from Hundai HYSCO, ‘‘Certain
                                                    Circular Welded Non-Alloy Steel Pipe from the
                                                                                                             remaining sales we continue to follow                 States, we will instruct CBP to liquidate
                                                    Republic of Korea: Rebuttal Brief,’’ (February 12,       our practice as described in the
                                                    2016); see also Rebuttal Brief from SeAH,                Preliminary Results. Additionally, we                   8 For a discussion of these changes, see the

                                                    ‘‘Administrative Review of the Antidumping Order         have recalculated inventory carrying                  accompanying Issues and Decision Memorandum at
                                                    on Circular Welded Non-Alloy Steel Pipe from                                                                   Comment 7 and SeAH’s Final Determination
                                                    Korea for the 2013–2014 Review Period—Rebuttal
                                                                                                             costs for direct shipment CEP sales                   Calculation Memorandum dated concurrently with
                                                    Brief,’’ (February 12, 2016).                            based on the inventory period from                    this Federal Register notice.



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                                                    39910                          Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Notices

                                                    unreviewed entries at the all-others rate               Notification Regarding Administrative                  DEPARTMENT OF COMMERCE
                                                    if there is no rate for the intermediate                Protective Order
                                                    company or companies involved in the                                                                           International Trade Administration
                                                    transaction. For a full discussion of this                 This notice also serves as a reminder
                                                                                                                                                                   [A–570–038]
                                                    clarification, see Antidumping and                      to parties subject to administrative
                                                    Countervailing Duty Proceedings:                        protective order (APO) of their                        Certain Amorphous Silica Fabric From
                                                    Assessment of Antidumping Duties, 68                    responsibility concerning the                          the People’s Republic of China:
                                                    FR 23954 (May 6, 2003).                                 disposition of proprietary information                 Postponement of Preliminary
                                                                                                            disclosed under APO in accordance                      Determination of the Less-Than-Fair-
                                                    Cash Deposit Requirements                               with 19 CFR 351.305(a)(3), which                       Value Investigation
                                                      The following cash deposit                            continues to govern business
                                                                                                                                                                   AGENCY:  Enforcement and Compliance,
                                                    requirements will be effective upon                     proprietary information in this segment
                                                                                                                                                                   International Trade Administration,
                                                    publication of the notice of final results              of the proceeding. Timely written                      Department of Commerce.
                                                    of administrative review for all                        notification of the return or destruction
                                                                                                                                                                   DATES: Effective Date: June 20, 2016.
                                                    shipments of subject merchandise                        of APO materials, or conversion to
                                                                                                                                                                   FOR FURTHER INFORMATION CONTACT:
                                                    entered or withdrawn from warehouse,                    judicial protective order, is hereby
                                                                                                                                                                   Scott Hoefke at (202) 482–4947 or Mike
                                                    for consumption, on or after the date of                requested. Failure to comply with the
                                                                                                                                                                   Heaney at (202) 482–4475, AD/CVD
                                                    publication, as provided by section                     regulations and the terms of an APO is                 Operations, Enforcement and
                                                    751(a)(2)(C) of the Act: (1) The cash                   a sanctionable violation.                              Compliance, International Trade
                                                    deposit rate for Husteel, HYSCO, and                                                                           Administration, Department of
                                                                                                            Notification to Interested Parties
                                                    SeAH will be equal to the respective                                                                           Commerce, 14th Street and Constitution
                                                    weighted-average dumping margins                          These final results of administrative                Avenue NW., Washington, DC 20230.
                                                    established in the final results of this                review are issued and published in                     SUPPLEMENTARY INFORMATION:
                                                    review; (2) for merchandise exported by                 accordance with sections 751(a)(1) and
                                                    manufacturers or exporters not covered                                                                         Background
                                                                                                            777(i)(1) of the Act.
                                                    in this review, but covered in a prior                                                                            On February 16, 2016, the Department
                                                    segment of the proceeding, the cash                       Dated: June 10, 2016.
                                                                                                                                                                   of Commerce (the Department) initiated
                                                    deposit rate will continue to be the                    Paul Piquado,                                          an antidumping duty investigation on
                                                    company-specific rate published for the                 Assistant Secretary for Enforcement and                certain amorphous silica fabric from the
                                                    most recently completed segment of this                 Compliance.                                            People’s Republic of China.1 The notice
                                                    proceeding in which that manufacturer                                                                          of initiation stated that the Department,
                                                    or exporter participated; (3) if the                    Appendix—List of Issues Discussed in
                                                                                                                                                                   in accordance with section 733(b)(1)(A)
                                                    exporter is not a firm covered in this                  the Issues and Decision Memorandum
                                                                                                                                                                   of the Tariff Act of 1930, as amended
                                                    review, a prior review, or the original                 Summary                                                (the Act), and 19 CFR 351.205(b)(1),
                                                    investigation but the manufacturer is,                  Background                                             would issue its preliminary
                                                    the cash deposit rate will be the rate                  Changes Since the Preliminary Results                  determination for this investigation,
                                                    established for the most recently                       List of Comments                                       unless postponed, no later than 140
                                                    completed segment of this proceeding                    Scope of the Order                                     days after the date of the initiation. The
                                                    for the manufacturer of subject                         Discussion of the Issues                               deadline for the preliminary
                                                    merchandise; and (4) the cash deposit                     Comment 1: Whether the Cohen’s d Test                determination of this antidumping duty
                                                    rate for all other manufacturers or                          Measures ‘‘Targeted’’ or Masked                   investigation is currently July 5, 2016.
                                                    exporters will continue to be 4.80                           Dumping
                                                    percent, the ‘‘all others’’ rate established              Comment 2: Whether the Ratio Test Is
                                                                                                                                                                   Postponement of the Preliminary
                                                    pursuant to a court decision.9 These                         Arbitrary and Whether the ‘‘Meaningful            Determination
                                                    cash deposit requirements, when                              Difference Requirement’’ Was Satisfied              Section 733(c)(1)(A) of the Act
                                                    imposed, shall remain in effect until                     Comment 3: Whether Consideration of an               permits the Department to postpone the
                                                    further notice.                                              Alternative Comparison Method Is                  time limit for the preliminary
                                                                                                                 Permitted in Administrative Reviews               determination if it receives a timely
                                                    Notification to Importers Regarding the                   Comment 4: Whether the Mixed                         request from the petitioner for
                                                    Reimbursement of Duties                                      Methodology Leads to Zeroing                      postponement. The Department may
                                                       This notice serves as a final reminder
                                                                                                              Comment 5: The Appropriate Universe of               postpone the preliminary determination
                                                                                                                 HYSCO’s Home Market Sales                         under section 733(c)(1) of the Act until
                                                    to importers of their responsibility
                                                                                                              Comment 6: Whether Certain HYSCO Sales               no later than 190 days after the date on
                                                    under 19 CFR 351.402(f)(2) to file a
                                                                                                                 Are Outside the Ordinary Course of                which the Department initiates an
                                                    certificate regarding the reimbursement                      Trade
                                                    of antidumping duties prior to                                                                                 investigation.
                                                                                                              Comment 7: SeAH’s Reported Credit                      On June 1, 2016, Auburn
                                                    liquidation of the relevant entries                          Expense for Back-to-Back U.S. Sales               Manufacturing, Inc. (the Petitioner)
                                                    during this review period. Failure to                     Comment 8: Whether To Use SeAH’s                     submitted a timely request pursuant to
                                                    comply with this requirement could                           Reported Nominal Outside Diameter                 section 733(c)(1) of the Act and 19 CFR
                                                    result in the Department’s presumption                    Comment 9: Husteel’s Cost Reallocation               351.205(e) for a 50-day postponement of
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    that reimbursement of antidumping                         Comment 10: HYSCO’s Cost Reallocation                the preliminary determination in this
                                                    duties occurred and the subsequent                        Comment 11: SeAH’s Cost Reallocation                 investigation.2 The petitioner stated that
                                                    assessment of doubled antidumping                         Comment 12: Whether To Assign HYSCO’s
                                                    duties.                                                 Cash Deposit Rate to Hyundai Steel                       1 See Certain Amorphous Silica Fabric from the

                                                                                                              Recommendation                                       People’s Republic of China: Initiation of Less-Than-
                                                      9 See Circular Welded Non-Alloy Steel Pipe From                                                              Fair-Value Investigation, 81 FR 8913 (February 23,
                                                                                                            [FR Doc. 2016–14425 Filed 6–17–16; 8:45 am]
                                                    Korea: Notice of Final Court Decision and Amended                                                              2016).
                                                    Final Determination, 60 FR 55833 (November 3,           BILLING CODE 3510–DS–P                                   2 See Letter from Petitioner, ‘‘Certain Amorphous

                                                    1995).                                                                                                         Silica Fabric from the People’s Republic of China:



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Document Created: 2016-06-18 00:09:32
Document Modified: 2016-06-18 00:09:32
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ContactJoseph Shuler, Jennifer Meek, or Lana Nigro, 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) 482-1293, (202) 482-2778, or (202) 482-1779, respectively.
FR Citation81 FR 39908 

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