81_FR_71273 81 FR 71074 - Certain Oil Country Tubular Goods From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2014-2015

81 FR 71074 - Certain Oil Country Tubular Goods From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2014-2015

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 199 (October 14, 2016)

Page Range71074-71076
FR Document2016-24800

The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on certain oil country tubular goods (OCTG) from the Republic of Korea (Korea). The period of review (POR) is July 18, 2014, through August 31, 2015. The Department preliminarily determines that the producers or exporters subject to the review, including the mandatory respondents NEXTEEL Co. Ltd. (NEXTEEL) and SeAH Steel Corporation (SeAH), made sales of subject merchandise at less than normal value. We invite interested parties to comment on these preliminary results.

Federal Register, Volume 81 Issue 199 (Friday, October 14, 2016)
[Federal Register Volume 81, Number 199 (Friday, October 14, 2016)]
[Notices]
[Pages 71074-71076]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-24800]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-870]


Certain Oil Country Tubular Goods From the Republic of Korea: 
Preliminary Results of Antidumping Duty Administrative Review; 2014-
2015

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 certain oil 
country tubular goods (OCTG) from the Republic of Korea (Korea). The 
period of review (POR) is July 18, 2014, through August 31, 2015. The 
Department preliminarily determines that the producers or exporters 
subject to the review, including the mandatory respondents NEXTEEL Co. 
Ltd. (NEXTEEL) and SeAH Steel Corporation (SeAH), made sales of subject 
merchandise at less than normal value. We invite interested parties to 
comment on these preliminary results.

DATES: Effective October 14, 2016.

FOR FURTHER INFORMATION CONTACT: Victoria Cho or Deborah Scott, AD/CVD 
Operations, Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
5075 or (202) 482-2657, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On September 1, 2015, we published in the Federal Register a notice 
of opportunity to request an administrative review of the order.\1\ As 
explained in the memorandum from the Acting Assistant Secretary for 
Enforcement and Compliance, the Department has exercised its discretion 
to toll all administrative deadlines by four business days due to the 
closure of the Federal Government during Snowstorm Jonas.\2\ On 
February 12, 2016, we selected as mandatory respondents the two 
exporters or producers accounting for the largest volume of OCTG from 
Korea during the POR (i.e., in alphabetical order, NEXTEEL and 
SeAH).\3\ On May 31, 2016, we fully extended the preliminary results by 
120 days.\4\
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    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review, 80 FR 52741 (September 1, 2015).
    \2\ See Memorandum to the Record from Ron Lorentzen, Acting A/S 
for Enforcement & Compliance, regarding ``Tolling of Administrative 
Deadlines As a Result of the Government Closure During Snowstorm 
Jonas,'' dated January 27, 2016.
    \3\ See the Department's Memorandum entitled, ``Antidumping Duty 
Administrative Review of Certain Oil Country Tubular Goods from the 
Republic of Korea: Respondent Selection Memorandum,'' dated February 
12, 2016 (Respondent Selection Memo).
    \4\ See the Memoradum to Christian Marsh entitled, ``Oil Country 
Tubular Goods from the Republic of Korea: Extension of Time Limit 
for Preliminary Results of Antidumping Duty Administrative Review,'' 
dated May 31, 2016.
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by the order is certain OCTG, which are 
hollow steel products of circular cross-section, including oil well 
casing and tubing, of iron (other than cast iron) or steel (both carbon 
and alloy), whether seamless or welded, regardless of end finish (e.g., 
whether or not plain end, threaded, or threaded and coupled) whether or 
not conforming to American Petroleum Institute (API) or non-API 
specifications, whether finished (including limited service OCTG 
products) or unfinished (including green tubes and limited service OCTG 
products), whether or not thread protectors are attached. The scope of 
the order also covers OCTG coupling stock. For a complete description 
of the scope of the order, see the Preliminary Decision Memorandum.\5\
---------------------------------------------------------------------------

    \5\ See the accompanying Decision Memorandum for the Preliminary 
Results of Antidumping Duty Administrative Review: Certain Oil 
Country Tubular Goods from the Republic of Korea, dated October 5, 
2016 (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Methodology

    The Department is conducting this administrative review in 
accordance with section 751(a)(2) of the Tariff Act of 1930, as amended 
(the Act). Export price and constructed export price are calculated in 
accordance with section 772 of the Act. Normal value is calculated in 
accordance with section 773 of the Act.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum. The Preliminary 
Decision Memorandum is a public document and is made available to the 
public 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 found at http://enforcement.trade.gov/frn/index.html. The signed and electronic 
versions of the Preliminary Decision Memorandum are identical in 
content. A list of the topics discussed in the Preliminary Decision 
Memorandum is attached as Appendix 1 to this notice.

Preliminary Determination of No Shipments

    Among the companies under review, certain companies properly filed 
statements reporting that they made no shipments of subject merchandise 
to the United States during the POR.\6\ Based on the certifications 
submitted by these companies and our analysis of information from U.S. 
Customs and Border Protection (CBP), we preliminarily determine that 
the following companies had no shipments during the POR: Hyundai 
Glovis, Hyundai Mobis, Hyundai RB, Kolon Global, POSCO Plantec, and 
Samsung C&T Corporation.
    For a full explanation of the Department's analysis, see the 
Preliminary Decision Memorandum. The Department finds that it is not 
appropriate to preliminarily rescind the review with respect to these 
companies but, rather, intends to complete the review with respect to 
these companies and issue appropriate instructions to CBP based on the 
final results of this review.

[[Page 71075]]

Rates for Non-Examined Companies
---------------------------------------------------------------------------

    \6\ See Letter from Hyundai Steel Company to the Department 
(certifying that its affiliates Hyundai Glovis, Hyundai Mobis, and 
Hyundai RB had no exports, sales or entries of subject merchandise 
to the United States during the POR), dated December 9, 2015; Letter 
from Kolon Global to the Department, dated December 9, 2015; Letter 
from POSCO Plantec to the Department, dated December 9, 2015; and 
Letter from Samsung C&T Corporation to the Department, dated 
December 9, 2015. One other company, POSCO Processing & Service Co., 
Ltd., submitted a letter stating that it had no exports, sales or 
entries of subject merchandise to the United States during the POR. 
See Letter from POSCO Processing & Service Co., Ltd. to the 
Department, dated December 9, 2015. However, no company with this 
specific name was listed in the Initiation Notice. See Initiation 
Notice, 80 FR at 69195-6.
---------------------------------------------------------------------------

    The statute and the Department's regulations do not address the 
establishment of a rate to be applied to companies not selected for 
examination when the Department limits its examination in an 
administrative review pursuant to section 777A(c)(2) of the Act. 
Generally, the Department looks to section 735(c)(5) of the Act, which 
provides instructions for calculating the all-others rate in a market 
economy investigation, for guidance when calculating the rate for 
companies which were not selected for individual examination in an 
administrative review. Under section 735(c)(5)(A) of the Act, the all-
others rate is normally ``an amount equal to the weighted- average of 
the estimated weighted-average dumping margins established for 
exporters and producers individually investigated, excluding any zero 
or de minimis margins, and any margins determined entirely {on the 
basis of facts available{time} .''
    In this review, we have preliminarily calculated weighted-average 
dumping margins for NEXTEEL and SeAH that are not zero, de minimis, or 
determined entirely on the basis of facts available. Accordingly, the 
Department preliminarily has assigned to the companies not individually 
examined (see Appendix 2 for a full list of these companies) a margin 
of 5.92 percent, which is the simple average \7\ of NEXTEEL's and 
SeAH's calculated weighted-average dumping margins.
---------------------------------------------------------------------------

    \7\ We calculated the all-others rate using a simple average of 
the dumping margins calculated for the mandatory respondents because 
complete publicly ranged sales data were not available.
---------------------------------------------------------------------------

Preliminary Results of Review

    The Department preliminarily determines that the following 
weighted-average dumping margins exist:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                  Exporter or producer                    dumping margin
                                                             (percent)
------------------------------------------------------------------------
NEXTEEL Co., Ltd........................................            8.04
SeAH Steel Corporation..................................            3.80
Non-examined companies..................................            5.92
------------------------------------------------------------------------

Public Comment on Allegations of a Particular Market Situation

    The Department intends to further consider allegations of a 
particular market situation in this proceeding. We invite parties to 
submit comments and arguments on these allegations no later than 14 
days after the date of publication of this notice. Rebuttal comments 
will be due no later than five days after the deadline for submission 
of affirmative comments.

Disclosure, Public Comment, and Opportunity To Request a Hearing

    We intend to disclose the calculations performed for these 
preliminary results of review to the parties within five days of the 
date of publication of this notice in accordance with 19 CFR 
351.224(b). Pursuant to 19 CFR 351.309(c), interested parties may 
submit case briefs no later than 30 days after the date of publication 
of this notice. Rebuttal briefs, limited to issues raised in the case 
briefs, may be filed no later than five days after the date for filing 
case briefs.\8\ 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.\9\
---------------------------------------------------------------------------

    \8\ See 19 CFR 351.309(d).
    \9\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via the 
Department's electronic records system, ACCESS. An electronically filed 
request must be received successfully in its entirety by 5:00 p.m. 
Eastern Time within 30 days after the date of publication of this 
notice.\10\ Requests should contain: (1) The party's name, address and 
telephone number; (2) the number of participants; and (3) a list of 
issues to be discussed. Issues raised in the hearing will be limited to 
those raised in the respective case briefs. The Department intends to 
issue the final results of this administrative review, including the 
results of its analysis of the issues raised in any written briefs, not 
later than 120 days after the date of publication of this notice, 
pursuant to section 751(a)(3)(A) of the Act.
---------------------------------------------------------------------------

    \10\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

Assessment Rates

    Upon completion of the administrative review, the Department shall 
determine, and CBP shall assess, antidumping duties on all appropriate 
entries. We intend to issue liquidation instructions to CBP 15 days 
after publication of the final results of this review.
    For any individually examined respondent whose weighted-average 
dumping margin is not zero or de minimis (i.e., less than 0.5 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 the examined sales made to each importer and 
the total entered value of those sales, in accordance with 19 CFR 
351.212(b)(1). Where an importer-specific ad valorem assessment rate is 
zero or de minimis in the final results of review, we will instruct CBP 
to liquidate the appropriate entries without regard to antidumping 
duties in accordance with 19 CFR 351.106(c)(2). If a respodent's 
weighted-average dumping margin is zero or de minimis in the final 
results of review, we will instruct CBP not to assess duties on any of 
its entries in accordance with the Final Modification for Reviews, 
i.e., ``{w{time} here the weighted-average margin of dumping for the 
exporter is determined to be zero or de minimis, no antidumping duties 
will be assessed.'' \11\
---------------------------------------------------------------------------

    \11\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101, 8102 (February 14, 
2012) (Final Modification for Reviews).
---------------------------------------------------------------------------

    For entries of subject merchandise during the POR produced by 
NEXTEEL or SeAH for which the producer did not know its merchandise was 
destined for the United States or for any respondent for which we have 
a final determination of no shipments, 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.\12\
---------------------------------------------------------------------------

    \12\ 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 this review for all 
shipments of OCTG 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 the companies 
listed in the final results of review, will be equal to the weighted-
average dumping margin 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 segment of 
the proceeding, the cash deposit rate will continue to be the company-
specific rate published from a completed segment 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 is, the 
cash deposit rate will be the rate established from a completed segment 
for the most recent period for the producer of the merchandise; (4) the

[[Page 71076]]

cash deposit rate for all other producers or exporters will continue to 
be 5.24 percent,\13\ the all-others rate established in the less-than-
fair-value investigation. These cash deposit requirements, when 
imposed, shall remain in effect until further notice.
---------------------------------------------------------------------------

    \13\ See Certain Oil Country Tubular Goods From the Republic of 
Korea: Notice of Court Decision Not in Harmony With Final 
Determination, 81 FR 59603 (August 30, 2016).
---------------------------------------------------------------------------

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 POR. Failure to comply with this 
requirement could result in the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification to Interested Parties

    The Department is issuing and publishing these results in 
accordance with sections 751(a)(1) and 777(i) of the Act.

    Dated: October 5, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix 1

List of Topics Discussed in the Preliminary Decision Memorandum

1. Summary
2. Background
3. Scope of Order
4. Preliminary Determination of No Shipments
5. Rates for Non-Examined Companies
6. Affiliation
7. Discussion of the Methodology
8. Currency Conversion
9. Recommendation

Appendix 2

List of Companies Not Individually Examined

A.R. Williams Materials
AJU Besteel Co., Ltd.
AK Steel
BDP International
Cantak Corporation
Daewoo International Corporation
Dong-A Steel Co., Ltd.
Dong Yang Steel Pipe
Dongbu Incheon Steel
Dongbu Steel Co., Ltd.
Dongkuk S and C
DSEC
EEW Korea
Erndtebruecker Eisenwerk and Company
GS Global
H K Steel
Hansol Metal
HG Tubulars Canada Ltd.
Husteel Co., Ltd.
Hyundai HYSCO \14\
---------------------------------------------------------------------------

    \14\ On September 21, 2016, the Department published the final 
results of a changed circumstances review with respect to OCTG from 
Korea, finding that Hyundai Steel is the successor-in-interest to 
Hyundai HYSCO for purposes of determining antidumping duty cash 
deposits and liabilities. See Notice of Final Results of Antidumping 
Duty Changed Circumstances Review: Oil Country Tubular Goods From 
the Republic of Korea, 81 FR 64873 (September 21, 2016). Hyundai 
Steel Company is also known as Hyundai Steel Corporation and Hyundai 
Steel Co. Ltd.
---------------------------------------------------------------------------

Hyundai HYSCO Co., Ltd.
Hyundai Steel Company
Hyundai Steel Co., Ltd.
ILJIN Steel Corporation
Kukbo Logix
Kukje Steel
Kumkang Industrial Co., Ltd.
McJunkin Red Man Tubular
NEXTEEL Q&T
Nippon Arwwl and Aumikin Vuaan Korea Co., Ltd.
Phocennee
POSCO Processing and Acy Service
Samson
Sedae Entertech
Steel Canada
Steel Flower
Steelpia
Sung Jin
TGS Pipe
Toyota Tsusho Corporation
UNI Global Logistics
Yonghyun Base Materials

[FR Doc. 2016-24800 Filed 10-13-16; 8:45 am]
 BILLING CODE 3510-DS-P



                                               71074                         Federal Register / Vol. 81, No. 199 / Friday, October 14, 2016 / Notices

                                                  e. Comparisons to Normal Value                       administrative deadlines by four                      Preliminary Decision Memorandum is a
                                                  f. Determination of Comparison Method                business days due to the closure of the               public document and is made available
                                                  g. Results of Differential Pricing Analysis          Federal Government during Snowstorm                   to the public via Enforcement and
                                                  h. Date of Sale
                                                                                                       Jonas.2 On February 12, 2016, we                      Compliance’s Antidumping and
                                                  i. U.S. Price
                                                  j. Normal Value                                      selected as mandatory respondents the                 Countervailing Duty Centralized
                                                  k. Factor Valuations                                 two exporters or producers accounting                 Electronic Service System (ACCESS).
                                                  l. Currency Conversion                               for the largest volume of OCTG from                   ACCESS is available to registered users
                                               5. Recommendation                                       Korea during the POR (i.e., in                        at http://access.trade.gov, and is
                                               [FR Doc. 2016–24797 Filed 10–13–16; 8:45 am]            alphabetical order, NEXTEEL and                       available to all parties in the Central
                                               BILLING CODE 3510–DS–P
                                                                                                       SeAH).3 On May 31, 2016, we fully                     Records Unit, room B8024 of the main
                                                                                                       extended the preliminary results by 120               Department of Commerce building. In
                                                                                                       days.4                                                addition, a complete version of the
                                               DEPARTMENT OF COMMERCE                                  Scope of the Order                                    Preliminary Decision Memorandum can
                                               International Trade Administration                         The merchandise covered by the order               be found at http://
                                                                                                       is certain OCTG, which are hollow steel               enforcement.trade.gov/frn/index.html.
                                               [A–580–870]                                                                                                   The signed and electronic versions of
                                                                                                       products of circular cross-section,
                                                                                                       including oil well casing and tubing, of              the Preliminary Decision Memorandum
                                               Certain Oil Country Tubular Goods
                                                                                                       iron (other than cast iron) or steel (both            are identical in content. A list of the
                                               From the Republic of Korea:
                                                                                                       carbon and alloy), whether seamless or                topics discussed in the Preliminary
                                               Preliminary Results of Antidumping
                                                                                                       welded, regardless of end finish (e.g.,               Decision Memorandum is attached as
                                               Duty Administrative Review; 2014–
                                                                                                       whether or not plain end, threaded, or                Appendix 1 to this notice.
                                               2015
                                                                                                       threaded and coupled) whether or not
                                               AGENCY:  Enforcement and Compliance,                    conforming to American Petroleum                      Preliminary Determination of No
                                               International Trade Administration,                     Institute (API) or non-API                            Shipments
                                               Department of Commerce.                                 specifications, whether finished                        Among the companies under review,
                                               SUMMARY: The Department of Commerce                     (including limited service OCTG                       certain companies properly filed
                                               (the Department) is conducting an                       products) or unfinished (including                    statements reporting that they made no
                                               administrative review of the                            green tubes and limited service OCTG                  shipments of subject merchandise to the
                                               antidumping duty order on certain oil                   products), whether or not thread                      United States during the POR.6 Based
                                               country tubular goods (OCTG) from the                   protectors are attached. The scope of the
                                                                                                                                                             on the certifications submitted by these
                                               Republic of Korea (Korea). The period of                order also covers OCTG coupling stock.
                                                                                                                                                             companies and our analysis of
                                               review (POR) is July 18, 2014, through                  For a complete description of the scope
                                                                                                                                                             information from U.S. Customs and
                                               August 31, 2015. The Department                         of the order, see the Preliminary
                                                                                                       Decision Memorandum.5                                 Border Protection (CBP), we
                                               preliminarily determines that the                                                                             preliminarily determine that the
                                               producers or exporters subject to the                   Methodology                                           following companies had no shipments
                                               review, including the mandatory                                                                               during the POR: Hyundai Glovis,
                                               respondents NEXTEEL Co. Ltd.                              The Department is conducting this
                                                                                                       administrative review in accordance                   Hyundai Mobis, Hyundai RB, Kolon
                                               (NEXTEEL) and SeAH Steel Corporation
                                                                                                       with section 751(a)(2) of the Tariff Act              Global, POSCO Plantec, and Samsung
                                               (SeAH), made sales of subject
                                                                                                       of 1930, as amended (the Act). Export                 C&T Corporation.
                                               merchandise at less than normal value.
                                               We invite interested parties to comment                 price and constructed export price are                  For a full explanation of the
                                               on these preliminary results.                           calculated in accordance with section                 Department’s analysis, see the
                                                                                                       772 of the Act. Normal value is                       Preliminary Decision Memorandum.
                                               DATES: Effective October 14, 2016.
                                                                                                       calculated in accordance with section                 The Department finds that it is not
                                               FOR FURTHER INFORMATION CONTACT:                        773 of the Act.
                                               Victoria Cho or Deborah Scott, AD/CVD                                                                         appropriate to preliminarily rescind the
                                                                                                         For a full description of the                       review with respect to these companies
                                               Operations, Office VI, Enforcement and                  methodology underlying our
                                               Compliance, International Trade                                                                               but, rather, intends to complete the
                                                                                                       conclusions, see the Preliminary
                                               Administration, U.S. Department of                                                                            review with respect to these companies
                                                                                                       Decision Memorandum. The
                                               Commerce, 14th Street and Constitution                                                                        and issue appropriate instructions to
                                               Avenue NW., Washington, DC 20230;                          2 See Memorandum to the Record from Ron
                                                                                                                                                             CBP based on the final results of this
                                               telephone: (202) 482–5075 or (202) 482–                 Lorentzen, Acting A/S for Enforcement &               review.
                                               2657, respectively.                                     Compliance, regarding ‘‘Tolling of Administrative
                                                                                                       Deadlines As a Result of the Government Closure          6 See Letter from Hyundai Steel Company to the
                                               SUPPLEMENTARY INFORMATION:                              During Snowstorm Jonas,’’ dated January 27, 2016.     Department (certifying that its affiliates Hyundai
                                                                                                          3 See the Department’s Memorandum entitled,
                                               Background                                                                                                    Glovis, Hyundai Mobis, and Hyundai RB had no
                                                                                                       ‘‘Antidumping Duty Administrative Review of           exports, sales or entries of subject merchandise to
                                                 On September 1, 2015, we published                    Certain Oil Country Tubular Goods from the            the United States during the POR), dated December
                                               in the Federal Register a notice of                     Republic of Korea: Respondent Selection               9, 2015; Letter from Kolon Global to the
                                                                                                       Memorandum,’’ dated February 12, 2016                 Department, dated December 9, 2015; Letter from
                                               opportunity to request an administrative                (Respondent Selection Memo).                          POSCO Plantec to the Department, dated December
                                               review of the order.1 As explained in the                  4 See the Memoradum to Christian Marsh
                                                                                                                                                             9, 2015; and Letter from Samsung C&T Corporation
                                               memorandum from the Acting Assistant                    entitled, ‘‘Oil Country Tubular Goods from the        to the Department, dated December 9, 2015. One
rmajette on DSK2TPTVN1PROD with NOTICES




                                               Secretary for Enforcement and                           Republic of Korea: Extension of Time Limit for        other company, POSCO Processing & Service Co.,
                                                                                                       Preliminary Results of Antidumping Duty               Ltd., submitted a letter stating that it had no
                                               Compliance, the Department has                          Administrative Review,’’ dated May 31, 2016.          exports, sales or entries of subject merchandise to
                                               exercised its discretion to toll all                       5 See the accompanying Decision Memorandum         the United States during the POR. See Letter from
                                                                                                       for the Preliminary Results of Antidumping Duty       POSCO Processing & Service Co., Ltd. to the
                                                 1 See Antidumping or Countervailing Duty Order,       Administrative Review: Certain Oil Country            Department, dated December 9, 2015. However, no
                                               Finding, or Suspended Investigation; Opportunity        Tubular Goods from the Republic of Korea, dated       company with this specific name was listed in the
                                               To Request Administrative Review, 80 FR 52741           October 5, 2016 (Preliminary Decision                 Initiation Notice. See Initiation Notice, 80 FR at
                                               (September 1, 2015).                                    Memorandum).                                          69195–6.



                                          VerDate Sep<11>2014   14:29 Oct 13, 2016   Jkt 241001   PO 00000   Frm 00036   Fmt 4703   Sfmt 4703   E:\FR\FM\14OCN1.SGM   14OCN1


                                                                             Federal Register / Vol. 81, No. 199 / Friday, October 14, 2016 / Notices                                                71075

                                               Rates for Non-Examined Companies                        days after the deadline for submission of             examined sales made to each importer
                                                  The statute and the Department’s                     affirmative comments.                                 and the total entered value of those
                                               regulations do not address the                                                                                sales, in accordance with 19 CFR
                                                                                                       Disclosure, Public Comment, and
                                               establishment of a rate to be applied to                                                                      351.212(b)(1). Where an importer-
                                                                                                       Opportunity To Request a Hearing
                                               companies not selected for examination                                                                        specific ad valorem assessment rate is
                                                                                                          We intend to disclose the calculations             zero or de minimis in the final results
                                               when the Department limits its                          performed for these preliminary results
                                               examination in an administrative review                                                                       of review, we will instruct CBP to
                                                                                                       of review to the parties within five days             liquidate the appropriate entries
                                               pursuant to section 777A(c)(2) of the                   of the date of publication of this notice
                                               Act. Generally, the Department looks to                                                                       without regard to antidumping duties in
                                                                                                       in accordance with 19 CFR 351.224(b).                 accordance with 19 CFR 351.106(c)(2). If
                                               section 735(c)(5) of the Act, which                     Pursuant to 19 CFR 351.309(c),
                                               provides instructions for calculating the                                                                     a respodent’s weighted-average
                                                                                                       interested parties may submit case briefs             dumping margin is zero or de minimis
                                               all-others rate in a market economy                     no later than 30 days after the date of
                                               investigation, for guidance when                                                                              in the final results of review, we will
                                                                                                       publication of this notice. Rebuttal                  instruct CBP not to assess duties on any
                                               calculating the rate for companies                      briefs, limited to issues raised in the
                                               which were not selected for individual                                                                        of its entries in accordance with the
                                                                                                       case briefs, may be filed no later than               Final Modification for Reviews, i.e.,
                                               examination in an administrative                        five days after the date for filing case
                                               review. Under section 735(c)(5)(A) of                                                                         ‘‘{w}here the weighted-average margin
                                                                                                       briefs.8 Parties who submit case briefs or            of dumping for the exporter is
                                               the Act, the all-others rate is normally                rebuttal briefs in this proceeding are
                                               ‘‘an amount equal to the weighted-                                                                            determined to be zero or de minimis, no
                                                                                                       encouraged to submit with each                        antidumping duties will be assessed.’’ 11
                                               average of the estimated weighted-                      argument: (1) A statement of the issue,                  For entries of subject merchandise
                                               average dumping margins established                     (2) a brief summary of the argument,                  during the POR produced by NEXTEEL
                                               for exporters and producers                             and (3) a table of authorities.9                      or SeAH for which the producer did not
                                               individually investigated, excluding any                   Pursuant to 19 CFR 351.310(c),                     know its merchandise was destined for
                                               zero or de minimis margins, and any                     interested parties who wish to request a              the United States or for any respondent
                                               margins determined entirely {on the                     hearing must submit a written request to              for which we have a final determination
                                               basis of facts available}.’’                            the Assistant Secretary for Enforcement               of no shipments, we will instruct CBP
                                                  In this review, we have preliminarily                and Compliance, filed electronically via              to liquidate unreviewed entries at the
                                               calculated weighted-average dumping                     the Department’s electronic records                   all-others rate if there is no rate for the
                                               margins for NEXTEEL and SeAH that                       system, ACCESS. An electronically filed               intermediate company(ies) involved in
                                               are not zero, de minimis, or determined                 request must be received successfully in              the transaction.12
                                               entirely on the basis of facts available.               its entirety by 5:00 p.m. Eastern Time
                                               Accordingly, the Department                             within 30 days after the date of                      Cash Deposit Requirements
                                               preliminarily has assigned to the                       publication of this notice.10 Requests                  The following cash deposit
                                               companies not individually examined                     should contain: (1) The party’s name,                 requirements will be effective upon
                                               (see Appendix 2 for a full list of these                address and telephone number; (2) the                 publication of the notice of final results
                                               companies) a margin of 5.92 percent,                    number of participants; and (3) a list of             of this review for all shipments of OCTG
                                               which is the simple average 7 of                        issues to be discussed. Issues raised in              from Korea entered, or withdrawn from
                                               NEXTEEL’s and SeAH’s calculated                         the hearing will be limited to those                  warehouse, for consumption on or after
                                               weighted-average dumping margins.                       raised in the respective case briefs. The             the date of publication, as provided by
                                               Preliminary Results of Review                           Department intends to issue the final                 section 751(a)(2) of the Act: (1) The cash
                                                                                                       results of this administrative review,                deposit rate for the companies listed in
                                                 The Department preliminarily                          including the results of its analysis of              the final results of review, will be equal
                                               determines that the following weighted-                 the issues raised in any written briefs,              to the weighted-average dumping
                                               average dumping margins exist:                          not later than 120 days after the date of             margin established in the final results of
                                                                                                       publication of this notice, pursuant to               this administrative review; (2) for
                                                                                      Weighted-av-
                                                                                     erage dumping     section 751(a)(3)(A) of the Act.                      merchandise exported by producers or
                                                    Exporter or producer                                                                                     exporters not covered in this review but
                                                                                         margin
                                                                                         Assessment Rates
                                                                                        (percent)                                                            covered in a prior segment of the
                                                                                           Upon completion of the                                            proceeding, the cash deposit rate will
                                               NEXTEEL Co., Ltd. ..............     8.04 administrative review, the Department                               continue to be the company-specific rate
                                               SeAH Steel Corporation .......       3.80 shall determine, and CBP shall assess,
                                               Non-examined companies ....          5.92 antidumping duties on all appropriate
                                                                                                                                                             published from a completed segment for
                                                                                                                                                             the most recent period; (3) if the
                                                                                         entries. We intend to issue liquidation                             exporter is not a firm covered in this
                                               Public Comment on Allegations of a        instructions to CBP 15 days after                                   review, a prior review, or the original
                                               Particular Market Situation               publication of the final results of this                            investigation but the producer is, the
                                                 The Department intends to further       review.                                                             cash deposit rate will be the rate
                                               consider allegations of a particular        For any individually examined                                     established from a completed segment
                                               market situation in this proceeding. We   respondent whose weighted-average                                   for the most recent period for the
                                               invite parties to submit comments and     dumping margin is not zero or de                                    producer of the merchandise; (4) the
                                               arguments on these allegations no later   minimis (i.e., less than 0.5 percent) in
                                               than 14 days after the date of            the final results of this review, we will
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                                                                                                                                                               11 See Antidumping Proceedings: Calculation of

                                               publication of this notice. Rebuttal      calculate importer-specific assessment                              the Weighted-Average Dumping Margin and
                                                                                                                                                             Assessment Rate in Certain Antidumping
                                               comments will be due no later than five rates on the basis of the ratio of the total                          Proceedings: Final Modification, 77 FR 8101, 8102
                                                                                         amount of dumping calculated for the                                (February 14, 2012) (Final Modification for
                                                 7 We calculated the all-others rate using a simple                                                          Reviews).
                                                                                                         8 See 19 CFR 351.309(d).
                                               average of the dumping margins calculated for the                                                               12 See Antidumping and Countervailing Duty
                                                                                                         9 See 19 CFR 351.309(c)(2) and (d)(2).
                                               mandatory respondents because complete publicly                                                               Proceedings: Assessment of Antidumping Duties, 68
                                               ranged sales data were not available.                     10 See 19 CFR 351.310(c).                           FR 23954 (May 6, 2003).



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                                               71076                         Federal Register / Vol. 81, No. 199 / Friday, October 14, 2016 / Notices

                                               cash deposit rate for all other producers               HG Tubulars Canada Ltd.                               lemon, and sand tiger sharks based on
                                               or exporters will continue to be 5.24                   Husteel Co., Ltd.                                     recent information, as warranted;
                                               percent,13 the all-others rate established              Hyundai HYSCO 14                                      minimize to the extent practicable the
                                                                                                       Hyundai HYSCO Co., Ltd.
                                               in the less-than-fair-value investigation.                                                                    adverse effects of fishing and non-
                                                                                                       Hyundai Steel Company
                                               These cash deposit requirements, when                   Hyundai Steel Co., Ltd.                               fishing activities on EFH; and identify
                                               imposed, shall remain in effect until                   ILJIN Steel Corporation                               other actions to encourage the
                                               further notice.                                         Kukbo Logix                                           conservation and enhancement of EFH.
                                                                                                       Kukje Steel                                           NMFS announces two public hearing
                                               Notification to Importers                               Kumkang Industrial Co., Ltd.                          conference calls/webinars to allow
                                                 This notice serves as a preliminary                   McJunkin Red Man Tubular                              opportunities for interested members of
                                               reminder to importers of their                          NEXTEEL Q&T                                           the public from all geographic areas to
                                               responsibility under 19 CFR                             Nippon Arwwl and Aumikin Vuaan Korea
                                                                                                                                                             submit verbal comments on Draft
                                                                                                         Co., Ltd.
                                               351.402(f)(2) to file a certificate                     Phocennee                                             Amendment 10.
                                               regarding the reimbursement of                          POSCO Processing and Acy Service                      DATES: NMFS will host public hearing
                                               antidumping duties prior to liquidation                 Samson                                                conference calls/webinars on November
                                               of the relevant entries during this POR.                Sedae Entertech                                       10, 2016, from 3 to 5 p.m. EST and
                                               Failure to comply with this requirement                 Steel Canada                                          November 18, 2016, from 10 a.m. to 12
                                               could result in the Department’s                        Steel Flower                                          p.m. EST. Written comments on Draft
                                               presumption that reimbursement of                       Steelpia                                              Amendment 10 will be accepted until
                                               antidumping duties occurred and the                     Sung Jin
                                                                                                       TGS Pipe
                                                                                                                                                             December 22, 2016.
                                               subsequent assessment of double                                                                               ADDRESSES: Two public hearing
                                                                                                       Toyota Tsusho Corporation
                                               antidumping duties.                                     UNI Global Logistics                                  conference calls/webinars will be
                                               Notification to Interested Parties                      Yonghyun Base Materials                               conducted. See SUPPLEMENTARY
                                                                                                       [FR Doc. 2016–24800 Filed 10–13–16; 8:45 am]          INFORMATION for information on how to
                                                 The Department is issuing and                                                                               access the conference calls/webinars.
                                               publishing these results in accordance                  BILLING CODE 3510–DS–P
                                                                                                                                                             More information about Draft
                                               with sections 751(a)(1) and 777(i) of the                                                                     Amendment 10, including how to
                                               Act.                                                                                                          submit written comments, may be found
                                                                                                       DEPARTMENT OF COMMERCE
                                                 Dated: October 5, 2016.                                                                                     at http://www.fisheries.noaa.gov/sfa/
                                               Ronald K. Lorentzen,                                    National Oceanic and Atmospheric                      hms/documents/fmp/am10/index.html.
                                               Acting Assistant Secretary for Enforcement              Administration                                        FOR FURTHER INFORMATION CONTACT:
                                               and Compliance.                                                                                               Jennifer Cudney or Randy Blankinship
                                                                                                       RIN 0648–XD990
                                               Appendix 1                                                                                                    at (727) 824–5399.
                                                                                                       Atlantic Highly Migratory Species;                    SUPPLEMENTARY INFORMATION: The
                                               List of Topics Discussed in the Preliminary             Essential Fish Habitat
                                               Decision Memorandum
                                                                                                                                                             Magnuson-Stevens Fishery
                                                                                                       AGENCY:  National Marine Fisheries                    Conservation and Management Act
                                               1. Summary                                                                                                    (Magnuson-Stevens Act) includes
                                               2. Background                                           Service (NMFS), National Oceanic and
                                               3. Scope of Order                                       Atmospheric Administration (NOAA),                    provisions concerning the identification
                                               4. Preliminary Determination of No                      Commerce.                                             and conservation of EFH (16 U.S.C.
                                                  Shipments                                                                                                  1801 et seq.). EFH is defined at 50 CFR
                                                                                                       ACTION: Notice of public hearings.
                                               5. Rates for Non-Examined Companies                                                                           600.10 as ‘‘those waters and substrate
                                               6. Affiliation                                          SUMMARY:   On September 8, 2016, NMFS                 necessary to fish for spawning,
                                               7. Discussion of the Methodology                                                                              breeding, feeding, or growth to
                                                                                                       published a notice of availability of the
                                               8. Currency Conversion                                                                                        maturity.’’ NMFS must identify and
                                               9. Recommendation                                       Draft Environmental Assessment for
                                                                                                       Amendment 10 to the 2006                              describe EFH, minimize to the extent
                                               Appendix 2                                              Consolidated Atlantic Highly Migratory                practicable the adverse effects of fishing
                                               List of Companies Not Individually                      Species (HMS) Fishery Management                      on EFH, and identify actions to
                                               Examined                                                Plan (FMP). The purpose of this Draft                 encourage the conservation and
                                                                                                       Amendment is to update Atlantic HMS                   enhancement of EFH (§ 600.815(a)).
                                               A.R. Williams Materials
                                               AJU Besteel Co., Ltd.                                   Essential Fish Habitat (EFH) with recent              Federal agencies that authorize, fund, or
                                               AK Steel                                                information following the EFH                         undertake actions that may adversely
                                               BDP International                                       delineation methodology established in                affect EFH must consult with NMFS
                                               Cantak Corporation                                      Amendment 1 to the 2006 Consolidated                  (§ 600.920(a)), and NMFS must provide
                                               Daewoo International Corporation                        Atlantic HMS FMP (Amendment 1);                       comments and EFH conservation
                                               Dong-A Steel Co., Ltd.                                                                                        recommendations to Federal or state
                                                                                                       update and consider new Habitat Areas
                                               Dong Yang Steel Pipe                                                                                          agencies regarding any such actions
                                               Dongbu Incheon Steel                                    of Particular Concern (HAPCs) for
                                               Dongbu Steel Co., Ltd.                                  Atlantic bluefin tuna and sandbar,                    (§ 600.905).
                                               Dongkuk S and C                                                                                                  In addition to identifying and
                                               DSEC                                                       14 On September 21, 2016, the Department           describing EFH for managed fish
                                               EEW Korea                                               published the final results of a changed              species, a review of EFH must be
                                               Erndtebruecker Eisenwerk and Company                    circumstances review with respect to OCTG from        completed every 5 years, and EFH
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                                               GS Global                                               Korea, finding that Hyundai Steel is the successor-
                                                                                                       in-interest to Hyundai HYSCO for purposes of
                                                                                                                                                             provisions must be revised or amended,
                                               H K Steel                                                                                                     as warranted, based on the best
                                                                                                       determining antidumping duty cash deposits and
                                               Hansol Metal                                            liabilities. See Notice of Final Results of           available scientific information. NMFS
                                                                                                       Antidumping Duty Changed Circumstances Review:        announced the initiation of this review
                                                 13 See Certain Oil Country Tubular Goods From         Oil Country Tubular Goods From the Republic of
                                               the Republic of Korea: Notice of Court Decision Not     Korea, 81 FR 64873 (September 21, 2016). Hyundai
                                                                                                                                                             and solicited information for
                                               in Harmony With Final Determination, 81 FR 59603        Steel Company is also known as Hyundai Steel          compilation for the draft review from
                                               (August 30, 2016).                                      Corporation and Hyundai Steel Co. Ltd.                the public in a Federal Register notice


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Document Created: 2016-10-14 00:00:42
Document Modified: 2016-10-14 00:00:42
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
DatesEffective October 14, 2016.
ContactVictoria Cho or Deborah Scott, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 5075 or (202) 482-2657, respectively.
FR Citation81 FR 71074 

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