81 FR 89059 - Circular Welded Non-Alloy Steel Pipe 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 237 (December 9, 2016)
International Trade Administration
Federal Register Volume 81, Issue 237 (December 9, 2016)
| Page Range | 89059-89061 | |
| FR Document | 2016-29543 |
[Federal Register Volume 81, Number 237 (Friday, December 9, 2016)] [Notices] [Pages 89059-89061] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-29543] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-580-809] Circular Welded Non-Alloy Steel Pipe From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 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 circular welded non-alloy steel pipe (CWP) from the Republic of Korea (Korea). The period of review (POR) is November 1, 2014, through October 31, 2015. The Department preliminarily determines that the one individually- examined respondent in this review, Husteel Co., Ltd. (Husteel), made sales of the subject merchandise at prices below normal value, and that Hyundai Steel Company (Hyundai Steel) had no shipments of subject merchandise during the POR. Interested parties are invited to comment on these preliminary results. DATES: Effective December 9, 2016. FOR FURTHER INFORMATION CONTACT: Joseph Shuler, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-1293. [[Page 89060]] Scope of the Order The merchandise subject to the order is circular welded non-alloy steel pipe and tube. Imports of the product are currently classifiable in the Harmonized Tariff Schedule of the United States (HTSUS) under subheadings 7306.30.1000, 7306.30.5025, 7306.30.5032, 7306.30.5040, 7306.30.5055, 7306.30.5085, and 7306.30.5090. While the HTSUS subheadings are provided for convenience and customs purposes, the written description is dispositive. A full description of the scope of the order is contained in the Preliminary Decision Memorandum.\1\ --------------------------------------------------------------------------- \1\ For a full description of the scope of the order, see the Memorandum from Deputy Assistant Secretary Christian Marsh to Assistant Secretary Paul Piquado, ``Decision Memorandum for the Preliminary Results of Antidumping Duty Administrative Review: Circular Welded Non-Alloy Steel Pipe from the Republic of Korea: 2014-2015,'' dated concurrently with, and hereby adopted by this notice (Preliminary Decision Memorandum). --------------------------------------------------------------------------- Methodology The Department is conducting this review in accordance with section 751(a)(2) of the Tariff Act of 1930, as amended (the Act). Constructed export price is calculated in accordance with section 772 of the Act. Normal value is calculated in accordance with section 773 of the Act. For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. A list of topics discussed in the Preliminary Decision Memorandum is provided as Appendix I to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS) available to registered users at http://access.trade.gov and to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. Preliminary Determination of No Shipments We received a timely submission from Hyundai Steel reporting to the Department that it had no exports, sales, or entries of subject merchandise to the United States during the POR.\2\ Based on the certification submitted by Hyundai Steel and our analysis of information from U.S. Customs and Border Protection (CBP), we preliminarily determine that Hyundai Steel had no shipments of subject merchandise during the POR. For additional information on our preliminary no shipments determination, see the Preliminary Decision Memorandum. --------------------------------------------------------------------------- \2\ See Hyundai Steel's Letter to the Department, ``Certain Circular Welded Non-Alloy Steel Pipe from Korea: No Shipment Letter,'' dated February 11, 2016. --------------------------------------------------------------------------- Preliminary Results of the Administrative Review As a result of this review, we preliminarily determine that the following weighted-average dumping margins exist for the respondents for the period November 1, 2014, through October 31, 2015. The rate for the companies not selected for individual examination is equal to the weighted-average dumping margin for the selected respondent, Husteel. ------------------------------------------------------------------------ Weighted- average Producer or exporter dumping margin (percent) ------------------------------------------------------------------------ Husteel Co., Ltd............................................ 1.77 AJU Besteel................................................. 1.77 NEXTEEL..................................................... 1.77 SeAH Steel Corporation...................................... 1.77 ------------------------------------------------------------------------ Disclosure and Public Comment We intend to disclose to interested parties the calculations performed for these preliminary results within five days of the date of publication of this notice.\3\ Interested parties may submit case briefs no later than 30 days after the date of publication of the preliminary results.\4\ Rebuttal briefs, limited to the issues raised in the case briefs, may be filed no later than five days after the submission of case briefs.\5\ Parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.\6\ --------------------------------------------------------------------------- \3\ See 19 CFR 351.224(b). \4\ See 19 CFR 351.309(c)(1)(ii). \5\ See 19 CFR 351.309(d)(1). \6\ See 19 CFR 351.309(c)(2) and (d)(2). --------------------------------------------------------------------------- Interested parties who wish to request a hearing, must submit a written request to the Assistant Secretary for Enforcement and Compliance, filed electronically via ACCESS. An electronically filed document must be received successfully in its entirety by the Department's electronic records system, ACCESS, no later than 5:00 p.m. Eastern Time within 30 days of publication of this notice.\7\ Hearing requests should contain: (1) The party's name, address, and telephone number; (2) the number of participants; and (3) a list of the 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, unless extended, pursuant to section 751(a)(3)(A) of the Act. --------------------------------------------------------------------------- \7\ See 19 CFR 351.310(c). --------------------------------------------------------------------------- Assessment Rates If Husteel's weighted-average dumping margin is above de minimis in the final results of this review, we will calculate an importer- specific assessment rate on the basis of the ratio of the total amount of antidumping duties calculated for the importer's examined sales and the total entered value of the sales in accordance with 19 CFR 351.212(b)(1).\8\ If Husteel's weighted-average dumping margin is zero or de minimis in the final results of reviews, we will instruct CBP not to assess duties on any of its entries in accordance with the Final Modification for Reviews.\9\ --------------------------------------------------------------------------- \8\ In these preliminary results, the Department applied the assessment rate calculation method adopted in Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Duty Proceedings; Final Modification, 77 FR 8101 (February 14, 2012) (Final Modification for Reviews). \9\ See Final Modification for Reviews, 77 FR at 8102. --------------------------------------------------------------------------- For entries of subject merchandise during the POR produced by Husteel for which it did not know its merchandise was destined for the United States, we will instruct CBP to liquidate unreviewed entries at the all-others rate if there is no rate for the intermediate companies involved in the transaction. Consistent with our practice, if we continue to find that Hyundai Steel had no shipments of subject merchandise to the United States in the final results of this review, we intend to instruct CBP to liquidate any existing entries of merchandise produced by Hyundai Steel and exported by other parties at the all-others rate. For AJU Besteel, NEXTEEL, and SeAH Steel Corporation (the companies not selected for individual examination), we will instruct CBP to apply the rate assigned to them in the final results of this review to all entries of subject merchandise produced and/or exported by these companies. We intend to issue liquidation instructions to CBP 15 days after [[Page 89061]] publication of the final results of these reviews. Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the notice of final results of this administrative review for all shipments of CWP from Korea entered, or withdrawn from warehouse, for consumption on or after the date of publication as provided by section 751(a)(2) of the Act: (1) The cash deposit rates for Husteel, AJU Besteel, NEXTEEL, and SeAH Steel Corporation will be equal to the weighted-average dumping margins established in the final results of this administrative review; (2) for merchandise exported by producers or exporters not covered in this review but covered in a prior completed segment of the proceeding, the cash deposit rate will continue to be the company-specific rate published for the most recent period; (3) if the exporter is not a firm covered in this review, a prior review, or the original investigation but the producer has been covered in a prior complete segment of this proceeding, the cash deposit rate will be the rate established for the most recent period for the producer of the merchandise; (4) the cash deposit rate for all other producers or exporters will continue to be 4.80 percent, the ``all others'' rate established in the order.\10\ These cash deposit requirements, when imposed, shall remain in effect until further notice. --------------------------------------------------------------------------- \10\ See Notice of Antidumping Duty Orders: Certain Circular Welded Non-Alloy Steel Pipe from Brazil, the Republic of Korea (Korea), Mexico, and Venezuela, and Amendment to Final Determination of Sales at Less Than Fair Value: Certain Circular Welded Non-Alloy Steel Pipe from Korea, 57 FR 49453 (November 2, 1992). --------------------------------------------------------------------------- Notification to Importers This notice serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. The Department is issuing and publishing these preliminary results in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: December 6, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix I--List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Preliminary Determination of No Shipments V. Rates for Respondents Not Selected for Invididual Examination VI. Discussion of The Methodology A. Determination of Comparison Method B. Results of the Differential Pricing Analysis VII. Date of Sale VIII. Product Comparisons IX. Constructed Export Price X. Normal Value A. Comparison Market Viability B. Affiliated Party Transactions and Arm's Length Test C. Level of Trade/CEP Offset D. Cost of Production Analysis 1. Calculation of Cost of Production 2. Test of Comparison Market Sales Prices 3. Results of the COP Test E. Calculation of Normal Value Based on Comparison Market Prices XI. Currency Conversion XII. Recommendation [FR Doc. 2016-29543 Filed 12-8-16; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 81, No. 237 / Friday, December 9, 2016 / Notices 89059
Disclosure and Public Comment Dated: December 5, 2016. 10. Incentives for Research & Development
Paul Piquado, (R&D) Activities
We will disclose to the parties in this Assistant Secretary for Enforcement and a. Tax Breaks and Other Assistance
proceeding the calculations performed Compliance. b. Product Development R&D Support—
in reaching the preliminary results UFT
within five days of the date of Appendix—List of Topics Discussed in 11. Regional Development Subsidies
the Preliminary Decision Memorandum a. Provision of Land for LTAR
publication of this notice.8 Interested b. Provision of Electricity for LTAR
parties may submit written arguments I. Summary c. Withholding of Income Tax on Wages
(case briefs) on the preliminary results II. Background and Salaries
no later than 30 days from the date of III. Scope of the Order d. Exemption From Property Tax
IV. Subsidies Valuation Information e. Employers’ Share in Insurance
publication of this Federal Register
V. Analysis of Programs Premiums
notice, and rebuttal comments (rebuttal A. Program Preliminarily Determined To
briefs) within five days after the time f. Preferential Tax Benefits for Turkish
Be Countervailable Rebar Producers Located in Free Zones
limit for filing the case briefs.9 Pursuant 1. Rediscount Program g. Preferential Lending to Turkish Rebar
to 19 CFR 351.309(d)(2), rebuttal briefs B. Programs Preliminarily Determined To Producers Located in Free Zones
must be limited to issues raised in the Not Be Countervailable h. Exemptions From Foreign Exchange
case briefs. Parties who submit 1. Assistance to Offset Costs Related to AD/ Restrictions to Turkish Rebar Producers
CVD Investigations Located in Free Zones
arguments are requested to submit with 2. Purchase of Electricity for More Than
the argument: (1) Statement of the issue; i. Preferential Rates for Land Rent and
Adequate Remuneration (MTAR)—Sales Purchase to Turkish Rebar Producers
(2) a brief summary of the argument; on the Grid Located in Free Zones
and (3) a table of authorities. C. Program Preliminarily Determined To VI. Conclusion
Not Be Countervailable for a Respondent
Interested parties who wish to request 1. Provision of Natural Gas for Less Than [FR Doc. 2016–29572 Filed 12–8–16; 8:45 am]
a hearing, or to participate if one is Adequate Remuneration (LTAR) BILLING CODE 3510–DS–P
requested, must submit a written D. Program for Which Additional
request within 30 days after the date of Information Is Required
publication of this notice.10 Requests 1. Purchase of Electricity for MTAR—Sales DEPARTMENT OF COMMERCE
should contain the party’s name, to Public Buyers
E. Programs Preliminarily Determined To International Trade Administration
address, and telephone number, the
Not Confer Countervailable Benefits
number of participants, and a list of the 1. Reduction and Exemption of Licensing
issues to be discussed. If the Department Fees for Renewable Resource Power [A–580–809]
receives a request for a hearing, we will Plants
inform parties of the scheduled date for 2. Investment Incentive Certificates Circular Welded Non-Alloy Steel Pipe
F. Programs Preliminarily Determined To From the Republic of Korea:
the hearing, which will be held at the
Not Be Used Preliminary Results of Antidumping
main Department of Commerce building
1. Purchase of Electricity for MTAR—Sales Duty Administrative Review; 2014–
at a time and location to be via Build-Operate-Own, Build-Operate- 2015
determined.11 Parties should confirm by Transfer, and Transfer of Operating
telephone the date, time, and location of Rights Contracts AGENCY: Enforcement and Compliance,
the hearing. 2. Provision of Lignite for LTAR International Trade Administration,
3. Purchase of Electricity Generated from Department of Commerce.
Parties are reminded that briefs and
Renewable Resources for MTAR
hearing requests are to be filed 4. Deductions from Taxable Income for SUMMARY: The Department of Commerce
electronically using ACCESS and that Export Revenue (the Department) is conducting an
electronically filed documents must be 5. Research and Development Grant administrative review of the
received successfully in their entirety by Program antidumping duty order on circular
5:00 p.m. Eastern Time on the due date. 6. Export Credits, Loans, and Insurance
from Turk Eximbank
welded non-alloy steel pipe (CWP) from
Unless the deadline is extended a. Pre-Shipment Export Credits the Republic of Korea (Korea). The
pursuant to section 751(a)(3)(A) of the b. Foreign Trade Company Export Loans period of review (POR) is November 1,
Act, we intend to issue the final results c. Pre-Export Credits 2014, through October 31, 2015. The
of this administrative review, including d. Short-Term Export Credit Discount Department preliminarily determines
the results of our analysis of the issues Program that the one individually-examined
e. Export Insurance respondent in this review, Husteel Co.,
raised by parties in their comments,
7. Regional Investment Incentives Ltd. (Husteel), made sales of the subject
within 120 days after publication of a. VAT and Customs Duty Exemptions
these preliminary results. merchandise at prices below normal
b. Income Tax Reductions
c. Social Security Support
value, and that Hyundai Steel Company
Notification to Interested Parties d. Land Allocation (Hyundai Steel) had no shipments of
8. Large-Scale Investment Incentives subject merchandise during the POR.
These preliminary results of review Interested parties are invited to
a. VAT and Customs Duty Exemptions
are issued and published in accordance b. Tax Reduction comment on these preliminary results.
with sections 751(a)(1) and 777(i)(1) of c. Income Tax Withholding Allowance
the Act and 19 CFR 351.213 and d. Social Security and Interest Support DATES: Effective December 9, 2016.
mstockstill on DSK3G9T082PROD with NOTICES
351.221(b)(4). e. Land Allocation FOR FURTHER INFORMATION CONTACT:
9. Strategic Investment Incentives Joseph Shuler, AD/CVD Operations,
a. VAT and Customs Duty Exemptions
8 See 19 CFR 351.224(b). b. Tax Reduction
Office I, Enforcement and Compliance,
9 See 19 CFR 351.309(c)(1)(ii); 351.309(d)(1); and
c. Income Tax Withholding Allowance International Trade Administration,
19 CFR 351.303 (for general filing requirements). d. Social Security and Interest Support U.S. Department of Commerce, 1401
10 See 19 CFR 351.310(c).
e. Land Allocation Constitution Avenue NW., Washington,
11 See 19 CFR 351.310. f. VAT Refunds DC 20230; telephone (202) 482–1293.
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![Federal Register / Vol. 81, No. 237 / Friday, December 9, 2016 / Notices 89061
publication of the final results of these Dated: December 6, 2016. FOR FURTHER INFORMATION CONTACT:
reviews. Paul Piquado, Andrew Huston, AD/CVD Operations,
Assistant Secretary for Enforcement and Office VII, Enforcement and
Cash Deposit Requirements Compliance. Compliance, International Trade
The following cash deposit Administration, U.S. Department of
Appendix I—List of Topics Discussed in
requirements will be effective upon Commerce, 1401 Constitution Avenue
the Preliminary Decision Memorandum
publication of the notice of final results NW., Washington, DC 20230; telephone:
I. Summary (202) 482–4261.
of this administrative review for all II. Background
shipments of CWP from Korea entered, III. Scope of the Order SUPPLEMENTARY INFORMATION:
or withdrawn from warehouse, for IV. Preliminary Determination of No Scope of the Order
consumption on or after the date of Shipments
publication as provided by section V. Rates for Respondents Not Selected for The merchandise subject to the order
751(a)(2) of the Act: (1) The cash deposit Invididual Examination is polyethylene terephthalate film. The
VI. Discussion of The Methodology product is currently classified under the
rates for Husteel, AJU Besteel, A. Determination of Comparison Method
NEXTEEL, and SeAH Steel Corporation B. Results of the Differential Pricing
following Harmonized Tariff Schedule
will be equal to the weighted-average Analysis of the United States (HTSUS)
dumping margins established in the VII. Date of Sale subheading: 3920.62.00.90. Although
final results of this administrative VIII. Product Comparisons the HTSUS number is provided for
review; (2) for merchandise exported by IX. Constructed Export Price convenience and for customs purposes,
X. Normal Value the written product description,
producers or exporters not covered in
A. Comparison Market Viability available in the Preliminary Decision
this review but covered in a prior B. Affiliated Party Transactions and Arm’s
completed segment of the proceeding, Memorandum, remains dispositive.1
Length Test
the cash deposit rate will continue to be C. Level of Trade/CEP Offset Methodology
the company-specific rate published for D. Cost of Production Analysis
the most recent period; (3) if the 1. Calculation of Cost of Production The Department is conducting this
exporter is not a firm covered in this 2. Test of Comparison Market Sales Prices review in accordance with section
3. Results of the COP Test 751(a) of the Tariff Act of 1930, as
review, a prior review, or the original E. Calculation of Normal Value Based on amended (the Act). Export price is
investigation but the producer has been Comparison Market Prices calculated in accordance with section
covered in a prior complete segment of XI. Currency Conversion 772 of the Act. Normal value is
this proceeding, the cash deposit rate XII. Recommendation
calculated in accordance with section
will be the rate established for the most [FR Doc. 2016–29543 Filed 12–8–16; 8:45 am] 773 of the Act.
recent period for the producer of the BILLING CODE 3510–DS–P
For a full description of the
merchandise; (4) the cash deposit rate
methodology underlying our
for all other producers or exporters will
DEPARTMENT OF COMMERCE conclusions, see the Preliminary
continue to be 4.80 percent, the ‘‘all Decision Memorandum, which is hereby
others’’ rate established in the order.10 adopted by this notice.2 A list of topics
These cash deposit requirements, when International Trade Administration
included in the Preliminary Decision
imposed, shall remain in effect until Memorandum is included as an
further notice. [A–520–803]
Appendix to this notice. The
Notification to Importers Polyethylene Terephthalate Film, Preliminary Decision Memorandum is
Sheet, and Strip From the United Arab on file electronically via Enforcement
This notice serves as a preliminary Emirates: Preliminary Results of and Compliance’s Antidumping and
reminder to importers of their Antidumping Duty Administrative Countervailing Duty Centralized
responsibility under 19 CFR Review; 2014–2015 Electronic Service System (ACCESS).
351.402(f)(2) to file a certificate ACCESS is available to registered users
regarding the reimbursement of AGENCY: Enforcement and Compliance, at http://access.trade.gov and in the
antidumping duties prior to liquidation International Trade Administration, Central Records Unit in Room B8024 of
of the relevant entries during this Department of Commerce. the main Commerce building. In
review period. Failure to comply with SUMMARY: The Department of Commerce addition, a complete version of the
this requirement could result in the (the Department) is conducting an Preliminary Decision Memorandum can
Secretary’s presumption that administrative review of the be accessed directly on the Internet at
reimbursement of antidumping duties antidumping duty order on http://enforcement.trade.gov/frn/. The
occurred and the subsequent assessment polyethylene terephthalate film, sheet, signed Preliminary Decision
and strip (PET Film) from the United Memorandum and electronic versions of
of double antidumping duties.
Arab Emirates (UAE). The period of the Preliminary Decision Memorandum
The Department is issuing and review (POR) is November 1, 2014, are identical in content.
publishing these preliminary results in through October 31, 2015. The review
accordance with sections 751(a)(1) and covers one producer/exporter of the 1 See the Memorandum from Christian Marsh,
777(i)(1) of the Act. subject merchandise, JBF RAK LLC Deputy Assistant Secretary for Antidumping and
mstockstill on DSK3G9T082PROD with NOTICES
(JBF). The Department preliminarily Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and
10 See Notice of Antidumping Duty Orders: determines that sales of subject Compliance, ‘‘Decision Memorandum for the
Certain Circular Welded Non-Alloy Steel Pipe from merchandise have been made below Preliminary Results of Antidumping Duty
Brazil, the Republic of Korea (Korea), Mexico, and normal value by JBF. Interested parties Administrative Review: Polyethylene Terephthalate
Venezuela, and Amendment to Final Determination Film, Sheet, and Strip from the United Arab
are invited to comment on these
of Sales at Less Than Fair Value: Certain Circular Emirates’’ (Preliminary Decision Memorandum),
Welded Non-Alloy Steel Pipe from Korea, 57 FR preliminary results. dated concurrently with this notice.
49453 (November 2, 1992). DATES: Effective December 9, 2016. 2 Id.
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Document Created: 2018-02-14 09:03:48
Document Modified: 2018-02-14 09:03:48
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective December 9, 2016. | |
| Contact | Joseph Shuler, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-1293. Scope of the Order | |
| FR Citation | 81 FR 89059 |
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