82 FR 57583 - Circular Welded Non-Alloy Steel Pipe From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2015-2016
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 233 (December 6, 2017)
International Trade Administration
Federal Register Volume 82, Issue 233 (December 6, 2017)
| Page Range | 57583-57585 | |
| FR Document | 2017-26296 |
[Federal Register Volume 82, Number 233 (Wednesday, December 6, 2017)] [Notices] [Pages 57583-57585] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-26296] ----------------------------------------------------------------------- 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; 2015- 2016 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, 2015, through October 31, 2016. The Department preliminarily determines that the producers/exporters subject to this review made sales of subject merchandise at less than normal value. We invite interested parties to comment on these preliminary results. DATES: Applicable December 6, 2017. FOR FURTHER INFORMATION CONTACT: Andre Gziryan or Thomas Schauer, 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) 482-2201 or (202) 482- 0410, respectively. 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 Memorandum, ``Decision Memorandum for the Preliminary Results of Antidumping Duty Administrative Review: Circular Welded Non-Alloy Steel Pipe from the Republic of Korea: 2015-2016,'' dated concurrently with, and hereby adopted by this notice (Preliminary Decision Memorandum). --------------------------------------------------------------------------- Methodology The Department conducted this review in accordance with section 751 of the Tariff Act of 1930, as amended (the Act). Constructed export price is [[Page 57584]] 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 to all parties in the Department's Central Records Unit, located at 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. Preliminary Results of the Administrative Review We preliminarily determine that the following weighted-average dumping margins exist for the respondents for the period November 1, 2015, through October 31, 2016.\2\ --------------------------------------------------------------------------- \2\ In the initiation notice, we initiated reviews of both Hyundai HYSCO and Hyundai Steel Company but stated that Hyundai Steel Company is the successor-in-interest to Hyundai HYSCO. See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 82 FR 4294, 4296 (January 13, 2017). ------------------------------------------------------------------------ Weighted- average Producer/exporter dumping margin (percent) ------------------------------------------------------------------------ AJU Besteel............................................. 23.17 Husteel Co., Ltd........................................ 8.18 Hyundai Steel Company................................... 38.16 NEXTEEL................................................. 23.17 SeAH Steel Corporation.................................. 23.17 ------------------------------------------------------------------------ Disclosure and Public Comment We intend to disclose the calculations performed for these preliminary results to the parties within five days after public announcement of the preliminary results in accordance with 19 CFR 351.224(b). Pursuant to 19 CFR 351.309(c), interested parties may submit case briefs not 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 not later than five days after the date for filing case briefs.\3\ 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.\4\ --------------------------------------------------------------------------- \3\ See 19 CFR 351.309(d). \4\ 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 ACCESS. An electronically filed document must be received successfully in its entirety by the Department's electronic records system, ACCESS, by 5:00 p.m. Eastern Time within 30 days after the date of publication of this notice.\5\ 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 will 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. --------------------------------------------------------------------------- \5\ See 19 CFR 351.310(c). --------------------------------------------------------------------------- Assessment Rates If a respondent'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).\6\ If the respondent's weighted-average dumping margin is zero or de minimis in the final results of reviews, we will instruct U.S. Customs and Border Protection (CBP) not to assess duties on any of its entries in accordance with the Final Modification for Reviews.\7\ --------------------------------------------------------------------------- \6\ 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). \7\ See Final Modification for Reviews, 77 FR at 8102. --------------------------------------------------------------------------- For entries of subject merchandise during the POR produced by Husteel Co., Ltd. or Hyundai Steel Company for which they did not know their 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 company(ies) involved in the transaction. For the companies which were not selected for individual examination, AJU Besteel, NEXTEEL, and SeAH Steel Corporation, we will instruct CBP to apply the rates listed above to all entries of subject merchandise produced and/or exported by these firms. We intend to issue liquidation instructions to CBP 15 days after publication of the final results of this review. Cash Deposit Requirements The following deposit requirements will be effective upon publication of the notice of final results of this review for all shipments of CWP from Korea entered, or withdrawn from warehouse, for consumption on or after the date of publication as provided by section 751(a)(2) of the Act: (1) The cash deposit rate for companies subject to this review will be the rates established in the final results of the 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 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 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,\8\ the all-others rate established in the less-than-fair-value investigation, adjusted for the export-subsidy rate in the companion countervailing duty investigation. --------------------------------------------------------------------------- \8\ 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). --------------------------------------------------------------------------- These cash deposit requirements, when imposed, shall remain in effect until further notice. 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. The Department is issuing and publishing these results in accordance [[Page 57585]] with sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.221(b)(4). Dated: November 30, 2017. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Rates for Respondents Not Selected for Individual Examination V. Discussion of the Methodology (1) Comparisons to Normal Value A. Determination of Comparison Method B. Results of the Differential Pricing Analysis VI. Date of Sale VII. Product Comparisons VIII. Constructed Export Price IX. Normal Value A. Particular Market Situation 1. Background 2. Analysis B. Comparison Market Viability C. Affiliated Party Transactions and Arm's-Length Test D. Level of Trade/CEP Offset E. Overrun Sales F. Cost of Production 1. Calculation of Cost of Production 2. Test of Comparison Market Sales Prices 3. Results of the COP Test G. Calculation of Normal Value Based on Comparison Market Prices X. Currency Conversion XI. Recommendation [FR Doc. 2017-26296 Filed 12-5-17; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 82, No. 233 / Wednesday, December 6, 2017 / Notices 57583
antidumping investigation.10 These cash raised by the parties in their case briefs, DEPARTMENT OF COMMERCE
deposit requirements, when imposed, within 120 days after issuance of these
shall remain in effect until further preliminary results.16 International Trade Administration
notice. [A–580–809]
Notification to Importers
Disclosure and Public Comment This notice serves as a preliminary Circular Welded Non-Alloy Steel Pipe
The Department will disclose to reminder to importers of their From the Republic of Korea:
parties to this proceeding the responsibility under 19 CFR Preliminary Results of Antidumping
calculations performed in reaching the 351.402(f)(2) to file a certificate Duty Administrative Review; 2015–
preliminary results within five days of regarding the reimbursement of 2016
the date of publication of these antidumping duties prior to liquidation
preliminary results.11 Pursuant to 19 of the relevant entries during this AGENCY: Enforcement and Compliance,
CFR 351.309(c), interested parties may review period. Failure to comply with International Trade Administration,
submit cases briefs not later than 30 this requirement could result in the Department of Commerce.
days after the date of publication of this Secretary’s presumption that SUMMARY: The Department of Commerce
notice. Rebuttal briefs, limited to issues reimbursement of antidumping duties (the Department) is conducting an
raised in the case briefs, may be filed occurred and increase the subsequent administrative review of the
not later than five days after the date for assessment of the antidumping duties antidumping duty order on circular
filing case briefs.12 Parties who submit by the amount of antidumping duties welded non-alloy steel pipe (CWP) from
comments are requested to submit: (1) A reimbursed. the Republic of Korea (Korea). The
statement of the issue; (2) a brief period of review (POR) is November 1,
Notification to Interested Parties 2015, through October 31, 2016. The
summary of the argument; and (3) a
table of authorities.13 All briefs must be These preliminary results of review Department preliminarily determines
filed electronically using ACCESS. An are issued and published in accordance that the producers/exporters subject to
electronically filed document must be with sections 751(a)(1) and 777(i)(1) of this review made sales of subject
received successfully in its entirety by the Act, and 19 CFR 351.221(b)(4). merchandise at less than normal value.
the Department’s electronic records Dated: November 30, 2017. We invite interested parties to comment
system, ACCESS. Gary Taverman, on these preliminary results.
Interested parties who wish to request Deputy Assistant Secretary for Antidumping DATES: Applicable December 6, 2017.
a hearing must submit a written request and Countervailing Duty Operations, FOR FURTHER INFORMATION CONTACT:
to the Assistant Secretary for performing the non-exclusive functions and Andre Gziryan or Thomas Schauer, AD/
Enforcement and Compliance, U.S. duties of the Assistant Secretary for CVD Operations, Office I, Enforcement
Department of Commerce, using Enforcement and Compliance. and Compliance, International Trade
Enforcement and Compliance’s ACCESS Administration, U.S. Department of
Appendix
system, and an electronically filed Commerce, 1401 Constitution Avenue
request must be received successfully in List of Topics Discussed in the Preliminary NW., Washington DC 20230; telephone
its entirety by ACCESS by 5:00 p.m. Decision Memorandum
(202) 482–2201 or (202) 482–0410,
Eastern Standard Time, within 30 days 1. Summary respectively.
of publication of this notice.14 Requests 2. Background
should contain the party’s name, 3. Extension of Preliminary Results Scope of the Order
4. Scope of the Order
address, and telephone number, the 5. Duty Absorption
The merchandise subject to the order
number of participants, and a list of the 6. Allegation of Particular Market Situation is circular welded non-alloy steel pipe
issues to be discussed. If a request for 7. Margin for Companies Not Selected for and tube. Imports of the product are
a hearing is made, we will inform Individual Examination currently classifiable in the Harmonized
parties of the scheduled date for the 8. Preliminary Determination of No Tariff Schedule of the United States
hearing which will be held at the U.S. Shipments (HTSUS) under subheadings
Department of Commerce, 1401 9. Discussion of Methodology 7306.30.1000, 7306.30.5025,
Constitution Avenue NW., Washington, Date of Sale 7306.30.5032, 7306.30.5040,
Comparisons to Normal Value
DC 20230, at a time and location to be Product Comparisons 7306.30.5055, 7306.30.5085, and
determined.15 Parties should confirm by Determination of Comparison Method 7306.30.5090. While the HTSUS
telephone the date, time, and location of Results of the Differential Pricing Analysis subheadings are provided for
the hearing two days before the Constructed Export Price convenience and customs purposes, the
scheduled date. Normal Value written description is dispositive. A full
Unless the deadline is extended A. Home Market Viability description of the scope of the order is
pursuant to section 751(a)(3)(A) of the B. Level of Trade contained in the Preliminary Decision
Act and 19 CFR 213(h)(2), the C. Sales to Affiliated Customers
D. Cost of Production Analysis
Memorandum.1
Department will issue the final results 1. Calculation of Cost of Production (COP)
of this administrative review, including Methodology
2. Test of Home Market Prices
the results of our analysis of the issues 3. Results of the COP Test The Department conducted this
E. Calculation of Normal Value Based on review in accordance with section 751
10 See Steel Concrete Reinforcing Bar from Comparison Market Prices of the Tariff Act of 1930, as amended
Mexico: Final Determination of Sales at Less Than F. Currency Conversion (the Act). Constructed export price is
daltland on DSKBBV9HB2PROD with NOTICES
Fair Value and Final Affirmative Determination of Currency Conversion
Critical Circumstances, 79 FR 54967 (September 15, 10. Recommendation 1 For a full description of the scope of the order,
2014).
11 See 19 CFR 351.224(b). [FR Doc. 2017–26295 Filed 12–5–17; 8:45 am] see Memorandum, ‘‘Decision Memorandum for the
12 See 19 CFR 351.309(d).
Preliminary Results of Antidumping Duty
BILLING CODE 3510–DS–P
Administrative Review: Circular Welded Non-Alloy
13 See 19 CFR 351.309(c)(2) and (d)(2).
Steel Pipe from the Republic of Korea: 2015–2016,’’
14 See 19 CFR 351.310(c). 16 See section 75l(a)(3)(A) of the Act and 19 CFR dated concurrently with, and hereby adopted by
15 See 19 CFR 351.310. 351.213(h). this notice (Preliminary Decision Memorandum).
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![Federal Register / Vol. 82, No. 233 / Wednesday, December 6, 2017 / Notices 57585
with sections 751(a)(1) and 777(i) of the companies covered by this review made POR.4 Further, consistent with our
Act and 19 CFR 351.221(b)(4). sales of subject merchandise at less than practice, we find that it is not
Dated: November 30, 2017. normal value. Interested parties are appropriate to rescind the review with
Gary Taverman, invited to comment on these respect to these companies but, rather,
preliminary results. to complete the review and issue
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations, DATES: Applicable December 6, 2017. appropriate instructions to CBP based
performing the non-exclusive functions and on the final results of review.5
FOR FURTHER INFORMATION CONTACT:
duties of the Assistant Secretary for Yang Jin Chun or Bryan Hansen, AD/ Separate Rates
Enforcement and Compliance. CVD Operations, Office I, Enforcement The Department preliminarily
Appendix and Compliance, International Trade determines that 20 respondents are
Administration, U.S. Department of eligible to receive separate rates in this
List of Topics Discussed in the Preliminary
Decision Memorandum Commerce, 1401 Constitution Avenue review.6
NW., Washington, DC 20230; telephone:
I. Summary Separate Rates for Eligible Non-
(202) 482–5760 and (202) 482–3683,
II. Background
respectively. Selected Respondents
III. Scope of the Order
IV. Rates for Respondents Not Selected for Scope of the Order In accordance with the U.S. Court of
Individual Examination Appeals for the Federal Circuit’s
V. Discussion of the Methodology The merchandise subject to the order decision in Albemarle Corp. v. United
(1) Comparisons to Normal Value is diamond sawblades and parts thereof. States,7 we assigned to eligible non-
A. Determination of Comparison Method The diamond sawblades subject to the selected respondents the separate rate
B. Results of the Differential Pricing order are currently classifiable under
Analysis we assigned to Chengdu Huifeng
subheadings 8202 to 8206 of the Diamond Tools Co., Ltd.8 and the
VI. Date of Sale Harmonized Tariff Schedule of the
VII. Product Comparisons Jiangsu Fengtai Single Entity 9 for the
VIII. Constructed Export Price
United States (HTSUS), and may also preliminary results of this review.10
IX. Normal Value enter under 6804.21.00. While the
A. Particular Market Situation HTSUS subheadings are provided for PRC-Wide Entity
1. Background convenience and customs purposes, the The Department’s change in policy
2. Analysis written description is dispositive. A full regarding conditional review of the
B. Comparison Market Viability description of the scope of the order is PRC-wide entity applies to this
C. Affiliated Party Transactions and Arm’s- contained in the Preliminary Decision administrative review.11 Under this
Length Test Memorandum.1
D. Level of Trade/CEP Offset
policy, the PRC-wide entity will not be
E. Overrun Sales Preliminary Determination of No under review unless a party specifically
F. Cost of Production Shipments requests, or the Department self-
1. Calculation of Cost of Production initiates, a review of the entity. Because
2. Test of Comparison Market Sales Prices Ten companies that received a no party requested a review of the PRC-
3. Results of the COP Test separate rate in previous segments of the wide entity in this review, the entity is
G. Calculation of Normal Value Based on proceeding and are subject to this not under review and the entity’s rate is
Comparison Market Prices review reported that they did not have
X. Currency Conversion any exports of subject merchandise 4 See Preliminary Decision Memorandum at 3–4
XI. Recommendation during the POR.2 We requested that CBP for more explanation. See also the preliminary
[FR Doc. 2017–26296 Filed 12–5–17; 8:45 am] report any information contrary to these separate rate denial memorandum for Qingdao
Hyosung Diamond Tools Co., Ltd., dated
BILLING CODE 3510–DS–P claims of no shipments.3 To date, we concurrently with this notice for more details
have not received any contrary containing business proprietary information.
information from either CBP in response 5 See, e.g., Wooden Bedroom Furniture from the
DEPARTMENT OF COMMERCE to our inquiry or any other sources that People’s Republic of China: Final Results and Final
nine of these companies had any Rescission, In Part, of Administrative Review and
International Trade Administration Final Results of New Shipper Review; 2013, 80 FR
shipments of the subject merchandise 34619 (June 17, 2015).
[A–570–900] sold to the United States during the 6 See Preliminary Decision Memorandum at 4–8,
for more details.
7 See Albemarle Corp. & Subsidiaries v. United
Diamond Sawblades and Parts Thereof 1 See the Memorandum, ‘‘Diamond Sawblades
and Parts Thereof from the People’s Republic of States, 821 F.3d 1345 (Fed. Cir. 2016).
From the People’s Republic of China: 8 In a separate changed-circumstances review, we
China: Decision Memorandum for Preliminary
Preliminary Results of Antidumping Results of Antidumping Duty Administrative preliminarily found that Chengdu Huifeng New
Duty Administrative Review; 2015– Review; 2015–2016,’’ dated concurrently with and Material Technology Co., Ltd. is the successor-in-
2016 hereby adopted by this notice (Preliminary Decision interest to Chengdu Huifeng Diamond Tools Co.,
Memorandum). Ltd.. See Diamond Sawblades and Parts Thereof
AGENCY: Enforcement and Compliance, 2 See the February 6, 2017, no-shipment letters from the People’s Republic of China: Initiation and
from Danyang City Ou Di Ma Tools Co., Ltd., Preliminary Results of Antidumping Duty Changed
International Trade Administration, Circumstances Review, 82 FR 51605 (November 7,
Danyang Like Tools Manufacturing Co., Ltd.,
Department of Commerce. Jiangsu Huachang Tools Manufacturing Co., Ltd., 2017).
SUMMARY: The Department of Commerce Orient Gain International Limited, Qingdao 9 Jiangsu Fengtai Diamond Tool Manufacture Co.,
(the Department) is conducting an Hyosung Diamond Tools Co., Ltd., and Sino Tools Ltd., Jiangsu Fengtai Tools Co., Ltd., and Jiangsu
Co., Ltd., the February 7, 2017, no-shipment letter Fengtai Sawing Industry Co., Ltd., comprise the
administrative review of the
daltland on DSKBBV9HB2PROD with NOTICES
from Qingdao Shinhan Diamond Industrial Co., Jiangsu Fengtai Single Entity. See Preliminary
antidumping duty order on diamond Ltd., the February 10, 2017, no-shipment letters Decision Memorandum at 2, n. 5.
sawblades and parts thereof (diamond from Danyang Tsunda Diamond Tools Co., Ltd., and 10 See Preliminary Decision Memorandum at 8.
sawblades) from the People’s Republic Jiangsu Inter-China Group Corporation, and the 11 See Antidumping Proceedings: Announcement
of China (the PRC). The period of review February 21, 2017, no-shipment letter from of Change in Department Practice for Respondent
Danyang Hantronic Import & Export Co., Ltd. Selection in Antidumping Duty Proceedings and
(POR) is November 1, 2015, through 3 See CBP message numbers 7167307–7167315 Conditional Review of the Nonmarket Economy
October 31, 2016. The Department has and 7167318 dated June 16, 2017, available at Entity in NME Antidumping Duty Proceedings, 78
preliminarily determined that certain http://adcvd.cbp.dhs.gov/adcvdweb/. FR 65963 (November 4, 2013).
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Document Created: 2017-12-06 00:22:09
Document Modified: 2017-12-06 00:22:09
| 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 | Applicable December 6, 2017. | |
| Contact | Andre Gziryan or Thomas Schauer, 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) 482-2201 or (202) 482- 0410, respectively. | |
| FR Citation | 82 FR 57583 |
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