83_FR_51639 83 FR 51442 - Certain Oil Country Tubular Goods From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2016-2017

83 FR 51442 - Certain Oil Country Tubular Goods From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2016-2017

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 197 (October 11, 2018)

Page Range51442-51444
FR Document2018-22128

The Department of Commerce (Commerce) preliminarily determines that NEXTEEL Co., Ltd. (NEXTEEL) and SeAH Steel Corporation (SeAH) sold certain oil country tubular goods (OCTG) from the Republic of Korea (Korea) in the United States at prices below normal value during the period of review (POR) September 1, 2016, through August 31, 2017. Interested parties are invited to comment on these preliminary results.

Federal Register, Volume 83 Issue 197 (Thursday, October 11, 2018)
[Federal Register Volume 83, Number 197 (Thursday, October 11, 2018)]
[Notices]
[Pages 51442-51444]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-22128]


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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; 2016-
2017

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that NEXTEEL Co., Ltd. (NEXTEEL) and SeAH Steel Corporation (SeAH) sold 
certain oil country tubular goods (OCTG) from the Republic of Korea 
(Korea) in the United States at prices below normal value during the 
period of review (POR) September 1, 2016, through August 31, 2017. 
Interested parties are invited to comment on these preliminary results.

DATES: Applicable: October 11, 2018.

FOR FURTHER INFORMATION CONTACT: Mike Heaney or Erin Kearney, AD/CVD 
Operations, Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4475 or (202) 482-0167, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    We published the initiation of this administrative review on 
November 13, 2017.\1\ We selected NEXTEEL and SeAH as the two mandatory 
respondents in this review. For a detailed description of the events 
that followed the initiation of this review, see the Preliminary 
Decision Memorandum, dated concurrently with these preliminary results 
and hereby adopted by this notice.\2\
---------------------------------------------------------------------------

    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 82 FR 52268 (November 13, 2017).
    \2\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the 2016-2017 Administrative Review of the Antidumping 
Duty Order on Certain Oil Country Tubular Goods from the Republic of 
Korea,'' dated October 3, 2018 (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

    The Preliminary Decision Memorandum is a public document and is on 
file electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
Access to ACCESS is available to registered users at https://access.trade.gov/login.aspx and is available to all parties in the 
Central Records Unit, Room B8024 of the main Commerce building. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly on the internet at https://enforcement.trade.gov/frn/index.html. A list of the topics discussed in the Preliminary 
Decision Memorandum is attached to this notice as Appendix 1. The 
signed Preliminary Decision Memorandum and the electronic version of 
the Preliminary Decision Memorandum are identical in content.

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 the full text of the 
scope of the order, see the Preliminary Decision Memorandum.

Methodology

    Commerce 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

[[Page 51443]]

conclusions, see the Preliminary Decision Memorandum.

Preliminary Determination of No Shipments

    Among the companies under review, Samsung, Samsung C and T 
Corporation (Samsung C&T), and SeAH Besteel Corporation (SeAH Besteel) 
properly filed certifications reporting that they had no exports, 
sales, or entries of subject merchandise to the United States during 
the POR.\3\ On September 20, 2018, we issued no-shipment inquiries to 
CBP to confirm the claims of no shipments by Samsung C&T and SeAH 
Besteel, and on October 1, 2018, we issued a no-shipment inquiry to CBP 
to confirm Samsung's claim of no shipments. We have not yet received 
CBP's response to all of our inquiries. Therefore, based on the claims 
of no shipments by Samsung, Samsung C&T, and SeAH Besteel, and because 
the record currently contains no information to the contrary, we 
preliminarily determine that Samsung, Samsung C&T, and SeAH Besteel had 
no shipments of subject merchandise. However, we intend to consider 
information received from CBP in response to our no-shipment inquiries 
for the final results of this review. Moreover, consistent with our 
practice, we are not preliminarily rescinding the review with respect 
to Samsung, Samsung C&T, and SeAH Besteel, but, rather, we will 
complete the review with respect to these companies and issue 
appropriate instructions to CBP based on the final results of this 
review.\4\
---------------------------------------------------------------------------

    \3\ See Letter from Samsung C&T, ``Oil Country Tubular Goods 
from Korea: Notice of No Sales,'' dated December 4, 2017 and Letter 
from SeAH Besteel, ``Administrative Review of the Antidumping Order 
on Oil Country Tubular Goods from Korea for the 2016-17 Review 
Period--No Shipments Letter,'' dated December 13, 2017.
    \4\ See, e.g., Certain Frozen Warmwater Shrimp from Thailand; 
Preliminary Results of Antidumping Duty Administrative Review, 
Partial Rescission of Review, Preliminary Determination of No 
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged 
in Certain Frozen Warmwater Shrimp from Thailand: Final Results of 
Antidumping Duty Administrative Review, Final Determination of No 
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR 51306, 
51307 (August 28, 2014).
---------------------------------------------------------------------------

Rates for Non-Examined Companies

    The statute and Commerce's regulations do not address the 
establishment of a rate to be applied to companies not selected for 
examination when Commerce limits its examination in an administrative 
review pursuant to section 777A(c)(2) of the Act. Generally, Commerce 
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, 
Commerce preliminarily has assigned to the companies not individually 
examined (see Appendix 2 for a full list of these companies) a margin 
of 35.25 percent, which is the weighted average of NEXTEEL's and SeAH's 
calculated weighted-average dumping margins.\5\
---------------------------------------------------------------------------

    \5\ For more information regarding the calculation of this 
margin, see Memorandum, ``Preliminary Results of the 2016-2017 
Administrative Review of Certain Oil Country Tubular Goods from the 
Republic of Korea; Calculation of the Margin for Non-Examined 
Companies,'' dated October 3, 2018. As the weighting factor, we 
relied on the publicly ranged sales data reported in NEXTEEL's and 
SeAH's quantity and value charts.
---------------------------------------------------------------------------

Preliminary Results of Review

    Commerce preliminarily determines that, for the period September 1, 
2016 through August 31, 2017, the following weighted-average dumping 
margins exist:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                  Producer or exporter                    dumping margin
                                                             (percent)
------------------------------------------------------------------------
NEXTEEL Co., Ltd........................................           47.62
SeAH Steel Corporation..................................           19.40
Non-examined companies..................................           35.25
------------------------------------------------------------------------

Disclosure, Public Comment, and Opportunity To Request a Hearing

    We intend to disclose the calculations performed for these 
preliminary results of review to interested 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, the content of which is limited to 
issues raised in the case briefs, may be filed no later than five days 
after the date for filing case briefs.\6\ 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.\7\ Case and rebuttal 
briefs should be filed using ACCESS \8\ and must be served on 
interested parties.\9\ Executive summaries should be limited to five 
pages total, including footnotes.
---------------------------------------------------------------------------

    \6\ See 19 CFR 351.309(d).
    \7\ See 19 CFR 351.309(c)(2) and (d)(2).
    \8\ See generally 19 CFR 351.303.
    \9\ See 19 CFR 351.303(f).
---------------------------------------------------------------------------

    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 
Commerce'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 of 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 parties intend to discuss. Issues raised in the hearing will be 
limited to those raised in the respective case and rebuttal briefs. If 
a request for a hearing is made, Commerce intends to hold the hearing 
at the U.S. Department of Commerce, 1401 Constitution Avenue NW, 
Washington, DC 20230, at a date and time to be determined.\11\ Parties 
should confirm the date, time, and location of the hearing two days 
before the scheduled date.
---------------------------------------------------------------------------

    \10\ See 19 CFR 351.310(c).
    \11\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------

    Commerce intends to issue the final results of this administrative 
review, including the results of its analysis of the issues raised in 
any case or rebuttal briefs, no later than 120 days after the date of 
publication of this notice, unless extended.\12\
---------------------------------------------------------------------------

    \12\ See section 751(a)(3)(A) of the Act and 19 CFR 351.213(h).
---------------------------------------------------------------------------

Assessment Rates

    Upon completion of this administrative review, Commerce 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, if the respondent reported 
reliable entered values, we will calculate importer-

[[Page 51444]]

specific ad valorem assessment rates for the merchandise based on the 
ratio of the total amount of dumping calculated for the examined sales 
made to each importer and the total entered value of those same sales, 
in accordance with 19 CFR 351.212(b)(1). If the respondent has not 
reported reliable entered values, we will calculate a per-unit 
assessment rate for each importer by dividing the total amount of 
dumping calculated for the examined sales made to that importer by the 
total sales quantity associated with those transactions. 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 respondent'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.'' \13\
---------------------------------------------------------------------------

    \13\ 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.\14\
---------------------------------------------------------------------------

    \14\ 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 administrative 
review for all shipments of the subject merchandise 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 for the most 
recently completed segment of this proceeding in which they were 
reviewed; (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 recently 
completed segment of this proceeding for the producer of the 
merchandise; (4) the cash deposit rate for all other producers or 
exporters will continue to be 5.24 percent,\15\ 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.
---------------------------------------------------------------------------

    \15\ 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 Commerce's presumption that reimbursement 
of antidumping duties occurred and the subsequent assessment of double 
antidumping duties.

Notification to Interested Parties

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

    Dated: October 3, 2018.
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 I

List of Topics Discussed in the Preliminary Decision Memorandum

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

Appendix II

List of Companies Not Individually Examined

AJU Besteel Co., Ltd.
BDP International
Daewoo International Corporation
Daewoo America
Dong-A Steel Co. Ltd.
Dong Yang Steel Pipe
Dongbu Incheon Steel
DSEC
Erndtebruecker Eisenwerk and Company
Hansol Metal
Husteel Co., Ltd.
HYSCO
Hyundai RB
Hyundai Steel Co., Ltd.
Hyundai Steel Company \16\
---------------------------------------------------------------------------

    \16\ On September 21, 2016, Commerce published the final results 
of a changed circumstances review with respect to OCTG from Korea, 
finding that Hyundai Steel Corporation 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 Corporation is also known as Hyundai Steel Company and Hyundai 
Steel Co. Ltd.
---------------------------------------------------------------------------

ILJIN Steel Corporation
Jim And Freight Co., Ltd.
Kia Steel Co. Ltd.
KSP Steel Company
Kukje Steel
Kurvers
POSCO Daewoo Corporation
POSCO Daewoo America
Steel Canada
Sumitomo Corporation
TGS Pipe
Yonghyun Base Materials
ZEECO Asia

[FR Doc. 2018-22128 Filed 10-10-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                               51442                       Federal Register / Vol. 83, No. 197 / Thursday, October 11, 2018 / Notices

                                               Disclosure and Public Comment                             Dated: October 3, 2018.                             this review, see the Preliminary
                                                                                                       Gary Taverman,                                        Decision Memorandum, dated
                                                  We will disclose to parties in this                  Deputy Assistant Secretary for Antidumping            concurrently with these preliminary
                                               review the calculations performed in                    and Countervailing Duty Operations,                   results and hereby adopted by this
                                               reaching the preliminary results within                 Performing the non-exclusive functions and            notice.2
                                               five days of publication of these                       duties of the Assistant Secretary for                    The Preliminary Decision
                                               preliminary results.10 Interested parties               Enforcement and Compliance.                           Memorandum is a public document and
                                               may submit written comments (case                       Appendix—List of Topics Discussed in                  is on file electronically via Enforcement
                                               briefs) on the preliminary results no                   the Preliminary Decision Memorandum                   and Compliance’s Antidumping and
                                               later than 30 days from the date of                                                                           Countervailing Duty Centralized
                                                                                                       I. Summary                                            Electronic Service System (ACCESS).
                                               publication of this Federal Register
                                                                                                       II. Background                                        Access to ACCESS is available to
                                               notice, and rebuttal comments (rebuttal                 III. Scope of the Order
                                               briefs) within five days after the time                                                                       registered users at https://
                                                                                                       IV. Subsidies Valuation Information
                                               limit for filing case briefs.11 Pursuant to             V. Analysis of Programs
                                                                                                                                                             access.trade.gov/login.aspx and is
                                               19 CFR 351.309(d)(2), rebuttal briefs                   VI. Recommendation                                    available to all parties in the Central
                                                                                                                                                             Records Unit, Room B8024 of the main
                                               must be limited to issues raised in the                 [FR Doc. 2018–22129 Filed 10–10–18; 8:45 am]
                                                                                                                                                             Commerce building. In addition, a
                                               case briefs. Parties who submit                         BILLING CODE 3510–DS–P
                                                                                                                                                             complete version of the Preliminary
                                               arguments are requested to submit with                                                                        Decision Memorandum can be accessed
                                               the argument: (1) A statement of the                                                                          directly on the internet at https://
                                               issue; (2) a brief summary of the                       DEPARTMENT OF COMMERCE
                                                                                                                                                             enforcement.trade.gov/frn/index.html.
                                               argument; and (3) a table of                                                                                  A list of the topics discussed in the
                                                                                                       International Trade Administration
                                               authorities.12 All briefs must be filed                                                                       Preliminary Decision Memorandum is
                                               electronically using ACCESS.                            [A–580–870]                                           attached to this notice as Appendix 1.
                                                  Pursuant to 19 CFR 351.310(c),                                                                             The signed Preliminary Decision
                                                                                                       Certain Oil Country Tubular Goods                     Memorandum and the electronic
                                               interested parties who wish to request a                From the Republic of Korea:
                                               hearing must submit a written request to                                                                      version of the Preliminary Decision
                                                                                                       Preliminary Results of Antidumping                    Memorandum are identical in content.
                                               the Assistant Secretary for Enforcement                 Duty Administrative Review; 2016–
                                               and Compliance, filed electronically via                2017                                                  Scope of the Order
                                               ACCESS by 5 p.m. Eastern Time within                                                                             The merchandise covered by the order
                                               30 days after the date of publication of                AGENCY:  Enforcement and Compliance,
                                                                                                       International Trade Administration,                   is certain OCTG, which are hollow steel
                                               this notice.13 Hearing requests should                                                                        products of circular cross-section,
                                               contain: (1) The party’s name, address,                 Department of Commerce.
                                                                                                                                                             including oil well casing and tubing, of
                                               and telephone number; (2) the number                    SUMMARY: The Department of Commerce
                                                                                                                                                             iron (other than cast iron) or steel (both
                                               of participants; and (3) a list of the                  (Commerce) preliminarily determines                   carbon and alloy), whether seamless or
                                               issues to be discussed. Issues addressed                that NEXTEEL Co., Ltd. (NEXTEEL) and                  welded, regardless of end finish (e.g.,
                                               at the hearing will be limited to those                 SeAH Steel Corporation (SeAH) sold                    whether or not plain end, threaded, or
                                               raised in the briefs. If a request for a                certain oil country tubular goods                     threaded and coupled) whether or not
                                               hearing is made, parties will be notified               (OCTG) from the Republic of Korea                     conforming to American Petroleum
                                               of the date and time for the hearing to                 (Korea) in the United States at prices                Institute (API) or non-API
                                                                                                       below normal value during the period of               specifications, whether finished
                                               be held at the U.S. Department of
                                                                                                       review (POR) September 1, 2016,                       (including limited service OCTG
                                               Commerce, 1401 Constitution Avenue
                                                                                                       through August 31, 2017. Interested                   products) or unfinished (including
                                               NW, Washington, DC 20230.14
                                                                                                       parties are invited to comment on these               green tubes and limited service OCTG
                                               Commerce intends to issue the final                     preliminary results.
                                               results of this administrative review,                                                                        products), whether or not thread
                                                                                                       DATES: Applicable: October 11, 2018.                  protectors are attached. The scope of the
                                               including the results of our analysis of
                                               the issues raised by the parties in their               FOR FURTHER INFORMATION CONTACT:                      order also covers OCTG coupling stock.
                                               comments, no later than 120 days after                  Mike Heaney or Erin Kearney, AD/CVD                   For the full text of the scope of the
                                               the date of publication of this notice,                 Operations, Office VI, Enforcement and                order, see the Preliminary Decision
                                                                                                       Compliance, International Trade                       Memorandum.
                                               pursuant to section 751(a)(3)(A) of the
                                                                                                       Administration, U.S. Department of
                                               Act and 19 CFR 351.213(h), unless this                                                                        Methodology
                                                                                                       Commerce, 1401 Constitution Avenue
                                               deadline is extended.                                                                                           Commerce is conducting this
                                                                                                       NW, Washington, DC 20230; telephone:
                                                  These preliminary results and notice                 (202) 482–4475 or (202) 482–0167,                     administrative review in accordance
                                               are issued and published in accordance                  respectively.                                         with section 751(a)(2) of the Tariff Act
                                               with sections 751(a)(1) and 777(i)(1) of                                                                      of 1930, as amended (the Act). Export
                                                                                                       SUPPLEMENTARY INFORMATION:
                                               the Act and 19 CFR 351.221(b)(4).                                                                             price and constructed export price are
                                                                                                       Background                                            calculated in accordance with section
                                                                                                         We published the initiation of this                 772 of the Act. Normal value is
                                                                                                       administrative review on November 13,                 calculated in accordance with section
                                                                                                                                                             773 of the Act. For a full description of
khammond on DSK30JT082PROD with NOTICES




                                                                                                       2017.1 We selected NEXTEEL and SeAH
                                                                                                       as the two mandatory respondents in                   the methodology underlying our
                                                 10 See 19 CFR 351.224(b).                             this review. For a detailed description of              2 See Memorandum, ‘‘Decision Memorandum for
                                                 11 See 19 CFR 351.309(c)(1)(ii); 351.309(d)(1); and   the events that followed the initiation of            the Preliminary Results of the 2016–2017
                                               19 CFR 351.303 (for general filing requirements).
                                                 12 See 19 CFR 351.309(c)(2) and (d)(2).
                                                                                                                                                             Administrative Review of the Antidumping Duty
                                                                                                         1 See Initiation of Antidumping and                 Order on Certain Oil Country Tubular Goods from
                                                 13 See 19 CFR 351.310(c).
                                                                                                       Countervailing Duty Administrative Reviews, 82 FR     the Republic of Korea,’’ dated October 3, 2018
                                                 14 See 19 CFR 351.310(d).                             52268 (November 13, 2017).                            (Preliminary Decision Memorandum).



                                          VerDate Sep<11>2014   20:54 Oct 10, 2018   Jkt 247001   PO 00000   Frm 00008   Fmt 4703   Sfmt 4703   E:\FR\FM\11OCN1.SGM   11OCN1


                                                                           Federal Register / Vol. 83, No. 197 / Thursday, October 11, 2018 / Notices                                                  51443

                                               conclusions, see the Preliminary                        calculating the all-others rate in a         briefs.6 Parties who submit case briefs or
                                               Decision Memorandum.                                    market economy investigation, for            rebuttal briefs in this proceeding are
                                                                                                       guidance when calculating the rate for       encouraged to submit with each
                                               Preliminary Determination of No
                                                                                                       companies which were not selected for        argument: (1) A statement of the issue;
                                               Shipments
                                                                                                       individual examination in an                 (2) a brief summary of the argument;
                                                  Among the companies under review,                    administrative review. Under section         and (3) a table of authorities.7 Case and
                                               Samsung, Samsung C and T Corporation                    735(c)(5)(A) of the Act, the all-others      rebuttal briefs should be filed using
                                               (Samsung C&T), and SeAH Besteel                         rate is normally ‘‘an amount equal to the    ACCESS 8 and must be served on
                                               Corporation (SeAH Besteel) properly                     weighted average of the estimated            interested parties.9 Executive
                                               filed certifications reporting that they                weighted-average dumping margins             summaries should be limited to five
                                               had no exports, sales, or entries of                    established for exporters and producers      pages total, including footnotes.
                                               subject merchandise to the United                       individually investigated, excluding any        Pursuant to 19 CFR 351.310(c),
                                               States during the POR.3 On September                    zero or de minimis margins, and any          interested parties who wish to request a
                                               20, 2018, we issued no-shipment                         margins determined entirely {on the          hearing must submit a written request to
                                               inquiries to CBP to confirm the claims                  basis of facts available}.’’                 the Assistant Secretary for Enforcement
                                               of no shipments by Samsung C&T and                        In this review, we have preliminarily      and Compliance, filed electronically via
                                               SeAH Besteel, and on October 1, 2018,                   calculated weighted-average dumping          Commerce’s electronic records system,
                                               we issued a no-shipment inquiry to CBP                  margins for NEXTEEL and SeAH that            ACCESS. An electronically filed request
                                               to confirm Samsung’s claim of no                        are not zero, de minimis, or determined      must be received successfully in its
                                               shipments. We have not yet received                     entirely on the basis of facts available.    entirety by 5:00 p.m. Eastern Time
                                               CBP’s response to all of our inquiries.                 Accordingly, Commerce preliminarily          within 30 days of the date of publication
                                               Therefore, based on the claims of no                    has assigned to the companies not            of this notice.10 Requests should
                                               shipments by Samsung, Samsung C&T,                      individually examined (see Appendix 2        contain: (1) The party’s name, address
                                               and SeAH Besteel, and because the                       for a full list of these companies) a        and telephone number; (2) the number
                                               record currently contains no                            margin of 35.25 percent, which is the        of participants; and (3) a list of issues
                                               information to the contrary, we                         weighted average of NEXTEEL’s and            parties intend to discuss. Issues raised
                                               preliminarily determine that Samsung,                   SeAH’s calculated weighted-average           in the hearing will be limited to those
                                               Samsung C&T, and SeAH Besteel had no                    dumping margins.5                            raised in the respective case and
                                               shipments of subject merchandise.                                                                    rebuttal briefs. If a request for a hearing
                                               However, we intend to consider                          Preliminary Results of Review                is made, Commerce intends to hold the
                                               information received from CBP in                          Commerce preliminarily determines          hearing at the U.S. Department of
                                               response to our no-shipment inquiries                   that, for the period September 1, 2016       Commerce, 1401 Constitution Avenue
                                               for the final results of this review.                   through August 31, 2017, the following       NW, Washington, DC 20230, at a date
                                               Moreover, consistent with our practice,                 weighted-average dumping margins             and time to be determined.11 Parties
                                               we are not preliminarily rescinding the                 exist:                                       should confirm the date, time, and
                                               review with respect to Samsung,                                                                      location of the hearing two days before
                                               Samsung C&T, and SeAH Besteel, but,                                                      Weighted-   the scheduled date.
                                               rather, we will complete the review                                                       average       Commerce intends to issue the final
                                                                                                           Producer or exporter         dumping     results of this administrative review,
                                               with respect to these companies and                                                       margin
                                               issue appropriate instructions to CBP                                                    (percent)   including the results of its analysis of
                                               based on the final results of this                                                                   the issues raised in any case or rebuttal
                                               review.4                                                NEXTEEL Co., Ltd ...............       47.62 briefs, no later than 120 days after the
                                                                                                       SeAH Steel Corporation .......         19.40 date of publication of this notice, unless
                                               Rates for Non-Examined Companies                        Non-examined companies ....            35.25 extended.12
                                                 The statute and Commerce’s                                                                                  Assessment Rates
                                               regulations do not address the                          Disclosure, Public Comment, and
                                               establishment of a rate to be applied to                Opportunity To Request a Hearing                        Upon completion of this
                                               companies not selected for examination                                                                        administrative review, Commerce shall
                                                                                                          We intend to disclose the calculations             determine, and CBP shall assess,
                                               when Commerce limits its examination                    performed for these preliminary results
                                               in an administrative review pursuant to                                                                       antidumping duties on all appropriate
                                                                                                       of review to interested parties within                entries. We intend to issue liquidation
                                               section 777A(c)(2) of the Act. Generally,               five days of the date of publication of
                                               Commerce looks to section 735(c)(5) of                                                                        instructions to CBP 15 days after
                                                                                                       this notice in accordance with 19 CFR                 publication of the final results of this
                                               the Act, which provides instructions for                351.224(b). Pursuant to 19 CFR                        review.
                                                                                                       351.309(c), interested parties may                      For any individually examined
                                                  3 See Letter from Samsung C&T, ‘‘Oil Country
                                                                                                       submit case briefs no later than 30 days              respondent whose weighted-average
                                               Tubular Goods from Korea: Notice of No Sales,’’
                                               dated December 4, 2017 and Letter from SeAH             after the date of publication of this                 dumping margin is not zero or de
                                               Besteel, ‘‘Administrative Review of the                 notice. Rebuttal briefs, the content of               minimis (i.e., less than 0.5 percent) in
                                               Antidumping Order on Oil Country Tubular Goods          which is limited to issues raised in the              the final results of this review, if the
                                               from Korea for the 2016–17 Review Period—No             case briefs, may be filed no later than
                                               Shipments Letter,’’ dated December 13, 2017.                                                                  respondent reported reliable entered
                                                  4 See, e.g., Certain Frozen Warmwater Shrimp         five days after the date for filing case              values, we will calculate importer-
                                               from Thailand; Preliminary Results of Antidumping
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                                               Duty Administrative Review, Partial Rescission of         5 For more information regarding the calculation      6 See 19 CFR 351.309(d).
                                               Review, Preliminary Determination of No                 of this margin, see Memorandum, ‘‘Preliminary           7 See 19 CFR 351.309(c)(2) and (d)(2).
                                               Shipments; 2012–2013, 79 FR 15951, 15952 (March         Results of the 2016–2017 Administrative Review of       8 See generally 19 CFR 351.303.
                                               24, 2014), unchanged in Certain Frozen Warmwater        Certain Oil Country Tubular Goods from the              9 See 19 CFR 351.303(f).
                                               Shrimp from Thailand: Final Results of                  Republic of Korea; Calculation of the Margin for
                                                                                                                                                               10 See 19 CFR 351.310(c).
                                               Antidumping Duty Administrative Review, Final           Non-Examined Companies,’’ dated October 3, 2018.
                                                                                                                                                               11 See 19 CFR 351.310(d).
                                               Determination of No Shipments, and Partial              As the weighting factor, we relied on the publicly
                                               Rescission of Review; 2012–2013, 79 FR 51306,           ranged sales data reported in NEXTEEL’s and             12 See section 751(a)(3)(A) of the Act and 19 CFR

                                               51307 (August 28, 2014).                                SeAH’s quantity and value charts.                     351.213(h).



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                                               51444                       Federal Register / Vol. 83, No. 197 / Thursday, October 11, 2018 / Notices

                                               specific ad valorem assessment rates for                proceeding, the cash deposit rate will                Appendix II
                                               the merchandise based on the ratio of                   continue to be the company-specific rate              List of Companies Not Individually
                                               the total amount of dumping calculated                  published for the most recently                       Examined
                                               for the examined sales made to each                     completed segment of this proceeding in
                                                                                                                                                             AJU Besteel Co., Ltd.
                                               importer and the total entered value of                 which they were reviewed; (3) if the                  BDP International
                                               those same sales, in accordance with 19                 exporter is not a firm covered in this                Daewoo International Corporation
                                               CFR 351.212(b)(1). If the respondent has                review, a prior review, or the original               Daewoo America
                                               not reported reliable entered values, we                investigation but the producer is, the                Dong-A Steel Co. Ltd.
                                               will calculate a per-unit assessment rate               cash deposit rate will be the rate                    Dong Yang Steel Pipe
                                               for each importer by dividing the total                 established for the most recently                     Dongbu Incheon Steel
                                               amount of dumping calculated for the                    completed segment of this proceeding                  DSEC
                                                                                                                                                             Erndtebruecker Eisenwerk and Company
                                               examined sales made to that importer by                 for the producer of the merchandise; (4)
                                                                                                                                                             Hansol Metal
                                               the total sales quantity associated with                the cash deposit rate for all other                   Husteel Co., Ltd.
                                               those transactions. Where an importer-                  producers or exporters will continue to               HYSCO
                                               specific ad valorem assessment rate is                  be 5.24 percent,15 the all-others rate                Hyundai RB
                                               zero or de minimis in the final results                 established in the less-than-fair-value               Hyundai Steel Co., Ltd.
                                               of review, we will instruct CBP to                      investigation. These cash deposit                     Hyundai Steel Company 16
                                               liquidate the appropriate entries                       requirements, when imposed, shall                     ILJIN Steel Corporation
                                               without regard to antidumping duties in                 remain in effect until further notice.                Jim And Freight Co., Ltd.
                                               accordance with 19 CFR 351.106(c)(2). If                                                                      Kia Steel Co. Ltd.
                                               a respondent’s weighted-average                         Notification to Importers                             KSP Steel Company
                                                                                                                                                             Kukje Steel
                                               dumping margin is zero or de minimis                      This notice serves as a preliminary                 Kurvers
                                               in the final results of review, we will                 reminder to importers of their                        POSCO Daewoo Corporation
                                               instruct CBP not to assess duties on any                responsibility under 19 CFR                           POSCO Daewoo America
                                               of its entries in accordance with the                   351.402(f)(2) to file a certificate                   Steel Canada
                                               Final Modification for Reviews, i.e.,                                                                         Sumitomo Corporation
                                                                                                       regarding the reimbursement of
                                               ‘‘{w}here the weighted-average margin                                                                         TGS Pipe
                                                                                                       antidumping duties prior to liquidation               Yonghyun Base Materials
                                               of dumping for the exporter is                          of the relevant entries during this POR.              ZEECO Asia
                                               determined to be zero or de minimis, no                 Failure to comply with this requirement
                                               antidumping duties will be assessed.’’ 13                                                                     [FR Doc. 2018–22128 Filed 10–10–18; 8:45 am]
                                                                                                       could result in Commerce’s
                                                  For entries of subject merchandise                   presumption that reimbursement of                     BILLING CODE 3510–DS–P
                                               during the POR produced by NEXTEEL                      antidumping duties occurred and the
                                               or SeAH for which the producer did not                  subsequent assessment of double
                                               know its merchandise was destined for                                                                         DEPARTMENT OF COMMERCE
                                                                                                       antidumping duties.
                                               the United States, or for any respondent
                                               for which we have a final determination                 Notification to Interested Parties                    International Trade Administration
                                               of no shipments, we will instruct CBP                                                                         [C–570–955]
                                               to liquidate unreviewed entries at the                    Commerce is issuing and publishing
                                               all-others rate if there is no rate for the             these results in accordance with                      Certain Magnesia Carbon Bricks From
                                               intermediate company(ies) involved in                   sections 751(a)(1) and 777(i)(1) of the               the People’s Republic of China:
                                               the transaction.14                                      Act.                                                  Preliminary Results of the
                                                                                                         Dated: October 3, 2018.                             Countervailing Duty Administrative
                                               Cash Deposit Requirements                                                                                     Review; 2016
                                                                                                       Gary Taverman
                                                 The following cash deposit                            Deputy Assistant Secretary for Antidumping
                                               requirements will be effective upon                                                                           AGENCY:   Enforcement and Compliance,
                                                                                                       and Countervailing Duty Operations,                   International Trade Administration,
                                               publication of the notice of final results              performing the non-exclusive functions and
                                               of this administrative review for all                                                                         Department of Commerce.
                                                                                                       duties of the Assistant Secretary for
                                               shipments of the subject merchandise                    Enforcement and Compliance.                           SUMMARY: The Department of Commerce
                                               entered, or withdrawn from warehouse,                                                                         (Commerce) preliminarily determines to
                                               for consumption on or after the date of                 Appendix I                                            rescind this administrative review as
                                               publication, as provided by section                                                                           there is no evidence of any reviewable
                                                                                                       List of Topics Discussed in the Preliminary           entries, shipments, or sales of certain
                                               751(a)(2) of the Act: (1) The cash deposit              Decision Memorandum
                                               rate for the companies listed in the final                                                                    magnesia carbon bricks (magnesia
                                                                                                       1. Summary                                            carbon bricks) from the People’s
                                               results of review will be equal to the                  2. Background
                                               weighted-average dumping margin                                                                               Republic of China (China) to the United
                                                                                                       3. Scope of the Order                                 States during the January 1, 2016,
                                               established in the final results of this                4. Preliminary Determination of No
                                               administrative review; (2) for                                                                                through December 31, 2016, period of
                                                                                                            Shipments
                                               merchandise exported by producers or                                                                          review (POR) by the companies subject
                                                                                                       5. Rates for Non-Examined Companies
                                               exporters not covered in this review but                6. Duty Absorption                                       16 On September 21, 2016, Commerce published
                                               covered in a prior segment of the                       7. Duty Reimbursement                                 the final results of a changed circumstances review
                                                                                                       8. Affiliation                                        with respect to OCTG from Korea, finding that
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                                                 13 See Antidumping Proceedings: Calculation of
                                                                                                       9. Discussion of the Methodology                      Hyundai Steel Corporation is the successor-in-
                                               the Weighted-Average Dumping Margin and                 10. Currency Conversion                               interest to Hyundai HYSCO for purposes of
                                               Assessment Rate in Certain Antidumping                                                                        determining antidumping duty cash deposits and
                                               Proceedings: Final Modification, 77 FR 8101, 8102
                                                                                                       11. Recommendation
                                                                                                                                                             liabilities. See Notice of Final Results of
                                               (February 14, 2012) (Final Modification for                                                                   Antidumping Duty Changed Circumstances Review:
                                               Reviews).                                                 15 See Certain Oil Country Tubular Goods from       Oil Country Tubular Goods from the Republic of
                                                 14 See Antidumping and Countervailing Duty            the Republic of Korea: Notice of Court Decision Not   Korea, 81 FR 64873 (September 21, 2016). Hyundai
                                               Proceedings: Assessment of Antidumping Duties, 68       in Harmony With Final Determination, 81 FR 59603      Steel Corporation is also known as Hyundai Steel
                                               FR 23954 (May 6, 2003).                                 (August 30, 2016).                                    Company and Hyundai Steel Co. Ltd.



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Document Created: 2018-10-11 15:34:20
Document Modified: 2018-10-11 15:34:20
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
DatesApplicable: October 11, 2018.
ContactMike Heaney or Erin Kearney, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-4475 or (202) 482-0167, respectively.
FR Citation83 FR 51442 

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