[Federal Register Volume 75, Number 96 (Wednesday, May 19, 2010)]
[Notices]
[Pages 27987-27989]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-11985]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-810]
Certain Welded Stainless Steel Pipes From the Republic of Korea:
Final Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On January 7, 2010, the Department of Commerce (the
Department) published the preliminary results of the administrative
review of the antidumping duty order on certain welded stainless steel
pipes (WSSP) from the Republic of Korea (Korea). This review covers one
producer/exporter of the subject merchandise to the United States, SeAH
Steel Corporation (SeAH). The period of review (POR) is December 1,
2007, through November 30, 2008. Based on our analysis of the comments
received, we have made certain changes
[[Page 27988]]
in the margin calculations. Therefore, the final results differ from
the preliminary results. The final weighted-average dumping margin for
the reviewed firm is listed below in the section entitled ``Final
Results of Review.''
DATES: Effective Date: May 19, 2010.
FOR FURTHER INFORMATION CONTACT: Holly Phelps, AD/CVD Operations,
Office 2, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW.,
Washington, DC 20230; telephone (202) 482-0656.
SUPPLEMENTARY INFORMATION:
Background
On January 7, 2010, the Department published in the Federal
Register the preliminary results of administrative review of the
antidumping duty order on WSSP from Korea. See Certain Welded Stainless
Steel Pipes from the Republic of Korea: Preliminary Results of
Antidumping Duty Administrative Review, 75 FR 973 (Jan. 7, 2010)
(Preliminary Results).
We invited parties to comment on our preliminary results. In
February 2010, we received a case brief from SeAH. We did not receive a
case brief or rebuttal brief from the petitioners.\1\ The Department
has conducted this administrative review in accordance with section 751
of the Tariff Act of 1930, as amended (the Act).
---------------------------------------------------------------------------
\1\ The petitioners are Bristol Metals, LLC, Felker Brothers
Corporation, Marcegaglia USA, Inc., and Outokumpu Stainless Pipe,
Inc.
---------------------------------------------------------------------------
Scope of the Order
The merchandise subject to the antidumping duty order is welded
austenitic stainless steel pipe that meets the standards and
specifications set forth by the American Society for Testing and
Materials (ASTM) for the welded form of chromium-nickel pipe designated
ASTM A-312. The merchandise covered by the scope of the order also
includes austenitic welded stainless steel pipes made according to the
standards of other nations which are comparable to ASTM A-312.
WSSP is produced by forming stainless steel flat-rolled products
into a tubular configuration and welding along the seam. WSSP is a
commodity product generally used as a conduit to transmit liquids or
gases. Major applications for steel pipe include, but are not limited
to, digester lines, blow lines, pharmaceutical lines, petrochemical
stock lines, brewery process and transport lines, general food
processing lines, automotive paint lines, and paper process machines.
Imports of WSSP are currently classifiable under the following
Harmonized Tariff Schedule of the United States (HTSUS) subheadings:
7306.40.5005, 7306.40.5015, 7306.40.5040, 7306.40.5065, and
7306.40.5085. Although these subheadings include both pipes and tubes,
the scope of the antidumping duty order is limited to welded austenitic
stainless steel pipes. The HTSUS subheadings are provided for
convenience and customs purposes. However, the written description of
the scope of the order is dispositive.
Period of Review
The POR is December 1, 2007, through November 30, 2008.
Cost of Production
As discussed in the preliminary results, we conducted an
investigation to determine whether SeAH made home market sales of the
foreign like product during the POR at prices below their costs of
production (COP) within the meaning of section 773(b) of the Act. See
Preliminary Results, 75 FR at 976. For these final results, we
performed the cost test following the same methodology as in the
Preliminary Results.
We found that 20 percent or more of SeAH's sales of a given product
during the reporting period were at prices less than the weighted-
average COP for this period. Thus, we determined that these below-cost
sales were made in ``substantial quantities'' within an extended period
of time and at prices which did not permit the recovery of all costs
within a reasonable period of time in the normal course of trade. See
sections 773(b)(1)-(2) of the Act.
Therefore, for purposes of these final results, we found that SeAH
made below-cost sales not in the ordinary course of trade.
Consequently, we disregarded these sales for SeAH and used the
remaining sales as the basis for determining normal value pursuant to
section 773(b)(1) of the Act.
Analysis of Comments Received
All issues raised in the case brief by SeAH are listed in the
Appendix to this notice and addressed in the Issues and Decision
Memorandum (the Decision Memo), which is adopted by this notice.
Parties can find a complete discussion of all issues raised in this
review and the corresponding recommendations in this public memorandum,
which is on file in the Central Records Unit, room 1117, of the main
Department building.
In addition, a complete version of the Decision Memo can be
accessed directly on the Web at http://ia.ita.doc.gov/frn[sol]. The
paper copy and electronic version of the Decision Memo are identical in
content.
Changes Since the Preliminary Results
Based on our analysis of the comments received, we have made
certain changes to the margin calculations. These changes are discussed
in the relevant sections of the Decision Memo.
Final Results of Review
We determine that the following weighted-average margin percentage
exists for the period December 1, 2007 through November 30, 2008:
------------------------------------------------------------------------
Percent
Manufacturer/Producer/Exporter margin
------------------------------------------------------------------------
SeAH Steel Corporation..................................... 2.92
------------------------------------------------------------------------
Assessment
The Department shall determine, and the U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries. The Department intends to issue assessment instructions to CBP
15 days after the date of publication of these final results of review.
Pursuant to 19 CFR 351.212(b)(1), we calculated importer-specific
ad valorem duty assessment rates for SeAH based on the ratio of the
total amount of antidumping duties calculated for the examined sales to
the total entered value of those sales. Pursuant to 19 CFR
351.106(c)(2), we will instruct CBP to liquidate without regard to
antidumping duties any entries for which the assessment rate is de
minimis (i.e., less than 0.50 percent).
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003. See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). This
clarification will apply to entries of subject merchandise during the
POR produced by SeAH for which SeAH did not know its merchandise was
destined for the United States. In such instances, we will instruct CBP
to liquidate unreviewed entries at the all-others rate established in
the less-than-fair-value (LTFV) investigation if there is no rate for
the intermediate company(ies) involved in the transaction.
Cash Deposit Requirements
Further, the following deposit requirements will be effective for
all shipments of WSSP from Korea entered, or withdrawn from warehouse,
for consumption on or after the publication date of the final results
of this
[[Page 27989]]
administrative review, as provided for by section 751(a)(2)(C) of the
Act: (1) The cash deposit rate for the reviewed company will be the
rate shown above, except if the rate is less than 0.50 percent, de
minimis within the meaning of 19 CFR 351.106(c)(1), the cash deposit
will be zero; (2) for previously investigated companies not listed
above, the cash deposit rate will continue to be the company-specific
rate published for the most recent period of review; (3) if the
exporter is not a firm covered in this review, or the LTFV
investigation, but the manufacturer is, the cash deposit rate will be
the rate established for the most recent period for the manufacturer of
the merchandise; and (4) the cash deposit rate for all other
manufacturers or exporters will continue to be 7.00 percent, the all-
others rate made effective by the LTFV investigation. See Antidumping
Duty Order and Clarification of Final Determination: Certain Welded
Stainless Steel Pipes From Korea, 57 FR 62301 (Dec. 30, 1992), as
amended in Notice of Amended Final Determination and Antidumping Duty
Order: Certain Welded Stainless Steel Pipe From the Republic of Korea,
60 FR 10064, 10065 (Feb. 23, 1995). These deposit requirements, when
imposed, shall remain in effect until further notice.
Notification to Importers
This notice serves as a final reminder to importers of their
responsibility, under 19 CFR 351.402(f)(2), to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
This notice serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return/destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is a sanctionable violation.
We are issuing and publishing these results of review in accordance
with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: May 13, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
Appendix--Issues in Decision Memorandum
General Issues
1. Offsetting of Negative Margins.
2. Inclusion of Inventory Valuation Allowances in Cost of
Production.
3. Application of the Major Input Rule.
[FR Doc. 2010-11985 Filed 5-18-10; 8:45 am]
BILLING CODE 3510-DS-P