[Federal Register Volume 75, Number 118 (Monday, June 21, 2010)]
[Notices]
[Pages 34980-34982]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-14945]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-809]
Circular Welded Non-Alloy Steel Pipe from the Republic of Korea:
Final Results of the Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On December 8, 2009, the Department of Commerce (the
``Department'') published the preliminary results of the administrative
review of the antidumping duty order on circular welded non-alloy steel
pipe (``CWP'') from the Republic of Korea (``Korea''), covering the
period November 1, 2007, through October 31, 2008. See Circular Welded
Non-Alloy Steel Pipe from the Republic of Korea: Preliminary Results
and Rescission in Part of the Antidumping Duty Administrative Review,
74 FR 64670 (December 8, 2009) (``Preliminary Results''). This review
covers six producers/exporters of the subject merchandise to the United
States: SeAH Steel Corporation (``SeAH''), Dongbu Steel Co., Ltd.,
Korea Iron & Steel Co., Ltd., Union Steel Co., Ltd., Nexteel Co. Ltd.,
and A-JU Besteel Co., Ltd. SeAH is the only mandatory respondent. We
gave the interested parties an opportunity to comment on the
Preliminary Results. Based on our analysis of the comments received and
the results of verification, we have made changes to the margin
calculation. The
[[Page 34981]]
final weighted-average dumping margins for the reviewed firms are
listed below in the section entitled ``Final Results of Review.''
EFFECTIVE DATE: June 21, 2010.
FOR FURTHER INFORMATION CONTACT: Alexander Montoro or Nancy Decker, AD/
CVD Operations, Office 1, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, N.W., Washington, DC 20230; telephone (202) 482-
0238 or (202) 482-0196, respectively.
SUPPLEMENTARY INFORMATION:
Background
Following the Preliminary Results, the Department issued an
additional supplemental questionnaire to SeAH on December 11, 2009, and
SeAH responded on December 29, 2009.
From January 18 through January 22, 2010, we conducted the home
market sales verification of the questionnaire responses of SeAH, and
from February 8 through February 10, 2010, we conducted the U.S. sales
verification of the questionnaire responses of SeAH at Pusan Pipe
America (``PPA''). The Department released its verification reports for
SeAH and PPA to interested parties on April 12, 2010.
As explained in the memorandum from the Deputy Assistant Secretary
for Import Administration, the Department exercised its discretion to
toll deadlines for the duration of the closure of the Federal
Government from February 5, through February 12, 2010. Thus, all
deadlines in this segment of the proceeding were extended by seven
days. The revised deadline for the final results of this administrative
review was thus extended to April 14, 2010. See Memorandum to the
Record from Ronald Lorentzen, DAS for Import Administration, regarding
``Tolling of Administrative Deadlines As a Result of the Government
Closure During the Recent Snowstorms,'' dated February 12, 2010.
On March 23, 2010, the Department published in the Federal Register
an extension of the time limit for the completion of the final results
of this review until no later than June 14, 2010, in accordance with
section 751(a)(3)(A) of the Tariff Act of 1930, as amended (`` the
Act''), and 19 CFR 351.213(h)(2). See Circular Welded Non-Alloy Steel
Pipe from the Republic of Korea: Extension of Time Limit for the Final
Results and Rescission in Part of the Antidumping Duty Administrative
Review, 75 FR 13729 (March 23, 2010).
We invited parties to comment on the Preliminary Results. We
received case briefs on April 26, 2010, from SeAH and the petitioners,
United States Steel Corporation (``U.S. Steel''), Allied Tube and
Conduit Corporation and TMK IPSCO Tubulars. On May 3, 2010, SeAH and
U.S. Steel submitted rebuttal briefs. None of the parties requested a
hearing.
Scope of the Order
The merchandise subject to this review is circular welded non-alloy
steel pipe and tube, of circular cross-section, not more than 406.4mm
(16 inches) in outside diameter, regardless of wall thickness, surface
finish (black, galvanized, or painted), or end finish (plain end,
beveled end, threaded, or threaded and coupled). These pipes and tubes
are generally known as standard pipes and tubes and are intended for
the low-pressure conveyance of water, steam, natural gas, air, and
other liquids and gases in plumbing and heating systems, air-
conditioning units, automatic sprinkler systems, and other related
uses. Standard pipe may also be used for light load-bearing
applications, such as for fence tubing, and as structural pipe tubing
used for framing and as support members for reconstruction or load-
bearing purposes in the construction, shipbuilding, trucking, farm
equipment, and other related industries. Unfinished conduit pipe is
also included in this review.
All carbon-steel pipes and tubes within the physical description
outlined above are included within the scope of this review except line
pipe, oil-country tubular goods, boiler tubing, mechanical tubing, pipe
and tube hollows for redraws, finished scaffolding, and finished
conduit. In accordance with the Department's Final Negative
Determination of Scope Inquiry on Certain Circular Welded Non-Alloy
Steel Pipe and Tube From Brazil, the Republic of Korea, Mexico, and
Venezuela, 61 FR 11608 (March 21, 1996), pipe certified to the API 5L
line-pipe specification and pipe certified to both the API 5L line-pipe
specifications and the less-stringent ASTM A-53 standard-pipe
specifications, which falls within the physical parameters as outlined
above, and entered as line pipe of a kind used for oil and gas
pipelines is outside of the scope of the antidumping duty order.
Imports of these products are currently classifiable under the
following Harmonized Tariff Schedule (``HTS'') subheadings:
7306.30.10.00, 7306.30.50.25, 7306.30.50.32, 7306.30.50.40,
7306.30.50.55, 7306.30.50.85, and 7306.30.50.90. Although the HTS
subheadings are provided for convenience and customs purposes, our
written description of the scope of this proceeding is dispositive.
Analysis of Comments Received
All issues raised in the case briefs are addressed in the ``Issues
and Decision Memorandum for the 2007-2008 Administrative Review of
Circular Welded Non-Alloy Steel Pipe from the Republic of Korea''
(``Issues and Decision Memorandum''), which is dated concurrently with
and hereby adopted by this notice. A list of the issues which parties
raised and to which we responded in the Issues and Decision Memorandum
is attached to this notice as an Appendix. The Issues and Decision
Memorandum is a public document which is on file in the Central Records
Unit in room 1117 in the main Department building, and is accessible on
the web at http://www.ia.ita.doc.gov/frn. The paper copy and electronic
version of the memorandum are identical in content.
Changes Since the Preliminary Results
Based on our analysis of the comments received, we made the
following changes in calculating dumping margins: (1) we revised the
calculations from the Preliminary Results to account for minor
corrections that SeAH submitted during the home market and constructed
export price (``CEP'') sales verifications; (2) we included SeAH's
allowance for doubtful accounts in the indirect selling expense
calculation; (3) we reclassified the reported grades of certain pipes
for product comparison purposes; (4) we treated all of SeAH's letter of
credit charges related to its U.S. sales as direct selling expenses;
(5) we corrected the margin program by calculating SeAH's dumping
margin by comparing monthly weighted-average normal values to
individual U.S. prices; and (6) excluded inventory valuation losses
from SeAH's cost calculations. For further details, see ``Cost of
Production and Constructed Value Calculation Adjustments for the Final
Results - SeAH Steel Corporation,'' and ``Final Results Calculation
Memorandum for SeAH Steel Corporation,'' and see also Issues and
Decision Memorandum, all dated June 14, 2010.
Cost of Production
Consistent with the Preliminary Results, we disregarded home market
sales by SeAH that failed the cost-of-production test.
Final Results of the Review
We determine that a weighted-average dumping margin exists for the
mandatory respondent, SeAH, for the
[[Page 34982]]
period November 1, 2007, through October 31, 2008. Respondents other
than mandatory respondents normally receive the weighted-average of the
margins calculated for those companies selected for individual review
(i.e., mandatory respondents), excluding de minimis margins or margins
based entirely on adverse facts available. In this case, respondents
other than SeAH are receiving SeAH's calculated margin as SeAH is the
only remaining mandatory respondent.
------------------------------------------------------------------------
Weighted-average
Manufacturer/exporter margin percent
------------------------------------------------------------------------
SeAH Steel Corporation.............................. 3.28
Dongbu Steel Co., Ltd............................... 3.28
Korea Iron & Steel Co., Ltd......................... 3.28
Union Steel Co., Ltd................................ 3.28
Nexteel Co., Ltd.................................... 3.28
A-JU Besteel Co., Ltd............................... 3.28
------------------------------------------------------------------------
Public Comment
The Department will disclose calculations performed within five
days of the date of publication of this notice to the parties to this
proceeding in accordance with 19 CFR 351.224(b).
Assessment Rates
The Department shall determine, and U.S. Customs and Border
Protection (``CBP'') shall assess, antidumping duties on all
appropriate entries, in accordance with 19 CFR 351.212(b)(1). The
Department will issue appropriate appraisement instructions for the
companies subject to this review directly to CBP 15 days after the date
of publication of these final results of this review.
For SeAH, we will calculate importer-specific ad valorem duty
assessment rates based on the ratio of the total amount of antidumping
duties calculated for the examined sales to the total entered value of
the sales, as reported by SeAH. See 19 CFR 351.212(b)(1). For the
companies which were not selected for individual review, we will use
SeAH's cash deposit rate as the assessment rate. 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)
(``Assessment Policy Notice''). This clarification will apply to
entries of subject merchandise during the period of review (``POR'')
produced by companies included in these final results of review for
which the reviewed companies did not know that the merchandise they
sold to the intermediary (e.g., a reseller, trading company, or
exporter) was destined for the United States. In such instances, we
will instruct CBP to liquidate unreviewed entries at the all-others
rate if there is no rate for the intermediary involved in the
transaction. See Assessment Policy Notice for a full discussion of this
clarification.
Cash Deposit Requirements
The following deposit rates will be effective upon publication of
the final results of this administrative review for all shipments of
CWP from Korea entered, or withdrawn from warehouse, for consumption on
or after the publication date, as provided by section 751(a)(2)(C) of
the Act: (1) The cash deposit rates for the companies listed above will
be the rates established in the final results of this review, except if
the rate is less than 0.5 percent and, therefore, de minimis, the cash
deposit will be zero; (2) for previously reviewed or investigated
companies not listed above, the cash deposit rate will continue to be
the company-specific rate published for the most recent final results
in which that manufacturer or exporter participated; (3) if the
exporter is not a firm covered in this review, a prior review, or the
original less-than-fair-value (``LTFV'') investigation, but the
manufacturer is, the cash deposit rate will be the rate established for
the most recent final results for the manufacturer of the merchandise;
and (4) if neither the exporter nor the manufacturer is a firm covered
in this or any previous review conducted by the Department, the cash
deposit rate will be 4.80 percent, the ``all others'' rate established
in the LTFV investigation. See Notice of Antidumping Duty Orders:
Certain Circular Welded Non-Alloy Steel Pipe from Brazil, the Republic
of 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 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.
These final results of review are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: June 14, 2010.
Paul Piquado,
Acting Deputy Assistant Secretary for Import Administration.
Appendix Issues in Decision Memorandum
Comment 1: Application of Quarterly Costs
Comment 2: Inventory Valuation Loss
Comment 3: Application of the Major Input Rule
Comment 4: Allowance for Doubtful Accounts/Bad Debts
Comment 5: Ordinary Pipe versus Pressure Pipe Classification
Comment 6: Bank Charges Incurred: Letter of Credit Charges
Comment 7: Recalculating SeAH's Dumping Margin by Comparing Monthly
Weighted-Average Normal Values to Individual U.S. Prices
Comment 8: Zeroing-Out Negative Dumping Margins
[FR Doc. 2010-14945 Filed 6-18-10; 8:45 am]
BILLING CODE 3510-DS-S