Federal Register - September 28, 2021

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Fuente: Federal Register

53632

Federal Register / Vol. 86, No. 185 / Tuesday, September 28, 2021 / Notices
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington DC 20230; telephone: 202 4825075.
SUPPLEMENTARY INFORMATION:
Background On March 25, 2021, Commerce published the Preliminary Results of this administrative review.1 The review covers 24 producers and/or exporters of subject merchandise. We invited interested parties to comment on the Preliminary Results. On June 25, 2021, Commerce extended the deadline for issuing these final results until September 21, 2021.2 A summary of the events that occurred since Commerce published the Preliminary Results, as well as a full discussion of the issues raised by parties for these final results, are discussed in the Issues and Decision Memorandum.3 Commerce conducted this review in accordance with section 751a of the Tariff Act of 1930, as amended the Act.
Scope of the Order The merchandise subject to the order is circular welded non-alloy steel pipe and tube. Imports of the product are currently classifiable in the Harmonized Tariff Schedule of the United States HTSUS under subheadings 7306.30.1000, 7306.30.5025, 7306.30.5032, 7306.30.5040, 7306.30.5055, 7306.30.5085, and 7306.30.5090. While the HTSUS
subheadings are provided for convenience and customs purposes, the written description is dispositive. For a complete description of the scope of the order, see the Issues and Decision Memorandum.4
Analysis of Comments Received All issues raised in the case and rebuttal briefs filed by parties in this review are listed in Appendix I to this notice and addressed in the Issues and Decision Memorandum. The Issues and Decision Memorandum is a public 1 See Circular Welded Non-Alloy Steel Pipe from the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2018
2019, 86 FR 15912 March 25, 2021 Preliminary Results and accompanying Preliminary Decision Memorandum PDM.
2 See Memorandum, Circular Welded Non-Alloy Steel Pipe from the Republic of Korea: Extension of Deadline for Final Results of Antidumping Duty Administrative Review; 20182019, dated June 25, 2021.
3 See Memorandum, Issues and Decision Memorandum for the Final Results of the 2017
2018 Administrative Review of the Antidumping Duty Order on Circular Welded Non-Alloy Steel Pipe from the Republic of Korea, dated concurrently with, and hereby adopted by, this notice Issues and Decision Memorandum.
4 Id.

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document and is on file electronically via Enforcement and Compliances Antidumping and Countervailing Duty Centralized Electronic Service System ACCESS. ACCESS is available to registered users at https
access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed at htttp
enforcement.trade.gov/frn/index.html.
Changes Since the Preliminary Results Based on a review of the record and comments received from interested parties regarding our Preliminary Results, and for the reasons explained in the Issues and Decision Memorandum, we made certain changes for these final results of review.
Final Determination of No Shipments In the Preliminary Results, Commerce determined that HiSteel had no shipments of subject merchandise during the POR. No party commented on this issue and because we have not received any information to contradict our preliminary finding, we continue to find that HiSteel did not have any shipments of subject merchandise during the POR and intend to issue appropriate instructions to U.S.
Customs and Border Protection CBP
based on the final results of this review.
Rate for Non-Examined Companies The statute and Commerces regulations do not address the establishment of a rate to be applied to companies not selected for individual examination when Commerce limits its examination in an administrative review pursuant to section 777Ac2 of the Act. Generally, Commerce looks to section 735c5 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 735c5A of the Act, the all-others rate is normally an amount equal to the weighted average of the estimated weightedaverage 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. Section 735c5B of the Act also provides that, where all rates for individually examined companies are zero, de minimis, or based entirely on facts available, Commerce may use any reasonable method for assigning the rate to all other respondents. The SAA
states that one such reasonable method
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is to weight-average the rates that are zero, de minimis, and based entirely on facts available.5
In this review, we calculated weighted-average dumping margins for Husteel Co., Ltd. Husteel and Hyundai Steel Company Hyundai Steel that are zero percent, and we have assigned this zero percent rate to the 21 firms not selected for individual review under section 735c5B of the Act.6
Final Results of Review We determine that the following weighted-average dumping margins exists for the period November 1, 2018
through October 31, 2019:

Producer/exporter
Husteel Co., Ltd
Hyundai Steel Company 7

Weightedaverage dumping margin percent 0.00
0.00

Review-Specific Average Rate Applicable to the Following Companies Other Respondents 8

0.00

Disclosure We intend to disclose the calculations performed in connection with these final results to parties in this proceeding within five days of the date of publication of this notice, in accordance with 19 CFR 351.224b.
Assessment Rates Pursuant to section 751a2C of the Act and 19 CFR 351.212b, Commerce shall determine, and CBP shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this review. Because all respondents weighted-average dumping margins are zero or de minimis within the meaning of 19 CFR 351.106c1, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties.
For entries of subject merchandise during the POR produced by Husteel or Hyundai Steel for which they did not know that the merchandise was destined to the United States and for all entries attributed to HiSteel, for which we found no shipments during the POR, we will instruct CBP to liquidate those 5 See Statement of Administrative Action Accompanying the Uruguay Round Agreements Act, H.R. Doc. 103316, vol. 1 1994 SAA at 873.
6 See Albemarle Corp. v. United States, 821 F.3d 1345 Fed. Cir. 2016.
7 This company is also known as Hyundai Steel Corporation; Hyundai Steel; and Hyundai Steel Pipe Division.
8 See Appendix II for a full list of these companies.

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Federal Register - September 28, 2021

TítuloFederal Register

PaísEstados Unidos de América

Fecha28/09/2021

Nro. de páginas338

Nro. de ediciones7802

Primera edición14/03/1936

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