Federal Register - July 2, 2021

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Source: Federal Register

35268

Federal Register / Vol. 86, No. 125 / Friday, July 2, 2021 / Notices
Preliminary Determination to exclude oil country tubular goods covered by another order and all pipes meeting certain chemical requirements from the scope of this and the concurrent AD
investigation.3 We did not receive comments from interested parties on the Preliminary Scope Memorandum. As discussed in Preliminary Scope Decision Memorandum, Commerce modified the scope language as it appeared in the Initiation Notice to clarify certain exclusions. See the scope in the Appendix I to this notice.
Verification Commerce was unable to conduct onsite verification of the information relied upon in making its final determination in this investigation.
However, we took additional steps in lieu of an on-site verification to verify the information relied upon in making this final determination, in accordance with section 782i of the Act.4
Analysis of Subsidy Programs and Comments Received The subsidy programs under investigation and the issues raised in the case and rebuttal briefs by parties in this investigation are discussed in the Issues and Decision Memorandum. A
list of the issues raised by parties is attached to this notice at Appendix II.

lotter on DSK11XQN23PROD with NOTICES1

Methodology Commerce conducted this investigation in accordance with section 701 of the Act. For each of the subsidy programs found countervailable, Commerce determines that there is a subsidy, i.e., a financial contribution by an authority that gives rise to a benefit to the recipient, and that the subsidy is specific.5 For a full description of the methodology underlying our final determination, see the Issues and Decision Memorandum.
In making this final determination, Commerce is relying, in part, on facts otherwise available, including adverse facts available AFA, pursuant to sections 776a and b of the Act. For 3 See Memorandum, Antidumping and Countervailing Duty Investigations of Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe from the Czech Republic, the Republic of Korea, the Russian Federation, and Ukraine: Preliminary Scope Decision Memorandum, dated January 13, 2021
Preliminary Scope Decision Memorandum.
4 See Commerces Letter, Countervailing Duty Investigation of Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe from the Republic of Korea: In Lieu of On-Site Verification Questionnaire, dated March 9, 2021.
5 See sections 7715B and D of the Act regarding financial contribution; section 7715E
of the Act regarding benefit; and section 7715A of the Act regarding specificity.

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a full discussion of our application of AFA, see the Preliminary Determination and the section Use of Facts Otherwise Available and Adverse Inferences in the accompanying Issues and Decision Memorandum.6
Changes Since the Preliminary Determination Based on our review and analysis of the comments received from parties, as well as additional information collected in questionnaires issued subsequent to the Preliminary Determination, we made certain changes to the countervailable subsidy rate calculation for ILJIN. For a discussion of these changes, see the Issues and Decision Memorandum.
All-Others Rate Section 705c5A of the Act provides that in the final determination, Commerce shall determine an estimated all-others rate for companies not individually examined. This rate shall be an amount equal to the weighted average of the estimated subsidy rates established for those companies individually examined, excluding any zero and de minimis rates and any rates based entirely under section 776 of the Act.
In this investigation, Commerce calculated an individual estimated countervailable subsidy rate for ILJIN, the only individually examined exporter/producer, which is not zero, de minimis, or based entirely on facts otherwise available.7 Accordingly, we have assigned the estimated countervailable subsidy rate calculated for ILJIN to all other producers and exporters, pursuant to section 705c5Ai of the Act.

determination within five days of its public announcement, or if there is no public announcement, within five days of the date of publication of this notice in accordance with 19 CFR 351.224b.
Continuation of Suspension of Liquidation As a result of our Preliminary Determination and pursuant to sections 703d1B and d2 of the Act, we instructed U.S. Customs and Border Protection CBP to suspend liquidation of entries of subject merchandise from Korea that were entered, or withdrawn from warehouse, for consumption, effective December 11, 2020, which is the date of publication of the Preliminary Determination in the Federal Register.
In accordance with section 703d of the Act, effective April 10, 2021, we instructed CBP to discontinue the suspension of liquidation of all entries at that time, but to continue the suspension of liquidation of all entries between December 11, 2020, and April 9, 2021.
If the U.S. International Trade Commission ITC issues a final affirmative injury determination, we will issue a countervailing duty order, and continue to require a cash deposit of estimated countervailing duties for such entries of subject merchandise in the amounts indicated above, in accordance with section 706a of the Act. If the ITC determines that material injury, or threat of material injury, does not exist, this proceeding will be terminated, and all estimated duties deposited or securities posted as a result of the suspension of liquidation will be refunded or canceled.

ITC Notification In accordance with section 705d of the Act, we will notify the ITC of the final affirmative determination that countervailable subsidies are being provided to producers and exporters of Subsidy seamless pipe from Korea. Because the Company rate final determination in this proceeding is percent affirmative, in accordance with section ILJIN Steel Corporation
1.78 705b of the Act, the ITC will make its All Others
1.78 final determination as to whether the domestic industry in the United States Disclosure is materially injured or threatened with material injury, by reason of imports of Commerce intends to disclose to seamless pipe from Korea no later than interested parties its calculations and 45 days after our final determination. In analysis performed in this final addition, we are making available to the ITC all non-privileged and 6 See Preliminary Decision Memorandum at Use nonproprietary information related to of Facts Otherwise Available and Adverse Inferences; see also Issues and Decision this investigation. We will allow the ITC
Memorandum at Use of Facts Otherwise Available access to all privileged and business and Adverse Inference.
proprietary information in our files, 7 See Preliminary Determination, 85 FR at 80025;
provided the ITC confirms that it will see also Issues and Decision Memorandum at Calculation of the All-Others Rate.
not disclose such information, either
Final Determination Commerce determines that the following countervailable subsidy rates exist:

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Federal Register - July 2, 2021

TitreFederal Register

PaysÉtats-Unis

Date02/07/2021

Page count174

Edition count7798

Première édition14/03/1936

Dernière édition18/06/2026

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