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Notice

Circular Welded Non-Alloy Steel Pipe From the Republic of Korea; Certain Oil Country Tubular Goods From the Republic of Korea; Welded Line Pipe From the Republic of Korea; and Large Diameter Welded Pipe From the Republic of Korea: Notice of Preliminary Results of Antidumping Duty Changed Circumstances Reviews

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What is this Federal Register notice?

This is a notice published in the Federal Register by Commerce Department, International Trade Administration. Notices communicate information, guidance, or policy interpretations but may not create new binding obligations.

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Document Details

Document Number2024-23983
TypeNotice
PublishedOct 17, 2024
Effective Date-
RIN-
Docket IDA-580-809, A-580-870, A-580-876, A-580-897
Text FetchedYes

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Full Document Text (1,722 words · ~9 min read)

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<NOTICE> DEPARTMENT OF COMMERCE <SUBAGY>International Trade Administration</SUBAGY> <DEPDOC>[A-580-809, A-580-870, A-580-876, A-580-897]</DEPDOC> <SUBJECT>Circular Welded Non-Alloy Steel Pipe From the Republic of Korea; Certain Oil Country Tubular Goods From the Republic of Korea; Welded Line Pipe From the Republic of Korea; and Large Diameter Welded Pipe From the Republic of Korea: Notice of Preliminary Results of Antidumping Duty Changed Circumstances Reviews</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Enforcement and Compliance, International Trade Administration, Department of Commerce. <SUM> <HD SOURCE="HED">SUMMARY:</HD> The U.S. Department of Commerce (Commerce) preliminarily determines that Hyundai Steel Pipe Co., Ltd. (HSP) is the successor-in-interest to Hyundai Steel Company (Hyundai Steel) in the context of the antidumping duty (AD) orders on circular welded non-alloy steel pipe (CWP), certain oil country tubular goods (OCTG), welded line pipe (WLP), and large diameter welded pipe (LDWP) from the Republic of Korea (Korea). Therefore, HSP is entitled to Hyundai Steel's AD cash deposit rate with respect to entries of the subject merchandise in the above-referenced proceedings. Interested parties are invited to comment on these preliminary results. </SUM> <DATES> <HD SOURCE="HED">DATES:</HD> Applicable October 17, 2024. </DATES> <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> George McMahon, 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) 482-1167. </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <HD SOURCE="HD1">Background</HD> On March 11, 2024, HSP requested that, pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended (the Act), 19 CFR 351.216, and 19 CFR 351.221(c)(3), Commerce conduct a changed circumstances review (CCR) to determine that HSP is the successor-in-interest to Hyundai Steel and, accordingly, to assign HSP the cash deposit rates currently applicable to Hyundai Steel pursuant to the <E T="03">CWP Order; OCTG Order; Welded Line Pipe Order;</E> and <E T="03">LDWP Order.</E> <SU>1</SU> <FTREF/> On April 25, 2024, Commerce published the notice of initiation of a CCR to determine if HSP is the successor-in-interest to Hyundai Steel in the above-referenced <E T="03">Orders.</E> <SU>2</SU> <FTREF/> <FTNT> <SU>1</SU>   <E T="03">See Notice of Antidumping Orders: Certain Circular Welded Non-Alloy Steel Pipe from Brazil, the Republic of Korea (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,</E> 57 FR 49453 (November 2, 1992) ( <E T="03">CWP Order</E> ); <E T="03">Certain Oil Country Tubular Goods from India, the Republic of Korea, Taiwan, the Republic of Turkey, and the Socialist Republic of Vietnam: Antidumping Duty Orders; Certain Oil Country Tubular Goods from the Socialist Republic of Vietnam: Amended Final Determination of Sales at Less Than Fair Value,</E> 79 FR 53691 (September 10, 2014) ( <E T="03">OCTG Order</E> ); <E T="03">Welded Line Pipe from the Republic of Korea and the Republic of Turkey: Antidumping Duty Orders,</E> 80 FR 75056 (December 1, 2015) ( <E T="03">WLP Order</E> ); and <E T="03">Large Diameter Welded Pipe from the Republic of Korea: Amended Final Affirmative Antidumping Determination and Antidumping Duty Order,</E> 84 FR 18767 (May 2, 2019) ( <E T="03">LDWP Order</E> ) (collectively, the <E T="03">Orders</E> ). </FTNT> <FTNT> <SU>2</SU>   <E T="03">See Circular Welded Non-Alloy Steel Pipe from the Republic of Korea; Oil Country Tubular Goods from the Republic of Korea; Welded Line Pipe from the Republic of Korea; and Large Diameter Welded Pipe from the Republic of Korea: Notice of Initiation of Antidumping Duty Changed Circumstances Reviews,</E> 89 FR 31726 (April 25, 2024). </FTNT> <HD SOURCE="HD1">Scope of the Orders</HD> The merchandise covered by these orders is CWP, OCTG, WLP, and LDWP from Korea. For a complete description of the scope of each of these orders, <E T="03">see</E> the Preliminary Decision Memorandum. <SU>3</SU> <FTREF/> <FTNT> <SU>3</SU>   <E T="03">See</E> Memorandum, “Decision Memorandum for the Preliminary Results of Antidumping Duty Changed Circumstances Review of Circular Welded Non-Alloy Steel Pipe from the Republic of Korea; Certain Oil Country Tubular Goods from the Republic of Korea; Welded Line Pipe from the Republic of Korea; and Large Diameter Welded Pipe from the Republic of Korea,” dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). </FTNT> <HD SOURCE="HD1">Legal Framework</HD> In determining whether one company is the successor-in-interest to another company as part of an AD proceeding, Commerce examines several factors including, but not limited to: (1) management and ownership; (2) production facilities; (3) supplier relationships; and (4) customer base. <SU>4</SU> <FTREF/> Although no single factor, or combination of factors, will necessarily provide a dispositive indication of successorship, generally, Commerce will consider one company to be the successor-in-interest to another company if its operations are not materially dissimilar to those of the other company. <SU>5</SU> <FTREF/> Thus, if the totality of the evidence demonstrates that, with respect to the production and sale of the subject merchandise, the new company operates as the same business entity as the prior company, Commerce will find the new company to be the successor-in-interest to the prior company and assign the new company the cash deposit rate of its predecessor. <SU>6</SU> <FTREF/> <FTNT> <SU>4</SU>   <E T="03">See, e.g., Ball Bearings and Parts Thereof from France: Final Results of Changed-Circumstances Review,</E> 75 FR 34688 (June 18, 2010), and accompanying Issues and Decision Memorandum (IDM) at Comment 1. </FTNT> <FTNT> <SU>5</SU>   <E T="03">See, e.g., Fresh and Chilled Atlantic Salmon from Norway; Final Results of Changed Circumstances Antidumping Duty Administrative Review,</E> 64 FR 9979, 9979-80 (March 1, 1999). </FTNT> <FTNT> <SU>6</SU>   <E T="03">Id.; see also Brass Sheet and Strip from Canada; Final Results of Antidumping Duty Administrative Review,</E> 57 FR 20460 (May 13, 1992), and accompanying IDM at Comment 1. </FTNT> <HD SOURCE="HD1">Preliminary Results of the CCR</HD> In accordance with 19 CFR 351.216, we preliminarily determine that HSP is the successor-in-interest to Hyundai Steel with respect to the subject merchandise and the <E T="03">Orders</E> because record evidence, as submitted by HSP, indicates that HSP operates as essentially the same business entity as Hyundai Steel. HSP's management and ownership, production facilities, supplier relationships, and customer base are the same, or substantially the same, as those of Hyundai Steel. Based on the foregoing, which is explained in greater detail in the Preliminary Decision Memorandum, we preliminarily determine that HSP is the successor-in-interest to Hyundai Steel and, as such, that HSP is entitled to Hyundai Steel's AD cash deposit rates with respect to entries of subject merchandise. For a complete discussion of the information that HSP provided, and the complete successor-in-interest analysis, <E T="03">see</E> the Preliminary Decision Memorandum. A list of topics discussed in the Preliminary Decision Memorandum is included as an appendix to this notice. 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 is available to registered users at <E T="03">https://access.trade.gov.</E> In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at <E T="03">https://access.trade.gov/public/FRNoticesListLayout.aspx.</E> <HD SOURCE="HD1">Public Comment</HD> In accordance with 19 CFR 351.309(c)(1)(ii), interested parties may submit case briefs no later than 14 days after the date of publication of this notice. Rebuttal briefs, limited to issues raised in case briefs, may be filed no later than seven days after the case briefs, in accordance with 19 CFR 351.309(d). Interested parties who submit case or rebuttal briefs must submit: (1) a table of contents listing each issue discussed in the brief; and (2) a table of authorities. <SU>7</SU> <FTREF/> As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior proceedings we have encouraged interested parties to provide an executive summary of their brief that should be limited to five pages total, including footnotes. In this review, we instead request that interested parties provide at the beginning of their briefs a public, executive summary for each issue raised in their briefs. <SU>8</SU> <FTREF/> Further, we request that interested parties limit their executive summary of each issue to no more than 450 words, not including citations. We intend to use the executive summaries as the basis of the comment summaries included in the issues and decision memorandum that will accompany the final results in this review. We request that interested parties include footnotes for relevant citations in the executive summary of each issue. <FTNT> <SU>7</SU>   <E T="03">See</E> 19 CFR 351.309(c)(2) and (d)(2). </FTNT> <FTNT> <SU>8</SU>  We use the term “issue” here to describe an argument that Commerce would normally address in a comment of the Issues and Decision Memorandum. </FTNT> Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal b ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 12k characters. Full document text is stored and available for version comparison. ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━
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