Notice2022-19524
Light-Walled Rectangular Pipe and Tube From the People's Republic of China: Preliminary Results of the Antidumping Duty Administrative Review; 2020-2021
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 9, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily finds that Hangzhou Ailong Metal Products Co., Ltd. (Ailong) made sales of subject merchandise at prices below normal value (NV). The period of review (POR) is August 1, 2020, through July 31, 2021. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 87 Issue 174 (Friday, September 9, 2022)</title>
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[Federal Register Volume 87, Number 174 (Friday, September 9, 2022)]
[Notices]
[Pages 55392-55394]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-19524]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-914]
Light-Walled Rectangular Pipe and Tube From the People's Republic
of China: Preliminary Results of the Antidumping Duty Administrative
Review; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that Hangzhou Ailong Metal Products Co., Ltd. (Ailong) made sales of
subject merchandise at prices below normal value (NV). The period of
review (POR) is August 1, 2020, through July 31, 2021. Interested
parties are invited to comment on these preliminary results.
DATES: Applicable September 9, 2022.
FOR FURTHER INFORMATION CONTACT: Magd Zalok, AD/CVD Operations, Office
IV, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-4162.
SUPPLEMENTARY INFORMATION:
Background
This administrative review is being conducted in accordance with
section 751(a) of the Tariff Act of 1930, as amended (the Act). On
August 2, 2021, Commerce notified interested parties of the opportunity
to request an
[[Page 55393]]
administrative review of orders, findings, or suspended investigations
with anniversaries in August 2020, including the antidumping duty (AD)
order on light-walled rectangular pipe and tube (LWRPT) from the
People's Republic of China (China).\1\ On October 7, 2021, Commerce
published a notice initiating an AD administrative review of LWRPT from
China covering one company, Ailong, for the POR.\2\ On April 19, 2022,
Commerce extended the deadline for the preliminary results of this
review by a total of 120 days, to August 31, 2022.\3\
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\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review, 86 FR 41436 (August 2, 2021).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 55811 (October 7, 2021) (Initiation
Notice).
\3\ See Memorandum, ``Light-Walled Rectangular Pipe and Tube
from the People's Republic of China: Extension of Deadline for
Preliminary Results of Antidumping Duty Administrative Review,''
dated April 19, 2022.
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During the course of this review, Ailong responded to Commerce's
initial and supplemental questionnaires. Nucor Tubular Products, Inc.
(Nucor), a domestic producer and an interested party in this review,
commented on certain responses. For details regarding the events that
occurred subsequent to the initiation of the review, see the
Preliminary Decision Memorandum. A list of topics included in the
Preliminary Decision Memorandum is included in the 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 <a href="https://access.trade.gov">https://access.trade.gov</a>. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Scope of the Order
The merchandise subject to this order is certain welded carbon
quality light-walled steel pipe and tube, of rectangular (including
square) cross section, having a wall thickness of less than 4 mm.\4\
For a full description of the scope, see the Preliminary Decision
Memorandum.
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\4\ For a complete description of the scope of the Order, see
Memorandum, ``Light-Walled Rectangular Pipe and Tube from the
People's Republic of China: Decision Memorandum for the Preliminary
Results of the 2020-2021 Antidumping Duty Administrative Review,''
dated concurrently with this notice (Preliminary Decision
Memorandum).
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Separate Rate Status
Based on the criteria established by Sparklers \5\ and Silicon
Carbide,\6\ Commerce preliminarily determines that the information
placed on the record by Ailong demonstrates an absence of de jure and
de facto government control over its export activities. Therefore, we
have preliminarily granted Ailong separate rate status. For details
regarding our analysis, see the Preliminary Decision Memorandum.
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\5\ See Final Determination of Sales at Less Than Fair Value:
Sparklers from the People's Republic of China, 56 FR 20588 (May 6,
1991) (Sparklers).
\6\ See Notice of Final Determination of Sales at Less Than Fair
Value: Silicon Carbide from the People's Republic of China, 59 FR
22585 (May 2, 1994) (Silicon Carbide).
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China-Wide Entity
Commerce's policy regarding conditional review of the China-wide
entity applies to this administrative review.\7\ Under this policy, the
China-wide entity will not be under review unless a party specifically
requests, or Commerce self-initiates, a review of the entity. Because
no party requested a review of the China-wide entity in this review,
the entity is not under review and the weighted-average dumping margin
determined for the China-wide entity (i.e., 255.07 percent) is not
subject to change as a result of this review.\8\ For additional
information, see the Preliminary Decision Memorandum.
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\7\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
\8\ See Light-Walled Rectangular Pipe and Tube from Mexico, the
People's Republic of China, and the Republic of Korea: Antidumping
Duty Orders; Light-Walled Rectangular Pipe and Tube from the
Republic of Korea: Notice of Amended Final Determination of Sales at
Less Than Fair Value, 73 FR 45403 (August 5, 2008) (Order).
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Act. We calculated export prices in accordance with
section 772 of the Act. Because China is a non-market economy country
within the meaning of section 771(18) of the Act, we calculated NV in
accordance with section 773(c) of the Act.
For a full description of the methodology underlying the
preliminary results of review, see the Preliminary Decision Memorandum,
which is hereby adopted by this notice.
Preliminary Results of Review
We are preliminarily assigning the following weighted-average
dumping margin to the firm listed below for the period August 1, 2020,
through July 31, 2021:
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Weighted-
average
Producers/exporters dumping
margin
(percent)
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Hangzhou Ailong Metal Products Co., Ltd.................... 45.02
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Disclosure and Public Comment
Commerce intends to disclose to parties to the proceeding the
calculations performed for these preliminary results of review within
five days of the date of publication of this notice in the Federal
Register in accordance with 19 CFR 351.224(b). Interested parties may
submit case briefs to Commerce no later than 30 days after the date of
publication of these preliminary results of review in the Federal
Register.\9\ Rebuttal briefs may be filed with Commerce no later than
seven days after case briefs are due and may respond only to arguments
raised in the case briefs.\10\ Parties who submit case briefs or
rebuttal briefs in this proceeding are encouraged to submit with each
argument: (1) a statement of the issue; (2) a brief summary of the
argument; and (3) a table of authorities.\11\ A table of contents, list
of authorities used, and an executive summary of issues should
accompany any briefs submitted to Commerce. The summary should be
limited to five pages total, including footnotes.\12\ Case and rebuttal
briefs should be filed using ACCESS and must be served on interested
parties.\13\
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\9\ See 19 CFR 351.309(c)(1)(ii).
\10\ See 19 CFR 351.309(d).
\11\ See 19 CFR 351.309(c)(2) and (d)(2).
\12\ Id.
\13\ See 19 CFR 351.303 (for general filing requirements).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice in the Federal Register.
Requests for a hearing should contain: (1) the requesting party's name,
address, and telephone number; (2) the number of individuals associated
with the requesting party that will attend the hearing and whether any
of those individuals is a foreign national; and (3) a list of the
issues the party intends to discuss at the hearing. Oral arguments at
the hearing will be
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limited to issues raised in the briefs. If a request for a hearing is
made, Commerce will announce the date and time of the hearing. Parties
should confirm by telephone the date and time of the hearing two days
before the scheduled hearing date.
All submissions, with limited exceptions, must be filed
electronically using ACCESS.\14\ An electronically filed document must
be received successfully in its entirety by Commerce's electronic
records system, ACCESS, by 5 p.m. Eastern Time (ET) on the due
date.\15\ Note that Commerce has temporarily modified certain of its
requirements for serving documents containing business proprietary
information until further notice.\16\ Unless otherwise extended,
Commerce intends to issue the final results of this administrative
review, which will include the results of its analysis of issues raised
in any briefs, within 120 days of publication of these preliminary
results of review in the Federal Register, pursuant to section
751(a)(3)(A) of the Act.
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\14\ Id.; see also Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures; Administrative Protective
Order Procedures, 76 FR 39263 (July 6, 2011).
\15\ Id.
\16\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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Assessment Rates
Upon issuance of the final results of review, Commerce will
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries covered by the final
results of review.\17\ Commerce intends to issue assessment
instructions to CBP no earlier than 35 days after the date of
publication of the final results of this review in the Federal
Register. If a timely summons is filed at the U.S. Court of
International Trade, the assessment instructions will direct CBP not to
liquidate relevant entries until the time for parties to file a request
for a statutory injunction has expired (i.e., within 90 days of
publication).
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\17\ See 19 CFR 351.212(b)(1).
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We will calculate importer/customer-specific assessment rates equal
to the ratio of the total amount of dumping calculated for examined
sales to a particular importer/customer to the total entered value of
those sales, in accordance with 19 CFR 351.212(b)(1).\18\ Where the
respondent reported reliable entered values, Commerce intends to
calculate importer/customer-specific ad valorem assessment rates by
dividing the total amount of dumping calculated for all reviewed U.S.
sales to the importer/customer by the total entered value of the
merchandise sold to the importer/customer.\19\ Where the respondent did
not report entered values, Commerce will calculate importer/customer-
specific assessment rates by dividing the total amount of dumping
calculated for all reviewed U.S. sales to the importer/customer by the
total quantity of those sales. Commerce will calculate an estimated ad
valorem importer/customer-specific assessment rate to determine whether
the per-unit assessment rate is de minimis; however, Commerce will use
the per-unit assessment rate where entered values were not
reported.\20\ Where an importer/customer-specific ad valorem assessment
rate is not zero or de minimis, Commerce will instruct CBP to collect
the appropriate duties at the time of liquidation. Where either the
respondent's ad valorem weighted-average dumping margin is zero or de
minimis, or an importer/customer-specific ad valorem assessment rate is
zero or de minimis,\21\ Commerce will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties.
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\18\ We applied the assessment rate calculation method adopted
in Antidumping Proceedings: Calculation of the Weighted-Average
Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012).
\19\ See 19 CFR 351.212(b)(1).
\20\ Id.
\21\ See 19 CFR 351.106(c)(2).
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Pursuant to Commerce's refinement to its practice, for sales that
were not reported in the U.S. sales database submitted by a respondent
individually examined during this review, Commerce will instruct CBP to
liquidate the entry of such merchandise at the dumping margin assigned
to the China-wide entity.\22\
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\22\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full
discussion of this practice.
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In accordance with section 751(a)(2)(C) of the Act, the final
results of this review shall be the basis for the assessment of
antidumping duties on entries of merchandise covered by the final
results of this review and for future deposits of estimated antidumping
duties, where applicable.
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of light-walled rectangular pipe and tube from China entered,
or withdrawn from warehouse, for consumption on or after the date of
publication of the notice of the final results of this administrative
review in the Federal Register, as provided for by section 751(a)(2)(C)
of the Act: (1) for Ailong, the cash deposit rate will be equal to the
weighted-average dumping margin established in the final results of
this review for the company (except, if the rate de minimis, then a
cash deposit rate of zero will be required); (2) for previously
investigated or reviewed China and non-China exporters not listed above
that received a separate rate in a prior segment of this proceeding,
the cash deposit rate will continue to be the existing exporter-
specific rate; (3) for all China exporters of subject merchandise that
have not been found to be entitled to a separate rate, the cash deposit
rate will be the rate for the China-wide entity, which is 255.07
percent; and (4) for all non-China exporters of subject merchandise
that have not received their own rate, the cash deposit rate will be
the rate applicable to China exporter(s) that supplied that non-China
exporter. These deposit requirements, when imposed, shall remain in
effect until further notice.
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping and/or countervailing duties
prior to liquidation of the relevant entries during this review period.
Failure to comply with this requirement could result in Commerce's
presumption that reimbursement of antidumping and/or countervailing
duties occurred and the subsequent assessment of double antidumping
duties.
Notification to Interested Parties
These preliminary results of administrative review are issued and
published in accordance with sections 751(a)(l) and 777(i)(l) of the
Act and 19 CFR 351.213(h)(1).
Dated: August 31, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion Of Methodology
V. Recommendation
[FR Doc. 2022-19524 Filed 9-8-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on September 9, 2022.
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