Notice2023-09224
Light-Walled Rectangular Pipe and Tube From the People's Republic of China: Preliminary Results of the Antidumping Duty Administrative Review; 2021-2022
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
May 2, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S Department of Commerce (Commerce) is conducting the administrative review of the antidumping duty order on light-walled rectangular pipe and tube (LWRPT) from the People's Republic of China (China). The period of review (POR) is August 1, 2021, through July 31, 2022. Commerce preliminarily determines that Hangzhou Ailong Metal Product Co., Ltd. (Ailong) failed to establish its eligibility for a separate rate and, therefore, is part of the China-wide entity. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 88 Issue 84 (Tuesday, May 2, 2023)</title>
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[Federal Register Volume 88, Number 84 (Tuesday, May 2, 2023)]
[Notices]
[Pages 27444-27445]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-09224]
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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; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S Department of Commerce (Commerce) is conducting the
administrative review of the antidumping duty order on light-walled
rectangular pipe and tube (LWRPT) from the People's Republic of China
(China). The period of review (POR) is August 1, 2021, through July 31,
2022. Commerce preliminarily determines that Hangzhou Ailong Metal
Product Co., Ltd. (Ailong) failed to establish its eligibility for a
separate rate and, therefore, is part of the China-wide entity. We
invite interested parties to comment on these preliminary results.
DATES: Applicable May 2, 2023.
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
On August 2, 2022, Commerce published in the Federal Register a
notice of opportunity to request an administrative review of the
antidumping duty order on LWRPT from China \1\ for the POR.\2\ On
August 31, 2022, Home Depot U.S.A., Inc. (THD), a U.S. importer of
LWRPT from China, requested a review of Ailong, a producer and exporter
of subject merchandise.\3\ Subsequently, we initiated an administrative
review of the Order with respect to Ailong.\4\
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\1\ 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).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review and Join Annual Inquiry Service List, 87 FR 47187 (August 2,
2022).
\3\ See Home Depot U.S.A., Inc.'s Letter, ``Request for
Administrative Review,'' dated August 31, 2022.
\4\ Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 61278 (October 11, 2022). (Initiation
Notice).
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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. The
term carbon-quality steel includes both carbon steel and alloy steel
which contains only small amounts of alloying elements. Specifically,
the term carbon-quality includes products in which none of the elements
listed below exceeds the quantity by weight respectively indicated:
1.80 percent of manganese, or 2.25 percent of silicon, or 1.00 percent
of copper, or 0.50 percent of aluminum, or 1.25 percent of chromium, or
0.30 percent of cobalt, or 0.40 percent of lead, or 1.25 percent of
nickel, or 0.30 percent of tungsten, or 0.10 percent of molybdenum, or
0.10 percent of niobium, or 0.15 percent vanadium, or 0.15 percent of
zirconium. The description of carbon-quality is intended to identify
carbon-quality products within the scope. The welded carbon-quality
rectangular pipe and tube subject to this Order is currently classified
under the Harmonized Tariff Schedule of the United States (HTSUS)
subheadings 7306.61.50.00 and 7306.61.70.60. While HTSUS subheadings
are provided for convenience and CBP's customs purposes, our written
description of the scope of the Order is dispositive.
Methodology
Commerce is conducting this administrative review in accordance
with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the
Act), and 19 CFR 351.213.
China-Wide Entity
Commerce no longer considers the non-market economy (NME) entity as
an exporter conditionally subject to an antidumping duty administrative
review.\5\ Accordingly, the NME entity will not be under review unless
Commerce specifically receives a request for, or self-initiates, a
review of the NME entity. In this administrative review, no party
requested a review of the China-wide entity and we have not self-
initiated a review of the China-wide entity. Because we are not
conducting a review of the China-wide entity, the China-wide entity's
entries are not subject to the review, and the rate applicable to the
China-wide entity is not subject to change as a result of this review.
The weighted-average dumping margin previously determined for the
China-wide entity is 255.07 percent.\6\
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\5\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Non-Market Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963, 65970 (November 4,
2013).
\6\ See Order, 73 FR 45403; see also Implementation of
Determinations Under Section 129 of the Uruguay Round Agreements
Act: Certain New Pneumatic Off-the-Road Tires; Circular Welded
Carbon Quality Steel Pipe; Laminated Woven Sacks; and Light-Walled
Rectangular Pipe and Tube from the People's Republic of China, 77 FR
52683 (August 30, 2012).
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Preliminary Results of Review
The deadline for Ailong to submit a no-shipment certification,
separate rate application (SRA), or separate rate certification (SRC)
was November 10, 2022.\7\ Ailong, the only company under review, did
not submit an SRA or SRC. Thus, Commerce preliminarily determines that
Ailong has not demonstrated its eligibility for a separate rate and,
therefore, Ailong is part of the China-wide entity and subject to the
China-wide rate of 255.07 percent.
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\7\ See Initiation Notice, 87 FR 61278 (``If a producer or
exporter named in this notice of initiation had no exports, sales,
or entries during {POR{time} , it must notify Commerce within 30
days of publication of this notice in the Federal Register . . .
Separate Rate Applications are due to Commerce no later than 30
calendar days after publication of this Federal Register notice.'').
Thirty calendar days after the Initiation Notice published was
November 10, 2022.
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Public Comment
Interested parties are invited to comment on the preliminary
results and may submit case briefs or written comments, filed
electronically via Enforcement and Compliance's Antidumping Duty and
Countervailing Duty Centralized Electronic Service System (ACCESS),
within 30 days after the date of publication of these preliminary
results of review.\8\ ACCESS is available to registered users at
<a href="https://access.trade.gov">https://access.trade.gov</a>. Rebuttal briefs, limited to issues raised in
the case briefs, must be filed within seven days after the time limit
for filing case briefs.\9\ Parties who submit case or rebuttal briefs
in this proceeding are requested to submit with each argument a
statement of the issue, a brief summary of the argument, and a
[[Page 27445]]
table of authorities.\10\ Note that Commerce has temporarily modified
certain portions of its requirements for serving documents containing
business proprietary information, until further notice.\11\
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\8\ See 19 CFR 351.309(c)(1)(ii).
\9\ See 19 CFR 351.309(d)(1) and (2); see also Temporary Rule
Modifying AD/CVD Service Requirements Due to COVID-19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
\10\ See 19 CFR 351.309(c) and (d); see also 19 CFR 351.303 (for
general filing requirements).
\11\ See Temporary Rule, 85 FR at 41363.
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Interested parties who wish to request a hearing, or to participate
if one is requested, must submit a written request to the Assistant
Secretary for Enforcement and Compliance within 30 days of the date of
publication of this notice.\12\ Requests should contain: (1) the
party's name, address, and telephone number; (2) the number of
participants; and (3) a list of issues to be discussed. Issues raised
in the hearing will be limited to those raised in the respective case
and rebuttal briefs. If a request for a hearing is made, parties will
be notified of the time and date for a hearing to be held.\13\ Commerce
intends to issue the final results of this administrative review, which
will include the results of our analysis of all issues raised in the
case briefs, within 120 days of publication of these preliminary
results in the Federal Register, unless extended, pursuant to section
751(a)(3)(A) of the Act.
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\12\ See 19 CFR 351.310(c).
\13\ See 19 CFR 310(d).
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Assessment Rates
Upon issuance of the final results of this review, Commerce will
determine, and CBP will assess, antidumping duties on all appropriate
entries covered by this review.\14\ We intend to instruct CBP to
liquidate entries of subject merchandise exported by Ailong, if we
continue to determine in the final results Ailong to be part of the
China-wide entity, at the China-wide entity rate of 255.07 percent.\15\
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\14\ See 19 CFR 351.212(b)(1).
\15\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
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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).
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of review, as provided for by section 751(a)(2)(C) of the
Act: (1) for Ailong, if it is found to not be eligible for a separate
rate in the final results of review, then its cash deposit rate will be
the rate applicable for the China-wide entity; (2) for previously
investigated or reviewed Chinese and non-Chinese exporters who are not
under review in this segment of the proceeding but who have separate
rates, the cash deposit rate will continue to be the exporter specific
rate published for the most recent period; (3) for all Chinese
exporters of subject merchandise that have not been found to be
entitled to a separate rate, the cash deposit rate will be the China-
wide rate of 255.07 percent; and (4) for all non-Chinese exporters of
subject merchandise which have not received their own rate, the cash
deposit rate will be the rate applicable to Chinese exporter(s) that
supplied that non-Chinese 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, and/or an increase in the amount of antidumping duties by the
amount of the countervailing duties.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4).
Dated: April 25, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-09224 Filed 5-1-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on May 2, 2023.
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