Notice2023-26471
Light-Walled Welded Rectangular Carbon Steel Tubing From Taiwan: Rescission of Antidumping Duty Administrative Review; 2022-2023
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
December 1, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is rescinding the administrative review of the antidumping duty (AD) order on light- walled welded rectangular carbon steel tubing (LWRT) from Taiwan for the period of review (POR) March 1, 2022, through February 28, 2023.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 230 (Friday, December 1, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 230 (Friday, December 1, 2023)]
[Notices]
[Pages 83921-83923]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-26471]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-803]
Light-Walled Welded Rectangular Carbon Steel Tubing From Taiwan:
Rescission of Antidumping Duty Administrative Review; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is rescinding the
administrative review of the antidumping duty (AD) order on light-
walled welded rectangular carbon steel tubing (LWRT) from Taiwan for
the period of review (POR) March 1, 2022, through February 28, 2023.
DATES: Applicable December 1, 2023.
FOR FURTHER INFORMATION CONTACT: Thomas Schauer, AD/CVD Operations,
Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-0410.
SUPPLEMENTARY INFORMATION:
[[Page 83922]]
Background
On March 27, 1989, Commerce published in the Federal Register an AD
order on LWRT from Taiwan.\1\ On March 2, 2023, we published in the
Federal Register a notice of opportunity to request an administrative
review of the Order.\2\ On May 9, 2023, based on a timely request for
an administrative review, Commerce initiated this administrative review
with respect to one company, Hoa Phat Steel Pipe Company Limited (Hoa
Phat).\3\
---------------------------------------------------------------------------
\1\ See Antidumping Duty Order; Light-Walled Welded Rectangular
Carbon Steel Tubing From Taiwan, 54 FR 12467 (March 27, 1989)
(Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review and Join Annual Inquiry Service List, 88 FR 13091 (March 2,
2023).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 29881, 29884 (May 9, 2023).
---------------------------------------------------------------------------
On May 17, 2023, we placed on the record U.S. Customs and Border
Protection (CBP) data for entries of LWRT from Taiwan during the POR,
showing no suspended entries, and invited interested parties to comment
on the CBP data.\4\ No interested party submitted comments to Commerce.
On June 8, 2023, Hoa Phat submitted a certification that it had no
exports, sales, or entries during the POR.\5\
---------------------------------------------------------------------------
\4\ See Memorandum, ``U.S. Customs and Border Protection Data
Release,'' dated May 17, 2023.
\5\ See Hoa Phat's Letter, ``Notice of No Sale,'' dated June 8,
2023.
---------------------------------------------------------------------------
On October 2, 2023, Commerce notified all interested parties of its
intent to rescind the review in full because there were no suspended
entries by any of the companies subject to this review during the POR
and invited interested parties to comment on Commerce's intent to
rescind.\6\ On October 10, 2023, Hoa Phat submitted comments regarding
Commerce's intent to rescind the review.\7\ No other interested parties
commented on the Intend to Rescind Memorandum.
---------------------------------------------------------------------------
\6\ See Memorandum, ``Intent to Rescind Review,'' dated October
2, 2023.
\7\ See Hoa Phat's Letter, ``Comment on Intent to Rescind the
Review,'' dated October 10, 2023.
---------------------------------------------------------------------------
Interested-Party Comment
Hoa Phat argues that Commerce should grant Hoa Phat the right to
properly certify the origin of the hot-rolled steel used to produce the
LWRT exported to the United States during the POR for both past and
future entries.\8\ Hoa Phat contends that it requested an
administrative review here so that Commerce could determine whether any
of Hoa Phat's exports were, in fact, subject to the Order, and to
reconsider Hoa Phat's eligibility for the hot-rolled steel
certification process.\9\ According to Hoa Phat, Commerce has
previously explained that an administrative review is its preferred
mechanism for reconsidering certification eligibility.\10\ Hoa Phat
asserts that, for Commerce to have expressed a preferred path for
reconsideration of certification eligibility but then to deny that
mechanism for reconsideration to Hoa Phat would be inconsistent with
its stated practice and an abuse of discretion.\11\
---------------------------------------------------------------------------
\8\ Id. at 1-2.
\9\ Id. at 2.
\10\ Id. at 3-4 (citing, e.g., Antidumping and Countervailing
Duty Orders on Crystalline Silicon Photovoltaic Cells, Whether or
Not Assembled Into Modules, from the People's Republic of China:
Final Scope Determination and Final Affirmative Determinations of
Circumvention With Respect to Cambodia, Malaysia, Thailand, and
Vietnam, 88 FR 57419 (August 23, 2023), and accompanying Vietnam
Issues and Decision Memorandum (IDM) at Comment 19; and Certain
Hardwood Plywood Products from the People's Republic of China: Final
Scope Determination and Affirmative Final Determination of
Circumvention of the Antidumping and Countervailing Duty Orders, 88
FR 46470 (July 20, 2023), and accompanying IDM at Comment 13,
Subsection, ``Reconsidering Certification Eligibility'').
\11\ Id. at 4.
---------------------------------------------------------------------------
We disagree with Hoa Phat. In LWRT Tubing Circumvention Final, we
stated that, ``{b{time} ecause entries of LWR tubing produced or
exported by Hoa Phat currently must be entered as subject to the cash
deposit rates established under the LWRPT China Orders pursuant to
Commerce's {preliminary determination{time} , Hoa Phat, or any other
interested party with standing to request a review of Hoa Phat's
entries may request an administrative review of its entries under the
LWRPT China Orders.'' \12\ Thus, the proper venue for Commerce to
reconsider Hoa Phat's certification eligibility is in the context of
administrative reviews of the LWRPT China Orders. In fact, Commerce
initiated an administrative review of Hoa Phat on each of the LWRPT
China Orders.\13\
---------------------------------------------------------------------------
\12\ See Light-Walled Welded Rectangular Carbon Steel Tubing
from Taiwan: Final Affirmative Determination of Circumvention of the
Antidumping Duty Order, 88 FR 77274 (November 9, 2023) (LWRT Tubing
Circumvention Final), and accompanying IDM at Comment 5 (citing
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); and Light-Walled
Rectangular Pipe and Tube from the People's Republic of China:
Notice of Countervailing Duty Order, 73 FR 45405 (August 5, 2008)
(collectively, LWRPT China Orders)).
\13\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 71829, 71835, 71837 (October 18,
2023).
---------------------------------------------------------------------------
Accordingly, we are rescinding this review because there are no
suspended entries during the POR for any of the companies for which
this review has been initiated. Further, Hoa Phat's opportunity to
request that Commerce reconsider its eligibility to certify the origin
of the hot-rolled steel which it used to produce LWRPT, as provided for
in the LWRT Tubing Circumvention Final, has not been abrogated, and Hoa
Phat's eligibility to certify will be determined in the context of the
LWRPT China Orders administrative reviews.
Rescission of Review
Pursuant to 19 CFR 351.213(d)(3), it is Commerce's practice to
rescind an administrative review of an AD order when there are no
suspended entries during the POR for the companies for which the review
was initiated.\14\ Normally, upon completion of an administrative
review, the suspended entries are liquidated at the AD assessment rate
calculated for the review period.\15\ Therefore, for an administrative
review to be conducted, there must be at least one suspended entry for
which Commerce can instruct CBP to liquidate at the AD assessment rate
calculated for the review period.\16\ As noted above, there were no
suspended entries for any of the companies subject to this review
during the POR. Accordingly, in the absence of suspended entries during
the POR, we are hereby rescinding this administrative review, in its
entirety, in accordance with 19 CFR 351.213(d)(3).
---------------------------------------------------------------------------
\14\ See, e.g., Dioctyl Terephthalate from the Republic of
Korea: Rescission of Antidumping Administrative Review; 2021-2022,
88 FR 24758 (April 24, 2023); see also Certain Carbon and Alloy
Steel Cut- to Length Plate from the Federal Republic of Germany:
Recission of Antidumping Administrative Review; 2020-2021, 88 FR
4157 (January 24, 2023).
\15\ See 19 CFR 351.212(b)(1).
\16\ See 19 CFR 351.213(d)(3).
---------------------------------------------------------------------------
Assessment
Commerce will instruct CBP to assess antidumping duties on all
appropriate entries. Antidumping duties shall be assessed at rates
equal to the cash deposit rate of estimated antidumping duties required
at the time of entry, or withdrawal from warehouse, for consumption, in
accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue
assessment instructions to CBP no earlier than 35 days after the date
of publication of this rescission notice in the Federal Register.
Notification Regarding Administrative Protective Order
This notice serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information
[[Page 83923]]
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely
written notification of the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and terms of an APO is a violation subject
to sanction.
Notification to Interested Parties
This notice is issued and published in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4).
Dated: November 28, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2023-26471 Filed 11-30-23; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on December 1, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.