Notice2024-17997
Welded Stainless Steel Pressure Pipe From the Socialist Republic of Vietnam: Preliminary Results 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
August 13, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that Sonha SSP Vietnam Sole Member Company Limited (Sonha SSP) and Vinlong Stainless Steel (Vietnam) Co., Ltd. (Vinlong) sold subject merchandise to the United States at less than normal value (NV) during the period of review (POR) July 1, 2022, through June 30, 2023.
Full Text
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<title>Federal Register, Volume 89 Issue 156 (Tuesday, August 13, 2024)</title>
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[Federal Register Volume 89, Number 156 (Tuesday, August 13, 2024)]
[Notices]
[Pages 65849-65852]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-17997]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-816]
Welded Stainless Steel Pressure Pipe From the Socialist Republic
of Vietnam: Preliminary Results 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) preliminarily
determines that Sonha SSP Vietnam Sole Member Company Limited (Sonha
SSP) and Vinlong Stainless Steel (Vietnam) Co., Ltd. (Vinlong) sold
subject merchandise to the United States at less than normal value (NV)
during the period of review (POR) July 1, 2022, through June 30, 2023.
DATES: Applicable August 13, 2024.
FOR FURTHER INFORMATION CONTACT: Luke Caruso or Maisha Cryor, AD/CVD
Operations, Office IV, Enforcement and
[[Page 65850]]
Compliance, International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone:
(202) 482-2081 or (202) 482-5831, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 21, 2014, Commerce published in the Federal Register the
antidumping duty (AD) order on welded stainless steel pressure pipe
(welded pressure pipe) from Socialist Republic of Vietnam (Vietnam). On
July 3, 2023, Commerce published in the Federal Register a notice of
opportunity to request an administrative review of the Order.\1\
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\1\ See Welded Stainless Pressure Pipe from Malaysia, Thailand,
and the Socialist Republic of Vietnam: Antidumping Duty Orders, 79
FR 42289 (July 21, 2014) (Order); and Antidumping or Countervailing
Duty Order, Finding, or Suspended Investigation; Opportunity To
Request Administrative Review and Join Annual Inquiry Service List,
87 FR 39461 (July 3, 2023).
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On September 11, 2023, Commerce published in the Federal Register
the initiation notice of an administrative review of the AD Order on
welded pressure pipe from Vietnam.\2\ Commerce selected Sonha SSP and
Vinlong as mandatory respondents in this administrative review.\3\ On
March 8, 2024, Commerce extended the deadline for these preliminary
results to July 30, 2024.\4\ On July 22, 2024, Commerce tolled certain
deadlines in this administrative proceeding by seven days.\5\ The
deadline for these preliminary results is now August 6, 2024. For a
complete description of the events that followed the initiation of this
administrative review, see the Preliminary Decision Memorandum.\6\
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\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 62322 (September 11, 2023) (Initiation
Notice).
\3\ See Memorandum, ``Respondent Selection,'' dated November 27,
2023.
\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated March 8,
2024.
\5\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review: Welded
Stainless Steel Pressure Pipe from the Socialist Republic of
Vietnam, 2022-2023,'' dated concurrently with, and hereby adopted
by, this notice (Preliminary Decision Memorandum).
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Scope of the Order
The merchandise covered by this Order is circular welded austenitic
stainless pressure pipe not greater than 14 inches in outside diameter.
A full description of the scope of the Order is contained in the
Preliminary Decision Memorandum.\7\
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\7\ Id.
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Vietnam-Wide Entity
Under Commerce's policy regarding the conditional review of the
Vietnam-wide entity,\8\ the Vietnam-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 Vietnam-wide entity in this review, the entity is not under
review, and the entity's rate (i.e., 16.25) is not subject to
change.\9\
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\8\ 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).
\9\ See Order.
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With the exception of Sonha SSP and Vinlong, Commerce considers all
other companies for which a review was requested and did not
demonstrate separate rate eligibility to be part of the Vietnam-wide
entity.\10\ For these preliminary results, we consider Mejonson
Industrial Vietnam Co., Ltd., to be part of the Vietnam-wide entity
because it did not file a separate rate application or certification.
For additional information, see the Preliminary Decision Memorandum.
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\10\ See Initiation Notice.
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). We
calculated export price in accordance with section 772 of the Act.
Because Vietnam 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
our conclusions, see the Preliminary Decision Memorandum. 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>. A
list of topics discussed in the Preliminary Decision Memorandum is
included in Appendix I of this notice. In addition, a complete version
of the Preliminary Decision Memorandum can be found at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Preliminary Results of the Administrative Review
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist for the administrative review
covering the period July 1, 2022, through June 30, 2023:
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Weighted-average
Exporter dumping margin
(percent)
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Sonha SSP Vietnam Sole Member Company Limited/Sonha 144.51
International Corporation \11\.....................
Vinlong Stainless Steel (Vietnam) Co., Ltd.......... 144.51
Vietnam-wide Entity................................. 16.25
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Disclosure and Public Comment
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\11\ We are treating these companies as a single entity for
puposes of this review. For a complete discussion, see Memorandum,
<gr-thn-eq>Affliation and Collapsing of Sonha International and
Sonha SSP Vietnam Sole Member Company Limited,<gr-thn-eq> dated
concurrently with this this memorandum.
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We intend to disclose the calculations performed to parties within
five days after public announcement of the preliminary results or, if
there is no public announcement, within five days of the date of
publication of this notice.\12\ Interested parties may submit case
briefs no later than 30 days after the date of publication of this
notice.\13\ Rebuttal briefs, limited to issues raised in the case
briefs, may be filed not later than five days after the date for filing
case briefs.\14\ Interested parties who submit case or rebuttal briefs
in this
[[Page 65851]]
proceeding must subm it: (1) a table of contents listing each issue;
and (2) a table of authorities.\15\
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\12\ See 19 CFR 351.224(b).
\13\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 (for
general filing requirements).
\14\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Procedures).
\15\ See 19 CFR 351.309(c)(2) and (d)(2).
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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 briefs 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.\16\ Further,
we request that interested parties limit their public executive summary
of each issue to no more than 450 words, not including citations. We
intend to use the public executive summaries as the basis of the
comment summaries included in the issues and decision memorandum that
will accompany the final results in this administrative review. We
request that interested parties include footnotes for relevant
citations in the public executive summary of each issue. Note that
Commerce has amended certain of its requirements pertaining to the
service of documents in 19 CFR 351.303(f).\17\
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\16\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\17\ See APO and Service Procedures.
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Interested parties who wish to request a hearing must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, filed electronically via ACCESS.\18\ Requests should
contain: (1) the party's name, address, and telephone number; (2) the
number of participants and whether any participant is a foreign
national; and (3) a list of issues to be discussed. Issues raised in
the hearing will be limited to those raised in case and rebuttal
briefs.\19\ If a request for a hearing is made, Commerce intends to
hold the hearing at a time and date to be determined. A hearing request
must be filed electronically using ACCESS and received in its entirety
by 5:00 p.m. Eastern Time within 30 days after the publication of this
notice.
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\18\ See 19 CFR 351.310(c).
\19\ See 19 CFR 351.310.
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Final Results of Review
Unless the deadline is extended, Commerce intends to issue the
final results of this review, including the results of its analysis of
the issues raised in any written briefs, no later than 120 days after
the date of publication of this notice, pursuant to section
751(a)(3)(A) of the Act and 19 CFR 351.213(h).
Assessment Rates
Upon issuing the final results, Commerce will determine, and U.S.
Customs and Border Protection (CBP) shall assess, antidumping duties on
all appropriate entries covered by this review.\20\ 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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\20\ See 19 CFR 351.212(b)(1).
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For each individually examined respondent in this review whose
weighted-average dumping margin in the final results of review is not
zero or de minimis (i.e., less than 0.5 percent), Commerce intends to
calculate importer/customer-specific assessment rates.\21\ Where the
respondent reported reliable entered values, Commerce intends to
calculate importer/customer-specific ad valorem assessment rates by
aggregating the amount of dumping calculated for all U.S. sales to the
importer/customer and dividing this amount by the total entered value
of the merchandise sold to the importer/customer.\22\ Where the
respondent did not report entered values, Commerce will calculate
importer/customer-specific assessment rates by dividing the amount of
dumping for reviewed 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.\23\ 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 weighted average dumping margin is zero or de minimis, or
an importer/customer-specific ad valorem assessment rate is zero or de
minimis, Commerce will instruct CBP to liquidate appropriate entries
without regard to antidumping duties.\24\
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\21\ See Antidumping Proceedings: Calculation of the Weighted
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012)
(Final Modification).
\22\ See 19 CFR 351.212(b)(1).
\23\ Id.
\24\ See Final Modifications, 77 FR at 8103.
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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 Vietnam-wide entity.\25\ For respondents not individually
examined in this administrative review that qualified for a separate
rate, the assessment rate will be equal to the weighted-average dumping
margin assigned to the respondent in the final results of this
review.\26\
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\25\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
\26\ See Drawn Stainless Steel Sinks from the People's Republic
of China: Preliminary Results of the Antidumping Duty Administrative
Review and Preliminary Determination of No Shipments: 2014-2015, 81
FR 29528 (May 12, 2016), and accompanying PDM at 10-11, unchanged in
Drawn Stainless Steel Sinks from the People's Republic of China:
Final Results of Antidumping Duty Administrative Review; Final
Determination of No Shipments; 2014-2015, 81 FR 54042 (August 15,
2016).
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Additionally, where Commerce determines that an exporter under
review had no shipments of subject merchandise to the United States
during the POR, any suspended entries of subject merchandise that
entered under that exporter's CBP case number during the POR will be
liquidated at the dumping margin assigned to the Vietnam-wide entity.
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 the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) for the exporters listed above, the cash
deposit rate will be equal to the weighted-average dumping margins
established in the final results of this review, except if the rate is
de minimis, in which case the cash deposit rate will be zero; (2) for
previously-examined Vietnamese and non-Vietnamese exporters not listed
above that at the time of entry are eligible for a separate rate base
on a prior completed segment of this proceeding, the cash deposit rate
[[Page 65852]]
will continue to the be the existing exporter-specific cash deposit
rate; (3) for all non-Vietnamese exporters of subject merchandise which
at the time of entry do not have a separate rate, the cash deposit rate
will be the rate applicable to the Vietnamese exporter that supplied
the non-Vietnamese exporter. These cash deposit requirements, when
imposed, shall remain in effect until further notice.
Notification to Importers
This notice 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 duties prior to liquidation
of the relevant entries during this POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Notification to Interested Parties
Commerce is issuing and publishing the preliminary results of this
review in accordance with sections 751(a)(1)(B) and 777(i) of the Act,
and 19 CFR 351.221(b)(4).
Dated: August 6, 2024.
Scot Fullerton,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Application of Facts Available With Adverse Inference
V. Affiliation and Collapsing
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2024-17997 Filed 8-12-24; 8:45 am]
BILLING CODE 3510-DS-P
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