Notice2024-20772
Light-Walled Rectangular Pipe and Tube From the People's Republic of China: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review, and Preliminary Determination of No Shipments; 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
September 13, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S Department of Commerce (Commerce) is conducting the administrative review of the antidumping duty (AD) 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, 2022, through July 31, 2023. Commerce preliminarily finds that Hoa Phat Steel Pipe Company Limited (Hoa Phat) had no subject shipments of LWRPT and that Hoa Phat will be eligible to participate in the certification program previously established with respect to the AD order on LWRPT from China. In addition, we are rescinding this review with respect to Hangzhou Ailong Metal Product Co., Ltd. (Ailong). We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 89 Issue 178 (Friday, September 13, 2024)</title>
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[Federal Register Volume 89, Number 178 (Friday, September 13, 2024)]
[Notices]
[Pages 74875-74878]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-20772]
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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 and Partial Rescission of Antidumping
Duty Administrative Review, and Preliminary Determination of No
Shipments; 2022-2023
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 (AD) 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, 2022, through
July 31, 2023. Commerce preliminarily finds that Hoa Phat Steel Pipe
Company Limited (Hoa Phat) had no subject shipments of LWRPT and that
Hoa Phat will be eligible to participate in the
[[Page 74876]]
certification program previously established with respect to the AD
order on LWRPT from China. In addition, we are rescinding this review
with respect to Hangzhou Ailong Metal Product Co., Ltd. (Ailong). We
invite interested parties to comment on these preliminary results.
DATES: Applicable September 13, 2024.
FOR FURTHER INFORMATION CONTACT: Paul Kebker, 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) 482-2254.
SUPPLEMENTARY INFORMATION:
Background
On August 5, 2008, Commerce published in the Federal Register the
AD order on LWRPT from China.\1\ On August 2, 2023, Commerce notified
interested parties of the opportunity to request an administrative
review of the Order.\2\ On August 30, 2023, Hoa Phat requested that
Commerce conduct an administrative review of its exports to determine
whether those exports are covered by the Order.\3\ In its review
request, Hoa Phat elaborated that it sought an administrative review so
that Commerce would permit it to submit certifications to U.S. Customs
and Border Protection (CBP) to properly declare the origin of the hot-
rolled steel (HRS) that it used to produce the LWRPT it exported.\4\ On
August 31, 2023, GS Global USA, Inc. (GS Global) requested that
Commerce conduct an administrative review of Hoa Phat's exports.\5\ On
August 31, 2023, Ailong requested that Commerce conduct an
administrative review of its exports.\6\
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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, 88 FR 50840 (August 2,
2023).
\3\ See Hoa Phat Letter, ``Request for Administrative Review,''
dated August 30, 2023.
\4\ Id. As background, in Light-Walled Rectangular Pipe and Tube
from the People's Republic of China: Preliminary Affirmative
Determination of Circumvention of the Antidumping Duty and
Countervailing Duty Orders, 88 FR 21985-21986 (April 12, 2023)
(Preliminary Circumvention Determination), and accompanying
Preliminary Decision Memorandum at 4-6, Commerce preliminarily
determined that Hoa Phat had failed to cooperate in the
circumvention proceeding and applied facts available with adverse
inferences to determine that Hoa Phat was not eligible to
participate in the certification regime established in the
circumvention proceeding. In the final determination, Commerce
continued to find that Hoa Phat was ineligible to participate in the
certification regime. See Light-Walled Rectangular Pipe and Tube
from the People's Republic of China: Final Affirmative Determination
of Circumvention of the Antidumping Duty and Countervailing Duty
Orders, 88 FR 77283 (November 9, 2023) (Final Circumvention
Determination), and accompanying Issues and Decision Memorandum
(IDM) at Comment 3.
\5\ See GS Global Letter, ``Request for Administrative Review''
dated August 31, 2023.
\6\ See Ailong Letter, ``Request for Administrative Review--
Hangzhou Ailong Metal Product Co.,'' dated August 31, 2023.
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Subsequently, we initiated an administrative review of the Order
with respect to Ailong and Hoa Phat.\7\ On December 14, 2023, Commerce
received a timely withdrawal of review request with respect to
Ailong.\8\
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\7\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 71829 (October 18, 2023).
\8\ See Ailong Letter, ``Withdraw of Request for Administrative
Review--Hangzhou Ailong Metal Product Co.'' dated December 14, 2023
(Ailong Withdrawal Request).
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On November 9, 2023, we published in the Federal Register the Final
Circumvention Determination, in which we: (1) determined that certain
LWRPT exported from the Socialist Republic of Vietnam (Vietnam) and
entered into the United States was circumventing the Order and,
therefore, is now covered by the Order; and (2) established a
certification program to allow eligible producers and exporters of
LWRPT exported from Vietnam to certify that entries of LWRPT exported
from Vietnam are not subject to the Order.\9\ We also indicated that
during the upcoming anniversary month of the Order (i.e., August) \10\
we would allow interested parties to request reviews of LWRPT shipped
from Vietnam and suspended under the Order.
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\9\ See Final Circumvention Determination, 88 FR at 77284.
\10\ Id. 88 FR at 77285.
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On April 11, 2024, Commerce extended the deadline for these
preliminary results to August 30, 2024.\11\ On June 22, 2024, Commerce
tolled certain deadlines in this administrative proceeding by seven
days.\12\ The deadline for these preliminary results is now September
6, 2024. For details regarding the events that occurred subsequent to
the initiation of the review, see the Preliminary Decision
Memorandum.\13\
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\11\ See Memorandum, ``Extension of Deadline for Preliminary
Results of the Antidumping Duty Administrative Review,'' dated April
11, 2024.
\12\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\13\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review of Light-
Walled Rectangular Pipe and Tube from the People's Republic of
China: 2022-2023,'' dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
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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. A complete description of the
scope of the Order is contained in the Preliminary Decision Memorandum.
Partial Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if all parties that
requested a review withdraw their requests within 90 days of the
publication date of the notice of initiation of the requested review in
the Federal Register. On December 14, 2023, Ailong timely withdrew its
request for administrative review.\14\ Because no other party requested
a review of Ailong, consistent with 19 CFR 351.213(d)(1), Commerce is
rescinding this review, in part, with respect to Ailong.
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\14\ See Ailong Withdrawal Request.
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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) and 19 CFR
351.213. For a full description of the methodology underlying these
preliminary results, see the Preliminary Decision Memorandum. A list of
the topics discussed in the Preliminary Decision Memorandum is included
as the appendix to this notice. The Preliminary Decision Memorandum is
a public document and is made available to the public via Enforcement
and Compliance's Antidumping and Countervailing Duty Centralized
Electronic Service System (ACCESS). ACCESS is available to registered
users at <a href="http://access.trade.gov">http://access.trade.gov</a>. In addition, a complete version of
the Preliminary Decision Memorandum is available at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Preliminary Determination of No Shipments
In this administrative review, we issued a questionnaire to Hoa
Phat to gather information on the quantity and value (Q&V) of its
shipments of LWRPT to the United States.\15\ We received a response to
this questionnaire from Hoa Phat, in which it reported that its
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suspended entries consisted exclusively of non-subject merchandise.\16\
We issued supplemental questionnaires to Hoa Phat and received
responses.\17\ We have analyzed the information in these responses and
preliminarily find that Hoa Phat has provided information to support
its claim that the LWRPT it exported to the United States is of non-
subject LWRPT. Thus, if our preliminary finding is unchanged in the
final results, Hao Phat Hoa will be eligible to participate in the
certification program previously established with respect to the AD
Order on LWRPT from China as of the publication date of the final
results.
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\15\ See Commerce's Letter, ``Quantity and Value
Questionnaire,'' dated November 20, 2023; see also Memorandum,
``Clarification of Companies Required to Submit Responses to Q&V
Questionnaire,'' dated November 28, 2023; and Commerce's Letters,
``Request for Entry Information,'' dated February 5, 2024
(collectively, Q&V Questionnaire).
\16\ See Hoa Phat's Letter, ``Sections A, C, D Responses,''
dated January 10, 2024 (Hoa Phat Initial Response) and Hoa Phat's
Letter, ``CBP Data Comments,'' dated November 8, 2023 (CBP Data
Comments).
\17\ See Commerce's Letter, ``Supplemental Questionnaire,''
dated February 13, 2024; and Commerce's Letter, ``Second
Supplemental Questionnaire,'' dated March 29, 2024; see also Hoa
Phat's Letter, ``Supplemental Sections A, C, D Responses,'' dated
March 12, 2024 (Hoa Phat First Supplemental Response);and Hoa Phat's
Letter, ``Second Supplemental Questionnaire Response,'' dated April
5, 2024 (Hoa Phat Second Supplemental Response).
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China-Wide Entity
Under Commerce's policy regarding the conditional review of the
China-wide entity,\18\ 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
entity's rate (i.e., 255.07 percent) is not subject to change.\19\
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\18\ 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).
\19\ See 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, 52688 (August 30, 2012); see also
Order, 73 FR at 45403.
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Verification
On January 26, 2024, Nucor Tubular Products Inc. requested that
Commerce conduct verification of Hoa Phat pursuant to 19 CFR
351.307(b)(1)(v). Accordingly, Commerce intends to verify the
information relied upon in making its final results for Hoa Phat.
Public Comment
Because Commerce intends to verify the questionnaire responses of
Hoa Phat, the mandatory respondent in this review, interested parties
will be notified of the deadline for the submission of case briefs at a
later date.\20\ Rebuttal briefs, limited to issues raised in case
briefs, may be submitted no later than five days after the deadline
date for case briefs.\21\
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\20\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 (for
general filing requirements).
\21\ 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 Final Rule).
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Parties who submit case briefs or rebuttal briefs in this
proceeding must submit with each argument: (1) a statement of the
issue; (2) a brief summary of the argument; and (3) a table of
authorities.\22\ 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.\23\ 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 determination in this 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).\24\
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\22\ See 19 CFR 351.309(c)(2) and (d)(2).
\23\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the IDM.
\24\ See APO and Service Final Rule.
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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 publication of this notice. Hearing requests should contain:
(1) the party's name, address, telephone number; (2) the number of
participants; and whether any participant is a foreign national; and
(3) a list of the issues to be discussed. Issues raised in the hearing
will be limited to issues raised in the case and rebuttal briefs. If a
request for a hearing is made, Commerce intends to hold the hearing at
a time and date to be determined and will notify the parties through
ACCESS.\25\ Parties should confirm the date, time, and location of the
hearing two days before the scheduled date.
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\25\ See 19 CFR 351.310(c).
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All submissions, including case and rebuttal briefs, as well as
hearing requests, should be filed using ACCESS. An electronically-filed
document must be received successfully in its entirety by ACCESS by
5:00 p.m. Eastern Time on the established deadline.
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.\26\ We intend to instruct CBP to
liquidate entries of LWRPT exported by Hoa Phat without regard to
antidumping duties if these preliminary results are unchanged for the
final results. For Hoa Phat, 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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\26\ See 19 CFR 351.212(b)(1).
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For Ailong, we will instruct CBP to assess antidumping duties on
all appropriate entries at a rate equal to the cash deposit of
estimated antidumping duties required at the time of entry, in
accordance with 19 CFR 351.212(c)(l)(i). For Ailong, Commerce intends
to issue assessment instructions to CBP no earlier than 35 days after
the date of publication of this notice 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 Hoa Phat, the cash deposit rate will remain unchanged
(i.e.,
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255.07 percent),\27\ unless the company satisfies the certification
requirements in the Final Circumvention Determination; \28\ (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, or the rate for the China-wide
entity (i.e., 255.07), if no alternate rate is available. These deposit
requirements, when imposed, shall remain in effect until further
notice.
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\27\ See Final Circumvention Determination.
\28\ Id. at Appendix II for the importer and exporter
certifications.
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Final Results of Review
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, pursuant to section
751(a)(3)(A) of the Act.
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: September 6, 2024.
Abdelali Elouaradia,
Deputy 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. Partial Rescission of Administrative Review
V. Discussion of Interested Party Comments
VI. Analysis of the Sourcing of the Hot Rolled Steel Hoa Phat Used
to Produce LWRPT Exported to the United States
VII. Certification Program
VIII. Recommendation
[FR Doc. 2024-20772 Filed 9-12-24; 8:45 am]
BILLING CODE 3510-DS-P
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