Notice2024-20773
Light-Walled Rectangular Pipe and Tube From the People's Republic of China: Preliminary Results and Preliminary Determination of No Shipments; 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
September 13, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S Department of Commerce (Commerce) is conducting the administrative review of the countervailing duty (CVD) order on light- walled rectangular pipe and tube (LWRPT) from the People's Republic of China (China). The period of review (POR) is January 1, 2022, through December 31, 2022. 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 CVD order on LWRPT from China. We invite interested parties to comment on these preliminary results.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 178 (Friday, September 13, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 178 (Friday, September 13, 2024)]
[Notices]
[Pages 74904-74906]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-20773]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-915]
Light-Walled Rectangular Pipe and Tube From the People's Republic
of China: Preliminary Results and Preliminary Determination of No
Shipments; 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 countervailing duty (CVD) order on light-
walled rectangular pipe and tube (LWRPT) from the People's Republic of
China (China). The period of review (POR) is January 1, 2022, through
December 31, 2022. 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 CVD order on LWRPT
from China. We invite interested parties to comment on these
preliminary results.
DATES: Applicable September 13, 2024.
FOR FURTHER INFORMATION CONTACT: Christopher Hargett, AD/CVD
Operations, Office II, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4161.
SUPPLEMENTARY INFORMATION:
Background
On August 5, 2008, Commerce published in the Federal Register the
CVD 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
[[Page 74905]]
determine whether those exports are covered by the CVD Order on LWPRT
from China.\3\ In its review request, Hoa Phat further explained 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\
---------------------------------------------------------------------------
\1\ See Light-Walled Rectangular Pipe and Tube from the People's
Republic of China: Countervailing Duty Order, 73 FR 45405 (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 (PDM) 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) (Circumvention Final
Determination), and accompanying Issues and Decision Memorandum
(IDM) at Comment 3.
\5\ See GS Global Letter, ``Request for Administrative Review''
dated August 31, 2023.
---------------------------------------------------------------------------
Subsequently, we initiated an administrative review of the Order
with respect to Hoa Phat.\6\
---------------------------------------------------------------------------
\6\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 71829 (October 18, 2023) (Initiation
Notice).
---------------------------------------------------------------------------
On November 9, 2023, we published in the Federal Register the
Circumvention Final 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.\7\ We also indicated that we
would allow interested parties to request reviews of LWRPT shipped from
Vietnam and suspended under the Order that entered during the upcoming
anniversary month of the Order (i.e., August).\8\
---------------------------------------------------------------------------
\7\ See Circumvention Final Determination, 88 FR at 77284.
\8\ Id., 88 FR at 77285.
---------------------------------------------------------------------------
Due to the common prerequisite issues in the concurrent
administrative reviews of the antidumping duty (AD) and CVD orders,
i.e., the origin of the HRS used in Hoa Phat's production and/export of
LWRPT and whether Hoa Phat is eligible to certify that origin with CBP,
on March 11, 2024, Commerce notified all interested parties of its
intent to address Hoa Phat's certification eligibility in the CVD
administrative review in the context of the concurrent AD review of Hoa
Phat and adopt the AD findings in the CVD review.\9\ Commerce also
instructed all interested parties to file any future submissions that
related to this issue on the record of both proceedings. Additionally,
regarding previously filed submissions related to these issues that
were only on the record of the AD administrative review, Commerce
instructed all interested parties who filed such submissions to file
those submissions on the record of the CVD administrative review.\10\
---------------------------------------------------------------------------
\9\ See Memorandum, ``Notification of Procedure for Determining
Certification Eligibility in Administrative Reviews of the
Antidumping and Countervailing Duty Orders,'' dated March 11, 2024
(Notification of Procedure Memorandum).
\10\ Id.
---------------------------------------------------------------------------
On April 12, 2024, Commerce extended the deadline for these
preliminary results to August 30, 2024.\11\ On July 22, 2024, Commerce
tolled certain deadlines in this administrative proceeding by seven
days.\12\ The deadline for the preliminary results is now September 6,
2024.
---------------------------------------------------------------------------
\11\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review,'' dated April
12, 2024.
\12\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
---------------------------------------------------------------------------
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
For the preliminary results of this CVD review, Commerce is hereby
adopting the preliminary finding and Preliminary Decision Memorandum
issued in the concurrent AD administrative review only with respect to
Hoa Phat. For a full description of the methodology underlying the
results, see the Preliminary Decision Memorandum adopted by reference,
in this CVD review.\13\ Commerce preliminarily found that Hoa Phat had
no subject shipments of LWRPT and is eligible to participate in the
previously established certification program.\14\ The AD 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 AD Preliminary Decision Memorandum is
available at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
---------------------------------------------------------------------------
\13\ See unpublished Federal Register Notice entitled, ``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,'' dated concurrently with this notice, and
accompanying PDM.
\14\ Id.
---------------------------------------------------------------------------
Thus, if our preliminary finding in the concurrent AD
administrative review is unchanged in the final results, we will
determine in the final results of this CVD review that Hao Phat will be
eligible to participate in the certification program previously
established with respect to the CVD Order on LWRPT from China as of the
publication date of the final results.
Public Comment
Because Commerce intends to conduct verification of the
questionnaire responses of Hoa Phat in the concurrent AD review, the
results of which will be adopted in this CVD review, interested parties
will be notified of the deadline for the
[[Page 74906]]
submission of case briefs at a later date.\15\ The case briefs
submitted in the AD and CVD reviews must be identical, and Commerce
will consider all case brief arguments in the concurrent AD review. As
noted above, Commerce intends to adopt the final findings in the
concurrent AD proceeding in the final results of this CVD
administrative review.
---------------------------------------------------------------------------
\15\ See 19 CFR 351.303 (for general filing requirements).
---------------------------------------------------------------------------
Assessment Rates
Upon issuance of the final results of this review, Commerce will
determine, and CBP will assess, CVD duties on all appropriate entries
covered by this review.\16\ We intend to instruct CBP to liquidate
entries of LWRPT exported by Hoa Phat without regard to countervailing
duties if these preliminary results are unchanged for the final
results.
---------------------------------------------------------------------------
\16\ See 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------
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 Hoa Phat, the cash deposit rate will remain unchanged
(i.e., 255.07 percent),\17\ unless the company satisfies the
certification requirements in the Final Circumvention Determination;
and (2) for all companies not subject to this review, CBP will continue
to collect cash deposits of estimated countervailing duties at the all-
others rate or the most recent company-specific rate applicable to the
company, as appropriate. These deposit requirements, when imposed,
shall remain in effect until further notice.
---------------------------------------------------------------------------
\17\ See Final Circumvention Determination.
---------------------------------------------------------------------------
Final Results of Review
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, by adopting the findings in the
concurrent AD review, within 120 days of publication of these
preliminary results of review, pursuant to section 751(a)(3)(A) of the
Act.
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.
[FR Doc. 2024-20773 Filed 9-12-24; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on September 13, 2024.
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.