[Federal Register Volume 74, Number 74 (Monday, April 20, 2009)]
[Notices]
[Pages 17950-17951]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-9018]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-008]


Certain Circular Welded Carbon Steel Pipes and Tubes from Taiwan: 
Final Rescission of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: In response to a request from Allied Tube & Conduit 
Corporation, a domestic interested party, the Department of Commerce 
(the Department) initiated an administrative review of the antidumping 
duty order on certain circular welded carbon steel pipes and tubes from 
Taiwan. This review covers one firm, Yieh Hsing Enterprise Co., Ltd. 
(Yieh Hsing), for the period May 1, 2007, through April 30, 2008. No 
interested party commented on the Department's intent to rescind this 
review based upon its determination that the party subject to this 
review did not have entries of subject merchandise during the period of 
review (POR) on which to assess antidumping duties.

EFFECTIVE DATE: April 20, 2009.

FOR FURTHER INFORMATION CONTACT: Steve Bezirganian or Robert James, AD/
CVD Operations, Office 7, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
1131 or (202) 482-0649, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On January 21, 2009, the Department published a notice of its 
intent to rescind this administrative review. See Certain Circular 
Welded Carbon Steel Pipes and Tubes from Taiwan: Notice of Intent to 
Rescind Administrative Review, 74 FR 3559 (January 21, 2009) (Intent to 
Rescind). We invited interested parties to comment on our preliminary 
intent to rescind this review based upon our determination that the 
party subject to this review did not have entries during the POR on 
which to assess antidumping duties. No interested party submitted 
comments.

Scope of the Order

    The merchandise covered by the order is certain circular welded 
carbon steel pipes and tubes from Taiwan, which are defined as: welded 
carbon steel pipes and tubes, of circular cross section, with walls not 
thinner than 0.065 inch, and 0.375 inch or more but not over 4.5 inches 
in outside diameter, currently classified under Harmonized Tariff 
Schedule of the United States (HTSUS) item numbers 7306.30.5025, 
7306.30.5032, 7306.30.5040, and 7306.30.5055. Although the HTSUS 
subheadings are provided for convenience and customs purposes, the 
written description of the scope of the order is dispositive.

Rescission of Administrative Review

    The Department issued the Intent to Rescind because it was 
satisfied that there were no U.S. entries of subject merchandise from 
the respondent, Yieh Hsing, during the POR as indicated by the record. 
See Intent to Rescind, 74 FR at 3560. As the Department received no 
comments on its intent to rescind this review, it continues to find 
that rescission of the review is appropriate. Therefore, pursuant to 19 
CFR 351.213(d), the Department is rescinding this review.

Assessment

    The Department intends to issue assessment instructions to U.S. 
Customs and Border Protection (CBP) 15 days after the date of 
publication of this rescission of administrative review. Because Yieh 
Hsing certified that it made no POR shipments of subject merchandise 
for which it had knowledge of U.S. destination, we will instruct CBP to 
liquidate any entries of merchandise produced by Yieh Hsing at the all-
others rate established in the less-than-fair-value investigation if 
there is no rate for the exporter involved in the transaction. See 
Antidumping

[[Page 17951]]

and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003). See also Certain Frozen Warmwater Shrimp 
from India: Partial Rescission of Antidumping Duty Administrative 
Review, 73 FR 77610, 77612 (December 19, 2008).

Notification to Importers

    This notice serves as a final reminder to importers for whom this 
review is being rescinded, of their responsibility under 19 CFR 
351.402(f) to file a certificate regarding reimbursement of antidumping 
duties prior to liquidation of the relevant entries during this review 
period. Failure to comply with this requirement could result in the 
Secretary's presumption that reimbursement of antidumping duties 
occurred and the subsequent assessment of double antidumping duties.

Notification Regarding Administrative Protective Orders

    This notice serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information 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 sanctionable 
violation.
    This notice is published in accordance with sections 751(a)(1) and 
777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 
351.213(d)(4).

    Dated: April 13, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. E9-9018 Filed 4-17-09; 8:45 am]
BILLING CODE 3510-DS-S