[Federal Register Volume 78, Number 110 (Friday, June 7, 2013)]
[Notices]
[Pages 34335-34337]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-13554]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-008]


Certain Circular Welded Carbon Steel Pipes and Tubes From Taiwan: 
Preliminary Results of Antidumping Duty Administrative Review; 2011-
2012

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

SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the antidumping duty order on certain circular 
welded carbon steel pipes and tubes from Taiwan. The period of review 
(POR) is May 1, 2011, through April 30, 2012, and the review covers 
Shin Yang Steel Co., Ltd. (Shin Yang), a producer and exporter of 
subject merchandise. We have preliminarily found that sales of the 
subject merchandise were made at prices below normal value, and that 
Shin Yang is the successor-in-interest to Yieh Phui Enterprise Co, Ltd. 
(Yieh Phui).

DATES: As of June 7, 2013.

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:

Scope of the Order

    The merchandise subject to the order is certain circular welded 
carbon steel pipes and tubes from Taiwan. The product is currently 
classified under the 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 numbers are provided for convenience 
and customs purposes, the written product description remains 
dispositive.\1\
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    \1\ The complete description of the scope of the order appears 
in the memorandum from Christian Marsh, Deputy Assistant Secretary 
for Antidumping and Countervailing Duty Operations, to Ronald K. 
Lorentzen, Acting Assistant Secretary for Import Administration, 
``Decision Memorandum for Preliminary Results of Antidumping Duty 
Administrative Review: Certain Circular Welded Carbon Steel Pipes 
and Tubes from Taiwan, 2011/12'' (dated concurrently with this 
notice) (Preliminary Decision Memorandum), which is hereby adopted 
by this notice.
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    For a full description of the methodology underlying our 
conclusions, please see the Preliminary Decision Memorandum.\2\ The 
Preliminary Decision Memorandum is a public document and is on file 
electronically via Import Administration's Antidumping and 
Countervailing Duty Centralized Electronic Service System (IA ACCESS). 
Access to IA ACCESS is available to registered users at http://iaaccess.trade.gov and to all parties in the Central Records Unit 
(CRU), room 7046 of the main Department of Commerce building. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly on the Internet at http://www.trade.gov.ia/. The 
signed Preliminary Decision Memorandum and the electronic versions of 
the Preliminary Decisions Memorandum are identical in content.
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    \2\ A list of the topics discussed in the Preliminary Decision 
Memorandum appears in Appendix I of this notice.
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Successor-in-Interest

    In response to questionnaires issued in the current review, Shin 
Yang

[[Page 34336]]

indicated that Yieh Phui (for which no administrative review was 
requested) had created Shin Yang as a wholly-owned subsidiary and had 
transferred its pipe production assets to that subsidiary prior to the 
POR. Shin Yang indicated that Yieh Phui made home market sales of the 
merchandise under review during the three month period prior to the 
POR, but made no U.S. or home market sales of the merchandise under 
review during the POR. Shin Yang also indicated Yieh Phui ceased 
production of the merchandise under review prior to the POR.
    Based on the Department's analysis of the information submitted by 
Shin Yang, the Department preliminarily determines Shin Yang is the 
successor-in-interest to Yieh Phui. For more details, see the 
Preliminary Decision Memorandum.

Methodology

    The Department has conducted this review in accordance with section 
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Export Price 
is calculated in accordance with section 772 of the Act. Normal value 
is calculated in accordance with section 773 of the Act. For a full 
description of the methodology underlying our conclusions, please see 
the Preliminary Decision Memorandum.

Preliminary Results of the Review

    As a result of this review, we preliminarily determine that a 
weighted-average dumping margin of 8.90 percent exists for Shin Yang 
for the POR.

Disclosure and Public Comment

    The Department intends to disclose to interested parties the 
calculations performed in connection with these preliminary results 
within five days of the date of publication of this notice.\3\ Pursuant 
to 19 CFR 351.309(c), interested parties may submit case briefs no 
later than 30 days after the date of publication of this notice. 
Rebuttal briefs, limited to issues raised in the case briefs, may be 
filed no later than five days after the date for filing case briefs.\4\ 
Parties who submit case briefs or rebuttal briefs in this proceeding 
are encouraged to submit with each argument: (1) A statement of the 
issue; (2) a brief summary of the argument; and (3) a table of 
authorities.\5\ Case and rebuttal briefs should be filed using IA 
ACCESS.\6\
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    \3\ See 19 CFR 351.224(b).
    \4\ See 19 CFR 351.309(d).
    \5\ See 19 CFR 351.309(c)(2) and (d)(2).
    \6\ See 19 CFR 351.303.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, or to participate if one is requested, must submit a 
written request to the Assistant Secretary for Import Administration, 
filed electronically via IA ACCESS. An electronically filed document 
must be received successfully in its entirety by the Department's 
electronic records system IA ACCESS, by 5 p.m. Eastern Standard Time 
within 30 days after the date of publication of this notice.\7\ 
Requests should contain: (1) The party's name, address and telephone 
number; (2) the number of participants; and (3) a list of issues to be 
discussed. Issues raised in the hearing will be limited to those raised 
in the respective case briefs. The Department will issue the final 
results of this administrative review, including the results of its 
analysis of the issues raised in any written briefs, not later than 120 
days after the date of publication of this notice, pursuant to section 
751(a)(3)(A) of the Act.
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    \7\ See 19 CFR 351.310(c).
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Assessment Rates

    Upon completion of the administrative review, pursuant to 19 CFR 
351.212(b), the Department will calculate an assessment rate on all 
appropriate entries. The Department intends to issue appropriate 
appraisement instructions for the company subject to this review 
directly to U.S. Customs and Border Protection (CBP) 15 days after the 
date of publication of the final results of this review.
    If the weighted-average dumping margin for Shin Yang is not zero or 
de minimis (i.e., less than 0.5 percent) in the final results, then the 
Department will calculate importer-specific (or customer-specific) 
assessment rates. Because Shin Yang did not report the entered value of 
its sales, we will calculate importer-specific per-unit duty assessment 
rates by aggregating the total amount of dumping calculated for the 
examined sales of each importer (or customer) and dividing each of 
these amounts by the total quantity (i.e., weight) associated with 
those sales. To determine whether the importer-specific (or customer-
specific) per-unit assessment rates are de minimis, in accordance with 
the requirement set forth in 19 CFR 351.106(c)(2), we will calculate 
importer-specific (or customer-specific) ad valorem rates based on 
estimated entered values. Pursuant to 19 CFR 351.106(c)(2), we will 
instruct CBP to liquidate without regard to antidumping duties all 
entries for which the importer-specific (or customer-specific) ad 
valorem rate is zero or de minimis.
    The Department clarified its automatic assessment regulation on May 
6, 2003.\8\ This clarification will apply to entries of subject 
merchandise during the POR produced by Shin Yang or Yieh Phui for which 
the record of this administrative review indicates they did not know 
was destined for the United States. In such instances, we will instruct 
CBP to liquidate these entries not covered by the importer-specific (or 
customer-specific) assessment rates at the all-others rate if there is 
no rate for the intermediate company(ies) involved in the transaction.
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    \8\ For a full discussion of this clarification, see Antidumping 
and Countervailing Duty Proceedings: Assessment of Antidumping 
Duties, 68 FR 23954 (May 6, 2003).
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Cash Deposit Requirements

    The following cash deposit requirements for estimated antidumping 
duties will be effective upon publication of the notice of final 
results of administrative review for all shipments of certain circular 
welded carbon steel pipes and tubes from Taiwan entered, or withdrawn 
from warehouse, for consumption on or after the date of publication as 
provided by section 751(a)(2) of the Act: (1) The cash deposit for Shin 
Yang will be equal to the weighted-average dumping margin established 
in the final results of this administrative review; (2) for merchandise 
exported by manufacturers or exporters not covered in this review but 
covered in a prior segment of the proceeding, the cash deposit rate 
will continue to be the company-specific rate published for the most 
recently completed segment of this proceeding in which that 
manufacturer or exporter participated; (3) if the exporter (now 
including Yieh Phui) is not a firm covered in this review, a prior 
review, or the original investigation but the manufacturer is, the cash 
deposit rate will be the rate established for the most recently 
completed segment of this proceeding in which that manufacturer or 
exporter participated; and (4) the cash deposit rate for all other 
manufacturers or exporters (now including Yieh Phui) will continue to 
be 9.70 percent, the all-others rate referenced in Certain Circular 
Welded Carbon Steel Pipes and Tubes From Taiwan: Antidumping Duty 
Order, 49 FR 19369 (May 7, 1984). These cash deposit requirements, when 
imposed, shall remain in effect until further notice.

[[Page 34337]]

Notifications

    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 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.
    This notice also serves as a preliminary 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 the terms of an APO is a 
sanctionable violation.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: May 31, 2013.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

Summary
Background
Scope of the Order
Successor-In-Interest
Fair Value Comparisons
Product Comparisons
Date of Sale
Export Price
Level of Trade
Normal Value
Differential Pricing
Currency Conversion
Conclusion

[FR Doc. 2013-13554 Filed 6-6-13; 8:45 am]
BILLING CODE 3510-DS-P