[Federal Register Volume 82, Number 222 (Monday, November 20, 2017)]
[Notices]
[Pages 55093-55094]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25087]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-008]


Certain Circular Welded Carbon Steel Pipes and Tubes From Taiwan: 
Final Results of Antidumping Duty Administrative Review and Final 
Determination of No Shipments; 2015-2016

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: On May 18, 2017, the Department of Commerce (the Department) 
published the preliminary results of the 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, 2015 
through April 30, 2016. This review covers Shin Yang Steel Co., Ltd. 
(Shin Yang) and Yieh Hsing Enterprise Co., Ltd. (Yieh Hsing). Based on 
our analysis of the comments received, we have made certain changes in 
the margin calculations. The final weighted-average dumping margins for 
the reviewed firms are listed below in the section entitled, ``Final 
Results of the Review.''

DATES: Applicable November 20, 2017.

FOR FURTHER INFORMATION CONTACT: Scott Hoefke, AD/CVD Operations, 
Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-4947.

SUPPLEMENTARY INFORMATION:

Background

    On May 18, 2017, the Department published the Preliminary Results 
of this review in the Federal Register.\1\ We invited parties to 
comment on the Preliminary Results. On June 19, 2017, we received a 
case brief from Wheatland Tube Group (the petitioner).\2\ On June 26, 
2017, we received a rebuttal brief from Shin Yang.\3\ The Department 
conducted this review in accordance with section 751(a)(2) of the 
Tariff Act of 1930, as amended (the Act).
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    \1\ See Certain Circular Welded Carbon Steel Pipes and Tubes 
from Taiwan: Preliminary Results of Antidumping Duty Administrative 
Review and Preliminary Determination of No Shipments; 2015-2016, 82 
FR 22805 (May 18, 2017) (Preliminary Results), and accompanying 
Memorandum, ``Decision Memorandum for Preliminary Results of 
Antidumping Duty Administrative Review: Certain Circular Welded 
Carbon Steel Pipes and Tubes from Taiwan; 2015-2016,'' dated May 10, 
2017 (Preliminary Decision Memorandum).
    \2\ See Petitioner's June 19, 2017, Case Brief (Petitioner Case 
Brief).
    \3\ See Shin Yang's June 27, 2017, Rebuttal Brief (Shin Yang 
Rebuttal).
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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.\4\
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    \4\ A full written description of the scope of the order is 
contained in Memorandum, ``Certain Circular Welded Carbon Steel 
Pipes and Tubes from Taiwan; 2015-2016,'' (Issues and Decision 
Memorandum), dated concurrently with this notice and incorporated 
herein by reference.
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Final Determination of No Shipments

    In the Preliminary Results, the Department preliminarily determined 
that Yieh Hsing had no shipments during the period of review (POR).\5\ 
Following publication of the Preliminary Results, we received no 
comments from interested parties regarding Yieh Hsing. As a result, and 
because the record contains no evidence to the contrary, we continue to 
find that Yieh Hsing made no shipments during the POR. Accordingly, 
consistent with the Department's practice, we intend to instruct U.S. 
Customs and Border Protection (CBP) to liquidate any existing entries 
of merchandise produced by Yieh Hsing, but exported by other parties 
without their own rate, at the all-others rate.\6\
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    \5\ See Preliminary Results, 82 FR at 22806, and accompanying 
Preliminary Decision Memorandum, at 2-3.
    \6\ See, e.g., Magnesium Metal from the Russian Federation: 
Preliminary Results of Antidumping Duty Administrative Review, 75 FR 
26922, 26923 (May 13, 2010), unchanged in Magnesium Metal from the 
Russian Federation: Final Results of Antidumping Duty Administrative 
Review, 75 FR 56989 (September 17, 2010).
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Analysis of the Comments Received

    All issues raised in the case and rebuttal briefs submitted in this 
review are addressed in the Issues and Decision Memorandum, which is 
hereby adopted by this notice. A list of the issues raised is attached 
as an appendix to this notice. The Issues and 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 
http://access.trade.gov and it is available to all parties in the 
Central Records Unit, Room B8024 of the main Department of Commerce 
building. In addition, a complete version of the Issues and Decision 
Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision Memorandum and the 
electronic versions of the Issues and Decision Memorandum are identical 
in content.

Changes Since the Preliminary Results

    Based on our analysis of the comments received, we made a change to 
the Preliminary Results. For Shin Yang, we adjusted the home market 
calculation program to correct an error related to surrogate production 
costs. For a full discussion of all comments received, see Issues and 
Decision Memorandum.

Final Results of the Review

    As a result of this review, we determine that the following 
weighted-average dumping margin exists:

------------------------------------------------------------------------
                                                               Dumping
                     Producer/exporter                          margin
                                                              (percent)
------------------------------------------------------------------------
Shin Yang Steel Co., Ltd...................................        1.78
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Disclosure

    We intend to disclose the calculations performed for these final 
results of review within five days of the date of

[[Page 55094]]

publication of this notice in the Federal Register, in accordance with 
19 CFR 351.224(b).

Assessment

    The Department shall determine, and CBP shall assess, antidumping 
duties on all appropriate entries covered by this review pursuant to 
section 751(a)(2)(C) of the Act and 19 CFR 351.212(b).
    For Shin Yang, because its weighted-average dumping margin is not 
zero or de minimis (i.e., less than 0.5 percent), the Department has 
calculated importer-specific antidumping duty assessment rates. We 
calculated importer-specific ad valorem antidumping duty assessment 
rates by aggregating the total amount of dumping calculated for the 
examined sales of each importer and dividing each of these amounts by 
the total entered value associated with those sales. We will instruct 
CBP to assess antidumping duties on all appropriate entries covered by 
this review where an importer-specific assessment rate is not zero or 
de minimis. Pursuant to 19 CFR 351.106(c)(2), we will instruct CBP to 
liquidate without regard to antidumping duties any entries for which 
the importer-specific assessment rate is zero or de minimis.
    As noted in the ``Final Determination of No Shipments'' section, 
above, the Department will instruct CBP to liquidate any existing 
entries of merchandise produced by Yieh Hsing but exported by other 
parties, at the rate for the intermediate reseller, if available, or at 
the all-others rate.

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of 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) of the 
Act: (1) The cash deposit rates will be equal to the weighted-average 
dumping margins established in the final results of this review; (2) 
for previously reviewed or investigated companies not participating in 
this review, the cash deposit rate will continue to be the company-
specific rate published for the most recently completed segment of this 
proceeding in which the company was reviewed; (3) if the exporter is 
not a firm covered in this review, a previous review, or the original 
less-than-fair-value (LTFV) investigation, but the manufacturer is, the 
cash deposit rate will be the rate established for the most recently 
completed segment of this proceeding for the manufacturer of subject 
merchandise; and (4) the cash deposit rate for all other manufacturers 
or exporters will continue to be 9.70 percent, the all-others rate 
established in the LTFV investigation.\7\ These deposit requirements, 
when imposed, shall remain in effect until further notice.
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    \7\ See Certain Circular Welded Carbon Steel Pipes and Tubes 
from Taiwan: Antidumping Duty Order, 49 FR 19369 (May 7, 1984).
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Notification to Importers

    This notice serves as a final 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.

Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the destruction 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.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: November 14, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Issues and Decision 
Memorandum

Summary
Background
Scope of the Order
Discussion of the Issues
    1. Date of Sale
    2. Shin Yang's Specification Designations
    3. Processing Costs
    4. Ministerial Error
Recommendation

[FR Doc. 2017-25087 Filed 11-17-17; 8:45 am]
 BILLING CODE 3510-DS-P