[Federal Register Volume 83, Number 113 (Tuesday, June 12, 2018)]
[Notices]
[Pages 27311-27313]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12594]


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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 and 
Preliminary Determination of No Shipments; 2016-2017

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that Shin Yang Steel Co., Ltd. (Shin Yang), a producer/exporter of 
merchandise subject to this administrative review, made sales of 
subject merchandise at less than normal value. Interested parties are 
invited to comment on these preliminary results of review.

DATES: Applicable June 12, 2018.

FOR FURTHER INFORMATION CONTACT: Scott Hoefke or Erin Kearney, 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 or (202) 482-0167, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    Commerce 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, 2016, to April 30, 2017. 
This review covers Shin Yang Steel Co., Ltd. (Shin Yang) and Yieh Hsing 
Enterprise Co., Ltd. (Yieh Hsing). Commerce published the notice of 
initiation of this administrative review \1\ on July 7, 2017.\2\ The 
preliminary results are listed below in the section titled 
``Preliminary Results of Review.''
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    \1\ Wheatland Tube Company (the petitioner) requested the 
instant administrative review. See Petitioner's Letter, ``Certain 
Circular Welded Carbon Steel Pipes and Tubes from Taiwan Request for 
Administrative Review,'' dated May 31, 2017.
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 82 FR 31292, 31297 (July 6, 2017) 
(Initiation Notice).
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    On January 23, 2018, Commerce exercised its discretion to toll all 
deadlines for the duration of the closure of the Federal Government 
from January 20, 2018, through January 22, 2018.\3\ The revised 
deadline for the final results of this review became February 5, 2018. 
On January 31, 2018, we extended the deadline for the preliminary 
results to May 14, 2018.\4\ On May 8, 2018, we further extended the 
deadline for the preliminary results, until June 4, 2018.\5\
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    \3\ See Memorandum, ``Deadlines Affected by the Shutdown of the 
Federal Government,'' dated January 23, 2018. All deadlines in this 
segment of the proceeding have been extended by 3 days.
    \4\ See Memorandum, ``Certain Circular Welded Carbon Steel Pipes 
and Tubes from Taiwan: Extension of Time Limit for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated January 
31, 2017.
    \5\ See Memorandum, ``Certain Circular Welded Carbon Steel Pipes 
and Tubes from Taiwan: Extension of Time Limit for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated May 8, 
2018.
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    For a complete description of the events that followed the 
initiation of this administrative review, see the Preliminary Decision 
Memorandum.\6\
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    \6\ See Memorandum, ``Decision Memorandum for Preliminary 
Results of Antidumping Duty Administrative Review: Certain Circular 
Welded Carbon Steel Pipes and Tubes from Taiwan; 2016-2017,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
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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.\7\
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    \7\ The complete description of the scope of the order appears 
in the memorandum, ``Decision Memorandum for Preliminary Results of 
Antidumping Duty Administrative Review: Certain Circular Welded 
Carbon Steel Pipes and Tubes from Taiwan; 2016-2017'' (dated 
concurrently with this notice) (Preliminary Decision Memorandum), 
which is hereby adopted by this notice.
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Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) and (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 (NV) is calculated in accordance with section 773 of the 
Act.
    For a full description of the methodology underlying our

[[Page 27312]]

conclusions, see the Preliminary Decision Memorandum. The Preliminary 
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 is available to all 
parties in the Central Records Unit, Room B-8024 of the main Department 
of Commerce building. In addition, a complete version of the 
Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed Preliminary Decision 
Memorandum and the electronic version of the Preliminary Decision 
Memorandum are identical in content. A list of the topics discussed in 
the Preliminary Decision Memorandum is attached as an Appendix to this 
notice.

Preliminary Determination of No Shipments

    On July 21, 2017, Yieh Hsing reported that it made no shipments of 
subject merchandise to the United States during the POR.\8\ To confirm 
Yieh Hsing's claim of no shipments, Commerce issued an inquiry to CBP, 
requesting that it review Yieh Hsing's no-shipment claim.\9\ CBP did 
not report that it had any information to contradict Yieh Hsing's claim 
of no shipments during the POR.
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    \8\ See Yieh Hsing's Letter, ``Certain Circular Welded Carbon 
Steel Pipes and Tubes from Taiwan; No Shipment Certification,'' 
dated July 21, 2017.
    \9\ See ``No Shipments Inquiry for Certain Circular Welded 
Carbon Steel Pipes and Tubes from Taiwan Produced and/or Exported by 
Yieh Hsing (A-583-008-003),'' message number 7264308 (September 21, 
2017).
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    Given that Yieh Hsing certified that it made no shipments of 
subject merchandise to the United States during the POR, and there is 
no information calling its claim into question, we preliminarily 
determine that Yieh Hsing did not have any reviewable transactions 
during the POR. Consistent with Commerce's practice, we will not 
rescind the review with respect to Yieh Hsing but, rather, will 
complete the review and issue instructions to CBP based on the final 
results.\10\
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    \10\ See, e.g., Certain Frozen Warmwater Shrimp from Thailand; 
Preliminary Results of Antidumping Duty Administrative Review, 
Partial Rescission of Review, Preliminary Determination of No 
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged 
in Certain Frozen Warmwater Shrimp from Thailand: Final Results of 
Antidumping Duty Administrative Review, Final Determination of No 
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR at 
51306 (August 28, 2014).
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Preliminary Results of the Review

    As a result of this review, we preliminarily determine that the 
following weighted-average dumping margin exists for the period May 1, 
2016, through April 30, 2017:

------------------------------------------------------------------------
                                                          Dumping margin
                    Producer/exporter                        (percent)
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Shin Yang Steel Co., Ltd................................            6.26
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Disclosure and Public Comment

    Commerce 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.\11\ Interested parties may 
submit cases briefs no later than 30 days after the date of publication 
of this notice.\12\ Rebuttal briefs, limited to issues raised in the 
case briefs, may be filed not later than five days after the due date 
for filing case briefs.\13\ 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.\14\ Case and rebuttal briefs should be 
filed using ACCESS.\15\ In order to be properly filed, ACCESS must 
successfully receive an electronically filed document in its entirety 
by 5 p.m. Eastern Time.
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    \11\ See 19 CFR 351.224(b).
    \12\ See 19 CFR 351.309(c)(1)(ii).
    \13\ See 19 CFR 351.309(d).
    \14\ See 19 CFR 351.309(c)(2) and (d)(2).
    \15\ See 19 CFR 351.303.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS, within 30 days after the date of publication of this 
notice.\16\ 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 and rebuttal briefs.
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    \16\ See 19 CFR 351.310(c).
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    Unless otherwise extended, Commerce intends to 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.

Assessment Rates

    Upon completion of the administrative review, Commerce shall 
determine, and CBP shall assess, antidumping duties on all appropriate 
entries in accordance with 19 CFR 351.212(b)(1). We intend to issue 
instructions to 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 in the final results, then Commerce will calculate importer-
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 and dividing each of these 
amounts by the total quantity (i.e., weight) associated with those 
sales. To determine whether the importer-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 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 ad 
valorem rate is zero or de minimis.
    With respect to Yieh Hsing, if we continue to find that Yieh Hsing 
had no shipments of subject merchandise in the final results, we 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.\17\
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    \17\ 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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Cash Deposit Requirements

    The following cash deposit requirements will be effective 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 this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) The cash deposit rate for Shin Yang will 
be equal to the weighted-average dumping margin established in the 
final results of this review, except if the rate is zero or de minimis 
within the meaning of 19 CFR 351.106(c)(1), in which case the cash 
deposit rate will be zero; (2) for other manufacturers and

[[Page 27313]]

exporters 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 is not 
a firm covered in this review, a prior review, or the original less-
than-fair-value (LTFV) investigation, but the manufacturer is, then 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 in 
the LTFV investigation.\18\ These cash deposit requirements, when 
imposed, shall remain in effect until further notice.
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    \18\ See Certain Circular Welded Carbon Steel Pipes and Tubes 
from Taiwan: Antidumping Duty Order, 49 FR 19369 (May 7, 1984).
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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.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: June 4, 2018.
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 Preliminary Decision Memorandum

1. Summary
2. Background
3. Scope of the Order
4. Preliminary Determination of No Shipments
5. Comparisons to Normal Value
6. Date of Sale
7. Export Price
8. Normal Value
9. Currency Conversion
10. Recommendation

[FR Doc. 2018-12594 Filed 6-11-18; 8:45 am]
 BILLING CODE 3510-DS-P