[Federal Register Volume 84, Number 97 (Monday, May 20, 2019)]
[Notices]
[Pages 22817-22820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10437]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-910]


Circular Welded Carbon Quality Steel Pipe From the People's 
Republic of China: Preliminary Results of Antidumping Administrative 
Review and Partial Rescission; 2017-2018

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that none of the companies under review have demonstrated eligibility 
for a separate rate during the period of review (POR) July 1, 2017, 
through June 30, 2018. Interested parties are invited to comment on 
these preliminary results.

DATES: Applicable May 20, 2019.

FOR FURTHER INFORMATION CONTACT: Aleksandras Nakutis, AD/CVD 
Operations, Office IV, Enforcement & Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3147.

SUPPLEMENTARY INFORMATION:

Background

    After initiating this review of 128 companies, the following events 
occurred.\1\ Zekelman Industries (Zekelman), a domestic interested 
party, timely withdrew its request for an administrative review of 20 
companies. Commerce issued an antidumping duty questionnaire to Beijing 
Bell Plumbing Manufacturing Ltd (Beijing Bell). Beijing Bell did not 
respond to the questionnaire. Commerce exercised its discretion to toll 
all deadlines affected by the partial federal government closure from 
December 22, 2018, through the resumption of operations on January 29, 
2019.\2\ If the new deadline falls on a non-business day, in accordance 
with Commerce's practice, the deadline will become the next business 
day. The revised deadline for the preliminary results of review is now 
May 13, 2019. For a complete description of the events that followed 
the initiation of this administrative review, see the Preliminary 
Decision Memorandum hereby adopted by this notice.\3\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 83 FR 45596 (September 10, 2018) (Initiation 
Notice).
    \2\ See Memorandum to the Record from 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, ``Deadlines 
Affected by the Partial Shutdown of the Federal Government,'' dated 
January 28, 2019. All deadlines in this segment of the proceeding 
have been extended by 40 days.
    \3\ See the Memorandum from Commerce, ``Decision Memorandum for 
the Preliminary Results of the Antidumping Duty Administrative 
Review of Circular Welded Carbon Quality Steel Pipe from the 
People's Republic of China,'' dated concurrently with this notice 
(Preliminary Decision Memorandum).
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Scope of the Order

    The merchandise subject to the order is certain welded carbon 
quality steel pipes and tubes, of circular cross-section, and with an 
outside diameter of 0.372 inches (9.45 mm) or more, but not more than 
16 inches (406.4 mm), whether or not stenciled, regardless of wall 
thickness, surface finish (e.g., black, galvanized, or painted), end 
finish (e.g., plain end, beveled end, grooved, threaded, or threaded 
and coupled), or industry specification (e.g., ASTM, proprietary, or 
other), generally known as standard pipe and structural pipe (they may 
also be referred to as circular, structural, or mechanical tubing).
    The pipe products that are the subject of the order are currently 
classifiable in HTSUS statistical reporting numbers 7306.30.10.00, 
7306.30.50.25, 7306.30.50.32, 7306.30.50.40, 7306.30.50.55, 
7306.30.50.85, 7306.30.50.90, 7306.50.10.00, 7306.50.50.50, 
7306.50.50.70, 7306.19.10.10, 7306.19.10.50, 7306.19.51.10, and 
7306.19.51.50. However, the product description, and not the Harmonized 
Tariff Schedule of the United States (HTSUS) classification, is 
dispositive of whether merchandise imported into the United States 
falls within the scope of the order.\4\
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    \4\ See Preliminary Decision Memorandum for full scope language.
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Partial Rescission

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in

[[Page 22818]]

part, if a party that requested the review withdraws its request within 
90 days of the date of publication of the notice of initiation of the 
requested review. Zekelman withdrew its request to review 20 companies 
within 90 days of the date of publication of Initiation Notice; \5\ 
however, Independence Tube Corporation, and Southland Tube 
Incorporated, which are Nucor companies (collectively, the 
petitioners), did not withdraw their request to review 122 companies, 
including all but three of the companies for which Zekelman withdrew 
its review request. Thus, Zekelman, the only party to request a review 
of the six companies listed below, timely withdrew its request for an 
administrative review of these three companies. Accordingly, Commerce 
is rescinding this review, in part, with respect to the following 
companies, in accordance with 19 CFR 351.213(d)(1): \6\ (1) Beijing Jia 
Mei Ao Trade Co., Ltd.; (2) Beijing Jinghau Global Trading Co.; (3) 
Benxi Northern Steel Pipes, Co., Ltd.; (4) ETCO (China) International 
Trading Co., Ltd.; (5) Huludao City Steel Pipe Industrial; and (6) 
Tianjin Shuangjie Steel Pipe Co., Ltd.
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    \5\ See Letter from Zekelman, ``Circular Welded Carbon Quality 
Steel Pipe from the People's Republic of China: Withdrawal of 
Request for Administrative Review,'' dated October 17, 2018.
    \6\ As stated in Change in Practice in NME Reviews, Commerce 
will no longer consider the non-market economy (NME) entity as an 
exporter conditionally subject to administrative reviews. See 
Antidumping Proceedings: Announcement of Change in Department 
Practice for Respondent Selection in Antidumping Duty Proceedings 
and Conditional Review of the Nonmarket Economy Entity in NME 
Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013) (Change 
in Practice in NME Reviews). The China-wide entity is not subject to 
this administrative review because no interested party requested a 
review of the entity. See Initiation Notice.
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Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). For a 
full description of the methodology underlying these preliminary 
results of review, see the Preliminary Decision Memorandum. A list of 
topics discussed in the Preliminary Decision Memorandum is provided in 
Appendix I to this notice.
    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 
in the Central Records Unit, Room B8024 of the main Department of 
Commerce building. In addition, a complete version of the Preliminary 
Results Decision Memorandum can be accessed directly on the internet at 
http://enforcement.trade.gov/frn/index.html. The signed and the 
electronic versions of the Preliminary Decision Memorandum are 
identical in content.

Separate Rates

    In proceedings involving NME countries, Commerce begins with a 
rebuttable presumption that all companies within the NME country are 
subject to government control and that a single weighted-average 
dumping margin (e.g., the China-wide rate) is applicable to all 
exporters under review unless an exporter can demonstrate that it is 
sufficiently independent so as to be entitled to a separate rate. None 
of the companies under review filed a separate rate application, 
separate rate certification, or no shipment certification. Moreover, 
the sole mandatory respondent, Beijing Bell, did not respond to the AD 
questionnaire. Therefore, Commerce preliminarily determines that none 
of the companies under review are entitled to a separate rate and has 
treated them as part of the China-wide entity. For additional 
information regarding Commerce's separate rates determination, see the 
Preliminary Decision Memorandum.

Preliminary Results of Review

    As noted above, none of the companies under review are entitled to 
a separate rate and thus we have treated them as part of the China-wide 
entity.\7\ Because no party requested a review of the China-wide 
entity, the entity is not under review and the entity's rate (i.e., 
85.55 percent) is not subject to change in this review.\8\ The 
companies under review that are being treated as part of the China-wide 
entity are listed in Appendix II to this notice.
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    \7\ See Preliminary Decision Memorandum.
    \8\ See Circular Welded Carbon Quality Steel Pipe From the 
People's Republic of China: Notice of Court Decision Not in Harmony 
with Final Determination and Amended Final Determination Under 
Section 129 of the Uruguay Round Agreements Act, 80 FR 70758 
(November 16, 2015).
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Public Comment

    Interested parties are invited to comment on the preliminary 
results of this review and may submit case briefs and/or written 
comments, filed electronically using ACCESS, within 30 days of the date 
of publication of this notice, pursuant to 19 CFR 351.309(c)(1)(ii). 
Rebuttal briefs, limited to issues raised in the case briefs, will be 
due five days after the due date for case briefs, pursuant to 19 CFR 
351.309(d). Parties who submit case or rebuttal briefs in this review 
are requested to submit with each argument a statement of the issue, a 
summary of the argument not to exceed five pages, and a table of 
statutes, regulations, and cases cited, in accordance with 19 CFR 
351.309(c)(2).
    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, U.S. Department of Commerce, 
filed electronically using ACCESS. Electronically filed case briefs/
written comments and hearing requests must be received successfully in 
their entirety by Commerce's electronic records system, ACCESS, by 5:00 
p.m. Eastern Time, within 30 days after the date of publication of this 
notice.\9\ Hearing 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 issues raised in the respective case briefs. If a 
request for a hearing is made, parties will be notified of the time and 
date of the hearing which will be held at the U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington DC 20230.
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    \9\ See 19 CFR 351.310(c).
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    Unless 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 issuance of the final results of this review, Commerce will 
determine, and CBP shall assess, antidumping duties on all appropriate 
entries covered by this review.\10\ Commerce intends to issue 
assessment instructions to CBP 15 days after the publication date of 
the final results of this review. If our preliminary results of review 
are unchanged in the final results of review, Commerce intends to 
instruct CBP to liquidate all POR entries of subject merchandise from 
any of the 121 companies under review at 85.55 percent (the China-wide 
rate).
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    \10\ See 19 CFR 351.212(b)(1).
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    For companies for which the review has been rescinded, Commerce 
will instruct CBP to assess antidumping duties on entries of subject 
merchandise at rates equal to the cash deposit of estimated antidumping 
duties required at the time of entry, or withdrawal from

[[Page 22819]]

warehouse, for consumption, in accordance with 19 CFR 351.212(c)(l)(i).

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 by section 751(a)(2)(C) of the 
Act: (1) For previously investigated or reviewed Chinese and non-
Chinese exporters which are not under review in this segment of the 
proceeding but which have separate rates, the cash deposit rate will 
continue to be the exporter-specific rate published for the most recent 
period; (2) for all Chinese exporters of subject merchandise that have 
not been granted a separate rate, including Beijing Bell, the cash 
deposit rate will be the China-wide rate of 85.55 percent; and (3) for 
all non-Chinese exporters of subject merchandise which have not 
received their own rate, the cash deposit rate will be the rate 
applicable to the Chinese exporter(s) that supplied that non-Chinese 
exporter. These deposit requirements, when imposed, shall remain in 
effect until further notice.

Notification to Importers

    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 Commerce'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 and 19 CFR 351.213(d)(4) 
and 351.221(b)(4).

    Dated: May 13, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Sections in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission
V. Discussion of the Methodology
    A. Non-Market Economy Country Status
    B. Separate Rates
    C. Allegation of Duty Evasion
VI. Recommendation

Appendix II

    The following companies are being treated as part of the China-
wide entity:

A&T Industry Co., Ltd.
Allied Transport System Inc.
AM Global Shipping Lines
Ample Star Enterprises
Apex Maritime (Tianjin) Co., Ltd.
Artson Fuzhou Co., Ltd.
Baoshan Iron & Steel Co., Ltd.
Bazhou Dongsheng Hot-Dipped Galvanized Steel Pipe Co., Ltd.
Bazhou Zhuofa Steel Pipe Co. Ltd.
Beijing Bell Plumbing Manufacturing Ltd
Beijing Jia Mei Ao Trade Limited
Beijing Jinghua Shunqi Trading Co., Ltd.
Beijing Kaishengao Import & Export
Beijing Kang Jie Kong International Cargo Agent Co., Ltd.
Beijing Sai Lin Ke Hardware Co., Ltd.
Beijing Zhongxingtong Technology Company Limited
Benxi Northern Pipes Co., Ltd.
Bestar Steel Co., Ltd.
Boyu M/E Company Limited
Cangzhou Huasheng Modern Casting Company Limited
Chaoteng Group Ltd.
CI Consolidators Services Limited
CNOOC Kingland Pipeline Co., Ltd.
Dalian Brollo Steel Tubes Ltd.
Dalian Shipbuilding Import Export Company
DSC Quanzhou Dongshan Machine Co., Ltd
Etco International Trading Co., Ltd.
Feel Light Co., Ltd.
Giant-Move Equipment Co., Ltd.
Guangdong Walsall Steel Pipe Industrial Co., Ltd.
Guangzhou Juyi Steel Pipe Co., Ltd.
Hainan Standard Stone Company Ltd.
Hangzhou Chaoteng International
Hangzhou Shunlan Trading Company Limited
Hebei Machinery Import & Export Co., Ltd.
Hebei Metals & Engineering Products Co., Ltd.
Hefei Ziking Steel Pipe Co., Ltd.
Hengshui Jinghua Steel Pipe Co., Ltd.
Hengyang Valin Steel Tube Group Trading Co. Ltd.
Herede Engineering Ltd.
Hubei Xin Yegang Special Tube Co.
Hulado City Steel Pipe Industrial Co., Ltd.
Hunan Henyang Steel Tube (Group) Co., Ltd.
Jiangsu Changbao Steel Tube Co., Ltd.
Jiangsu Hen-Yuan Garden Supplies Company Ltd.
Jiangsu Yulong Steel Pipe Co., Ltd.
Jiangsu Zhongheng Dyeing & Finishing Co., Ltd.
Jiangyin Jianye Metal Products Co., Ltd.
Jinan Meide Casting Co. Ltd.
Jinan Meide Piping Technology Company Ltd.
Jiangsu Guoqiang Zinc-Plating Industrial Company, Ltd.
Kun Shan Sandia Special Steel Pipe Co., Ltd.
Kunshan City Yuan Han Electronic Co., Ltd.
Kunshan Lets Win Steel Machinery Co., Ltd.
Kunshan Taiheiyo Precision Machinery Co., Ltd.
LF Logistics (China) Co., Ltd.
Lianji Chemical Industry Co Limited
Liaoning Northern Steel Pipe Co., Ltd.
Longyou Yilaida Electric Appliance Co., Ltd.
Myriad Treasure Trading Co., Ltd
Nb Bedding & Living Company Limited
Ningbo Acei Screw Plug Inc.
Ningbo Haishu Jiayong Xingyo Import & Export Co., Ltd.
Ningbo Sunny Foreign Trade Co., Ltd.
Orient Express Container Co., Ltd.
Pacific Star Express Corporation
Pangang Chengdu Group Iron & Steel Co., Ltd.
Panyu Chu Kong Steel Pipe Co., Ltd.
Pudong Prime International Company Limited
Qingdao Ocean Master Steel & Plastic Co., Ltd.
Qingdao Xiangxing Steel Pipe Co., Ltd.
Qingdao Yongjie Import & Export Co., Ltd.
Ritime Group Inc.
Rizhao Xingye Import & Export Co., Ltd.
Rogers Corporation
Shandong Liancheng Auto Parts Company
Shandong Xinyuan Group Co., Ltd.
Shanghai Freeland International Trading Co. Ltd.
Shanghai Golden Bridge Int'l Logistic Co., Ltd.
Shanghai ITPC Import & Export Co. Ltd
Shanghai Metals & Minerals Import & Export Corporation
Shanghai Pudong International Transportation
Shanghai Wor-Biz Trading Co., Ltd.
Shanghai Zhongyou TIPO Steel Pipe Co., Ltd.
Shaoxing Xinyue Trade Co., Ltd.
Shenyang Boyu M/E Co., Ltd.
Shenyang Machinery Import & Export Co., Ltd.
Shijiazhuang Zhongqing Imp & Exp Co., Ltd.
Sichuan Y&J Industries Company Limited
Spat Steel International Hong Kong Limited
Suzhou Hongsheng Lighting Products Co. Ltd
Tangshan Fengnan District Xinlida Steel Pipe Co., Ltd.
The Huludao Steel Tube Industry Co., Ltd.
Tianjin Baolai Int'l Trade Co., Ltd.
Tianjin Haoyou Industry Trade Co., Ltd.
Tianjin Hongshengxiang Paper Company
Tianjin Lifengyuanda Steel Group Co. Ltd.
Tianjin Lituo Steel Products Co., Ltd.
Tianjin Longshenghua Import & Export
Tianjin No. 1 Steel Rolled Co., Ltd.
Tianjin Pipe International Economic & Trading Corporation
Tianjin Ruitong Steel Co., Ltd.
Tianjin Shenzhoutong Steel Pipe Co., Ltd.
Tianjin Vision International Trading Co., Ltd.
Tianjin Xingyuda Import and Export Co., Ltd.
Tianjin Xingyunda Steel Pipe Co., Ltd.
Tianjin Yayi Industrial Co., Ltd.
Translink Shipping, Inc.
Weifang East Steel Pipe Co., Ltd.
Wisco And Crm Wuhan Materials & Trading Co., Ltd.
Wuhan Bosen Trade Co., Ltd.
Wuxi Eric Steel Pipe Co., Ltd.
Wuxi Fastube Industry Co., Ltd.
Wuxi Marca International Imports And Exports
Xuzhou Global Pipe & Fitting Manufacturing Co., Ltd.
Xuzhou Guang Huan Steel Tube Products Co., Ltd.
Xuzhou Yongsheng Pipe & Fitting Co., Ltd.
Yangzhou Lontrin Steel Tube Co., Ltd.
Zhangjiagang Hengchang Welding Materials Co., Ltd.

[[Page 22820]]

Zhangjiangang Zhongyuan Pipe-Making Co., Ltd.
Zhejiang Kingland Pipeline Industry Co., Ltd.
Zhejiang Machinery & Equipment Import & Export Co., Ltd.

[FR Doc. 2019-10437 Filed 5-17-19; 8:45 am]
 BILLING CODE 3510-DS-P