[Federal Register Volume 84, Number 138 (Thursday, July 18, 2019)]
[Notices]
[Pages 34337-34339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15187]
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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; 2017-
2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily finds that
exporters of certain circular welded carbon steel pipe and tubes from
Taiwan sold subject merchandise in the United States at prices below
normal value during the period of review (POR) May 1, 2017 through
April 30, 2018. We invite all interested parties to comment on these
preliminary results.
DATES: Applicable July 18, 2019.
FOR FURTHER INFORMATION CONTACT: Rachel Greenberg, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-0652.
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 in accordance with section 751(a)(1)(B) of Tariff Act of 1930,
as amended (the Act).\1\ On July 12, 2018, in accordance with 19 CFR
351.221(c)(1)(i), we initiated an administrative review of the Order
covering 20 companies.\2\ On July 24, 2018, Commerce selected one
producer/exporter of subject merchandise, Shin Yang Steel Co., Ltd.
(Shin Yang), as the sole mandatory respondent for this review.\3\
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\1\ See Certain Circular Welded Carbon Steel Pipes and Tubes
from Taiwan: Antidumping Duty Order, 49 FR at 19369 (May 7, 1984)
(Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 32270 (July 12, 2018) (Initiation
Notice).
\3\ See Memorandum, ``Respondent Selection,'' dated October 2,
2018 (Respondent Selection Memorandum).
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On December 6, 2018, Commerce exercised its discretion to extend
the deadline for the preliminary results.\4\ Additionally, 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, resulting in a revised
deadline of July 10, 2019.\5\
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\4\ See Memorandum, ``Certain Circular Welded Carbon Steel Pipes
and Tubes from Taiwan: Extension of Deadline for Preliminary Results
of Antidumping Administrative Review,'' dated December 6, 2018.
\5\ 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.
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Scope of the Order
The products covered by the Order are certain circular welded
carbon steel pipes and tubes. The products are currently classifiable
under the Harmonized Tariff Schedule of the United States (HTSUS)
subheadings: 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 product description of
the scope of the Order remains dispositive. For a full description of
the scope, see the Preliminary Decision Memorandum.\6\
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\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Antidumping Administrative Review: Certain Circular
Welded Carbon Steel Pipes and Tubes from Taiwan; 2017-2018'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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[[Page 34338]]
Methodology
Commerce is conducting this review in accordance with section 751
of 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 the
preliminary results, see the Preliminary Decision Memorandum. A list of
topics discussed in the Preliminary Decision Memorandum is attached as
an Appendix 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 https://access.trade.gov,
and to all parties in the Central Records Unit, Room B8024 of the main
Commerce building. In addition, a complete version of the Preliminary
Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the
Preliminary Decision Memorandum are identical in content.
Preliminary Determination of No Shipments
From July 18, 2018 through July 26, 2018, Sheng Yu Steel Co., Ltd.
(Sheng Yu), Tension Steel Industries Co., Ltd. (Tension Steel), Yieh
Hsing Enterprise. Co., Ltd. (Yieh Hsing), and Pat & Jeff Enterprise Co.
Ltd. (P&J) timely filed statements reporting that they each made no
shipments of subject merchandise to the United States during the POR.
Subsequently, we received information from the U.S. Customs and Border
Protection (CBP) confirming the no-shipment claims from Sheng Yu,
Tension Steel, Yieh Hsing, and P&J. Based on the foregoing, Commerce
preliminarily determines that Sheng Yu, Tension Steel, Yieh Hsing, and
P&J had no shipments during the POR. For additional information
regarding this determination, see the Preliminary Decision Memorandum.
Consistent with our practice, Commerce is not rescinding this
administrative review with respect to Sheng Yu, Tension Steel, Yieh
Hsing, and P&J at this time, but intends to complete the review and
issue appropriate instructions to CBP based on the final results of
this review.\7\
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\7\ 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 51306,
51307 (August 28, 2014).
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Preliminary Results of This Review
As a result of this review, we calculated a preliminary weighted-
average dumping margin of 2.44 percent for Shin Yang for the POR.
Therefore, in accordance with section 735(c)(5)(A) of the Act, we
assigned this weighted-average dumping margin of 2.44 percent
calculated for Shin Yang to the fifteen companies not selected for
individual review in these preliminary results, as referenced below. We
preliminarily determine that the following weighted-average dumping
margins exist for the period of May 1, 2017 through April 30, 2018:
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Weighted-
average
Exporter/producer dumping
margin
(percent)
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Shin Yang Steel Co., Ltd.................................... 2.44
Chung Hung Steel Corp....................................... 2.44
Far East Machinery Co., Ltd................................. 2.44
Far East Machinery Group.................................... 2.44
Fine Blanking & Tool Co., Ltd............................... 2.44
Hou Lih Co., Ltd............................................ 2.44
Kao Hsing Chang Iron & Steel Corp........................... 2.44
Lang Hwang Corp............................................. 2.44
Locksure Inc................................................ 2.44
New Chance Products Co., Ltd................................ 2.44
Pin Tai Metal Inc........................................... 2.44
Shang Jouch Industrial Co., Ltd............................. 2.44
Shuan Hwa Industrial Co., Ltd............................... 2.44
Titan Fastech Ltd........................................... 2.44
Yeong Shien Industrial Co., Ltd............................. 2.44
Yousing Precision Industry Co., Ltd......................... 2.44
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Assessment Rates
Upon issuance of the final results, Commerce shall determine, and
CBP shall assess, antidumping duties on all appropriate entries covered
by this review.
For any individually examined respondents whose weighted-average
dumping margin is above de minimis (i.e., 0.50 percent), we will
calculate importer-specific ad valorem duty assessment rates based on
the ratio of the total amount of dumping calculated for the importer's
examined sales to the total entered value of those same sales in
accordance with 19 CFR 351.212(b)(1).\8\ We will instruct CBP to assess
antidumping duties on all appropriate entries covered by this review
when the importer-specific assessment rate calculated in the final
results of this review is not zero or de minimis. If Shin Yang's
weighted-average dumping margin is zero or de minimis, we will instruct
CBP to liquidate the appropriate entries without regard to antidumping
duties. The final results of this review shall be the basis for the
assessment of antidumping duties on entries of merchandise covered by
this review where applicable.
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\8\ In these preliminary results, Commerce applied the
assessment rate calculation methodology adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012).
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by Shin Yang
for which it did not know that the merchandise was destined for the
United States, we will instruct CBP to liquidate those entries at the
all-others rate if there is no rate for the intermediate company(ies)
involved in the transaction. We intend to issue instructions to CBP 15
days after the publication date of the final results of this review.
Cash Deposit Requirements
The following 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 the companies
under review will be the rate established in the final results of this
review (except, if the ad valorem rate is de minimis, then the cash
deposit rate will be zero); (2) for previously reviewed or investigated
companies not covered 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
prior review, or the original investigation, but the producer is, the
cash deposit rate will be the rate established for the most recently-
completed segment of this proceeding for the producer 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 investigation.\9\ These cash deposit requirements,
when imposed, shall remain in effect until further notice.
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\9\ See Order.
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[[Page 34339]]
Disclosure and Public Comment
Commerce intends to disclose its calculations and analysis
performed within ten days of the date of publication of this notice in
accordance with 19 CFR 351.224(b). Interested parties are invited to
comment on the preliminary results and may submit case briefs and/or
written comments within 30 days of the publication of this nature,
pursuant to 19 CFR 351.309(c)(1)(ii). Rebuttal briefs, limited to
issues raised in case briefs, may be submitted no later than five days
after the deadline date for case briefs.\10\ Pursuant to 19 CFR
351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal
briefs in this review 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. Case and rebuttal briefs should be filed using
ACCESS.
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\10\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
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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. An electronically-filed document must be received successfully
in its entirety by ACCESS by 5:00 p.m. Eastern Time within 30 days
after the date of publication of this notice. Requests should contain:
(1) The party's name, address, and telephone number; (2) the number of
participants; (3) whether any participant is a foreign national; and
(4) a list of issues parties intend to discuss. Issues raised in the
hearing will be limited to those raised in the respective case and
rebuttal briefs.\11\ If a request for a hearing is made, Commerce
intends to hold the hearing at the U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230, at a time and date to be
determined.\12\ Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
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\11\ See 19 CFR 351.310(c).
\12\ See 19 CFR 351.310(c).
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Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, which will include the results
of its analysis of issues raised in any briefs, within 120 days of
publication of these preliminary results, pursuant to section
751(a)(3)(A) of the Act.
Notification to Importers
This notice 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 POR. Failure to comply with this
requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
Notification to Interested Parties
The preliminary results of review are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(4).
Dated: July 10, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Companies Not Selected for Individual Examination
V. Preliminary Determination of No Shipments
VI. Comparisons to Normal Value
VII. Date of Sale
VIII. Export Price
IX. Normal Value
X. Currency Conversion
XI. Recommendation
[FR Doc. 2019-15187 Filed 7-17-19; 8:45 am]
BILLING CODE 3510-DS-P