[Federal Register Volume 84, Number 248 (Friday, December 27, 2019)]
[Notices]
[Pages 71367-71369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27937]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-814]


Certain Circular Welded Non-Alloy Steel Pipe From Taiwan: 
Preliminary Determination of No Shipments; 2017-2018

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that there were no shipments of subject merchandise during the period 
of review (POR) November 1, 2017 through October 31, 2018. We invite 
interested parties to comment on these preliminary results.

DATES: Applicable December 27, 2019.

FOR FURTHER INFORMATION CONTACT: Chelsey Simonovich, 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) 482-1979.

SUPPLEMENTARY INFORMATION:

Background

    On November 1, 2018, Commerce published in the Federal Register a 
notice of opportunity to request an administrative review of the order 
on certain circular welded non-alloy steel pipe (circular welded pipe) 
from Taiwan for the POR.\1\ On November 30, 2018, Commerce received a 
request for administrative review covering imports of circular welded 
pipe from Taiwan, which was filed in proper form by Independence Tube 
Corporation and Southland Tube (collectively, the petitioners).\2\ 
Commerce published the notice of initiation of this administrative 
review on February 6, 2019, covering the two companies for which we 
received a request for review.\3\
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    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review, 83 FR 54912 (November 1, 2018).
    \2\ See Petitioners' Letter, ``Certain Circular Welded Non-Alloy 
Steel Pipe from Taiwan: Request for Administrative Review,'' dated 
November 30, 2018.
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 84 FR 2160 (February 6, 2019).
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    On December 26, 2018, Commerce received a notification of no 
shipments from Founder Land.\4\ On March 4, 2019, Commerce received 
notifications of no shipments from Shin Yang Steel Co., Ltd. (Shin 
Yang), Tension Steel Enterprise Co., Ltd. (Tension Steel), Yieh Hsing 
Enterprise Co., Ltd. (Yieh Hsing), and Yieh Phui Enterprise Co., Ltd. 
(Yieh Phui).\5\ On August 5, 2019, Commerce made inquiries to U.S. 
Customs and Border Protection (CBP) informing CBP that Commerce's 
records indicated no shipments from Founder

[[Page 71368]]

Land, Shin Yang, Tension Steel, Yieh Hsing, or Yieh Phui and requested 
that any CBP import officers aware of entries inform Commerce within 
ten days.\6\ We received no notifications from CBP. On August 30, 2019, 
Commerce published memoranda informing interested parties that we had 
made an inquiry to CBP with regard to entries of subject merchandise 
for the purposes of potential respondent selection. The results 
indicated that there were no shipments of subject merchandise from 
Taiwan as country of origin or country of export by Founder Land, Shin 
Yang, Tension Steel, Yieh Hsing, or Yieh Phui into the United States 
during the POR.\7\
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    \4\ See Founder Land's Letter, ``Certain Circular Welded Non-
Alloy Steel Pipe from Taiwan: Request for Administrative Review,'' 
dated December 26, 2018.
    \5\ See Shin Yang's Letter, ``Certain Circular Welded Non-Alloy 
Steel Pipe from Taiwan; No Shipment Certification,'' dated March 4, 
2019; Tension Steel's Letter, ``Certain Circular Welded Non-Alloy 
Steel Pipe from Taiwan; No Shipment Certification,'' dated March 4, 
2019; Yieh Hsing's Letter, ``Certain Circular Welded Non-Alloy Steel 
Pipe from Taiwan; No Shipment Certification,'' dated March 4, 2019; 
and Yieh Phui's Letter, ``Certain Circular Welded Non-Alloy Steel 
Pipe from Taiwan; No Shipment Certification,'' dated March 4, 2019.
    \6\ See CBP Message 9241301, ``No shipments inquiry for certain 
circular welded non-alloy steel pipe from Taiwan exported by Founder 
Land Co., Ltd. (A-583-814),'' CBP Message 9214307, ``No shipments 
inquiry for certain circular welded non-alloy steel pipe from Taiwan 
exported by Shin Yang Steel Co., Ltd. (A-583-814),'' CBP Message 
9214306, ``No shipments inquiry for certain circular welded non-
alloy steel pipe from Taiwan exported by Tension Steel Enterprise 
Co., Ltd. (A-583-814),'' CBP Message 9213304, ``No shipments inquiry 
for certain circular welded non-alloy steel pipe from Taiwan 
exported by Yieh Hsing Enterprise Co., Ltd. (A-583-814),'' CBP 
Message 9213307, ``No shipments inquiry for certain circular welded 
non-alloy steel pipe from Taiwan exported by Yieh Phui Enterprise 
Co., Ltd. (A-583-814),'' all dated March 20, 2019.
    \7\ See Memoranda, ``No shipment inquiry with respect to the 
company below during the period 11/01/2017 through 10/31/2018,'' 
dated August 301, 2019.
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    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 28, 2019.\8\ On September 10, 
2019, Commerce postponed the preliminary determination of this 
administrative review, and the revised deadline is now December 10, 
2019. This preliminary determination is made in accordance with section 
751 of the Tariff Act of 1930, as amended (the Act).
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    \8\ See Memorandum, ``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. If 
the new deadline falls on a non-business day, in accordance with 
Commerce's practice, the deadline will become the next business day.
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Scope of the Order

    The products covered by the order are circular welded pipe from 
Taiwan. For a complete description of the scope of the order, see the 
appendix to this notice.

Preliminary Determination of No Shipments

    Based on record evidence, we preliminarily determine that Founder 
Land, Shin Yang, Tension, Yieh Hsing, Yieh Phui had no shipments of 
subject merchandise during the POR. With respect to Founder Land, Shin 
Yang, Tension Steel, Yieh Hsing, and Yieh Phui, CBP stated that it did 
not find any shipments of subject merchandise from these companies 
during the POR.\9\
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    \9\ See Founder Land's Letter, ``Certain Circular Welded Non-
Alloy Steel Pipe from Taiwan: Request for Administrative Review,'' 
dated December 25, 2018; see also Shin Yang's Letter, ``Certain 
Circular Welded Non-Alloy Steel Pipe from Taiwan; No Shipment 
Certification,'' dated March 4, 2019, Tension Steel's Letter, 
``Certain Circular Welded Non-Alloy Steel Pipe from Taiwan; No 
Shipment Certification,'' dated March 4, 2019, Yieh Hsing's Letter, 
``Certain Circular Welded Non-Alloy Steel Pipe from Taiwan; No 
Shipment Certification,'' dated March 4, 2019, and Yieh Phui's 
Letter, ``Certain Circular Welded Non-Alloy Steel Pipe from Taiwan; 
No Shipment Certification,'' dated March 4, 2019.
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    Consistent with our practice, we find that it is not appropriate to 
rescind the review with respect to these five companies, but rather to 
complete the review and issue appropriate instructions to CBP based on 
the final results of this review.\10\
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    \10\ 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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Public Comment

    Interested parties may submit case briefs to Commerce no later than 
30 days after the date of publication of this notice.\11\ Rebuttal 
briefs, limited to issues raised in the case briefs, may be filed not 
later than five days after the date for filing case briefs.\12\ 
Pursuant to 19 CFR 351.309(c)(2) and (d)(2), 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.
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    \11\ See 19 CFR 351.309(c)(1)(ii).
    \12\ See 19 CFR 351.309(d).
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    All submissions to Commerce must be filed electronically via 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS) and must also be served 
on interested parties.\13\ ACCESS is available to registered users at 
http://access.trade.gov and is available to all parties in the Central 
Records Unit, Room B8024 of the main Commerce building. An 
electronically filed document must be received successfully in its 
entirety by 5:00 p.m. Eastern Time on the date that the document is 
due.
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    \13\ See 19 CFR 351.303(f).
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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 
Commerce's electronic records system, ACCESS. An electronically filed 
request must be received successfully in its entirety by 5:00 p.m. 
Eastern Time within 30 days of the date of publication of this 
notice.\14\ Requests should contain: (1) The party's name, address and 
telephone number; (2) the number of participants; and (3) 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. 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 date and time to be determined.\15\ Parties 
should confirm the date, time, and location of the hearing two days 
before the scheduled date.
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    \14\ See 19 CFR 351.310(c).
    \15\ See 19 CFR 351.310(d).
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    Commerce intends to issue the final results of this administrative 
review, including the results of its analysis of the issues raised in 
any case or rebuttal briefs, no later than 120 days after the date of 
publication of this notice, unless extended.\16\
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    \16\ See section 751(a)(3)(A) of the Act; and 19 CFR 351.213(h).
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Assessment Rates

    If we continue to find in the final results that Founder Land, Shun 
Yang, Tension Steel, Yieh Hsing, and Yieh Phui had no shipments of 
subject merchandise, for entries of subject merchandise during the POR 
produced by Founder Land, Shun Yang, Tension Steel, Yieh Hsing, and 
Yieh Phui for which these companies did not know that the merchandise 
was destined for the United States, we will instruct CBP to liquidate 
these entries at the all-others rate if there is no rate for the 
intermediate company(ies) involved in the transaction.\17\
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    \17\ 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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    Commerce intends to issue appropriate assessment instructions to 
CBP 15 days after publication 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

[[Page 71369]]

cash deposit rates for Founder Land, Shun Yang, Tension Steel, Yieh 
Hsing, and Yieh Phui will remain unchanged from the rate assigned to 
them in the most recently completed review of those companies; (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; (3) if the exporter 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 for the 
manufacturer of the merchandise; and (4) the cash deposit rate for all 
other manufacturers or exporters will continue to be 23.56 percent, the 
all-others rate established in the less-than-fair-value 
investigation.\18\ These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \18\ See Notice of Antidumping Duty Order: Circular Welded Non-
Alloy Steel Pipe from Taiwan, 57 FR 49454 (November 2, 1992).
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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 review period. Failure to comply 
with this requirement may result in the presumption that reimbursement 
of antidumping duties occurred and the subsequent assessment of double 
antidumping duties.

Notification to Interested Parties

    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4).

    Dated: December 10, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

Scope of the Order

    The products covered by this order are (1) circular welded non-
alloy steel pipes and tubes, of circular cross section over 114.3 
millimeters (4.5 inches), but not over 406.4 millimeters (16 inches) 
in outside diameter, with a wall thickness of 1.65 millimeters 
(0.065 inches) or more, regardless of surface finish (black, 
galvanized, or painted), or end-finish (plain end, beveled end, 
threaded, or threaded and coupled); and (2) circular welded non-
alloy steel pipes and tubes, of circular cross-section less than 
406.4 millimeters (16 inches), with a wall thickness of less than 
1.65 millimeters (0.065 inches), regardless of surface finish 
(black, galvanized, or painted) or end-finish (plain end, beveled 
end, threaded, or threaded and coupled). These pipes and tubes are 
generally known as standard pipes and tubes and are intended for the 
low pressure conveyance of water, steam, natural gas, air, and other 
liquids and gases in plumbing and heating systems, air conditioning 
units, automatic sprinkling systems, and other related uses, and 
generally meet ASTM A-53 specifications. Standard pipe may also be 
used for light load-bearing applications, such as for fence-tubing 
and as structural pipe tubing used for framing and support members 
for construction, or load-bearing purposes in the construction, 
shipbuilding, trucking, farm-equipment, and related industries. 
Unfinished conduit pipe is also included in this order.
    All carbon steel pipes and tubes within the physical description 
outlined above are included within the scope of this order, except 
line pipe, oil country tubular goods, boiler tubing, mechanical 
tubing, pipe and tube hollows for redraws, finished scaffolding, and 
finished conduit. Standard pipe that is dual or triple certified/
stenciled that enters the U.S. as line pipe of a kind or used for 
oil and gas pipelines is also not included in this investigation.
    Imports of the products covered by this order are currently 
classifiable under the following Harmonized Tariff Schedule (HTS) 
subheadings, 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. Although 
the HTS subheadings are provided for convenience and customs 
purposes, our written description of the scope of this order is 
dispositive.

[FR Doc. 2019-27937 Filed 12-26-19; 8:45 am]
 BILLING CODE 3510-DS-P