[Federal Register Volume 85, Number 14 (Wednesday, January 22, 2020)]
[Notices]
[Pages 3618-3620]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00951]


-----------------------------------------------------------------------

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, 2017-2018

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

SUMMARY: The Department of Commerce (Commerce) 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 during the period of review (POR) 
May 1, 2017 through April 30, 2018. The final weighted-average dumping 
margins for the reviewed firms are listed below in the section 
entitled, ``Final Results of the Review.''

DATES: Applicable January 22, 2020.

FOR FURTHER INFORMATION CONTACT: Hannah Falvey or Nicolas Mayora, AD/
CVD Operations, Office V, Enforcement and Compliance, International 
Trade Administration, U.S. Department of

[[Page 3619]]

Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: 
(202) 482-4889 or (202) 482-3053, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On July 18, 2019, Commerce published the Preliminary Results of the 
administrative review of certain circular welded carbon steel pipes and 
tubes from Taiwan.\1\ We invited interested parties to comment on the 
Preliminary Results. A summary of events that occurred since Commerce 
published the Preliminary Results can be found in the Issues and 
Decision Memorandum.\2\ Commerce conducted this administrative review 
in accordance with section 751 of the Tariff Act of 1930, as Amended 
(the Act).
---------------------------------------------------------------------------

    \1\ See Certain Circular Welded Carbon Steel Pipes and Tubes 
from Taiwan: Preliminary Results of Antidumping Duty Administrative 
Review; 2017-2018, 84 FR 34337 (July 18, 2019) (Preliminary 
Results).
    \2\ See Memorandum, ``Issues and Decision Memorandum for Final 
Results of the 2017-2018 Administrative Review of the Antidumping 
Duty Order on Certain Circular Welded Carbon Steel Pipes and Tubes 
from Taiwan,'' dated concurrently with and hereby adopted by this 
notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Order

    The merchandise subject to the order is certain circular welded 
carbon steel pipes and tubes from Taiwan. 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 order remains dispositive. For a full description of the 
scope, see the Issues and Decision Memorandum.\3\
---------------------------------------------------------------------------

    \3\ For a full description of the scope, see the Issues and 
Decision Memorandum.
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs are addressed in 
the Issues and Decision Memorandum. A list of the issues addressed in 
the Issues and Decision Memorandum is attached to this notice as an 
Appendix. 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 https://access.trade.gov and 
in the Central Records Unit (CRU), Room B8024 of the main Commerce 
building. In addition, a complete version of the Issues and Decision 
Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the Issues and Decision 
Memorandum are identical in content.

Final Determination of No Shipments

    In the Preliminary Results, Commerce preliminarily determined that 
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) had no shipments during the POR.\4\ 
Following publication of the Preliminary Results, we received no 
comments from interested parties regarding this decision. As a result, 
and because the record contains no evidence to the contrary, we 
continue to find that Sheng Yu, Tension Steel, Yieh Hsing, and P&J made 
no shipments during the POR. Accordingly, consistent with Commerce's 
practice, we intend to instruct U.S. Customs and Border Protection 
(CBP) to liquidate any existing entries of merchandise produced by 
Sheng Yu, Tension Steel, Yieh Hsing, and P&J but exported by other 
parties without their own rate, at the all-others rate.\5\
---------------------------------------------------------------------------

    \4\ See Preliminary Results, 84 FR at 34338, and accompanying 
Preliminary Decision Memorandum, at 2-3.
    \5\ 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).
---------------------------------------------------------------------------

Final Results of the Review

    We determine that the following weighted-average dumping margins 
exist for Shin Yang and the 15 companies not selected for individual 
review, for the period May 1, 2017 through April 30, 2018:

------------------------------------------------------------------------
                                                                Dumping
                      Producer/exporter                         margin
                                                               (percent)
------------------------------------------------------------------------
Shin Yang Steel Co., Ltd....................................        2.73
Chung Hung Steel Corp.......................................        2.73
Far East Machinery Co., Ltd.................................        2.73
Far East Machinery Group....................................        2.73
Fine Blanking & Tool Co., Ltd...............................        2.73
Hou Lih Co., Ltd............................................        2.73
Kao Hsing Chang Iron & Steel Corp...........................        2.73
Lang Hwang Corp.............................................        2.73
Locksure Inc................................................        2.73
New Chance Products Co., Ltd................................        2.73
Pin Tai Metal Inc...........................................        2.73
Shang Jouch Industrial Co., Ltd.............................        2.73
Shuan Hwa Industrial Co., Ltd...............................        2.73
Titan Fastech Ltd...........................................        2.73
Yeong Shien Industrial Co., Ltd.............................        2.73
Yousing Precision Industry Co., Ltd.........................        2.73
------------------------------------------------------------------------

Assessment

    Commerce 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), Commerce has 
calculated importer-specific antidumping duty assessment rates. We 
calculated importer-specific 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 
sales quantity 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.
    For the companies which were not selected for individual review, we 
will assign an assessment rate equal to Shin Yang's dumping margin 
identified above.\6\ The final results of this review shall be the 
basis for the assessment of antidumping duties on entries of 
merchandise covered by the final results of this review and for future 
deposits of estimated duties, where applicable.\7\
---------------------------------------------------------------------------

    \6\ The Act does not specify how to calculate a dumping margin 
for a respondent that is not selected for individual review in an 
administrative review. Therefore, we look to section 735(c)(5)(A) of 
the Act, which explains how to calculate the ``all others'' rate in 
an investigation, for guidance. Consistent with how we would 
calculate the ``all others'' rate in an investigation, we are basing 
the dumping margin for non-selected companies on the weighted-
average dumping margin calculated for the selected respondent, Shin 
Yang.
    \7\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------

    As noted in the ``Final Determination of No Shipments'' section, 
above, Commerce will instruct CBP to liquidate any existing entries of 
merchandise produced by Sheng Yu, Tension Steel, Yieh Hsing, or P&J, 
but exported by other parties, at the rate for the intermediate 
reseller, if applicable, or at the all-others rate.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon

[[Page 3620]]

publication of the notice of final results of administrative review 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 for by section 
751(a)(2)(C) of the Act: (1) The cash deposit rate for each specific 
company listed above will be equal to the rate established in the final 
results of this administrative review; (2) for merchandise exported by 
producers or exporters not covered in this review, including the 
companies Commerce has determined had no shipments in these final 
results, but covered in a prior segment of this proceeding, the cash 
deposit rate will continue to be the company-specific rate published 
for the most recently completed segment in which the company was 
reviewed; (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 producer is, then the cash deposit rate will be 
the rate established for the most recently completed segment of this 
proceeding for the producer of the subject merchandise; and (4) the 
cash deposit rate for all other producers or exporters will continue to 
be 9.70 percent, the all-others rate established in the LTFV 
investigation.\8\ These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
---------------------------------------------------------------------------

    \8\ See Certain Circular Welded Carbon Steel Pipes and Tubes 
from Taiwan: Antidumping Duty Order, 49 FR 19369 (May 7, 1984).
---------------------------------------------------------------------------

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 POR. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of antidumping duties occurred and increase the subsequent assessment 
of double antidumping duties.

Notification to Interested Parties Regarding Administrative Protective 
Order

    This notice also serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3), which continues to govern 
business proprietary information in this segment of the proceeding. 
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 the terms of an 
APO is a sanctionable violation.
    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h).

    Dated: January 14, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-00951 Filed 1-21-20; 8:45 am]
 BILLING CODE 3510-DS-P