[Federal Register Volume 85, Number 143 (Friday, July 24, 2020)]
[Notices]
[Pages 44852-44854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16094]


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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 Administrative Review of the Antidumping Duty 
Order; 2018-2019

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that sales of certain circular welded carbon steel pipe and tubes 
(steel pipes and tubes) from Taiwan were made at less than normal value 
during the period of review (POR) May 1, 2018 through April 30, 2019. 
We invite all interested parties to comment on these preliminary 
results.

DATES: Applicable July 24, 2020.

FOR FURTHER INFORMATION CONTACT: Kabir Archuletta, 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) 482-2593.

SUPPLEMENTARY INFORMATION:

Background

    On May 1, 2019, Commerce published in the Federal Register a notice 
of opportunity to request an administrative review of the antidumping 
duty (AD) order on steel pipes and tubes from

[[Page 44853]]

Taiwan.\1\ Pursuant to requests from interested parties, Commerce 
initiated an administrative review of the AD order with respect to 27 
companies, in accordance with section 751(a) of Tariff Act of 1930, as 
amended (the Act).\2\ On August 1, 2019, 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 Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 84 FR 18479 (May 1, 2019).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 84 FR 33739 (July 15, 2019).
    \3\ See Memorandum, ``Administrative Review of the Antidumping 
Duty Order of Circular Welded Carbon Steel Pipes and Tubes from 
Taiwan: Respondent Selection,'' dated August 1, 2019.
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    Subsequent to the initiation of the administrative review, several 
interested parties timely withdrew their request for review of all 
companies except Shin Yang, and on November 22, 2019, Commerce 
published a partial rescission of this administrative review with 
respect to those companies.\4\ For details regarding the events that 
occurred subsequent to the initiation of the review, see the 
Preliminary Decision Memorandum.\5\
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    \4\ See Certain Circular Welded Carbon Steel Pipes and Tubes 
from Taiwan: Partial Rescission of Antidumping Duty and 
Administrative Review; 2018--2019, 84 FR 64463 (November 22, 2019).
    \5\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Administrative Review of the Antidumping Duty Order 
on Certain Circular Welded Carbon Steel Pipes and Tubes from Taiwan; 
2018-2019,'' dated concurrently with, and hereby adopted by, this 
notice (Preliminary Decision Memorandum).
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    Pursuant to section 751(a)(3)(A) of the Act, Commerce determined 
that it was not practicable to complete the preliminary results of this 
review within the 245 days and extended the preliminary results by 119 
days, until May 29, 2020.\6\ On April 24, 2020, Commerce tolled all 
deadlines in administrative reviews by 50 days pursuant to section 
751(a)(1) of the Act, thereby extending the deadline for these results 
until July 20, 2020.\7\
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    \6\ See Memorandum, ``Certain Circular Welded Carbon Steel Pipes 
and Tubes from Taiwan: Extension of Deadline for Preliminary Results 
of Antidumping Duty Administrative Review,'' dated January 27, 2020.
    \7\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews in Response to 
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
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Scope of the Order

    The products covered by this 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 is dispositive. For a full description of the 
scope, see the Preliminary Decision Memorandum.

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 these 
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 made available to the public 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 Results of this Review

    We preliminarily determine that the following weighted-average 
dumping margin exists for the period of May 1, 2018 through April 30, 
2019:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Shin Yang Steel Co., Ltd....................................        1.71
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Assessment Rates

    Upon completion of the final results, Commerce shall determine, and 
U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries. If Shin Yang's weighted-average 
dumping margin is not zero or de minimis (i.e., less than 0.5 percent) 
in the final results of this review, we will calculate importer-
specific ad valorem antidumping 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). 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 and for future deposits of estimated duties, where 
applicable.\8\
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    \8\ See section 751(a)(2)(C) of the Act.
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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.\9\
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    \9\ For a full description of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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    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 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 administrative review, (except if the ad valorem 
rate is de minimis, then the cash deposit rate will be zero); (2) for 
merchandise exported by producers 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 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

[[Page 44854]]

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 producers or exporters will continue to be 
9.70 percent, the all-others rate established in the investigation.\10\ 
These cash deposit requirements, when imposed, shall remain in effect 
until further notice.
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    \10\ See Certain Circular Welded Carbon Steel Pipes and Tubes 
from Taiwan: Antidumping Duty Order, 49 FR 19369 (May 7, 1984) 
(Order).
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Disclosure and Public Comment

    Commerce intends to disclose the calculations performed to parties 
within five days after public announcement of the preliminary results 
in accordance with 19 CFR 351.224(b). Pursuant to 19 CFR 351.309(c), 
interested parties are invited to comment on the preliminary results 
and may submit case briefs and/or written comments no later than 30 
days after the date of publication of this notice. Rebuttal briefs, 
limited to issues raised in case briefs, may be submitted no later than 
seven days after the deadline date for filing case briefs.\11\ 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 \12\ and must be served on interested 
parties.\13\ Executive summaries should be limited to five pages total, 
including footnotes. Note that Commerce has temporarily modified 
certain requirements for serving documents containing business 
proprietary information, until further notice.\14\
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    \11\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
    \12\ See generally 19 CFR 351.303.
    \13\ See 19 CFR 351.303(f).
    \14\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
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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 Commerce's electronic records system, 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; and (3) a list of 
issues to be discussed. If a request for a hearing is made, Commerce 
intends to hold the hearing at a date and time to be determined. Issues 
raised in the hearing will be limited to those raised in the respective 
case and rebuttal briefs.

Final Results of Review

    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 and 19 CFR 351.213(h)(1).

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 Commerce's presumption that reimbursement 
of antidumping duties occurred and the subsequent assessment of doubled 
antidumping duties.

Notification to Interested Parties

    The preliminary results of this administrative review are issued 
and published in accordance with sections 751(a)(1) and 777(i)(1) of 
the Act, and 19 CFR 351.213(h)(1) and 351.221(b)(4).

    Dated: July 20, 2020.
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. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation

[FR Doc. 2020-16094 Filed 7-23-20; 8:45 am]
BILLING CODE 3510-DS-P