[Federal Register Volume 86, Number 170 (Tuesday, September 7, 2021)]
[Notices]
[Pages 50054-50056]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19191]



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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-914]


Light-Walled Rectangular Pipe and Tube From the People's Republic 
of China: Preliminary Results of the Antidumping Duty Administrative 
Review; 2019-2020

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily finds that 
Hangzhou Ailong Metal Products Co., Ltd. (Ailong) made sales of subject 
merchandise at prices below normal value (NV). The period of review 
(POR) is August 1, 2019, through July 31, 2020. Interested parties are 
invited to comment on these preliminary results.

DATES: Applicable September 7, 2021.

FOR FURTHER INFORMATION CONTACT: Thomas Hanna, AD/CVD Operations, 
Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-0835.

SUPPLEMENTARY INFORMATION:

Background

    This administrative review is being conducted in accordance with 
section 751(a) of the Tariff Act of 1930, as amended (the Act). On 
August 4, 2020, Commerce notified interested parties of the opportunity 
to request an administrative review of orders, findings, or suspended 
investigations with anniversaries in August 2020, including the 
antidumping duty (AD) order on light-walled rectangular pipe and tube 
(LWRPT) from the People's Republic of China (China).\1\ On October 6, 
2020, Commerce published a notice initiating an AD administrative 
review of LWRPT from China covering one company, Ailong, for the 
POR.\2\ On April 15, 2021, Commerce extended the deadline for the 
preliminary results of this review by a total of 120 days, to August 
31, 2021.\3\
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    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review, 85 FR 47167 (August 4, 2020).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 85 FR 63081 (October 6, 2020).
    \3\ See Memorandum, ``Light-Walled Rectangular Pipe and Tube 
from the People's Republic of China: Extension of Deadline for 
Preliminary Results of Antidumping Duty Administrative Review,'' 
dated April 15, 2021.
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    During the course of this review, Ailong responded to Commerce's 
initial and supplemental questionnaires. Nucor Tubular Products, Inc. 
(Nucor), the petitioner, commented on certain responses. For details 
regarding the events that occurred subsequent to the initiation of the 
review, see the Preliminary Decision Memorandum.

Scope of the Order

    The merchandise subject to this order is certain welded carbon 
quality light-walled steel pipe and tube, of rectangular (including 
square) cross section, having a wall thickness of less than 4 mm.\4\ 
For a full description of the scope, see the Preliminary Decision 
Memorandum.
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    \4\ For a complete description of the scope of the Order, see 
Light-Walled Rectangular Pipe and Tube from the People's Republic of 
China: Decision Memorandum for the Preliminary Results of the 2019-
2020 Antidumping Duty Administrative Review (Preliminary Decision 
Memorandum) dated concurrently with this notice.
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Separate Rate Status

    Based on the criteria established by Sparklers \5\ and Silicon 
Carbide,\6\ Commerce preliminarily determines that the information 
placed on the record by Ailong demonstrates an absence of de jure and 
de facto government control over its export activities. Therefore, we 
have preliminarily granted Ailong separate rate status. For details 
regarding our analysis, see the Preliminary Decision Memorandum.
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    \5\ See Final Determination of Sales at Less Than Fair Value: 
Sparklers from the People's Republic of China, 56 FR 20588 (May 6, 
1991) (Sparklers).
    \6\ See Notice of Final Determination of Sales at Less Than Fair 
Value: Silicon Carbide from the People's Republic of China, 59 FR 
22585 (May 2, 1994) (Silicon Carbide).
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China-Wide Entity

    Commerce's policy regarding conditional review of the China-wide 
entity applies to this administrative review.\7\ Under this policy, the 
China-wide entity will not be under review unless a party specifically 
requests, or Commerce self-initiates, a review of the entity. Because 
no party requested a review of the China-wide entity in this review, 
the entity is not under review and the weighted-average dumping margin 
determined for the China-wide entity (i.e., 255.07 percent) is not 
subject to change as a result of this review.\8\ For additional 
information, see the Preliminary Decision Memorandum.
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    \7\ 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).
    \8\ See Order, 84 FR at 19036.
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Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) of the Act. We calculated export prices and constructed 
export prices in accordance with section 772 of the Act. Because China 
is a non-market economy (NME) country within the meaning of section 
771(18) of the Act, we calculated NV in accordance with section 773(c) 
of the Act.
    For a full description of the methodology underlying the 
preliminary results of review, see the Preliminary Decision Memorandum, 
which is hereby adopted by 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. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
at http://enforcement.trade.gov/frn/. A list of sections in the 
Preliminary Decision Memorandum is in the appendix to this notice.

Preliminary Results of Review

    We are assigning the following weighted-average dumping margin to 
the firm listed below for the period August 1, 2019, through July 31, 
2020:

------------------------------------------------------------------------
                                                            Weighted-
                                                         average dumping
                  Producers/exporters                         margin
                                                            (percent)
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Hangzhou Ailong Metal Products Co., Ltd. (Ailong)......          157.40
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Disclosure and Public Comment

    Commerce intends to disclose to parties to the proceeding the 
calculations performed for these preliminary results of review within 
five days of the date of publication of this notice in the Federal 
Register in accordance with 19 CFR 351.224(b). Interested parties may 
submit case briefs to Commerce no later than 30 days after the date of 
publication of these preliminary results of review in the Federal 
Register.\9\ Rebuttal briefs may be filed with Commerce no later than 
seven days after case briefs are due and may respond only to arguments 
raised in the case briefs.\10\ Parties who submit case briefs or 
rebuttal briefs in this proceeding are encouraged to submit with each 
argument: (1) A statement of

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the issue; (2) a brief summary of the argument; and (3) a table of 
authorities.\11\ A table of contents, list of authorities used, and an 
executive summary of issues should accompany any briefs submitted to 
Commerce. The summary should be limited to five pages total, including 
footnotes.\12\ Case and rebuttal briefs should be filed using ACCESS 
and must be served on interested parties.\13\
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    \9\ See 19 CFR 351.309(c)(1)(ii).
    \10\ See 19 CFR 351.309(d).
    \11\ See 19 CFR 351.309(c)(2) and (d)(2).
    \12\ Id.
    \13\ See 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, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, within 30 days 
after the date of publication of this notice in the Federal Register. 
Requests for a hearing should contain: (1) The requesting party's name, 
address, and telephone number; (2) the number of individuals associated 
with the requesting party that will attend the hearing and whether any 
of those individuals is a foreign national; and (3) a list of the 
issues the party intends to discuss at the hearing. Oral arguments at 
the hearing will be limited to issues raised in the briefs. If a 
request for a hearing is made, Commerce will announce the date and time 
of the hearing. Parties should confirm by telephone the date and time 
of the hearing two days before the scheduled hearing date.
    All submissions, with limited exceptions, must be filed 
electronically using ACCESS.\14\ An electronically filed document must 
be received successfully in its entirety by Commerce's electronic 
records system, ACCESS, by 5 p.m. Eastern Time (ET) on the due 
date.\15\ Note that Commerce has temporarily modified certain of its 
requirements for serving documents containing business proprietary 
information until further notice.\16\ 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 of review in the Federal Register, pursuant to section 
751(a)(3)(A) of the Act.
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    \14\ Id.; Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011).
    \15\ Id.
    \16\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 29615 (May 18, 
2020); and 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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Assessment Rates

    Upon issuance of the amended final results of review, Commerce will 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries covered by the amended 
final results of review.\17\ Commerce intends to issue assessment 
instructions to CBP no earlier than 35 days after the date of 
publication of the amended final results of this review in the Federal 
Register. If a timely summons is filed at the U.S. Court of 
International Trade, the assessment instructions will direct CBP not to 
liquidate relevant entries until the time for parties to file a request 
for a statutory injunction has expired (i.e., within 90 days of 
publication).
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    \17\ See 19 CFR 351.212(b)(1).
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    We will calculate importer/customer-specific assessment rates equal 
to the ratio of the total amount of dumping calculated for examined 
sales to a particular importer/customer to the total entered value of 
those sales, in accordance with 19 CFR 351.212(b)(1).\18\ Where the 
respondent reported reliable entered values, Commerce intends to 
calculate importer/customer-specific ad valorem assessment rates by 
dividing the total amount of dumping calculated for all reviewed U.S. 
sales to the importer/customer by the total entered value of the 
merchandise sold to the importer/customer.\19\ Where the respondent did 
not report entered values, Commerce will calculate importer/customer-
specific assessment rates by dividing the total amount of dumping 
calculated for all reviewed U.S. sales to the importer/customer by the 
total quantity of those sales. Commerce will calculate an estimated ad 
valorem importer/customer-specific assessment rate to determine whether 
the per-unit assessment rate is de minimis; however, Commerce will use 
the per-unit assessment rate where entered values were not 
reported.\20\ Where an importer/customer-specific ad valorem assessment 
rate is not zero or de minimis, Commerce will instruct CBP to collect 
the appropriate duties at the time of liquidation. Where either the 
respondent's ad valorem weighted-average dumping margin is zero or de 
minimis, or an importer/customer-specific ad valorem assessment rate is 
zero or de minimis,\21\ Commerce will instruct CBP to liquidate the 
appropriate entries without regard to antidumping duties.
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    \18\ We applied the assessment rate calculation method 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).
    \19\ See 19 CFR 351.212(b)(1).
    \20\ Id.
    \21\ See 19 CFR 351.106(c)(2).
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    Pursuant to Commerce's refinement to its practice, for sales that 
were not reported in the U.S. sales database submitted by a respondent 
individually examined during this review, Commerce will instruct CBP to 
liquidate the entry of such merchandise at the dumping margin assigned 
to the China-wide entity.\22\ Additionally, where Commerce determines 
that an exporter under review had no shipments of subject merchandise 
to the United States during the POR, any suspended entries of subject 
merchandise that entered under that exporter's CBP case number during 
the POR will be liquidated at the dumping margin assigned to the China-
wide entity.
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    \22\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full 
discussion of this practice.
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    In accordance with section 751(a)(2)(C) of the Act, 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 antidumping 
duties, where applicable.

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of light-walled rectangular pipe and tube from China entered, 
or withdrawn from warehouse, for consumption on or after the date of 
publication of the notice of the final results of this administrative 
review in the Federal Register, as provided for by section 751(a)(2)(C) 
of the Act: (1) For companies granted a separate rate in the final 
results of this review, the cash deposit rate will be equal to the 
weighted-average dumping margin established in the final results of 
this review for the company (except, if the rate de minimis, then a 
cash deposit rate of zero will be required); (2) for previously 
investigated or reviewed China and non-China exporters not listed above 
that received a separate rate in a prior segment of this proceeding, 
the cash deposit rate will continue to be the existing exporter-
specific rate; (3) for all China exporters of subject merchandise that 
have not been found to be entitled to a separate rate, the cash deposit 
rate will be the rate for the China-wide entity, which is 255.07 
percent; and (4) for all non-China exporters of subject merchandise 
that

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have not received their own rate, the cash deposit rate will be the 
rate applicable to China exporter(s) that supplied that non-China 
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 and/or countervailing 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 and/or countervailing 
duties occurred and the subsequent assessment of double antidumping 
duties.

Notification to Interest Parties

    These preliminary results of administrative review are issued and 
published in accordance with sections 751(a)(l) and 777(i)(l) of the 
Act and 19 CFR 351.213(h)(1).

    Dated: August 31, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Extension of the Preliminary Results
IV. Scope of the Order
V. Discussion of Methodology
VI. Recommendation

[FR Doc. 2021-19191 Filed 9-3-21; 8:45 am]
BILLING CODE 3510-DS-P