[Federal Register Volume 87, Number 174 (Friday, September 9, 2022)]
[Notices]
[Pages 55392-55394]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19524]


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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; 2020-2021

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

SUMMARY: The U.S. 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, 2020, through July 31, 2021. Interested 
parties are invited to comment on these preliminary results.

DATES: Applicable September 9, 2022.

FOR FURTHER INFORMATION CONTACT: Magd Zalok, 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) 482-4162.

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 2, 2021, Commerce notified interested parties of the opportunity 
to request an

[[Page 55393]]

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 7, 2021, Commerce 
published a notice initiating an AD administrative review of LWRPT from 
China covering one company, Ailong, for the POR.\2\ On April 19, 2022, 
Commerce extended the deadline for the preliminary results of this 
review by a total of 120 days, to August 31, 2022.\3\
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    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review, 86 FR 41436 (August 2, 2021).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 86 FR 55811 (October 7, 2021) (Initiation 
Notice).
    \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 19, 2022.
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    During the course of this review, Ailong responded to Commerce's 
initial and supplemental questionnaires. Nucor Tubular Products, Inc. 
(Nucor), a domestic producer and an interested party in this review, 
commented on certain responses. For details regarding the events that 
occurred subsequent to the initiation of the review, see the 
Preliminary Decision Memorandum. A list of topics included in the 
Preliminary Decision Memorandum is included in the 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. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

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 
Memorandum, ``Light-Walled Rectangular Pipe and Tube from the 
People's Republic of China: Decision Memorandum for the Preliminary 
Results of the 2020-2021 Antidumping Duty Administrative Review,'' 
dated concurrently with this notice (Preliminary Decision 
Memorandum).
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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 Light-Walled Rectangular Pipe and Tube from Mexico, the 
People's Republic of China, and the Republic of Korea: Antidumping 
Duty Orders; Light-Walled Rectangular Pipe and Tube from the 
Republic of Korea: Notice of Amended Final Determination of Sales at 
Less Than Fair Value, 73 FR 45403 (August 5, 2008) (Order).
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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 in accordance with 
section 772 of the Act. Because China is a non-market economy 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.

Preliminary Results of Review

    We are preliminarily assigning the following weighted-average 
dumping margin to the firm listed below for the period August 1, 2020, 
through July 31, 2021:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                    Producers/exporters                        dumping
                                                                margin
                                                              (percent)
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Hangzhou Ailong Metal Products Co., Ltd....................       45.02
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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 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

[[Page 55394]]

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.; see also 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 41363 (July 
10, 2020).
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Assessment Rates

    Upon issuance of the 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 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 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\
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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 Ailong, 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 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 Interested 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, 2022.
Lisa W. Wang,
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 Methodology
V. Recommendation

[FR Doc. 2022-19524 Filed 9-8-22; 8:45 am]
BILLING CODE 3510-DS-P