[Federal Register Volume 88, Number 49 (Tuesday, March 14, 2023)]
[Notices]
[Pages 15671-15672]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05208]


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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: Final Results of Antidumping Duty Administrative Review; 
2020-2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
Hangzhou Ailong Metal Products Co., Ltd. (Ailong) made U.S. sales of 
light-walled rectangular pipe and tube (LWRPT) from the People's 
Republic of China (China) at less than normal value during the period 
of review (POR) August 1, 2020, through July 31, 2021.

DATES: Applicable March 14, 2023.

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

    On September 9, 2022, Commerce published the Preliminary Results 
and invited interested parties to comment.\1\ For details regarding the 
events that occurred since the Preliminary Results, see the Issues and 
Decision Memorandum. Commerce conducted this administrative review in 
accordance with section 751 of the Tariff Act of 1930, as amended (the 
Act).
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    \1\ See Light-Walled Rectangular Pipe and Tube from the People's 
Republic of China: Preliminary Results of the Antidumping Duty 
Administrative Review; 2020-2021, 87 FR 55392 (September 9, 2022) 
(Preliminary Results), and accompanying Preliminary Decision 
Memorandum.
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Scope of the Order 2
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    \2\ 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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    The scope of the 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 millimeters. For a full 
description of the scope, see the Issues and Decision Memorandum.

Analysis of Comments Received

    We addressed all issues raised in the case and rebuttal briefs 
filed in this administrative review in the Issues and Decision 
Memorandum, which is hereby adopted by this notice. A list of the 
issues raised in the case and rebuttal briefs to which we responded in 
the Issues and Decision Memorandum is included in the appendix to this 
notice. 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. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on our analysis of the comments received, and for the reasons 
explained in the Issues and Decision Memorandum, we made a change from 
the Preliminary Results involving the surrogate value (SV) for labor. 
As noted in the Issues and Decision Memorandum, we determined that 
forced labor practices in Malaysia resulted in our Malaysian-based 
labor SV being unsuitable for use. Therefore, we instead used the SV 
for labor on the record from Romania, one of the potential surrogate 
countries in this administrative review.

Separate Rates

    No parties commented on our preliminary separate rate findings. 
Therefore, we have continued to grant Ailong (the mandatory respondent) 
separate rate status.

Final Results of Review

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

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                          Exporter                             dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Hangzhou Ailong Metal Products Co., Ltd....................       63.16
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Disclosure

    Commerce intends to disclose the calculations performed in 
connection with these final results of review to parties in this review 
within five days after public announcement of the final results or, if 
there is no public announcement, within five days of the date of 
publication of this notice in the Federal Register, in accordance with 
19 CFR 351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Tariff Act of 1930, as 
amended (the Act), and 19 CFR 351.212(b)(1), Commerce has determined, 
and U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries covered by this review.\3\ Commerce 
intends to issue assessment instructions to CBP no earlier than 35 days 
after the date of publication date 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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    \3\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings; Final Modification, 77 FR 8101 (February 14, 2012).
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    Where the respondent's weighted-average dumping margin is zero or 
de minimis, or where an importer- (or customer-) specific ad valorem or 
per-unit rate is zero or de minimis, Commerce will instruct CBP to 
liquidate appropriate entries without regard to antidumping duties.\4\ 
For entries that were not reported in the U.S. sales database submitted 
by an exporter individually examined during this review, but that 
entered under the case number of that exporter (i.e., at the 
individually-examined exporter's cash deposit rate), Commerce will 
instruct CBP to liquidate such entries at the China-wide rate (i.e., 
264.64 percent).\5\
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    \4\ Id.
    \5\ See Order, 73 FR 45403.
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    For any individually-examined respondent whose weighted-average 
dumping margin is above de minimis (i.e., 0.50 percent), we will 
calculate importer-specific assessment rates on

[[Page 15672]]

the basis of the ratio of the total amount of antidumping duties 
calculated for each importer's examined sales and the total entered 
value of the sales, in accordance with 19 CFR 351.212(b)(1).\6\
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    \6\ Id.
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Cash Deposit Requirements

    The following cash deposit requirements will be effective for 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of review, as provided for by section 751(a)(2)(C) of the 
Act: (1) for the exporter listed in the table above, the cash deposit 
rate will be the rate established in the final results of review that 
is listed for the exporter in the table; (2) for previously 
investigated or reviewed China and non-China exporters not listed in 
the table above that have separate rates, the cash deposit rate will 
continue to be the existing exporter-specific rate published for the 
most recent period; (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 previously established for the China-wide 
entity, which is 264.64 percent; and (4) for all non-China exporters of 
subject merchandise which have not received their own rate, the cash 
deposit rate will be the rate applicable to the China exporter that 
supplied that non-China exporter. The cash deposit requirements, when 
imposed, shall remain in effect until further notice.

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 and/or countervailing duties 
prior to liquidation of the relevant POR entries. 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 doubled antidumping duties, and/or an 
increase in the amount of antidumping duties by the amount of the 
countervailing duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under an 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 
terms of an APO is a sanctionable violation.

Notification to Interested Parties

    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.221(b)(5).

    Dated: March 8, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
    Comment 1: Whether the Malaysian Surrogate Data Should Be 
Corrected
    Comment 2: Whether Romania Should Be Considered the Primary 
Surrogate Country
    Comment 3: Whether Turkey Should Be Considered the Primary 
Surrogate Country
    Comment 4: Whether Square/Rectangular Tubing Should Be Used as 
the Primary Input
VI. Recommendation

[FR Doc. 2023-05208 Filed 3-13-23; 8:45 am]
BILLING CODE 3510-DS-P