[Federal Register Volume 88, Number 70 (Wednesday, April 12, 2023)]
[Notices]
[Pages 22007-22008]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07709]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-008, A-583-814]
Certain Circular Welded Carbon Steel Pipes and Tubes From Taiwan
and Circular Welded Non-Alloy Steel Pipe From Taiwan: Negative
Preliminary Determinations of Circumvention of the Antidumping Duty
Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that certain circular welded carbon steel pipes and tubes
(pipe and tube) and circular welded non-alloy steel pipe (CWP) imported
into the United States during the period of inquiry, January 1, 2017,
through December 31, 2021, were not completed in the Socialist Republic
of Vietnam (Vietnam) using hot-rolled steel (HRS) manufactured in
Taiwan, and, therefore, no such imports are circumventing the
antidumping duty (AD) orders on pipe and tube and CWP from Taiwan. We
invite interested parties to comment on these preliminary
determinations.
DATES: Applicable April 12, 2023.
FOR FURTHER INFORMATION CONTACT: Nicolas Mayora (Pipe and Tube) or
Preston Cox and Scarlet Jaldin (CWP), AD/CVD Operations, Offices V and
VI, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-3053, (202) 482-5041, and (202) 482-
4275, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 7, 1984 and November 2, 1992, Commerce published the orders
on pipe and tube and CWP from Taiwan, respectively.\1\ On August 4,
2022, Commerce initiated country-wide circumvention inquiries, pursuant
to section 781(b) of the Tariff Act of 1930, as amended (the Act) and
19 CFR 351.226, to determine whether imports of pipe and tube and CWP
from Vietnam, completed in Vietnam from HRS manufactured in Taiwan, are
circumventing the Orders.\2\ On August 30, 2022, Commerce selected SeAH
Steel VINA Corporation (SeAH VINA) and Vietnam Haiphong Hongyuan
Machinery Manufactory Co., Ltd. (Vietnam Haiphong) as the mandatory
respondents in these circumvention inquiries.\3\ For a complete
description of the events that followed the initiation of these
inquiries, see the Preliminary Decision Memoranda.\4\
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\1\ See Certain Circular Welded Carbon Steel Pipes and Tubes
from Taiwan: Antidumping Duty Order, 49 FR 19369 (May 7, 1984); see
also Notice of Antidumping Duty Order: Circular Welded Non-Alloy
Steel Pipe from Taiwan, 57 FR 49454 (November 2, 1992)
(collectively, Orders).
\2\ See Circular Welded Carbon Quality Steel Pipe from the
People's Republic of China; Certain Circular Welded Non Alloy Steel
Pipe from the Republic of Korea; Certain Welded Carbon Steel
Standard Pipes and Tubes from India; Certain Circular Welded Carbon
Steel Pipes and Tubes from Taiwan; Certain Circular Welded Non-Alloy
Steel Pipe from Taiwan; Light-Walled Rectangular Pipe and Tube from
the People's Republic of China; Light Walled Rectangular Pipe and
Tube from the Republic of Korea; Light Walled Welded Rectangular
Carbon Steel Tubing from Taiwan: Initiation of Circumvention
Inquiries on the Antidumping and Countervailing Duty Orders, 87 FR
47711 (August 4, 2022).
\3\ See Memoranda, ``Respondent Selection,'' dated August 30,
2022.
\4\ See Memoranda, ``Preliminary Decision Memorandum for the
Circumvention Inquiry 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; and
``Preliminary Decision Memorandum for the Circumvention Inquiry of
the Antidumping Duty Order on Circular Welded Non-Alloy Steel Pipe
from Taiwan,'' dated concurrently with, and hereby adopted by, this
notice (collectively, Preliminary Decision Memoranda).
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Scope of the Orders
The products covered by these Orders are pipe and tube from Taiwan
and CWP from Taiwan. For a complete description of the scope of the
Orders, see each respective Preliminary Decision Memorandum.
Merchandise Subject to the Circumvention Inquiries
These circumvention inquiries cover pipe and tube and CWP completed
in Vietnam using Taiwan-origin HRS and subsequently exported from
Vietnam to the United States.
Methodology
Commerce is conducting these circumvention inquiries in accordance
with section 781(b) of the Act and 19 CFR 351.226. For a full
description of the methodology underlying Commerce's preliminary
determinations, see the Preliminary Decision Memoranda. A list of
topics discussed in each Preliminary Decision Memorandum is included as
an appendix to this notice. The Preliminary Decision Memoranda are
public documents and are 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, complete versions of the
Preliminary Decision Memoranda can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Preliminary Determinations of No Shipments
As detailed in the Preliminary Decision Memoranda, Commerce
preliminarily determines that SeAH VINA and Vietnam Haiphong did not
complete pipe and tube and CWP using Taiwanese HRS in Vietnam, nor did
they export pipe and tube or CWP incorporating Taiwan HRS to the United
States during the period of inquiry. Accordingly, Commerce is making
negative preliminary findings of circumvention of the Orders on a
country-wide basis.
Verification
As provided in 19 CFR 351.307, Commerce may verify information
relied upon in making its final determinations.
Public Comment
Because Commerce intends to conduct verification, a timeline for
the submission of case briefs and written comments will be provided to
interested parties at a later date.\5\ Rebuttal briefs, limited to
issues raised in case briefs, may be filed no later than seven days
after the date for filing case briefs.\6\ Pursuant to 19 CFR
351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal
briefs in these proceedings 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.
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\5\ See 19 CFR 351.309(c). Interested parties will be notified
through ACCESS regarding the deadline for submitting case briefs.
\6\ See 19 CFR 351.309(d)(1).
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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. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing at a time and date to be
determined.
All submissions should be filed electronically via ACCESS.\7\
Alternative arrangements for manual filings must be made by contacting
the official in charge
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at least 72 hours before the deadline. Note that Commerce has
temporarily modified certain of its requirements for serving documents
containing business proprietary information, until further notice.\8\
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\7\ See 19 CFR 351.303.
\8\ 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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Notification to Interested Parties
This determination is issued and published in accordance with
section 781(b) of the Act and 19 CFR 351.226(g)(1).
Dated: April 6, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memoranda
I. Summary
II. Background
III. Scope of the Order
IV. Merchandise Subject to the Circumvention Inquiry
V. Period of Circumvention Inquiry
VI. Statutory and Regulatory Framework for Circumvention Inquiry
VII. Preliminary Circumvention Determination
VIII. Verification
IX. Recommendation
[FR Doc. 2023-07709 Filed 4-11-23; 8:45 am]
BILLING CODE 3510-DS-P