[Federal Register Volume 88, Number 84 (Tuesday, May 2, 2023)]
[Notices]
[Pages 27444-27445]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09224]


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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; 2021-2022

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

SUMMARY: The U.S Department of Commerce (Commerce) is conducting the 
administrative review of the antidumping duty order on light-walled 
rectangular pipe and tube (LWRPT) from the People's Republic of China 
(China). The period of review (POR) is August 1, 2021, through July 31, 
2022. Commerce preliminarily determines that Hangzhou Ailong Metal 
Product Co., Ltd. (Ailong) failed to establish its eligibility for a 
separate rate and, therefore, is part of the China-wide entity. We 
invite interested parties to comment on these preliminary results.

DATES: Applicable May 2, 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 August 2, 2022, Commerce published in the Federal Register a 
notice of opportunity to request an administrative review of the 
antidumping duty order on LWRPT from China \1\ for the POR.\2\ On 
August 31, 2022, Home Depot U.S.A., Inc. (THD), a U.S. importer of 
LWRPT from China, requested a review of Ailong, a producer and exporter 
of subject merchandise.\3\ Subsequently, we initiated an administrative 
review of the Order with respect to Ailong.\4\
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    \1\ 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).
    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review and Join Annual Inquiry Service List, 87 FR 47187 (August 2, 
2022).
    \3\ See Home Depot U.S.A., Inc.'s Letter, ``Request for 
Administrative Review,'' dated August 31, 2022.
    \4\ Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 61278 (October 11, 2022). (Initiation 
Notice).
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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. The 
term carbon-quality steel includes both carbon steel and alloy steel 
which contains only small amounts of alloying elements. Specifically, 
the term carbon-quality includes products in which none of the elements 
listed below exceeds the quantity by weight respectively indicated: 
1.80 percent of manganese, or 2.25 percent of silicon, or 1.00 percent 
of copper, or 0.50 percent of aluminum, or 1.25 percent of chromium, or 
0.30 percent of cobalt, or 0.40 percent of lead, or 1.25 percent of 
nickel, or 0.30 percent of tungsten, or 0.10 percent of molybdenum, or 
0.10 percent of niobium, or 0.15 percent vanadium, or 0.15 percent of 
zirconium. The description of carbon-quality is intended to identify 
carbon-quality products within the scope. The welded carbon-quality 
rectangular pipe and tube subject to this Order is currently classified 
under the Harmonized Tariff Schedule of the United States (HTSUS) 
subheadings 7306.61.50.00 and 7306.61.70.60. While HTSUS subheadings 
are provided for convenience and CBP's customs purposes, our written 
description of the scope of the Order is dispositive.

Methodology

    Commerce is conducting this administrative review in accordance 
with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the 
Act), and 19 CFR 351.213.

China-Wide Entity

    Commerce no longer considers the non-market economy (NME) entity as 
an exporter conditionally subject to an antidumping duty administrative 
review.\5\ Accordingly, the NME entity will not be under review unless 
Commerce specifically receives a request for, or self-initiates, a 
review of the NME entity. In this administrative review, no party 
requested a review of the China-wide entity and we have not self-
initiated a review of the China-wide entity. Because we are not 
conducting a review of the China-wide entity, the China-wide entity's 
entries are not subject to the review, and the rate applicable to the 
China-wide entity is not subject to change as a result of this review. 
The weighted-average dumping margin previously determined for the 
China-wide entity is 255.07 percent.\6\
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    \5\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Non-Market Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963, 65970 (November 4, 
2013).
    \6\ See Order, 73 FR 45403; see also Implementation of 
Determinations Under Section 129 of the Uruguay Round Agreements 
Act: Certain New Pneumatic Off-the-Road Tires; Circular Welded 
Carbon Quality Steel Pipe; Laminated Woven Sacks; and Light-Walled 
Rectangular Pipe and Tube from the People's Republic of China, 77 FR 
52683 (August 30, 2012).
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Preliminary Results of Review

    The deadline for Ailong to submit a no-shipment certification, 
separate rate application (SRA), or separate rate certification (SRC) 
was November 10, 2022.\7\ Ailong, the only company under review, did 
not submit an SRA or SRC. Thus, Commerce preliminarily determines that 
Ailong has not demonstrated its eligibility for a separate rate and, 
therefore, Ailong is part of the China-wide entity and subject to the 
China-wide rate of 255.07 percent.
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    \7\ See Initiation Notice, 87 FR 61278 (``If a producer or 
exporter named in this notice of initiation had no exports, sales, 
or entries during {POR{time} , it must notify Commerce within 30 
days of publication of this notice in the Federal Register . . . 
Separate Rate Applications are due to Commerce no later than 30 
calendar days after publication of this Federal Register notice.''). 
Thirty calendar days after the Initiation Notice published was 
November 10, 2022.
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Public Comment

    Interested parties are invited to comment on the preliminary 
results and may submit case briefs or written comments, filed 
electronically via Enforcement and Compliance's Antidumping Duty and 
Countervailing Duty Centralized Electronic Service System (ACCESS), 
within 30 days after the date of publication of these preliminary 
results of review.\8\ ACCESS is available to registered users at 
https://access.trade.gov. Rebuttal briefs, limited to issues raised in 
the case briefs, must be filed within seven days after the time limit 
for filing case briefs.\9\ Parties who submit case or rebuttal briefs 
in this proceeding are requested to submit with each argument a 
statement of the issue, a brief summary of the argument, and a

[[Page 27445]]

table of authorities.\10\ Note that Commerce has temporarily modified 
certain portions of its requirements for serving documents containing 
business proprietary information, until further notice.\11\
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    \8\ See 19 CFR 351.309(c)(1)(ii).
    \9\ See 19 CFR 351.309(d)(1) and (2); see also Temporary Rule 
Modifying AD/CVD Service Requirements Due to COVID-19; Extension of 
Effective Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
    \10\ See 19 CFR 351.309(c) and (d); see also 19 CFR 351.303 (for 
general filing requirements).
    \11\ See Temporary Rule, 85 FR at 41363.
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    Interested parties who wish to request a hearing, or to participate 
if one is requested, must submit a written request to the Assistant 
Secretary for Enforcement and Compliance within 30 days of the date of 
publication of this notice.\12\ 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. Issues raised 
in the hearing will be limited to those raised in the respective case 
and rebuttal briefs. If a request for a hearing is made, parties will 
be notified of the time and date for a hearing to be held.\13\ Commerce 
intends to issue the final results of this administrative review, which 
will include the results of our analysis of all issues raised in the 
case briefs, within 120 days of publication of these preliminary 
results in the Federal Register, unless extended, pursuant to section 
751(a)(3)(A) of the Act.
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    \12\ See 19 CFR 351.310(c).
    \13\ See 19 CFR 310(d).
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Assessment Rates

    Upon issuance of the final results of this review, Commerce will 
determine, and CBP will assess, antidumping duties on all appropriate 
entries covered by this review.\14\ We intend to instruct CBP to 
liquidate entries of subject merchandise exported by Ailong, if we 
continue to determine in the final results Ailong to be part of the 
China-wide entity, at the China-wide entity rate of 255.07 percent.\15\
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    \14\ See 19 CFR 351.212(b)(1).
    \15\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
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    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).

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review 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 review, as provided for by section 751(a)(2)(C) of the 
Act: (1) for Ailong, if it is found to not be eligible for a separate 
rate in the final results of review, then its cash deposit rate will be 
the rate applicable for the China-wide entity; (2) for previously 
investigated or reviewed Chinese and non-Chinese exporters who are not 
under review in this segment of the proceeding but who have separate 
rates, the cash deposit rate will continue to be the exporter specific 
rate published for the most recent period; (3) for all Chinese 
exporters of subject merchandise that have not been found to be 
entitled to a separate rate, the cash deposit rate will be the China-
wide rate of 255.07 percent; and (4) for all non-Chinese exporters of 
subject merchandise which have not received their own rate, the cash 
deposit rate will be the rate applicable to Chinese exporter(s) that 
supplied that non-Chinese 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, and/or an increase in the amount of antidumping duties by the 
amount of the countervailing duties.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4).

    Dated: April 25, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-09224 Filed 5-1-23; 8:45 am]
BILLING CODE 3510-DS-P