[Federal Register Volume 88, Number 152 (Wednesday, August 9, 2023)]
[Notices]
[Pages 53864-53866]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17088]
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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 Final
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) 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.
[[Page 53865]]
DATES: Applicable August 9, 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 April 12, 2023, Commerce published in the Federal Register its
preliminary determinations \1\ that imports of pipe and tube and CWP
were not completed in Vietnam using HRS manufactured in Taiwan, and,
therefore, are not circumventing the AD orders on pipe and tube and CWP
from Taiwan.\2\ Pursuant to section 781(e) of the Tariff Act of 1930,
as amended (the Act), on April 7, 2023, we notified the U.S.
International Trade Commission (ITC) of our negative preliminary
determinations of circumvention of the Orders.\3\ The ITC did not
request consultations with Commerce.
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\1\ See 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, 88 FR 22007 (April 12, 2023) (Preliminary
Determinations), and accompanying Preliminary Decision Memorandum.
\2\ 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).
\3\ See Commerce's Letter, ``Notification of Affirmative and
Negative Preliminary Determinations of Circumvention of the
Antidumping and Countervailing Duty Orders,'' dated April 7, 2023.
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Between May 3 and 10, 2023, we conducted verification in Vietnam of
the information reported by SeAH Steel Vina Corporation (SeAH VINA) and
Vietnam Haiphong Hongyuan Machinery Manufactory Co., Ltd. (Vietnam
Haiphong).\4\ In May and June 2023, we received comments in response to
the Preliminary Determinations.\5\ On May 15, 2023, Commerce extended
the deadline for the final determinations of these circumvention
inquiries to August 4, 2023.\6\
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\4\ See Memoranda, ``Verification of Vietnam Haiphong Hongyuan
Machinery Manufactory Co., Ltd.,'' dated June 2, 2023; and
``Verification of SeAH Steel VINA Corporation,'' dated June 5, 2023.
\5\ See Vina One Steel Manufacturing Corporation (Vina One) and
Hoa Sen Group (HSG)'s Letter, ``Letter in Lieu of Set 1 Case
Brief,'' dated May 4, 2023; see also Vietnam Haiphong's Letter,
``Vietnam Haiphong Hongyuan Machinery Co., Ltd.'s Case Brief (First
Tranche),'' dated May 4, 2023; Domestic Interested Parties' Letter,
``Letter in lieu of First Case Brief,'' dated May 4, 2023; SeAH
VINA's Letter, ``Letter in Lieu of First Case Brief,'' dated May 11,
2023; Vietnam Haiphong's Letter, ``Vietnam Haiphong Hongyuan
Machinery Co., Ltd.'s Rebuttal Brief (First Tranche),'' dated May
11, 2023; Domestic Interested Parties' Letter, ``Domestic Interested
Parties' Rebuttal Brief,'' dated May 11, 2023; Vina One, HSG, and
Hoa Phat Steel Pipe Co Ltd.'s (Hoa Phat) Letter, ``Letter in Lieu of
Set Two Case Brief,'' dated June 1, 2023; Vina One, HSG, and Hoa
Phat's Letter, ``Letter in Lieu of Case Brief,'' dated June 14,
2023; SeAH VINA's Letter, ``Letter in Lieu of Second Case Brief of
SeAH VINA,'' dated June 14, 2023 (SeAH VINA's Comments); and
Domestic Interested Parties' Letter, ``Rebuttal Comments to Second
Case Brief of SeAH VINA,'' dated June 21, 2023. The domestic
interested parties are Bull Moose Tube Company, Maruichi American
Corporation, Nucor Tubular Products Inc., Wheatland Tube Company,
and the United Steel, Paper and Forestry, Rubber, Manufacturing,
Energy, Allied Industrial and Service Workers International Union,
AFL-CIO, CLC (collectively, Domestic Interested Parties).
\6\ See Memorandum, ``Extension of Deadline for Issuing Final
Determinations in Circumvention Inquiries,'' dated May 15, 2023.
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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 the appendices to this notice.
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.
Analysis of Comments Received
Commerce received no comments objecting to our findings in the
Preliminary Determinations with regard to its analysis under the
circumvention factors of section 781(b) of the Act. Accordingly,
Commerce made no changes to its Preliminary Determinations and no
decision memorandum accompanies this Federal Register notice. For a
complete description of our analysis, see the Preliminary
Determinations.
However, SeAH VINA commented that we inappropriately initiated
these inquiries, despite negative determinations concerning SeAH VINA
in earlier, separate proceedings.\7\ Because we are making negative
findings of circumvention, and we are not establishing a certification
program as a result of our findings, we find it unnecessary to address
SeAH VINA's argument.
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\7\ See SeAH VINA's Comments at 2. SeAH VINA submitted similar
comments in the initiation phase of these inquiries, which we
considered at the time of initiation of these inquiries. We
determined at that time that the concerns raised by SeAH VINA did
not preclude Commerce from initiating these circumvention inquiries.
In light of these final negative circumvention determinations, SeAH
VINA's comments are without effect. See also 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), and
accompanying Initiation Decision Memorandum at 12; and SeAH VINA's
Letter, ``Comments in Opposition to Initiation of Anticircumvention
Inquiries,'' dated June 2, 2022.
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Final Negative Determinations of No Shipments
As detailed in the Preliminary Determinations, Commerce 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 findings of
circumvention of the Orders on a country-wide basis.
Suspension of Liquidation
Pursuant to 19 CFR 351.226(l)(4), Commerce will order U.S. Customs
and Border Protection to terminate the suspension of liquidation and
refund cash deposits for any imports of inquiry merchandise that are
suspended under the case number applicable to these proceedings (i.e.,
A-583-008 and A-583-814).
Administrative Protective Order
This notice will serve as the only reminder to all parties subject
to an administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return/destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is a sanctionable violation.
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)(2).
[[Page 53866]]
Dated: August 3, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Antidumping Duty Order on Certain Circular Welded Carbon
Steel Pipes and Tubes From Taiwan (A-583-008)
The merchandise subject to the order is certain circular welded
carbon steel pipes and tubes from Taiwan, which are defined as:
welded carbon steel pipes and tubes, of circular cross section, with
walls not thinner than 0.065 inch, and 0.375 inch or more but not
over 4.5 inches in outside diameter, currently classified under
Harmonized Tariff Schedule of the United States (HTSUS) item numbers
7306.30.5025, 7306.30.5032, 7306.30.5040, and 7306.30.5055. Although
the HTSUS subheadings are provided for convenience and customs
purposes, the written description of the merchandise under the order
is dispositive.
Appendix II
Scope of the Antidumping Duty Order on Circular Welded Non-Alloy Steel
Pipe From Taiwan (A-583-814)
The products covered by this order are (1) circular welded non-
alloy steel pipes and tubes, of circular cross section over 114.3
millimeters (4.5 inches), but not over 406.4 millimeters (16 inches)
in outside diameter, with a wall thickness of 1.65 millimeters
(0.065 inches) or more, regardless of surface finish (black,
galvanized, or painted), or end-finish (plain end, beveled end,
threaded, or threaded and coupled); and (2) circular welded non-
alloy steel pipes and tubes, of circular cross-section less than
406.4 millimeters (16 inches), with a wall thickness of less than
1.65 millimeters (0.065 inches), regardless of surface finish
(black, galvanized, or painted) or end-finish (plain end, beveled
end, threaded, or threaded and coupled). These pipes and tubes are
generally known as standard pipes and tubes and are intended for the
low pressure conveyance of water, steam, natural gas, air, and other
liquids and gases in plumbing and heating systems, air conditioning
units, automatic sprinkling systems, and other related uses, and
generally meet ASTM A-53 specifications. Standard pipe may also be
used for light-loadbearing applications, such as for fence-tubing
and as structural pipe tubing used for framing and support members
for construction, or load-bearing purposes in the construction,
shipbuilding, trucking, farm-equipment, and related industries.
Unfinished conduit pipe is also included in this order.
All carbon steel pipes and tubes within the physical description
outlined above are included within the scope of this order, except
line pipe, oil country tubular goods, boiler tubing, mechanical
tubing, pipe and tube hollows for redraws, finished scaffolding, and
finished conduit. Standard pipe that is dual or triple certified/
stenciled that enters the U.S. as line pipe of a kind or used for
oil and gas pipelines is also not included in this investigation.
Imports of the products covered by this order are currently
classifiable under the following Harmonized Tariff Schedule (HTS)
subheadings, 7306.30.10.00, 7306.30.50.25, 7306.30.50.32,
7306.30.50.40, 7306.30.50.55, 7306.30.50.85, 7306.30.50.90. Although
the HTS subheadings are provided for convenience and customs
purposes, our written description of the scope of this order is
dispositive.
[FR Doc. 2023-17088 Filed 8-8-23; 8:45 am]
BILLING CODE 3510-DS-P