[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