[Federal Register Volume 88, Number 230 (Friday, December 1, 2023)]
[Notices]
[Pages 83921-83923]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26471]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-803]


Light-Walled Welded Rectangular Carbon Steel Tubing From Taiwan: 
Rescission of Antidumping Duty Administrative Review; 2022-2023

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

SUMMARY: The U.S. Department of Commerce (Commerce) is rescinding the 
administrative review of the antidumping duty (AD) order on light-
walled welded rectangular carbon steel tubing (LWRT) from Taiwan for 
the period of review (POR) March 1, 2022, through February 28, 2023.

DATES: Applicable December 1, 2023.

FOR FURTHER INFORMATION CONTACT: Thomas Schauer, AD/CVD Operations, 
Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-0410.

SUPPLEMENTARY INFORMATION:

[[Page 83922]]

Background

    On March 27, 1989, Commerce published in the Federal Register an AD 
order on LWRT from Taiwan.\1\ On March 2, 2023, we published in the 
Federal Register a notice of opportunity to request an administrative 
review of the Order.\2\ On May 9, 2023, based on a timely request for 
an administrative review, Commerce initiated this administrative review 
with respect to one company, Hoa Phat Steel Pipe Company Limited (Hoa 
Phat).\3\
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    \1\ See Antidumping Duty Order; Light-Walled Welded Rectangular 
Carbon Steel Tubing From Taiwan, 54 FR 12467 (March 27, 1989) 
(Order).
    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review and Join Annual Inquiry Service List, 88 FR 13091 (March 2, 
2023).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 29881, 29884 (May 9, 2023).
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    On May 17, 2023, we placed on the record U.S. Customs and Border 
Protection (CBP) data for entries of LWRT from Taiwan during the POR, 
showing no suspended entries, and invited interested parties to comment 
on the CBP data.\4\ No interested party submitted comments to Commerce. 
On June 8, 2023, Hoa Phat submitted a certification that it had no 
exports, sales, or entries during the POR.\5\
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    \4\ See Memorandum, ``U.S. Customs and Border Protection Data 
Release,'' dated May 17, 2023.
    \5\ See Hoa Phat's Letter, ``Notice of No Sale,'' dated June 8, 
2023.
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    On October 2, 2023, Commerce notified all interested parties of its 
intent to rescind the review in full because there were no suspended 
entries by any of the companies subject to this review during the POR 
and invited interested parties to comment on Commerce's intent to 
rescind.\6\ On October 10, 2023, Hoa Phat submitted comments regarding 
Commerce's intent to rescind the review.\7\ No other interested parties 
commented on the Intend to Rescind Memorandum.
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    \6\ See Memorandum, ``Intent to Rescind Review,'' dated October 
2, 2023.
    \7\ See Hoa Phat's Letter, ``Comment on Intent to Rescind the 
Review,'' dated October 10, 2023.
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Interested-Party Comment

    Hoa Phat argues that Commerce should grant Hoa Phat the right to 
properly certify the origin of the hot-rolled steel used to produce the 
LWRT exported to the United States during the POR for both past and 
future entries.\8\ Hoa Phat contends that it requested an 
administrative review here so that Commerce could determine whether any 
of Hoa Phat's exports were, in fact, subject to the Order, and to 
reconsider Hoa Phat's eligibility for the hot-rolled steel 
certification process.\9\ According to Hoa Phat, Commerce has 
previously explained that an administrative review is its preferred 
mechanism for reconsidering certification eligibility.\10\ Hoa Phat 
asserts that, for Commerce to have expressed a preferred path for 
reconsideration of certification eligibility but then to deny that 
mechanism for reconsideration to Hoa Phat would be inconsistent with 
its stated practice and an abuse of discretion.\11\
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    \8\ Id. at 1-2.
    \9\ Id. at 2.
    \10\ Id. at 3-4 (citing, e.g., Antidumping and Countervailing 
Duty Orders on Crystalline Silicon Photovoltaic Cells, Whether or 
Not Assembled Into Modules, from the People's Republic of China: 
Final Scope Determination and Final Affirmative Determinations of 
Circumvention With Respect to Cambodia, Malaysia, Thailand, and 
Vietnam, 88 FR 57419 (August 23, 2023), and accompanying Vietnam 
Issues and Decision Memorandum (IDM) at Comment 19; and Certain 
Hardwood Plywood Products from the People's Republic of China: Final 
Scope Determination and Affirmative Final Determination of 
Circumvention of the Antidumping and Countervailing Duty Orders, 88 
FR 46470 (July 20, 2023), and accompanying IDM at Comment 13, 
Subsection, ``Reconsidering Certification Eligibility'').
    \11\ Id. at 4.
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    We disagree with Hoa Phat. In LWRT Tubing Circumvention Final, we 
stated that, ``{b{time} ecause entries of LWR tubing produced or 
exported by Hoa Phat currently must be entered as subject to the cash 
deposit rates established under the LWRPT China Orders pursuant to 
Commerce's {preliminary determination{time} , Hoa Phat, or any other 
interested party with standing to request a review of Hoa Phat's 
entries may request an administrative review of its entries under the 
LWRPT China Orders.'' \12\ Thus, the proper venue for Commerce to 
reconsider Hoa Phat's certification eligibility is in the context of 
administrative reviews of the LWRPT China Orders. In fact, Commerce 
initiated an administrative review of Hoa Phat on each of the LWRPT 
China Orders.\13\
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    \12\ See Light-Walled Welded Rectangular Carbon Steel Tubing 
from Taiwan: Final Affirmative Determination of Circumvention of the 
Antidumping Duty Order, 88 FR 77274 (November 9, 2023) (LWRT Tubing 
Circumvention Final), and accompanying IDM at Comment 5 (citing 
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); and Light-Walled 
Rectangular Pipe and Tube from the People's Republic of China: 
Notice of Countervailing Duty Order, 73 FR 45405 (August 5, 2008) 
(collectively, LWRPT China Orders)).
    \13\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 71829, 71835, 71837 (October 18, 
2023).
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    Accordingly, we are rescinding this review because there are no 
suspended entries during the POR for any of the companies for which 
this review has been initiated. Further, Hoa Phat's opportunity to 
request that Commerce reconsider its eligibility to certify the origin 
of the hot-rolled steel which it used to produce LWRPT, as provided for 
in the LWRT Tubing Circumvention Final, has not been abrogated, and Hoa 
Phat's eligibility to certify will be determined in the context of the 
LWRPT China Orders administrative reviews.

Rescission of Review

    Pursuant to 19 CFR 351.213(d)(3), it is Commerce's practice to 
rescind an administrative review of an AD order when there are no 
suspended entries during the POR for the companies for which the review 
was initiated.\14\ Normally, upon completion of an administrative 
review, the suspended entries are liquidated at the AD assessment rate 
calculated for the review period.\15\ Therefore, for an administrative 
review to be conducted, there must be at least one suspended entry for 
which Commerce can instruct CBP to liquidate at the AD assessment rate 
calculated for the review period.\16\ As noted above, there were no 
suspended entries for any of the companies subject to this review 
during the POR. Accordingly, in the absence of suspended entries during 
the POR, we are hereby rescinding this administrative review, in its 
entirety, in accordance with 19 CFR 351.213(d)(3).
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    \14\ See, e.g., Dioctyl Terephthalate from the Republic of 
Korea: Rescission of Antidumping Administrative Review; 2021-2022, 
88 FR 24758 (April 24, 2023); see also Certain Carbon and Alloy 
Steel Cut- to Length Plate from the Federal Republic of Germany: 
Recission of Antidumping Administrative Review; 2020-2021, 88 FR 
4157 (January 24, 2023).
    \15\ See 19 CFR 351.212(b)(1).
    \16\ See 19 CFR 351.213(d)(3).
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Assessment

    Commerce will instruct CBP to assess antidumping duties on all 
appropriate entries. Antidumping duties shall be assessed at rates 
equal to the cash deposit rate of estimated antidumping duties required 
at the time of entry, or withdrawal from warehouse, for consumption, in 
accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue 
assessment instructions to CBP no earlier than 35 days after the date 
of publication of this rescission notice in the Federal Register.

Notification Regarding Administrative Protective Order

    This notice serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information

[[Page 83923]]

disclosed under APO in accordance with 19 CFR 351.305(a)(3). 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 violation subject 
to sanction.

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4).

    Dated: November 28, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2023-26471 Filed 11-30-23; 8:45 am]
BILLING CODE 3510-DS-P