[Federal Register Volume 89, Number 15 (Tuesday, January 23, 2024)]
[Notices]
[Pages 4275-4276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01148]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-859]


Light-Walled Rectangular Pipe and Tube From the Republic of 
Korea: 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 rectangular pipe and tube (LWRPT) from the Republic of Korea 
(Korea) for the period of review (POR) August 1, 2022, through July 31, 
2023.

DATES: Applicable January 23, 2024.

FOR FURTHER INFORMATION CONTACT: Carolyn Adie, AD/CVD Operations, 
Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-6250.

SUPPLEMENTARY INFORMATION:

Background

    On August 5, 2008, Commerce published in the Federal Register an AD 
order on LWRPT from Korea.\1\ On August 2, 2023, we published in the 
Federal Register a notice of opportunity to request an administrative 
review of the Order.\2\ On October 18, 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 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) (LWRPT from Korea 
Order, or 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 50840 (August 2, 
2023).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 71829, 71831 (October 18, 2023).
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    On November 15, 2023, Hoa Phat submitted a letter notifying 
Commerce that it had no exports, sales, or entries

[[Page 4276]]

during the POR, and requesting that Commerce rescind this 
administrative review.\4\ On November 30, 2023, we placed on the record 
the results of a data query from U.S. Customs and Border Protection 
(CBP) indicating no suspended entries during the POR attributed to Hoa 
Phat.\5\ No interested party submitted comments to Commerce.
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    \4\ See Hoa Phat's Letter, ``No Shipment Letter,'' dated 
November 15, 2023 (Hoa Phat's No Shipment Letter).
    \5\ See Memorandum, ``Placement on the Record of Results of 
Inquiry to U.S. Customs and Border Protection,'' dated November 30, 
2023.
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    On December 11, 2023, Commerce notified all interested parties of 
its intent to rescind the review in full because there were no 
suspended entries by the company subject to this review during the POR 
and invited interested parties to comment on Commerce's intent to 
rescind.\6\ No interested parties commented on the Intend to Rescind 
Memorandum.
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    \6\ See Memorandum, ``Intent to Rescind Review,'' dated December 
11, 2023.
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Interested-Party Comment

    In Hoa Phat's No Shipment Letter, Hoa Phat argues that none of the 
entries of LWRPT manufactured by Hoa Phat are included in the scope of 
this administrative review because all of the hot-rolled steel (HRS) 
used to produce the LWRPT that Hoa Phat exported to the United States 
that entered U.S. customs territory on or after August 4, 2022 was 
produced in Vietnam, not Korea.\7\ 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.\8\ Hoa 
Phat argues that Commerce should find that none of the exports by Hoa 
Phat during this period of review were produced with HRS from the 
People's Republic of China (China), Korea, or Taiwan.\9\ Hoa Phat 
additionally argues that Commerce should find that Hoa Phat and its 
customers are entitled to certify the origin of the HRS in the LWRPT 
exported to the United States by Hoa Phat.\10\
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    \7\ See Hoa Phat's No Shipment Letter at 2.
    \8\ Id. at 1-2.
    \9\ Id. at 3.
    \10\ Id.
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    In LWRPT Circumvention Final, we stated that, ``{b{time} ecause 
entries of LWRPT 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.'' 
\11\ 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 in each of the LWRPT China 
Orders.\12\
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    \11\ See Light-Walled Rectangular Pipe and Tube from the 
Republic of Korea: Final Affirmative Determination of Circumvention 
of the Antidumping Duty Order, 88 FR 77266 (November 9, 2023) (LWRPT 
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)).
    \12\ 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 the company for which this review 
has been initiated. Further, pursuant to the LWRPT Circumvention Final, 
no entry of LWRPT produced by Hoa Phat in Vietnam would be entered 
subject to the LWRPT from Korea Order without the completion of 
administrative reviews under the LWRPT China Orders. 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.\13\ Normally, upon completion of an administrative 
review, the suspended entries are liquidated at the AD assessment rate 
calculated for the POR.\14\ 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 POR.\15\ As noted above, there were no suspended 
entries for the company 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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    \13\ 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).
    \14\ See 19 CFR 351.212(b)(1).
    \15\ 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 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 Tariff Act of 1930, as amended, and 19 
CFR 351.213(d)(4).

    Dated: January 17, 2024.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2024-01148 Filed 1-22-24; 8:45 am]
BILLING CODE 3510-DS-P