[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]
-----------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\6\ See Memorandum, ``Intent to Rescind Review,'' dated December
11, 2023.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\7\ See Hoa Phat's No Shipment Letter at 2.
\8\ Id. at 1-2.
\9\ Id. at 3.
\10\ Id.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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).
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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