[Federal Register Volume 89, Number 156 (Tuesday, August 13, 2024)]
[Notices]
[Pages 65849-65852]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17997]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-816]


Welded Stainless Steel Pressure Pipe From the Socialist Republic 
of Vietnam: Preliminary Results 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) preliminarily 
determines that Sonha SSP Vietnam Sole Member Company Limited (Sonha 
SSP) and Vinlong Stainless Steel (Vietnam) Co., Ltd. (Vinlong) sold 
subject merchandise to the United States at less than normal value (NV) 
during the period of review (POR) July 1, 2022, through June 30, 2023.

DATES: Applicable August 13, 2024.

FOR FURTHER INFORMATION CONTACT: Luke Caruso or Maisha Cryor, AD/CVD 
Operations, Office IV, Enforcement and

[[Page 65850]]

Compliance, International Trade Administration, U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: 
(202) 482-2081 or (202) 482-5831, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 21, 2014, Commerce published in the Federal Register the 
antidumping duty (AD) order on welded stainless steel pressure pipe 
(welded pressure pipe) from Socialist Republic of Vietnam (Vietnam). On 
July 3, 2023, Commerce published in the Federal Register a notice of 
opportunity to request an administrative review of the Order.\1\
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    \1\ See Welded Stainless Pressure Pipe from Malaysia, Thailand, 
and the Socialist Republic of Vietnam: Antidumping Duty Orders, 79 
FR 42289 (July 21, 2014) (Order); and Antidumping or Countervailing 
Duty Order, Finding, or Suspended Investigation; Opportunity To 
Request Administrative Review and Join Annual Inquiry Service List, 
87 FR 39461 (July 3, 2023).
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    On September 11, 2023, Commerce published in the Federal Register 
the initiation notice of an administrative review of the AD Order on 
welded pressure pipe from Vietnam.\2\ Commerce selected Sonha SSP and 
Vinlong as mandatory respondents in this administrative review.\3\ On 
March 8, 2024, Commerce extended the deadline for these preliminary 
results to July 30, 2024.\4\ On July 22, 2024, Commerce tolled certain 
deadlines in this administrative proceeding by seven days.\5\ The 
deadline for these preliminary results is now August 6, 2024. For a 
complete description of the events that followed the initiation of this 
administrative review, see the Preliminary Decision Memorandum.\6\
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    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 62322 (September 11, 2023) (Initiation 
Notice).
    \3\ See Memorandum, ``Respondent Selection,'' dated November 27, 
2023.
    \4\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated March 8, 
2024.
    \5\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.
    \6\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Antidumping Duty Administrative Review: Welded 
Stainless Steel Pressure Pipe from the Socialist Republic of 
Vietnam, 2022-2023,'' dated concurrently with, and hereby adopted 
by, this notice (Preliminary Decision Memorandum).
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Scope of the Order

    The merchandise covered by this Order is circular welded austenitic 
stainless pressure pipe not greater than 14 inches in outside diameter. 
A full description of the scope of the Order is contained in the 
Preliminary Decision Memorandum.\7\
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    \7\ Id.
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Vietnam-Wide Entity

    Under Commerce's policy regarding the conditional review of the 
Vietnam-wide entity,\8\ the Vietnam-wide entity will not be under 
review unless a party specifically requests, or Commerce self-
initiates, a review of the entity. Because no party requested a review 
of the Vietnam-wide entity in this review, the entity is not under 
review, and the entity's rate (i.e., 16.25) is not subject to 
change.\9\
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    \8\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
    \9\ See Order.
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    With the exception of Sonha SSP and Vinlong, Commerce considers all 
other companies for which a review was requested and did not 
demonstrate separate rate eligibility to be part of the Vietnam-wide 
entity.\10\ For these preliminary results, we consider Mejonson 
Industrial Vietnam Co., Ltd., to be part of the Vietnam-wide entity 
because it did not file a separate rate application or certification. 
For additional information, see the Preliminary Decision Memorandum.
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    \10\ See Initiation Notice.
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Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). We 
calculated export price in accordance with section 772 of the Act. 
Because Vietnam is a non-market economy country within the meaning of 
section 771(18) of the Act, we calculated NV in accordance with section 
773(c) of the Act. For a full description of the methodology underlying 
our conclusions, see the Preliminary Decision Memorandum. The 
Preliminary Decision Memorandum is a public document and is on file 
electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at https://access.trade.gov. A 
list of topics discussed in the Preliminary Decision Memorandum is 
included in Appendix I of this notice. In addition, a complete version 
of the Preliminary Decision Memorandum can be found at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Preliminary Results of the Administrative Review

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margins exist for the administrative review 
covering the period July 1, 2022, through June 30, 2023:

------------------------------------------------------------------------
                                                       Weighted-average
                      Exporter                          dumping margin
                                                           (percent)
------------------------------------------------------------------------
Sonha SSP Vietnam Sole Member Company Limited/Sonha               144.51
 International Corporation \11\.....................
Vinlong Stainless Steel (Vietnam) Co., Ltd..........              144.51
Vietnam-wide Entity.................................               16.25
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Disclosure and Public Comment
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    \11\ We are treating these companies as a single entity for 
puposes of this review. For a complete discussion, see Memorandum, 
Affliation and Collapsing of Sonha International and 
Sonha SSP Vietnam Sole Member Company Limited, dated 
concurrently with this this memorandum.
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    We intend to disclose the calculations performed to parties within 
five days after public announcement of the preliminary results or, if 
there is no public announcement, within five days of the date of 
publication of this notice.\12\ Interested parties may submit case 
briefs no later than 30 days after the date of publication of this 
notice.\13\ Rebuttal briefs, limited to issues raised in the case 
briefs, may be filed not later than five days after the date for filing 
case briefs.\14\ Interested parties who submit case or rebuttal briefs 
in this

[[Page 65851]]

proceeding must subm it: (1) a table of contents listing each issue; 
and (2) a table of authorities.\15\
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    \12\ See 19 CFR 351.224(b).
    \13\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 (for 
general filing requirements).
    \14\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023) (APO and Service Procedures).
    \15\ See 19 CFR 351.309(c)(2) and (d)(2).
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    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings we have encouraged interested parties to provide an 
executive summary of their briefs that should be limited to five pages 
total, including footnotes. In this review, we instead request that 
interested parties provide at the beginning of their briefs a public, 
executive summary for each issue raised in their briefs.\16\ Further, 
we request that interested parties limit their public executive summary 
of each issue to no more than 450 words, not including citations. We 
intend to use the public executive summaries as the basis of the 
comment summaries included in the issues and decision memorandum that 
will accompany the final results in this administrative review. We 
request that interested parties include footnotes for relevant 
citations in the public executive summary of each issue. Note that 
Commerce has amended certain of its requirements pertaining to the 
service of documents in 19 CFR 351.303(f).\17\
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    \16\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \17\ See APO and Service Procedures.
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    Interested parties who wish to request a hearing must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance, filed electronically via ACCESS.\18\ Requests should 
contain: (1) the party's name, address, and telephone number; (2) the 
number of participants and whether any participant is a foreign 
national; and (3) a list of issues to be discussed. Issues raised in 
the hearing will be limited to those raised in case and rebuttal 
briefs.\19\ If a request for a hearing is made, Commerce intends to 
hold the hearing at a time and date to be determined. A hearing request 
must be filed electronically using ACCESS and received in its entirety 
by 5:00 p.m. Eastern Time within 30 days after the publication of this 
notice.
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    \18\ See 19 CFR 351.310(c).
    \19\ See 19 CFR 351.310.
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Final Results of Review

    Unless the deadline is extended, Commerce intends to issue the 
final results of this review, including the results of its analysis of 
the issues raised in any written briefs, no later than 120 days after 
the date of publication of this notice, pursuant to section 
751(a)(3)(A) of the Act and 19 CFR 351.213(h).

Assessment Rates

    Upon issuing the final results, Commerce will determine, and U.S. 
Customs and Border Protection (CBP) shall assess, antidumping duties on 
all appropriate entries covered by this review.\20\ Commerce intends to 
issue assessment instructions to CBP no earlier than 35 days after the 
date of publication of the final results of this review in the Federal 
Register. If a timely summons is filed at the U.S. Court of 
International Trade, the assessment instructions will direct CBP not to 
liquidate relevant entries until the time for parties to file a request 
for a statutory injunction has expired (i.e., within 90 days of 
publication).
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    \20\ See 19 CFR 351.212(b)(1).
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    For each individually examined respondent in this review whose 
weighted-average dumping margin in the final results of review is not 
zero or de minimis (i.e., less than 0.5 percent), Commerce intends to 
calculate importer/customer-specific assessment rates.\21\ Where the 
respondent reported reliable entered values, Commerce intends to 
calculate importer/customer-specific ad valorem assessment rates by 
aggregating the amount of dumping calculated for all U.S. sales to the 
importer/customer and dividing this amount by the total entered value 
of the merchandise sold to the importer/customer.\22\ Where the 
respondent did not report entered values, Commerce will calculate 
importer/customer-specific assessment rates by dividing the amount of 
dumping for reviewed sales to the importer/customer by the total 
quantity of those sales. Commerce will calculate an estimated ad 
valorem importer/customer-specific assessment rate to determine whether 
the per-unit assessment rate is de minimis; however, Commerce will use 
the per-unit assessment rate where entered values were not 
reported.\23\ Where an importer/customer-specific ad valorem assessment 
rate is not zero or de minimis, Commerce will instruct CBP to collect 
the appropriate duties at the time of liquidation. Where either the 
respondent's weighted average dumping margin is zero or de minimis, or 
an importer/customer-specific ad valorem assessment rate is zero or de 
minimis, Commerce will instruct CBP to liquidate appropriate entries 
without regard to antidumping duties.\24\
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    \21\ See Antidumping Proceedings: Calculation of the Weighted 
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012) 
(Final Modification).
    \22\ See 19 CFR 351.212(b)(1).
    \23\ Id.
    \24\ See Final Modifications, 77 FR at 8103.
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    Pursuant to Commerce's refinement to its practice, for sales that 
were not reported in the U.S. sales database submitted by a respondent 
individually examined during this review, Commerce will instruct CBP to 
liquidate the entry of such merchandise at the dumping margin assigned 
to the Vietnam-wide entity.\25\ For respondents not individually 
examined in this administrative review that qualified for a separate 
rate, the assessment rate will be equal to the weighted-average dumping 
margin assigned to the respondent in the final results of this 
review.\26\
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    \25\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
    \26\ See Drawn Stainless Steel Sinks from the People's Republic 
of China: Preliminary Results of the Antidumping Duty Administrative 
Review and Preliminary Determination of No Shipments: 2014-2015, 81 
FR 29528 (May 12, 2016), and accompanying PDM at 10-11, unchanged in 
Drawn Stainless Steel Sinks from the People's Republic of China: 
Final Results of Antidumping Duty Administrative Review; Final 
Determination of No Shipments; 2014-2015, 81 FR 54042 (August 15, 
2016).
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    Additionally, where Commerce determines that an exporter under 
review had no shipments of subject merchandise to the United States 
during the POR, any suspended entries of subject merchandise that 
entered under that exporter's CBP case number during the POR will be 
liquidated at the dumping margin assigned to the Vietnam-wide entity.
    In accordance with section 751(a)(2)(C) of the Act, the final 
results of this review shall be the basis for the assessment of 
antidumping duties on entries of merchandise covered by the final 
results of this review and for future deposits of estimated antidumping 
duties, where applicable.

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) for the exporters listed above, the cash 
deposit rate will be equal to the weighted-average dumping margins 
established in the final results of this review, except if the rate is 
de minimis, in which case the cash deposit rate will be zero; (2) for 
previously-examined Vietnamese and non-Vietnamese exporters not listed 
above that at the time of entry are eligible for a separate rate base 
on a prior completed segment of this proceeding, the cash deposit rate

[[Page 65852]]

will continue to the be the existing exporter-specific cash deposit 
rate; (3) for all non-Vietnamese exporters of subject merchandise which 
at the time of entry do not have a separate rate, the cash deposit rate 
will be the rate applicable to the Vietnamese exporter that supplied 
the non-Vietnamese exporter. These cash deposit requirements, when 
imposed, shall remain in effect until further notice.

Notification to Importers

    This notice serves as a preliminary reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this POR. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of antidumping duties occurred and the subsequent assessment of double 
antidumping duties.

Notification to Interested Parties

    Commerce is issuing and publishing the preliminary results of this 
review in accordance with sections 751(a)(1)(B) and 777(i) of the Act, 
and 19 CFR 351.221(b)(4).

    Dated: August 6, 2024.
Scot Fullerton,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Application of Facts Available With Adverse Inference
V. Affiliation and Collapsing
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation

[FR Doc. 2024-17997 Filed 8-12-24; 8:45 am]
BILLING CODE 3510-DS-P