[Federal Register Volume 90, Number 85 (Monday, May 5, 2025)]
[Notices]
[Pages 18966-18969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-07782]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-914]
Light-Walled Rectangular Pipe and Tube From the People's Republic
of China: Final Results of Antidumping Duty Administrative Review and
Final Determination of No Shipments; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that Hoa
Phat Steel Pipe Company Limited (Hoa Phat) had no shipments of light-
walled rectangular pipe and tube (LWRPT) from the People's Republic of
China (China) during the period of review (POR) August 1, 2022, through
July 31, 2023. Further, going forward, Hoa Phat will be eligible to
participate in the certification program previously established with
respect to the antidumping (AD) and countervailing duty (CVD) orders on
LWRPT from China, and the AD orders on LWRPT from the Republic of Korea
(Korea) and Taiwan.
DATES: Applicable May 5, 2025.
FOR FURTHER INFORMATION CONTACT: Paul Kebker, AD/CVD Operations, Office
IV, Enforcement and Compliance, International Trade Administration,
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202) 482-2254.
SUPPLEMENTARY INFORMATION:
Background
On September 13, 2024, Commerce published the Preliminary Results
in the 2022-2023 administrative review of AD order on LWRPT from China
\1\ and invited interested parties to comment.\2\ From November 18,
through November 20, 2024, Commerce conducted an on-site verification
of the information submitted on the record of this review by Hoa Phat
in the Socialist Republic of Vietnam (Vietnam).\3\ On December 9, 2024,
Commerce tolled certain deadlines in this administrative review by 90
days.\4\ On January 30, 2025, Commerce released the verification report
for Hoa Phat \5\ and established deadlines for submiting comments on
the Preliminary Results.\6\ On March 14, 2025, Commerce issued a
memorandum clarifying that the findings in these final results of
review with respect to Hoa Phat, specifically that Hoa Phat's ability
to certify as to the origin of the hot-rolled steel (HRS) used to
produce LWRPT in Vietnam, applies to the China CVD Order,\7\ the Korea
AD Order,\8\ and the Taiwan AD Order,\9\ and we invited parties to
comment.\10\ No parties commented on the Preliminary Results, the
verification report, or Commerce's Eligibility to Certify Memorandum.
On April 11, 2025, we extended the deadline for the final results of
this review by 30 days.\11\ Accordingly, the deadline for these final
results is now May 12, 2025.
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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) (China AD Order);
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) (China CVD Order) (collectively, Orders).
\2\ See Light-Walled Rectangular Pipe and Tube from the People's
Republic of China: Preliminary Results and Partial Rescission of
Antidumping Duty Administrative Review, and Preliminary
Determination of No Shipments; 2022-2023, 89 FR 74875 (September 13,
2024) (Preliminary Results), and accompanying Preliminary Decision
Memorandum (PDM).
\3\ See Memorandum, ``Verification of Hoa Phat Steel Pipe Co.
Ltd.'s Questionnaire Responses,'' dated January 30, 2025 (Hoa Phat
Verification Report).
\4\ See Memorandum, ``Tolling of Deadline for Antidumping and
Countervailing Duty Proceedings,'' dated December 9, 2024.
\5\ See Hoa Phat Verification Report.
\6\ See Memorandum, ``Establishment of Briefing Schedule,''
dated January 30, 2025.
\7\ We note that there is a concurrent administrative review of
the China CVD Order.
\8\ 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) (Korea AD Order).
\9\ See Antidumping Duty Order; Light-Walled Welded Rectangular
Carbon Steel Tubing from Taiwan, 54 FR 12467 (March 27, 1989)
(Taiwan AD Order).
\10\ See Memorandum, ``Intent to Apply Hoa Phat's Eligibility to
Certify Under the Countervailing Duty Order on Light-Walled
Rectangular Pipe and Tube from the People's Republic of China, and
the Antidumping Duty Orders On Light-Walled Rectangular Carbon Steel
Tubing From Taiwan and Light-Walled Rectangular Pipe and Tube from
the Republic of Korea,'' dated March 14, 2025 (Eligibility to
Certify Memorandum).
\11\ See Memorandum, ``Extension of Deadline for Final Results
of Antidumping Duty Administrative Review,'' dated April 11, 2025.
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Scope of the China AD Order
The merchandise subject to the China AD Order is certain welded
carbon quality light-walled steel pipe and tube, of rectangular
(including square) cross section, having a wall thickness of less than
4 mm. The term carbon-quality steel includes both carbon steel and
alloy steel which contains only small amounts of alloying elements.
Specifically, the term carbon-quality
[[Page 18967]]
includes products in which none of the elements listed below exceeds
the quantity by weight respectively indicated: 1.80 percent of
manganese, or 2.25 percent of silicon, or 1.00 percent of copper, or
0.50 percent of aluminum, or 1.25 percent of chromium, or 0.30 percent
of cobalt, or 0.40 percent of lead, or 1.25 percent of nickel, or 0.30
percent of tungsten, or 0.10 percent of molybdenum, or 0.10 percent of
niobium, or 0.15 percent vanadium, or 0.15 percent of zirconium. The
description of carbon-quality is intended to identify carbon-quality
products within the scope. The welded carbon-quality rectangular pipe
and tube subject to this Order is currently classified under the
Harmonized Tariff Schedule of the United States (HTSUS), subheadings
7306.61.50.00 and 7306.61.70.60. While HTSUS subheadings are provided
for convenience and customs purposes, our written description of the
scope of the Order is dispositive.
Methodology
Commerce conducted this administrative review of the China AD Order
in accordance with section 751(a)(1)(B) of Tariff Act of 1930, as
amended (the Act).
As no parties commented on the Preliminary Results, the
verification report, or the Eligibility to Certify Memorandum, we have
adopted the Preliminary Results as these final results, and no decision
memoranda accompany this Federal Register notice.
We continue to find that Hoa Phat is eligible to certify the origin
of the HRS that it uses to produce LWRPT in Vietnam, and that this
eligibility to certify applies to the China AD and CVD Orders, the
Korea AD Order, and the Taiwan AD Order.
Final Determination of No Shipments of Subject Merchandise
Consistent with the Preliminary Results, we continue to determine
that the sole respondent under review, Hoa Phat, supported its claim
that the LWRPT it produced in Vietnam and exported to the United States
during the POR is non-subject LWRPT. Specifically, Commerce determined
that Hoa Phat only used HRS from Vietnamese HRS producers to produce
its exports of LWRPT that entered the United States during the POR.
Thus, Commerce's Preliminary Results are unchanged for these final
results.
Eligibility To Certify
Commerce hereby determines that Hoa Phat is eligible to participate
in the certification program previously established in the China
Circumvention Determination,\12\ the Korea Circumvention
Determination,\13\ and the Taiwan Circumvention Determination.\14\ In
each of these final determinations, Commerce stated:
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\12\ See Light-Walled Rectangular Pipe and Tube from the
People's Republic of China: Final Affirmative Determination of
Circumvention of the Antidumping Duty and Countervailing Duty
Orders, 88 FR 77283 (November 9, 2023) (China Circumvention
Determination), and accompanying Issues and Decision Memorandum
(IDM).
\13\ See Light-Walled Rectangular Pipe and Tube from the
Republic of Korea: Final Affirmative Determination of Circumvention
of the Antidumping Duty and Countervailing Duty Orders, 88 FR 77266
(November 9, 2023) (Korea Circumvention Determination), and
accompanying IDM.
\14\ See Light-Walled Rectangular Carbion Steel Tubing from
Taiwan: Final Affirmative Determination of Circumvention of the
Antidumping Duty and Countervailing Duty Orders, 88 FR 77274
(November 9, 2023) (Taiwan Circumvention Determination), and
accompanying IDM.
Because 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
Determinations, 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.
At this time, GS Global and Hoa Phat have already requested a review
of Hoa Phat for the most recent period of reviews of the LWRPT China
Orders, and these reviews have been initiated. We intend to further
consider Hoa Phat's eligibility to certify the origin of the HRS
used to produce LWRPT in the context of these reviews.\15\
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\15\ See China Circumvention Determination IDM at 26-27
(internal citations omitted); Korea Circumvention Determination IDM
at 27 (internal citations omitted); Taiwan Circumvention
Determination IDM at 27 (internal citations omitted).
Commerce based its decision to not permit Hoa Phat to certify the
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origin of the HRS used to produce LWRPT in Vietnam because:
{Hoa Phat's{time} unwillingness to cooperate{ {time} prevented
Commerce the opportunity to use that party's information to conduct
its analysis, or to assess and verify such party's ability to trace
its inputs to produce subject merchandise shipped to the United
States.\16\
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\16\ See Korea Circumvention Determination IDM at 22 (citing
Carbon Steel Butt-Weld Pipe Fittings from the People's Republic of
China: Final Affirmative Determination of Circumvention of the
Antidumping Duty Order, 84 FR 29164 (June 21, 2019); Certain Tissue
Paper Products from the People's Republic of China: Affirmative
Final Determination of Circumvention of the Antidumping Duty Order,
76 FR 47551 (August 5, 2011); Certain Tissue Paper Products from the
People's Republic of China: Affirmative Final Determination of
Circumvention of the Antidumping Duty Order, 74 FR 29172 (June 19,
2009); and Max Fortune Indus. Co. v. United States, Slip Op. 2013-52
(CIT April 15, 2013)); Taiwan Circumvention Determination IDM at 22
(internal citations omitted); and China Circumvention Determination
IDM at 21 (internal citations omitted).
Commerce hereby determines that Hoa Phat is eligible to participate
in the certification program because Hoa Phat records the origin of its
HRS purchases in its books and records, and Hoa Phat is able to trace
through its production processes the origin of the HRS used to produce
LWRPT shipped to the United States.\17\ As Commerce states in the Hoa
Phat Verification Report, Hoa Phat company officials showed verifiers
how they are able to track HRS through their entire production
system.\18\ We further determine that Hoa Phat's eligibility to
participate in the certification program based on the China
Circumvention Determination, the Korea Circumvention Determination, and
the Taiwan Circumvention Determination is effective as of the
publication date of the final results in the Federal Register. As noted
above, Hoa Phat's eligibility to certify includes the China AD and CVD
Orders, the Korea AD Order, and the Taiwan AD Order.
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\17\ See Hoa Phat Verification Report at 5-6 and 8-10.
\18\ Id. at 6.
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China-Wide Entity
Under Commerce's policy regarding the conditional review of the
China-wide entity,\19\ the China-wide entity will not be under review
unless a party specifically requests, or Commerce self-initiates, a
review of the China-wide entity. Because no party has requested a
review of the China-wide entity for this POR, the entity is not under
review, and the China-wide entity's cash deposit rate for estimated
antidumping duties, i.e., 255.07 percent, is not subject to change.\20\
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\19\ 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).
\20\ See Implementation of Determinations Under Section 129 of
the Uruguay Round Agreements Act: Certain New Pneumatic Off-the-Road
Tires; Circular Welded Carbon Quality Steel Pipe; Laminated Woven
Sacks; and Light-Walled Rectangular Pipe and Tube from the People's
Republic of China, 77 FR 52683, 52688 (August 30, 2012); see also
Order, 73 FR 45403.
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Disclosure
Because we have not modified our analysis from the Preliminary
Results, there are no calculations to disclose for the final results.
LWRPT Finished in Vietnam
Based on the affirmative country-wide determinations of
circumvention for Vietnam in the China Circumvention
[[Page 18968]]
Determination, the Korea Circumvention Determination, and the Taiwan
Circumvention Determination, in accordance with 19 CFR 351.226(1)(3),
we directed U.S. Customs and Border Protection (CBP) to suspend
liquidation and require a cash deposit of estimated duties on
unliquidated entries of LWRPT completed in Vietnam using China-,\21\
Korea-,\22\ or Taiwan-origin \23\ HRS, that were entered, or withdrawn
from warehouse, for consumption on or after the date of publication of
the initiation of the circumvention inquiries in the Federal
Register.\24\
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\21\ See China Circumvention Determination, 88 FR 77284-85.
\22\ See Korea Circumvention Determination, 88 FR 77267-68.
\23\ See Taiwan Circumvention Determination, 88 FR 77275-77.
\24\ See Light-Walled Rectangular Pipe and Tube from the
People's Republic of China: Preliminary Affirmative Determination of
Circumvention of the Antidumping Duty and Countervailing Duty
Orders, 88 FR 21985, 21986-87 (April 12, 2023), Light-Walled
Rectangular Pipe and Tube from the Republic of Korea: Preliminary
Affirmative Determination of Circumvention of the Antidumping Duty
Order, 88 FR 22002, 22003-04 (April 12, 2023), and Light-Walled
Welded Rectangular Carbon Steel Tubing from Taiwan: Preliminary
Affirmative Determination of Circumvention of the Antidumping Duty
Order, 88 FR 21980, 21981-82 (April 12, 2023), unchanged in China
Circumvention Determination, Korea Circumvention Determination, and
Taiwan Circumvention Determination.
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If an importer enters into the United States LWRPT produced in
Vietnam, and claims that the LWRPT was not produced from China-, Korea-
, or Taiwan-origin HRS,\25\ or alternatively, claims that the LWRPT was
produced using an input other than HRS, the importer and exporter are
required to meet the certification and documentation requirements
described in the ``Certifications'' and ``Certification Requirements''
sections of the China Circumvention Determination, the Korea
Circumvention Determination, and the Taiwan Circumvention Determination
to not be subject to the cash deposit requirements of the China Order,
Taiwan Order, or Korea Order.\26\
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\25\ We note that Hoa Phat claimed, and we confirmed, that the
HRS that Hoa Phat used in the production of its entries of LWRPT
into the United States during the POR are made only of HRS produced
in Vietnam and no other country.
\26\ See China Circumvention Determination, 88 FR 77284-85
(explaining the certification requirements) and 88 FR 77286-87
(providing the required importer and exporter certifications); see
also Korea Circumvention Determination, 88 FR 77267-68 (explaining
the certification requirements) and 88 FR 77268-70 (providing the
required importer and exporter certifications) and Taiwan
Circumvention Determination, 88 FR 77276-77 (explaining the
certification requirements) and 88 FR 77277-78 (providing the
required importer and exporter certifications).
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Assessment of Antidumping Duties
Commerce shall determine, and CBP shall assess, antidumping duties
on all appropriate entries covered by this review, pursuant to section
751(a)(2)(C) of the Act and 19 CFR 351.212(b). All entries of LWRPT
from Vietnam produced or exported by Hoa Phat and entered into the
United States during the POR were suspended under the China AD Order.
Because we find that all the suspended entries of LWRPT produced or
exported by Hoa Phat during the POR are not subject to the China AD
Order, the Korea AD Order, or the Taiwan AD Order, we intend to
instruct CBP to liquidate such entries of LWRPT without regard to
antidumping duties. Commerce intends to issue assessment instructions
to CBP no earlier than 35 days after the date of publication of these
final results of 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).
Suspension of Liquidation and Cash Deposit Requirements
For LWRPT produced in China, the final results of this review do
not alter the previous suspension of liquidation and cash deposit
requirements.\27\ Further, for LWRPT produced in Vietnam by a company
other than Hoa Phat, the suspension of liquidation and cash deposit
requirements established in the China Circumvention Determination, the
Korea Circumvention Determination, and the Taiwan Circumvention
Determination remain unchanged.\28\
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\27\ See Light-Walled Rectangular Pipe and Tube from the
People's Republic of China: Final Results of the Antidumping Duty
Administrative Review; 2021-2022, 88 FR 58244 (August 25, 2023).
\28\ See China Circumvention Determination, 88 FR 77284; Korea
Circumvention Determination, 88 FR 77267; and Taiwan Circumvention
Determination, 88 FR 77275-76.
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For LWRPT from Vietnam produced or exported by Hoa Phat, these
final results of review revise the suspension of liquidation and cash
deposit instructions established in the China Circumvention
Determination, the Korea Circumvention Determination, and the Taiwan
Circumvention Determination. Specifically, Hoa Phat is now permitted to
certify that its merchandise was not produced from China-origin, Korea-
origin, or Taiwan-origin HRS, as described in each of Commerce's final
circumvention determinations, respectively.\29\ Commerce has
established the following company-specific third country CBP case
numbers for Hoa Phat in the Automated Commercial Environment (ACE) for
entries of LWRPT from Vietnam: A-552-914-001 (China AD Order), A-552-
859-000 (Korea AD Order) and A-552-863-000 (Taiwan AD Order).
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\29\ China Circumvention Determination, 88 FR 77284; Korea
Circumvention Determination, 88 FR 77267; and Taiwan Circumvention
Determination, 88 FR 77275-76.
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If the exporter or the importer fails to properly certify that an
entry of LWRPT produced by Hoa Phat was not produced using China-origin
HRS, then Commerce intends to instruct CBP to suspend the liquidation
of the entry of such LWRPT under CBP case number A-552-914-001 and
require a cash deposit for estimated antidumping duties at the rate of
255.07 percent.\30\
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\30\ No weighted-average dumping margin was calculated as part
of these final results for Hoa Phat, and, therefore, its cash
deposit rate for estimated antidumping duties under the China AD
Order continues to be the rate established in the China
Circumvention Determination. See China Circumvention Determination,
88 FR 77284.
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If the exporter and the importer properly certify that an entry of
LWRPT produced by Hoa Phat in Vietnam was not produced using China-
origin HRS, then Commerce intends to instruct CBP to suspend the
liquidation of the entry of such LWRPT under CBP case number A-552-863-
000 and require a cash deposit for estimated antidumping duties at a
rate of 18.05 percent, unless both the importer and the exporter have
also certified that the entry was not produced from Taiwan-origin
HRS.\31\
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\31\ This is the rate established in Taiwan Circumvention
Determination based on the all-others rate under the Taiwan AD
Order. See Taiwan Circumvention Determination, 88 FR 77275-76.
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If the exporter and the importer properly certify that an entry of
LWRPT produced by Hoa Phat in Vietnam was not produced using China-
origin or Taiwan-origin HRS, then Commerce intends to instruct CBP to
suspend the liquidation of the entry of such LWRPT under CBP case
number A-552-859-000 and require a cash deposit for estimated
antidumping duties at a rate of 15.79 percent, unless both the importer
and the exporter have also certied that the entered product was not
produced from Korea-origin HRS.\32\
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\32\ This is the rate established in Korea Circumvention
Determination based on the all-others rate under the Korea AD Order.
See Korea Circumvention Determination, 88 FR 77267.
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If the exporter and the importer properly certify that an entry of
LWRPT produced by Hoa Phat in Vietnam was not produced using China-,
Taiwan-, or Korea-origin HRS, then Commerce intends to instruct CBP
that the entry is
[[Page 18969]]
not subject to the China AD Order, Taiwan AD Order, or Korea AD Order.
These suspension of liquidation and cash deposit requirements, when
imposed, shall remain in effect until further notice. Failure to comply
with the applicable requisite certification requirements may result in
the merchandise being subject to AD or CVD duties.
Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping and/or countervailing 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 and/or countervailing duties occurred
and the subsequent assessment of double antidumping duties, and/or an
increase in the amount of antidumping duties by the amount of the
countervailing duties.
Administrative Protective Order (APO)
This notice also serves as a reminder to parties subject to an APO
of their responsibility concerning the destruction or return of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3), which continues to govern business proprietary
information in this segment of the proceeding. Timely written
notification of the destruction or return 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 sanctionable
violation.
Notification to Interested Parties
We are issuing and publishing these final results of review and
this notice in accordance with sections 751(a)(1) and 777(i)(1) of the
Act, and 19 CFR 351.213(h) and 351.221(b)(5).
Dated: April 29, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2025-07782 Filed 5-2-25; 8:45 am]
BILLING CODE 3510-DS-P