[Federal Register Volume 90, Number 85 (Monday, May 5, 2025)]
[Notices]
[Pages 18959-18961]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-07783]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-915]
Light-Walled Rectangular Pipe and Tube From the People's Republic
of China: Final Results of Countervailing Duty Administrative Review
and Final Determination of No Shipments; 2022
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) January 1, 2022,
through December 31, 2022. Further, going forward, Hoa Phat will be
eligible to participate in the certification program previously
established with respect to the countervailing duty (CVD) order on
LWRPT from China.
DATES: Applicable May 5, 2025.
FOR FURTHER INFORMATION CONTACT: Rebecca M. Janz, AD/CVD Operations,
Office II, Enforcement and Compliance, International Trade
Administration, Department of Commerce, 1401 Constitution Avenue NW,
Washington, DC 20230; telephone: (202) 482-2972.
SUPPLEMENTARY INFORMATION:
Background
On September 13, 2024, Commerce published the Preliminary Results,
in which we adopted the preliminary finding in the concurrent
antidumping duty (AD) administrative review and explained that, if our
preliminary finding in the concurrent AD administrative review is
unchanged in the final results, we would determine in the final results
of this CVD administrative review that Hoa Phat is eligible to
participate in the certification program previously established with
respect to the Order as of the publication date of the final
results.\1\ We invited interested parties to comment on the Preliminary
Results.\2\
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\1\ See Light-Walled Rectangular Pipe and Tube from the People's
Republic of China: Preliminary Results and Preliminary Determination
of No Shipments; 2022, 89 FR 74904 (September 13, 2024) (Preliminary
Results); see also Light-Walled Rectangular Pipe and Tube from the
People's Republic of China: Countervailing Duty Order, 73 FR 45405
(August 5, 2008) (Order).
\2\ See Preliminary Results.
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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 proceeding by 90 days.\4\ On January 30, 2025, Commerce
released the verification report for Hoa Phat and established deadlines
for submitting comments on the Preliminary Results.\5\ 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 Korea AD
Order and the Taiwan AD Order, and we invited parties to comment.\6\ No
parties commented on the Preliminary Results, the verification report,
or Commerce's Eligibility to Certify Memorandum. On April 11,
[[Page 18960]]
2025, we extended the deadline for the final results of this review by
30 days.\7\ Accordingly, the deadline for these final results is now
May 12, 2025.
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\3\ See Memorandum, ``Placing on the Record the Verification
Report of the Antidumping Duty Administrative Review of Light-Walled
Rectangular Pipe and Tube from the People's Republic of China; 2022-
2023,'' dated January 31, 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; see also Memorandum,
``Notification of Briefing Schedule in the Antidumping Duty
Administrative Review of Light-Walled Rectangular Pipe and Tube from
the People's Republic of China; 2022-2023,'' dated January 31, 2025.
\6\ 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); see also 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); and Antidumping Duty Order; Light-Walled
Welded Rectangular Carbon Steel Tubing from Taiwan, 54 FR 12467
(March 27, 1989) (Taiwan AD Order).
\7\ See Memorandum, ``Extension of Deadline for the Final
Results of the Countervailing Duty Administrative Review,'' dated
April 11, 2025.
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Scope of the Order 8
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\8\ See Order.
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The merchandise subject to this 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 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 in accordance with
section 751(a)(1)(A) of Tariff Act of 1930, as amended (the Act).
As no parties commented on the Preliminary Results, the
verification report, or Commerce's 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 participate in
the certification program previously established with respect to the
Order.
Final Determination of No Shipments of Subject Merchandise
Consistent with the Preliminary Results, we continue to adopt the
findings in the concurrent AD review and 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, in the concurrent AD administrative
review, 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.\9\ Thus, Commerce's Preliminary Results are
unchanged for these final results.
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\9\ See unpublished Federal Register Notice entitled, ``Light-
Walled Rectangular Pipe and Tube from the People's Republic of
China: Final Results of Antidumping Duty Administrative Review;
2022-2023,'' dated concurrently with this notice.
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Eligibility To Certify
Commerce hereby determines that Hoa Phat is eligible to participate
in the certification program established in the China Circumvention
Determination 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
exported to the United States.\10\ 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.\11\
We further determine that Hoa Phat's eligibility to participate in the
certification program based on the China Circumvention Determination is
effective as of the date of publication of these final results in the
Federal Register.\12\
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\10\ See Hoa Phat Verification Report at 5-6 and 8-10.
\11\ Id. at 6.
\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).
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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 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-origin HRS that were entered, or withdrawn from
warehouse, for consumption on or after the date of publication of the
initiation of the circumvention inquiry in the Federal Register.\13\
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\13\ Id., 88 FR 77284.
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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-origin
HRS \14\ 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 to not be subject to the cash deposit
requirements of the Order.\15\
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\14\ We note that Hoa Phat claimed, and we confirmed, that the
HRS that Hoa Phat used in the production of its entries of LWRPT
sold to the United States during the POR are made only of HRS
produced in Vietnam and no other country.
\15\ See China Circumvention Determination, 88 FR 77284-85
(explaining the certification requirements) and 88 FR 77286-87
(providing the required importer and exporter certifications).
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Assessment of Countervailing Duties
Commerce shall determine, and CBP shall assess, countervailing
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)(2). Because we
find that all the suspended entries of LWRPT produced or exported by
Hoa Phat during the POR are not subject to the Order, we intend to
instruct CBP to liquidate such entries of LWRPT without regard to
countervailing duties. 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).
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.\16\
[[Page 18961]]
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 remain
unchanged.\17\
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\16\ See Order. Commerce has not conducted any administrative
reviews of the Order. See Light-Walled Rectangular Pipe and Tube
from the People's Republic of China: Final Results of the Expedited
Second Five-Year Sunset Review of the Countervailing Duty Order, 84
FR 45726 (August 30, 2019), and accompanying IDM at 3.
\17\ See China Circumvention Determination, 88 FR 77284-85;
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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. Specifically, Hoa Phat is now permitted to participate
in the certification program established in the China Circumvention
Determination as either a producer or exporter of LWRPT from Vietnam,
and other parties that export LWRPT from Vietnam produced by Hoa Phat
are also eligible to participate in the certification program. Commerce
has established the following company-specific third country CBP case
number for Hoa Phat in the Automated Commercial Environment for entries
of LWRPT from Vietnam: C-552-915-001.
If the exporter or the importer fails to 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 C-552-915-
001 and require a cash deposit for estimated countervailing duties at
the rate of 15.28 percent.\18\ 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 that the entry is not subject to the Order.
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\18\ No countervailable subsidy rate was calculated as part of
these final results for Hoa Phat, and, therefore, its cash deposit
rate for estimated countervailing duties continues to be the rate
established in the China Circumvention Determination. See China
Circumvention Determination, 88 FR 77284.
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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 countervailing 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 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. 2025-07783 Filed 5-2-25; 8:45 am]
BILLING CODE 3510-DS-P