[Federal Register Volume 85, Number 14 (Wednesday, January 22, 2020)]
[Notices]
[Pages 3618-3620]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00951]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-008]
Certain Circular Welded Carbon Steel Pipes and Tubes From Taiwan:
Final Results of Antidumping Duty Administrative Review, 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that Shin
Yang Steel Co., Ltd. (Shin Yang), a producer/exporter of merchandise
subject to this administrative review, made sales of subject
merchandise at less than normal value during the period of review (POR)
May 1, 2017 through April 30, 2018. The final weighted-average dumping
margins for the reviewed firms are listed below in the section
entitled, ``Final Results of the Review.''
DATES: Applicable January 22, 2020.
FOR FURTHER INFORMATION CONTACT: Hannah Falvey or Nicolas Mayora, AD/
CVD Operations, Office V, Enforcement and Compliance, International
Trade Administration, U.S. Department of
[[Page 3619]]
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone:
(202) 482-4889 or (202) 482-3053, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 18, 2019, Commerce published the Preliminary Results of the
administrative review of certain circular welded carbon steel pipes and
tubes from Taiwan.\1\ We invited interested parties to comment on the
Preliminary Results. A summary of events that occurred since Commerce
published the Preliminary Results can be found in the Issues and
Decision Memorandum.\2\ Commerce conducted this administrative review
in accordance with section 751 of the Tariff Act of 1930, as Amended
(the Act).
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\1\ See Certain Circular Welded Carbon Steel Pipes and Tubes
from Taiwan: Preliminary Results of Antidumping Duty Administrative
Review; 2017-2018, 84 FR 34337 (July 18, 2019) (Preliminary
Results).
\2\ See Memorandum, ``Issues and Decision Memorandum for Final
Results of the 2017-2018 Administrative Review of the Antidumping
Duty Order on Certain Circular Welded Carbon Steel Pipes and Tubes
from Taiwan,'' dated concurrently with and hereby adopted by this
notice (Issues and Decision Memorandum).
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Scope of the Order
The merchandise subject to the order is certain circular welded
carbon steel pipes and tubes from Taiwan. The products are currently
classifiable under the Harmonized Tariff Schedule of the United States
(HTSUS) subheadings: 7306.30.5025, 7306.30.5032, 7306.30.5040, and
7306.30.5055. Although the HTSUS subheadings are provided for
convenience and customs purposes, the written product description of
the scope of order remains dispositive. For a full description of the
scope, see the Issues and Decision Memorandum.\3\
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\3\ For a full description of the scope, see the Issues and
Decision Memorandum.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs are addressed in
the Issues and Decision Memorandum. A list of the issues addressed in
the Issues and Decision Memorandum is attached to this notice as an
Appendix. The Issues and 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 and
in the Central Records Unit (CRU), Room B8024 of the main Commerce
building. In addition, a complete version of the Issues and Decision
Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the Issues and Decision
Memorandum are identical in content.
Final Determination of No Shipments
In the Preliminary Results, Commerce preliminarily determined that
Sheng Yu Steel Co., Ltd. (Sheng Yu), Tension Steel Industries Co., Ltd.
(Tension Steel), Yieh Hsing Enterprise Co., Ltd. (Yieh Hsing), and Pat
& Jeff Enterprise Co., Ltd. (P&J) had no shipments during the POR.\4\
Following publication of the Preliminary Results, we received no
comments from interested parties regarding this decision. As a result,
and because the record contains no evidence to the contrary, we
continue to find that Sheng Yu, Tension Steel, Yieh Hsing, and P&J made
no shipments during the POR. Accordingly, consistent with Commerce's
practice, we intend to instruct U.S. Customs and Border Protection
(CBP) to liquidate any existing entries of merchandise produced by
Sheng Yu, Tension Steel, Yieh Hsing, and P&J but exported by other
parties without their own rate, at the all-others rate.\5\
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\4\ See Preliminary Results, 84 FR at 34338, and accompanying
Preliminary Decision Memorandum, at 2-3.
\5\ See, e.g., Magnesium Metal from the Russian Federation:
Preliminary Results of Antidumping Duty Administrative Review, 75 FR
26922, 26923 (May 13, 2010), unchanged in Magnesium Metal from the
Russian Federation: Final Results of Antidumping Duty Administrative
Review, 75 FR 56989 (September 17, 2010).
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Final Results of the Review
We determine that the following weighted-average dumping margins
exist for Shin Yang and the 15 companies not selected for individual
review, for the period May 1, 2017 through April 30, 2018:
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Dumping
Producer/exporter margin
(percent)
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Shin Yang Steel Co., Ltd.................................... 2.73
Chung Hung Steel Corp....................................... 2.73
Far East Machinery Co., Ltd................................. 2.73
Far East Machinery Group.................................... 2.73
Fine Blanking & Tool Co., Ltd............................... 2.73
Hou Lih Co., Ltd............................................ 2.73
Kao Hsing Chang Iron & Steel Corp........................... 2.73
Lang Hwang Corp............................................. 2.73
Locksure Inc................................................ 2.73
New Chance Products Co., Ltd................................ 2.73
Pin Tai Metal Inc........................................... 2.73
Shang Jouch Industrial Co., Ltd............................. 2.73
Shuan Hwa Industrial Co., Ltd............................... 2.73
Titan Fastech Ltd........................................... 2.73
Yeong Shien Industrial Co., Ltd............................. 2.73
Yousing Precision Industry Co., Ltd......................... 2.73
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Assessment
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).
For Shin Yang, because its weighted-average dumping margin is not
zero or de minimis (i.e., less than 0.5 percent), Commerce has
calculated importer-specific antidumping duty assessment rates. We
calculated importer-specific antidumping duty assessment rates by
aggregating the total amount of dumping calculated for the examined
sales of each importer and dividing each of these amounts by the total
sales quantity associated with those sales. We will instruct CBP to
assess antidumping duties on all appropriate entries covered by this
review where an importer-specific assessment rate is not zero or de
minimis. Pursuant to 19 CFR 351.106(c)(2), we will instruct CBP to
liquidate without regard to antidumping duties any entries for which
the importer-specific assessment rate is zero or de minimis.
For the companies which were not selected for individual review, we
will assign an assessment rate equal to Shin Yang's dumping margin
identified above.\6\ 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 duties, where applicable.\7\
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\6\ The Act does not specify how to calculate a dumping margin
for a respondent that is not selected for individual review in an
administrative review. Therefore, we look to section 735(c)(5)(A) of
the Act, which explains how to calculate the ``all others'' rate in
an investigation, for guidance. Consistent with how we would
calculate the ``all others'' rate in an investigation, we are basing
the dumping margin for non-selected companies on the weighted-
average dumping margin calculated for the selected respondent, Shin
Yang.
\7\ See section 751(a)(2)(C) of the Act.
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As noted in the ``Final Determination of No Shipments'' section,
above, Commerce will instruct CBP to liquidate any existing entries of
merchandise produced by Sheng Yu, Tension Steel, Yieh Hsing, or P&J,
but exported by other parties, at the rate for the intermediate
reseller, if applicable, or at the all-others rate.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
[[Page 3620]]
publication of the notice of final results of administrative review for
all shipments of 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 for by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for each specific
company listed above will be equal to the rate established in the final
results of this administrative review; (2) for merchandise exported by
producers or exporters not covered in this review, including the
companies Commerce has determined had no shipments in these final
results, but covered in a prior segment of this proceeding, the cash
deposit rate will continue to be the company-specific rate published
for the most recently completed segment in which the company was
reviewed; (3) if the exporter is not a firm covered in this review, a
prior review, or the original less-than-fair-value (LTFV)
investigation, but the producer is, then the cash deposit rate will be
the rate established for the most recently completed segment of this
proceeding for the producer of the subject merchandise; and (4) the
cash deposit rate for all other producers or exporters will continue to
be 9.70 percent, the all-others rate established in the LTFV
investigation.\8\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\8\ See Certain Circular Welded Carbon Steel Pipes and Tubes
from Taiwan: Antidumping Duty Order, 49 FR 19369 (May 7, 1984).
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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 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 increase the subsequent assessment
of double antidumping duties.
Notification to Interested Parties Regarding Administrative Protective
Order
This notice also 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), which continues to govern
business proprietary information in this segment of the proceeding.
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 the terms of an
APO is a sanctionable violation.
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h).
Dated: January 14, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-00951 Filed 1-21-20; 8:45 am]
BILLING CODE 3510-DS-P