Certain Circular Welded Carbon Steel Pipes and Tubes From Taiwan: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2016-2017, 52204-52205 [2018-22501]

Download as PDF 52204 Federal Register / Vol. 83, No. 200 / Tuesday, October 16, 2018 / Notices 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 and Final Determination of No Shipments; 2016– 2017 Enforcement and Compliance, International Trade Administration, U.S. 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, 2016, to April 30, 2017. DATES: Applicable October 16, 2018. FOR FURTHER INFORMATION CONTACT: Scott Hoefke, 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) 482–4947. SUPPLEMENTARY INFORMATION: AGENCY: Background On June 12, 2018, Commerce published its preliminary results of the administrative review of certain circular welded carbon steel pipes and tubes from Taiwan.1 This review covers Shin Yang Steel Co., Ltd. (Shin Yang) and Yieh Hsing Enterprise Co., Ltd. (Yieh Hsing). We invited interested parties to comment on our preliminary results. We received no comments regarding this administrative review. No interested party requested a hearing. On January 23, 2018, Commerce exercised its discretion to toll all deadlines for the duration of the closure of the Federal Government from January 20, 2018, through January 22, 2018.2 The revised deadline for the final determination of this review is now October 10, 2018. Scope of the Order amozie on DSK3GDR082PROD with NOTICES1 The merchandise subject to the order is certain circular welded carbon steel pipes and tubes from Taiwan. The 1 See Certain Circular Welded Carbon Steel Pipes and Tubes from Taiwan: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2016– 2017, 83 FR 27311 (June 12, 2018), and accompanying Preliminary Decision Memorandum. 2 See Memorandum, ‘‘Deadlines Affected by the Shutdown of the Federal Government,’’ dated January 23, 2018. All deadlines in this segment of the proceeding have been extended by 3 days. VerDate Sep<11>2014 18:44 Oct 15, 2018 Jkt 247001 product is currently classified under the Harmonized Tariff Schedule of the United States (HTSUS) item numbers 7306.30.5025, 7306.30.5032, 7306.30.5040, and 7306.30.5055. Although the HTSUS numbers are provided for convenience and customs purposes, the written product description remains dispositive.3 Analysis of Comments Received and Changes Since the Preliminary Results We made no changes to the Preliminary Results because we received no comments pertaining to the Preliminary Results. Final Determination of No Shipments In the Preliminary Results, Commerce preliminarily determined that Yieh Hsing had no shipments during the POR.4 Following publication of the Preliminary Results, we received no comments from interested parties regarding Yieh Hsing. As a result, and because the record contains no evidence to the contrary, we continue to find that Yieh Hsing 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 Yieh Hsing, but exported by other parties without their own rate, at the all-others rate.5 Final Results of the Review As a result of this review, we determine that the following weightedaverage dumping margin exists for the period May 1, 2016, through April 30, 2017: Producer/exporter Weightaverage dumping margin (percent) 6 Shin Yang Steel Co., Ltd ............ 7.47 Assessment Commerce shall determine, and CBP shall assess, antidumping duties on all 3 The complete description of the scope of the order appears in the Preliminary Decision Memorandum. 4 See Preliminary Results, 83 FR at 27312, 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). 6 In the Preliminary Results, Commerce erroneously published a dumping margin for Shin Yang of 6.26 percent. The correct margin should have been 7.47 percent, as reflected in the memorandum, ‘‘Preliminary Analysis PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 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 weightedaverage dumping margin is not zero or de minimis (i.e., less than 0.5 percent), Commerce has calculated importerspecific antidumping duty assessment rates. We calculated importer-specific ad valorem 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 entered value 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. As noted in the ‘‘Final Determination of No Shipments’’ section, above, Commerce will instruct CBP to liquidate any existing entries of merchandise produced by Yieh Hsing but exported by other parties, at the rate for the intermediate reseller, if available, or at the all-others rate. Cash Deposit Requirements The following cash deposit requirements will be effective 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 rates for the companies listed in these final results will be equal to the rates established in the final results of this review; (2) for merchandise exported by producers or exporters not covered in this review 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 or the original less-than-fairvalue (LTFV) investigation, but the producer is, the cash deposit rate will be the rate established for the most recently completed segment of this proceeding for the producer of the subject Memorandum for Shin Yang Steel Co., Ltd. in the 2016–2017 Administrative Review of Certain Circular Welded Carbon Steel Pipes and Tubes from Taiwan,’’ dated June 4, 2018. No party commented on this ministerial error contained in the Preliminary Results, but we are correcting the inadvertent error for these final results. E:\FR\FM\16OCN1.SGM 16OCN1 Federal Register / Vol. 83, No. 200 / Tuesday, October 16, 2018 / Notices merchandise; and (4) the cash deposit rate for all other producers or exporters will continue to be 9.70 percent,7 the all-others rate established in the LTFV investigation. These cash deposit requirements, when imposed, shall remain in effect until further notice. 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 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: October 10, 2018. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. [FR Doc. 2018–22501 Filed 10–15–18; 8:45 am] amozie on DSK3GDR082PROD with NOTICES1 BILLING CODE 3510–DS–P 7 See Certain Circular Welded Carbon Steel Pipes and Tubes from Taiwan: Antidumping Duty Order, 49 FR 19369 (May 7, 1984). VerDate Sep<11>2014 18:44 Oct 15, 2018 Jkt 247001 DEPARTMENT OF COMMERCE International Trade Administration [A–570–985] Xanthan Gum From the People’s Republic of China: Notice of Court Decision Not in Harmony With Amended Final Determination in Less Than Fair Value Investigation; Notice of Amended Final Determination Pursuant to Court Decision; Notice of Revocation of Antidumping Duty Order in Part; and Discontinuation of Fourth and Fifth Antidumping Duty Administrative Reviews in Part Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On September 17, 2018, the United States Court of International Trade (CIT or Court) sustained the Department of Commerce’s (Commerce) remand redetermination pertaining to the less-than-fair-value (LTFV) investigation of xanthan gum from the People’s Republic of China (China). Because of the CIT’s final decision, we are notifying the public that the CIT’s decision is not in harmony with Commerce’s final determination in the LTFV investigation of xanthan gum from China. Pursuant to the CIT’s final judgment, Neimenggu Fufeng Biotechnologies Co., Ltd. (aka Inner Mongolia Fufeng Biotechnologies Co., Ltd.) and Shandong Fufeng Fermentation, Co., Ltd. (collectively, Fufeng) are being excluded from the order. DATES: September 27, 2018. FOR FURTHER INFORMATION CONTACT: Stephen Bailey, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0193. SUPPLEMENTARY INFORMATION: AGENCY: Background The litigation in this case relates to Commerce’s final determination in the antidumping duty investigation covering xanthan gum from China,1 which was later amended.2 In its Amended Final Determination and Order, Commerce reached affirmative 1 See Xanthan Gum from the People’s Republic of China: Final Determination of Sales at Less Than Fair Value, 78 FR 33351 (June 4, 2013) (Final Determination) and accompanying Issues and Decision Memorandum. 2 See Xanthan Gum from the People’s Republic of China: Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order, 78 FR 43143 (July 19, 2013) (Amended Final Determination and Order). PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 52205 determinations for mandatory respondents Fufeng and Deosen Biochemical Ltd. (Deosen).3 CP Kelco U.S. and Fufeng appealed the Amended Final Determination and Order to the CIT, and on March 31, 2015, the CIT sustained, in part, and remanded, in part, Commerce’s Final Determination,4 as modified by the Amended Final Determination.5 Specifically, the Court remanded, for reevaluation, Commerce’s conclusion that the Thai Ajinomoto financial statements constituted a better source for calculating surrogate financial ratios than the Thai Fermentation statements, and granted the Government’s request for a voluntary remand to reconsider Commerce’s allocation of energy consumed at Fufeng’s Neimenggu plant between the production of subject and non-subject merchandise.6 Pursuant to a series of remand orders issued by the Court that resulted in four remand redeterminations, Commerce adjusted its allocation of energy consumed at Fufeng’s Neimenggu plant and revised Fufeng’s weighted average dumping margin by using Thai Fermentation’s financial statements to derive the surrogate financial ratios.7 On September 17, 2018, the CIT sustained Commerce’s Final Remand Redetermination.8 Timken Notice In its decision in Timken,9 as clarified by Diamond Sawblades,10 the United States Court of Appeals for the Federal Circuit (CAFC) held that, pursuant to section 516A(e) of the Tariff Act of 1930, as amended (the Act), Commerce must publish a notice of a court decision that is not ‘‘in harmony’’ with a Commerce determination and must suspend liquidation of entries pending a ‘‘conclusive’’ court decision. The CIT’s September 17, 2018, final judgment sustaining Commerce’s fourth remand redetermination 11 constitutes a final 3 Id. at 43144. Final Determination, 78 FR at 33351. 5 See CP Kelco US, Inc. v. United States, Slip Op. 15–27, (CIT Mar. 31, 2015) (CP Kelco I). 6 Id. at 2–3, 11–15, 32–34. 7 Id.; see also CP Kelco US, Inc. v. United States, Slip Op. 16–36 (CIT Apr. 8, 2016) (CP Kelco II); CP Kelco US, Inc. v. United States, 211 F. Supp. 3d 1338 (CIT 2017) (CP Kelco III); CP Kelco US, Inc. v. United States, Slip Op. 18–36 (CIT Apr. 5, 2018) (CP Kelco IV). 8 See CP Kelco US, Inc. v. United States, Slip Op. 18–120 (CIT Sept. 17, 2018) (CP Kelco V). 9 See Timken Co. v. United States, 893 F.2d 337, 341 (Fed. Cir. 1990) (Timken). 10 See Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). 11 See CP Kelco V, at 6; see also CP Kelco US, Inc. v. United States, Court No. 13–00288, Slip Op. 18– 4 See E:\FR\FM\16OCN1.SGM Continued 16OCN1

Agencies

[Federal Register Volume 83, Number 200 (Tuesday, October 16, 2018)]
[Notices]
[Pages 52204-52205]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22501]



[[Page 52204]]

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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 and Final 
Determination of No Shipments; 2016-2017

AGENCY: Enforcement and Compliance, International Trade Administration, 
U.S. 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, 2016, to April 30, 2017.

DATES: Applicable October 16, 2018.

FOR FURTHER INFORMATION CONTACT: Scott Hoefke, 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) 482-4947.

SUPPLEMENTARY INFORMATION: 

Background

    On June 12, 2018, Commerce published its preliminary results of the 
administrative review of certain circular welded carbon steel pipes and 
tubes from Taiwan.\1\ This review covers Shin Yang Steel Co., Ltd. 
(Shin Yang) and Yieh Hsing Enterprise Co., Ltd. (Yieh Hsing). We 
invited interested parties to comment on our preliminary results. We 
received no comments regarding this administrative review. No 
interested party requested a hearing.
---------------------------------------------------------------------------

    \1\ See Certain Circular Welded Carbon Steel Pipes and Tubes 
from Taiwan: Preliminary Results of Antidumping Duty Administrative 
Review and Preliminary Determination of No Shipments; 2016-2017, 83 
FR 27311 (June 12, 2018), and accompanying Preliminary Decision 
Memorandum.
---------------------------------------------------------------------------

    On January 23, 2018, Commerce exercised its discretion to toll all 
deadlines for the duration of the closure of the Federal Government 
from January 20, 2018, through January 22, 2018.\2\ The revised 
deadline for the final determination of this review is now October 10, 
2018.
---------------------------------------------------------------------------

    \2\ See Memorandum, ``Deadlines Affected by the Shutdown of the 
Federal Government,'' dated January 23, 2018. All deadlines in this 
segment of the proceeding have been extended by 3 days.
---------------------------------------------------------------------------

Scope of the Order

    The merchandise subject to the order is certain circular welded 
carbon steel pipes and tubes from Taiwan. The product is currently 
classified under the Harmonized Tariff Schedule of the United States 
(HTSUS) item numbers 7306.30.5025, 7306.30.5032, 7306.30.5040, and 
7306.30.5055. Although the HTSUS numbers are provided for convenience 
and customs purposes, the written product description remains 
dispositive.\3\
---------------------------------------------------------------------------

    \3\ The complete description of the scope of the order appears 
in the Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    Analysis of Comments Received and Changes Since the Preliminary 
Results
    We made no changes to the Preliminary Results because we received 
no comments pertaining to the Preliminary Results.

Final Determination of No Shipments

    In the Preliminary Results, Commerce preliminarily determined that 
Yieh Hsing had no shipments during the POR.\4\ Following publication of 
the Preliminary Results, we received no comments from interested 
parties regarding Yieh Hsing. As a result, and because the record 
contains no evidence to the contrary, we continue to find that Yieh 
Hsing 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 Yieh Hsing, but exported by other parties without their own 
rate, at the all-others rate.\5\
---------------------------------------------------------------------------

    \4\ See Preliminary Results, 83 FR at 27312, 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).
---------------------------------------------------------------------------

Final Results of the Review

    As a result of this review, we determine that the following 
weighted-average dumping margin exists for the period May 1, 2016, 
through April 30, 2017:

------------------------------------------------------------------------
                                                               Weight-
                                                               average
                                                               dumping
                     Producer/exporter                          margin
                                                              (percent)
                                                                 \6\
------------------------------------------------------------------------
Shin Yang Steel Co., Ltd...................................        7.47
------------------------------------------------------------------------

Assessment
---------------------------------------------------------------------------

    \6\ In the Preliminary Results, Commerce erroneously published a 
dumping margin for Shin Yang of 6.26 percent. The correct margin 
should have been 7.47 percent, as reflected in the memorandum, 
``Preliminary Analysis Memorandum for Shin Yang Steel Co., Ltd. in 
the 2016-2017 Administrative Review of Certain Circular Welded 
Carbon Steel Pipes and Tubes from Taiwan,'' dated June 4, 2018. No 
party commented on this ministerial error contained in the 
Preliminary Results, but we are correcting the inadvertent error for 
these final results.
---------------------------------------------------------------------------

    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 ad valorem 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 entered value 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.
    As noted in the ``Final Determination of No Shipments'' section, 
above, Commerce will instruct CBP to liquidate any existing entries of 
merchandise produced by Yieh Hsing but exported by other parties, at 
the rate for the intermediate reseller, if available, or at the all-
others rate.

Cash Deposit Requirements

    The following cash deposit requirements will be effective 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 rates for the companies listed in 
these final results will be equal to the rates established in the final 
results of this review; (2) for merchandise exported by producers or 
exporters not covered in this review 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 or the original less-than-fair-value (LTFV) 
investigation, but the producer is, the cash deposit rate will be the 
rate established for the most recently completed segment of this 
proceeding for the producer of the subject

[[Page 52205]]

merchandise; and (4) the cash deposit rate for all other producers or 
exporters will continue to be 9.70 percent,\7\ the all-others rate 
established in the LTFV investigation. These cash deposit requirements, 
when imposed, shall remain in effect until further notice.
---------------------------------------------------------------------------

    \7\ See Certain Circular Welded Carbon Steel Pipes and Tubes 
from Taiwan: Antidumping Duty Order, 49 FR 19369 (May 7, 1984).
---------------------------------------------------------------------------

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 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: October 10, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2018-22501 Filed 10-15-18; 8:45 am]
 BILLING CODE 3510-DS-P