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]
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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]]
-----------------------------------------------------------------------
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
