Certain Circular Welded Non-Alloy Steel Pipe From Taiwan: Preliminary Determination of No Shipments; 2017-2018, 71367-71369 [2019-27937]
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Federal Register / Vol. 84, No. 248 / Friday, December 27, 2019 / Notices
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jbell on DSKJLSW7X2PROD with NOTICES
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[FR Doc. 2019–27845 Filed 12–26–19; 8:45 am]
BILLING CODE 3410–DM–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–814]
Certain Circular Welded Non-Alloy
Steel Pipe From Taiwan: Preliminary
Determination of No Shipments; 2017–
2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that there were no shipments of subject
merchandise during the period of
review (POR) November 1, 2017 through
October 31, 2018. We invite interested
AGENCY:
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71367
parties to comment on these preliminary
results.
DATES: Applicable December 27, 2019.
FOR FURTHER INFORMATION CONTACT:
Chelsey Simonovich, 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) 482–1979.
SUPPLEMENTARY INFORMATION:
Background
On November 1, 2018, Commerce
published in the Federal Register a
notice of opportunity to request an
administrative review of the order on
certain circular welded non-alloy steel
pipe (circular welded pipe) from
Taiwan for the POR.1 On November 30,
2018, Commerce received a request for
administrative review covering imports
of circular welded pipe from Taiwan,
which was filed in proper form by
Independence Tube Corporation and
Southland Tube (collectively, the
petitioners).2 Commerce published the
notice of initiation of this administrative
review on February 6, 2019, covering
the two companies for which we
received a request for review.3
On December 26, 2018, Commerce
received a notification of no shipments
from Founder Land.4 On March 4, 2019,
Commerce received notifications of no
shipments from Shin Yang Steel Co.,
Ltd. (Shin Yang), Tension Steel
Enterprise Co., Ltd. (Tension Steel),
Yieh Hsing Enterprise Co., Ltd. (Yieh
Hsing), and Yieh Phui Enterprise Co.,
Ltd. (Yieh Phui).5 On August 5, 2019,
Commerce made inquiries to U.S.
Customs and Border Protection (CBP)
informing CBP that Commerce’s records
indicated no shipments from Founder
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
To Request Administrative Review, 83 FR 54912
(November 1, 2018).
2 See Petitioners’ Letter, ‘‘Certain Circular Welded
Non-Alloy Steel Pipe from Taiwan: Request for
Administrative Review,’’ dated November 30, 2018.
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
2160 (February 6, 2019).
4 See Founder Land’s Letter, ‘‘Certain Circular
Welded Non-Alloy Steel Pipe from Taiwan: Request
for Administrative Review,’’ dated December 26,
2018.
5 See Shin Yang’s Letter, ‘‘Certain Circular
Welded Non-Alloy Steel Pipe from Taiwan; No
Shipment Certification,’’ dated March 4, 2019;
Tension Steel’s Letter, ‘‘Certain Circular Welded
Non-Alloy Steel Pipe from Taiwan; No Shipment
Certification,’’ dated March 4, 2019; Yieh Hsing’s
Letter, ‘‘Certain Circular Welded Non-Alloy Steel
Pipe from Taiwan; No Shipment Certification,’’
dated March 4, 2019; and Yieh Phui’s Letter,
‘‘Certain Circular Welded Non-Alloy Steel Pipe
from Taiwan; No Shipment Certification,’’ dated
March 4, 2019.
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Federal Register / Vol. 84, No. 248 / Friday, December 27, 2019 / Notices
Land, Shin Yang, Tension Steel, Yieh
Hsing, or Yieh Phui and requested that
any CBP import officers aware of entries
inform Commerce within ten days.6 We
received no notifications from CBP. On
August 30, 2019, Commerce published
memoranda informing interested parties
that we had made an inquiry to CBP
with regard to entries of subject
merchandise for the purposes of
potential respondent selection. The
results indicated that there were no
shipments of subject merchandise from
Taiwan as country of origin or country
of export by Founder Land, Shin Yang,
Tension Steel, Yieh Hsing, or Yieh Phui
into the United States during the POR.7
Commerce exercised its discretion to
toll all deadlines affected by the partial
federal government closure from
December 22, 2018 through the
resumption of operations on January 28,
2019.8 On September 10, 2019,
Commerce postponed the preliminary
determination of this administrative
review, and the revised deadline is now
December 10, 2019. This preliminary
determination is made in accordance
with section 751 of the Tariff Act of
1930, as amended (the Act).
Scope of the Order
The products covered by the order are
circular welded pipe from Taiwan. For
a complete description of the scope of
the order, see the appendix to this
notice.
jbell on DSKJLSW7X2PROD with NOTICES
Preliminary Determination of No
Shipments
Based on record evidence, we
preliminarily determine that Founder
Land, Shin Yang, Tension, Yieh Hsing,
Yieh Phui had no shipments of subject
6 See CBP Message 9241301, ‘‘No shipments
inquiry for certain circular welded non-alloy steel
pipe from Taiwan exported by Founder Land Co.,
Ltd. (A–583–814),’’ CBP Message 9214307, ‘‘No
shipments inquiry for certain circular welded nonalloy steel pipe from Taiwan exported by Shin Yang
Steel Co., Ltd. (A–583–814),’’ CBP Message
9214306, ‘‘No shipments inquiry for certain circular
welded non-alloy steel pipe from Taiwan exported
by Tension Steel Enterprise Co., Ltd. (A–583–814),’’
CBP Message 9213304, ‘‘No shipments inquiry for
certain circular welded non-alloy steel pipe from
Taiwan exported by Yieh Hsing Enterprise Co., Ltd.
(A–583–814),’’ CBP Message 9213307, ‘‘No
shipments inquiry for certain circular welded nonalloy steel pipe from Taiwan exported by Yieh Phui
Enterprise Co., Ltd. (A–583–814),’’ all dated March
20, 2019.
7 See Memoranda, ‘‘No shipment inquiry with
respect to the company below during the period 11/
01/2017 through 10/31/2018,’’ dated August 301,
2019.
8 See Memorandum, ‘‘Deadlines Affected by the
Partial Shutdown of the Federal Government,’’
dated January 28, 2019. All deadlines in this
segment of the proceeding have been extended by
40 days. If the new deadline falls on a non-business
day, in accordance with Commerce’s practice, the
deadline will become the next business day.
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18:44 Dec 26, 2019
Jkt 250001
merchandise during the POR. With
respect to Founder Land, Shin Yang,
Tension Steel, Yieh Hsing, and Yieh
Phui, CBP stated that it did not find any
shipments of subject merchandise from
these companies during the POR.9
Consistent with our practice, we find
that it is not appropriate to rescind the
review with respect to these five
companies, but rather to complete the
review and issue appropriate
instructions to CBP based on the final
results of this review.10
Public Comment
Interested parties may submit case
briefs to Commerce no later than 30
days after the date of publication of this
notice.11 Rebuttal briefs, limited to
issues raised in the case briefs, may be
filed not later than five days after the
date for filing case briefs.12 Pursuant to
19 CFR 351.309(c)(2) and (d)(2), parties
who submit case briefs or rebuttal briefs
in this proceeding are encouraged to
submit with each argument: (1) A
statement of the issue; (2) a brief
summary of the argument; and (3) a
table of authorities.
All submissions to Commerce must be
filed electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS)
and must also be served on interested
parties.13 ACCESS is available to
registered users at https://
access.trade.gov and is available to all
parties in the Central Records Unit,
Room B8024 of the main Commerce
building. An electronically filed
document must be received successfully
in its entirety by 5:00 p.m. Eastern Time
on the date that the document is due.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
9 See Founder Land’s Letter, ‘‘Certain Circular
Welded Non-Alloy Steel Pipe from Taiwan: Request
for Administrative Review,’’ dated December 25,
2018; see also Shin Yang’s Letter, ‘‘Certain Circular
Welded Non-Alloy Steel Pipe from Taiwan; No
Shipment Certification,’’ dated March 4, 2019,
Tension Steel’s Letter, ‘‘Certain Circular Welded
Non-Alloy Steel Pipe from Taiwan; No Shipment
Certification,’’ dated March 4, 2019, Yieh Hsing’s
Letter, ‘‘Certain Circular Welded Non-Alloy Steel
Pipe from Taiwan; No Shipment Certification,’’
dated March 4, 2019, and Yieh Phui’s Letter,
‘‘Certain Circular Welded Non-Alloy Steel Pipe
from Taiwan; No Shipment Certification,’’ dated
March 4, 2019.
10 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).
11 See 19 CFR 351.309(c)(1)(ii).
12 See 19 CFR 351.309(d).
13 See 19 CFR 351.303(f).
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the Assistant Secretary for Enforcement
and Compliance, filed electronically via
Commerce’s electronic records system,
ACCESS. An electronically filed request
must be received successfully in its
entirety by 5:00 p.m. Eastern Time
within 30 days of the date of publication
of this notice.14 Requests should
contain: (1) The party’s name, address
and telephone number; (2) the number
of participants; and (3) a list of issues
parties intend to discuss. Issues raised
in the hearing will be limited to those
raised in the respective case and
rebuttal briefs. If a request for a hearing
is made, Commerce intends to hold the
hearing at the U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230, at a date
and time to be determined.15 Parties
should confirm the date, time, and
location of the hearing two days before
the scheduled date.
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
the issues raised in any case or rebuttal
briefs, no later than 120 days after the
date of publication of this notice, unless
extended.16
Assessment Rates
If we continue to find in the final
results that Founder Land, Shun Yang,
Tension Steel, Yieh Hsing, and Yieh
Phui had no shipments of subject
merchandise, for entries of subject
merchandise during the POR produced
by Founder Land, Shun Yang, Tension
Steel, Yieh Hsing, and Yieh Phui for
which these companies did not know
that the merchandise was destined for
the United States, we will instruct CBP
to liquidate these entries at the allothers rate if there is no rate for the
intermediate company(ies) involved in
the transaction.17
Commerce intends to issue
appropriate assessment instructions to
CBP 15 days after publication of the
final results of this review.
Cash Deposit Requirements
The following deposit requirements
will be effective for all shipments of the
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 by
section 751(a)(2)(C) of the Act: (1) The
14 See
19 CFR 351.310(c).
19 CFR 351.310(d).
16 See section 751(a)(3)(A) of the Act; and 19 CFR
351.213(h).
17 For a full discussion of this clarification, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
15 See
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Federal Register / Vol. 84, No. 248 / Friday, December 27, 2019 / Notices
cash deposit rates for Founder Land,
Shun Yang, Tension Steel, Yieh Hsing,
and Yieh Phui will remain unchanged
from the rate assigned to them in the
most recently completed review of those
companies; (2) for merchandise
exported by manufacturers or exporters
not covered in this review but covered
in a prior segment of the proceeding, the
cash deposit rate will continue to be the
company-specific rate published for the
most recently-completed segment; (3) if
the exporter is not a firm covered in this
review, a prior review, or the original
investigation, but the manufacturer is,
the cash deposit rate will be the rate
established for the most recently
completed segment for the manufacturer
of the merchandise; and (4) the cash
deposit rate for all other manufacturers
or exporters will continue to be 23.56
percent, the all-others rate established
in the less-than-fair-value
investigation.18 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice serves as a preliminary
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
review period. Failure to comply with
this requirement may result in the
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.221(b)(4).
Dated: December 10, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
jbell on DSKJLSW7X2PROD with NOTICES
Scope of the Order
The products covered by this order are (1)
circular welded non-alloy steel pipes and
tubes, of circular cross section over 114.3
millimeters (4.5 inches), but not over 406.4
millimeters (16 inches) in outside diameter,
with a wall thickness of 1.65 millimeters
(0.065 inches) or more, regardless of surface
finish (black, galvanized, or painted), or endfinish (plain end, beveled end, threaded, or
threaded and coupled); and (2) circular
welded non-alloy steel pipes and tubes, of
circular cross-section less than 406.4
18 See Notice of Antidumping Duty Order:
Circular Welded Non-Alloy Steel Pipe from Taiwan,
57 FR 49454 (November 2, 1992).
18:44 Dec 26, 2019
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[FR Doc. 2019–27937 Filed 12–26–19; 8:45 am]
Republic of China (China) covering the
period of April 1, 2013 through March
31, 2014. Commerce is notifying the
public that the final judgment in this
case is not in harmony with the final
results of the administrative review, and
that Commerce is amending the final
results with respect to certain producers
and/or exporters identified herein.
DATES: Applicable December 27, 2019.
FOR FURTHER INFORMATION CONTACT:
Robert Palmer, AD/CVD Operations
Office VIII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–9068.
SUPPLEMENTARY INFORMATION:
Background
On October 9, 2015, Commerce issued
the AR7 Final Results.1 Jacobi Carbons
AB (Jacobi), a mandatory respondent,
and Jacobi Carbons, Inc., its affiliated
U.S. importer of subject merchandise,2
challenged certain aspects of the AR7
Final Results. Jacobi challenged
Commerce’s final results regarding: (1)
The selection of Thailand as the primary
surrogate country for the mandatory
respondents,3 (2) the selection of Thai
surrogate values (SV) used to value
financial ratios and carbonized material,
and (3) the reduction of Jacobi’s
constructed export price (CEP) by an
amount for irrecoverable value added
tax (VAT). On April 7, 2017, the Court
in Jacobi AR7 I remanded Commerce’s
AR7 Final Results with respect to
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–904]
Certain Activated Carbon From the
People’s Republic of China: Notice of
Court Decision Not in Harmony With
Final Results of Administrative Review
and Notice of Amended Final Results
Appendix
VerDate Sep<11>2014
millimeters (16 inches), with a wall thickness
of less than 1.65 millimeters (0.065 inches),
regardless of surface finish (black,
galvanized, or painted) or end-finish (plain
end, beveled end, threaded, or threaded and
coupled). These pipes and tubes are generally
known as standard pipes and tubes and are
intended for the low pressure conveyance of
water, steam, natural gas, air, and other
liquids and gases in plumbing and heating
systems, air conditioning units, automatic
sprinkling systems, and other related uses,
and generally meet ASTM A–53
specifications. Standard pipe may also be
used for light load-bearing applications, such
as for fence-tubing and as structural pipe
tubing used for framing and support
members for construction, or load-bearing
purposes in the construction, shipbuilding,
trucking, farm-equipment, and related
industries. Unfinished conduit pipe is also
included in this order.
All carbon steel pipes and tubes within the
physical description outlined above are
included within the scope of this order,
except line pipe, oil country tubular goods,
boiler tubing, mechanical tubing, pipe and
tube hollows for redraws, finished
scaffolding, and finished conduit. Standard
pipe that is dual or triple certified/stenciled
that enters the U.S. as line pipe of a kind or
used for oil and gas pipelines is also not
included in this investigation.
Imports of the products covered by this
order are currently classifiable under the
following Harmonized Tariff Schedule (HTS)
subheadings, 7306.30.10.00, 7306.30.50.25,
7306.30.50.32, 7306.30.50.40, 7306.30.50.55,
7306.30.50.85, 7306.30.50.90. Although the
HTS subheadings are provided for
convenience and customs purposes, our
written description of the scope of this order
is dispositive.
71369
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On December 17, 2019, the
Court of International Trade (the Court)
issued a final judgment in Jacobi
Carbons AB v. United States, Consol.
Court No. 15–00286; Slip Op. 19–159
(CIT December 17, 2019) (Jacobi AR7
IV), sustaining the Department of
Commerce’s (Commerce’s) third remand
results pertaining to the seventh
administrative review of the
antidumping duty order on certain
activated carbon from the People’s
AGENCY:
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1 See Certain Activated Carbon from the People’s
Republic of China: Final Results of Antidumping
Duty Administrative Review; 2013–2014, 80 FR
61172 (October 9, 2015) (AR7 Final Results) and
accompanying Issues and Decisions Memorandum
(IDM).
2 In the third administrative review of the Order,
Commerce found that Jacobi, Tianjin Jacobi
International Trading Co. Ltd., and Jacobi Carbons
Industry (Tianjin) are a single entity and, because
there were no changes to the facts which supported
that decision since that determination was made,
we continued to find these companies part of a
single entity for this administrative review. See
Certain Activated Carbon from the People’s
Republic of China: Final Results and Partial
Rescission of Third Antidumping Duty
Administrative Review, 76 FR 67142 (October 31,
2011) (AR3 Final Results); Certain Activated Carbon
from the People’s Republic of China; 2010–2011;
Final Results of Antidumping Duty Administrative
Review, 77 FR 67337 (November 9, 2012) (AR4
Final Results); Certain Activated Carbon from the
People’s Republic of China: Final Results of
Antidumping Duty Administrative Review; 2011–
2012, 78 FR 70533 (November 26, 2013) (AR5 Final
Results); and Certain Activated Carbon from the
People’s Republic of China: Final Results of
Antidumping Duty Administrative Review; 2012–
2013, 79 FR 70163 (November 25, 2014) (AR6 Final
Results).
3 The mandatory respondents are Jacobi and
Datong Juqiang Activated Carbon Co., Ltd.
(Juqiang).
E:\FR\FM\27DEN1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 248 (Friday, December 27, 2019)]
[Notices]
[Pages 71367-71369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27937]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-814]
Certain Circular Welded Non-Alloy Steel Pipe From Taiwan:
Preliminary Determination of No Shipments; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that there were no shipments of subject merchandise during the period
of review (POR) November 1, 2017 through October 31, 2018. We invite
interested parties to comment on these preliminary results.
DATES: Applicable December 27, 2019.
FOR FURTHER INFORMATION CONTACT: Chelsey Simonovich, 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) 482-1979.
SUPPLEMENTARY INFORMATION:
Background
On November 1, 2018, Commerce published in the Federal Register a
notice of opportunity to request an administrative review of the order
on certain circular welded non-alloy steel pipe (circular welded pipe)
from Taiwan for the POR.\1\ On November 30, 2018, Commerce received a
request for administrative review covering imports of circular welded
pipe from Taiwan, which was filed in proper form by Independence Tube
Corporation and Southland Tube (collectively, the petitioners).\2\
Commerce published the notice of initiation of this administrative
review on February 6, 2019, covering the two companies for which we
received a request for review.\3\
---------------------------------------------------------------------------
\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review, 83 FR 54912 (November 1, 2018).
\2\ See Petitioners' Letter, ``Certain Circular Welded Non-Alloy
Steel Pipe from Taiwan: Request for Administrative Review,'' dated
November 30, 2018.
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 2160 (February 6, 2019).
---------------------------------------------------------------------------
On December 26, 2018, Commerce received a notification of no
shipments from Founder Land.\4\ On March 4, 2019, Commerce received
notifications of no shipments from Shin Yang Steel Co., Ltd. (Shin
Yang), Tension Steel Enterprise Co., Ltd. (Tension Steel), Yieh Hsing
Enterprise Co., Ltd. (Yieh Hsing), and Yieh Phui Enterprise Co., Ltd.
(Yieh Phui).\5\ On August 5, 2019, Commerce made inquiries to U.S.
Customs and Border Protection (CBP) informing CBP that Commerce's
records indicated no shipments from Founder
[[Page 71368]]
Land, Shin Yang, Tension Steel, Yieh Hsing, or Yieh Phui and requested
that any CBP import officers aware of entries inform Commerce within
ten days.\6\ We received no notifications from CBP. On August 30, 2019,
Commerce published memoranda informing interested parties that we had
made an inquiry to CBP with regard to entries of subject merchandise
for the purposes of potential respondent selection. The results
indicated that there were no shipments of subject merchandise from
Taiwan as country of origin or country of export by Founder Land, Shin
Yang, Tension Steel, Yieh Hsing, or Yieh Phui into the United States
during the POR.\7\
---------------------------------------------------------------------------
\4\ See Founder Land's Letter, ``Certain Circular Welded Non-
Alloy Steel Pipe from Taiwan: Request for Administrative Review,''
dated December 26, 2018.
\5\ See Shin Yang's Letter, ``Certain Circular Welded Non-Alloy
Steel Pipe from Taiwan; No Shipment Certification,'' dated March 4,
2019; Tension Steel's Letter, ``Certain Circular Welded Non-Alloy
Steel Pipe from Taiwan; No Shipment Certification,'' dated March 4,
2019; Yieh Hsing's Letter, ``Certain Circular Welded Non-Alloy Steel
Pipe from Taiwan; No Shipment Certification,'' dated March 4, 2019;
and Yieh Phui's Letter, ``Certain Circular Welded Non-Alloy Steel
Pipe from Taiwan; No Shipment Certification,'' dated March 4, 2019.
\6\ See CBP Message 9241301, ``No shipments inquiry for certain
circular welded non-alloy steel pipe from Taiwan exported by Founder
Land Co., Ltd. (A-583-814),'' CBP Message 9214307, ``No shipments
inquiry for certain circular welded non-alloy steel pipe from Taiwan
exported by Shin Yang Steel Co., Ltd. (A-583-814),'' CBP Message
9214306, ``No shipments inquiry for certain circular welded non-
alloy steel pipe from Taiwan exported by Tension Steel Enterprise
Co., Ltd. (A-583-814),'' CBP Message 9213304, ``No shipments inquiry
for certain circular welded non-alloy steel pipe from Taiwan
exported by Yieh Hsing Enterprise Co., Ltd. (A-583-814),'' CBP
Message 9213307, ``No shipments inquiry for certain circular welded
non-alloy steel pipe from Taiwan exported by Yieh Phui Enterprise
Co., Ltd. (A-583-814),'' all dated March 20, 2019.
\7\ See Memoranda, ``No shipment inquiry with respect to the
company below during the period 11/01/2017 through 10/31/2018,''
dated August 301, 2019.
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Commerce exercised its discretion to toll all deadlines affected by
the partial federal government closure from December 22, 2018 through
the resumption of operations on January 28, 2019.\8\ On September 10,
2019, Commerce postponed the preliminary determination of this
administrative review, and the revised deadline is now December 10,
2019. This preliminary determination is made in accordance with section
751 of the Tariff Act of 1930, as amended (the Act).
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\8\ See Memorandum, ``Deadlines Affected by the Partial Shutdown
of the Federal Government,'' dated January 28, 2019. All deadlines
in this segment of the proceeding have been extended by 40 days. If
the new deadline falls on a non-business day, in accordance with
Commerce's practice, the deadline will become the next business day.
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Scope of the Order
The products covered by the order are circular welded pipe from
Taiwan. For a complete description of the scope of the order, see the
appendix to this notice.
Preliminary Determination of No Shipments
Based on record evidence, we preliminarily determine that Founder
Land, Shin Yang, Tension, Yieh Hsing, Yieh Phui had no shipments of
subject merchandise during the POR. With respect to Founder Land, Shin
Yang, Tension Steel, Yieh Hsing, and Yieh Phui, CBP stated that it did
not find any shipments of subject merchandise from these companies
during the POR.\9\
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\9\ See Founder Land's Letter, ``Certain Circular Welded Non-
Alloy Steel Pipe from Taiwan: Request for Administrative Review,''
dated December 25, 2018; see also Shin Yang's Letter, ``Certain
Circular Welded Non-Alloy Steel Pipe from Taiwan; No Shipment
Certification,'' dated March 4, 2019, Tension Steel's Letter,
``Certain Circular Welded Non-Alloy Steel Pipe from Taiwan; No
Shipment Certification,'' dated March 4, 2019, Yieh Hsing's Letter,
``Certain Circular Welded Non-Alloy Steel Pipe from Taiwan; No
Shipment Certification,'' dated March 4, 2019, and Yieh Phui's
Letter, ``Certain Circular Welded Non-Alloy Steel Pipe from Taiwan;
No Shipment Certification,'' dated March 4, 2019.
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Consistent with our practice, we find that it is not appropriate to
rescind the review with respect to these five companies, but rather to
complete the review and issue appropriate instructions to CBP based on
the final results of this review.\10\
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\10\ 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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Public Comment
Interested parties may submit case briefs to Commerce no later than
30 days after the date of publication of this notice.\11\ Rebuttal
briefs, limited to issues raised in the case briefs, may be filed not
later than five days after the date for filing case briefs.\12\
Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case
briefs or rebuttal briefs in this proceeding are encouraged to submit
with each argument: (1) A statement of the issue; (2) a brief summary
of the argument; and (3) a table of authorities.
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\11\ See 19 CFR 351.309(c)(1)(ii).
\12\ See 19 CFR 351.309(d).
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All submissions to Commerce must be filed electronically via
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS) and must also be served
on interested parties.\13\ ACCESS is available to registered users at
https://access.trade.gov and is available to all parties in the Central
Records Unit, Room B8024 of the main Commerce building. An
electronically filed document must be received successfully in its
entirety by 5:00 p.m. Eastern Time on the date that the document is
due.
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\13\ See 19 CFR 351.303(f).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
Commerce's electronic records system, ACCESS. An electronically filed
request must be received successfully in its entirety by 5:00 p.m.
Eastern Time within 30 days of the date of publication of this
notice.\14\ Requests should contain: (1) The party's name, address and
telephone number; (2) the number of participants; and (3) a list of
issues parties intend to discuss. Issues raised in the hearing will be
limited to those raised in the respective case and rebuttal briefs. If
a request for a hearing is made, Commerce intends to hold the hearing
at the U.S. Department of Commerce, 1401 Constitution Avenue NW,
Washington, DC 20230, at a date and time to be determined.\15\ Parties
should confirm the date, time, and location of the hearing two days
before the scheduled date.
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\14\ See 19 CFR 351.310(c).
\15\ See 19 CFR 351.310(d).
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Commerce intends to issue the final results of this administrative
review, including the results of its analysis of the issues raised in
any case or rebuttal briefs, no later than 120 days after the date of
publication of this notice, unless extended.\16\
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\16\ See section 751(a)(3)(A) of the Act; and 19 CFR 351.213(h).
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Assessment Rates
If we continue to find in the final results that Founder Land, Shun
Yang, Tension Steel, Yieh Hsing, and Yieh Phui had no shipments of
subject merchandise, for entries of subject merchandise during the POR
produced by Founder Land, Shun Yang, Tension Steel, Yieh Hsing, and
Yieh Phui for which these companies did not know that the merchandise
was destined for the United States, we will instruct CBP to liquidate
these entries at the all-others rate if there is no rate for the
intermediate company(ies) involved in the transaction.\17\
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\17\ For a full discussion of this clarification, see
Antidumping and Countervailing Duty Proceedings: Assessment of
Antidumping Duties, 68 FR 23954 (May 6, 2003).
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Commerce intends to issue appropriate assessment instructions to
CBP 15 days after publication of the final results of this review.
Cash Deposit Requirements
The following deposit requirements will be effective for all
shipments of the 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 by section
751(a)(2)(C) of the Act: (1) The
[[Page 71369]]
cash deposit rates for Founder Land, Shun Yang, Tension Steel, Yieh
Hsing, and Yieh Phui will remain unchanged from the rate assigned to
them in the most recently completed review of those companies; (2) for
merchandise exported by manufacturers or exporters not covered in this
review but covered in a prior segment of the proceeding, the cash
deposit rate will continue to be the company-specific rate published
for the most recently-completed segment; (3) if the exporter is not a
firm covered in this review, a prior review, or the original
investigation, but the manufacturer is, the cash deposit rate will be
the rate established for the most recently completed segment for the
manufacturer of the merchandise; and (4) the cash deposit rate for all
other manufacturers or exporters will continue to be 23.56 percent, the
all-others rate established in the less-than-fair-value
investigation.\18\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\18\ See Notice of Antidumping Duty Order: Circular Welded Non-
Alloy Steel Pipe from Taiwan, 57 FR 49454 (November 2, 1992).
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Notification to Importers
This notice serves as a preliminary 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 review period. Failure to comply
with this requirement may result in the presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4).
Dated: December 10, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Order
The products covered by this order are (1) circular welded non-
alloy steel pipes and tubes, of circular cross section over 114.3
millimeters (4.5 inches), but not over 406.4 millimeters (16 inches)
in outside diameter, with a wall thickness of 1.65 millimeters
(0.065 inches) or more, regardless of surface finish (black,
galvanized, or painted), or end-finish (plain end, beveled end,
threaded, or threaded and coupled); and (2) circular welded non-
alloy steel pipes and tubes, of circular cross-section less than
406.4 millimeters (16 inches), with a wall thickness of less than
1.65 millimeters (0.065 inches), regardless of surface finish
(black, galvanized, or painted) or end-finish (plain end, beveled
end, threaded, or threaded and coupled). These pipes and tubes are
generally known as standard pipes and tubes and are intended for the
low pressure conveyance of water, steam, natural gas, air, and other
liquids and gases in plumbing and heating systems, air conditioning
units, automatic sprinkling systems, and other related uses, and
generally meet ASTM A-53 specifications. Standard pipe may also be
used for light load-bearing applications, such as for fence-tubing
and as structural pipe tubing used for framing and support members
for construction, or load-bearing purposes in the construction,
shipbuilding, trucking, farm-equipment, and related industries.
Unfinished conduit pipe is also included in this order.
All carbon steel pipes and tubes within the physical description
outlined above are included within the scope of this order, except
line pipe, oil country tubular goods, boiler tubing, mechanical
tubing, pipe and tube hollows for redraws, finished scaffolding, and
finished conduit. Standard pipe that is dual or triple certified/
stenciled that enters the U.S. as line pipe of a kind or used for
oil and gas pipelines is also not included in this investigation.
Imports of the products covered by this order are currently
classifiable under the following Harmonized Tariff Schedule (HTS)
subheadings, 7306.30.10.00, 7306.30.50.25, 7306.30.50.32,
7306.30.50.40, 7306.30.50.55, 7306.30.50.85, 7306.30.50.90. Although
the HTS subheadings are provided for convenience and customs
purposes, our written description of the scope of this order is
dispositive.
[FR Doc. 2019-27937 Filed 12-26-19; 8:45 am]
BILLING CODE 3510-DS-P
