Circular Welded Carbon Quality Steel Pipe From the People's Republic of China; Certain Circular Welded Non-Alloy Steel Pipe From the Republic of Korea; Certain Welded Carbon Steel Standard Pipes and Tubes From India; Certain Circular Welded Carbon Steel Pipes and Tubes From Taiwan; Certain Circular Welded Non-Alloy Steel Pipe From Taiwan; Light-Walled Rectangular Pipe and Tube From the People's Republic of China; Light-Walled Rectangular Pipe and Tube From the Republic of Korea; Light-Walled Welded Rectangular Carbon Steel Tubing From Taiwan: Initiation of Circumvention Inquiries on the Antidumping and Countervailing Duty Orders, 47711-47714 [2022-16715]

Download as PDF jspears on DSK121TN23PROD with NOTICES Federal Register / Vol. 87, No. 149 / Thursday, August 4, 2022 / Notices of nails constructed of two or more pieces include, but are not limited to, anchors comprised of an anchor body made of zinc or nylon and a steel pin or a steel nail; crimp drive anchors; split-drive anchors, and strike pin anchors. Also included in the scope are anchors of one piece construction. Certain steel nails may be produced from any type of steel, and may have any type of surface finish, head type, shank, point type and shaft diameter. Finishes include, but are not limited to, coating in vinyl, zinc (galvanized, including but not limited to electroplating or hot dipping one or more times), phosphate, cement, and paint. Certain steel nails may have one or more surface finishes. Head styles include, but are not limited to, flat, projection, cupped, oval, brad, headless, double, countersunk, and sinker. Shank or shaft styles include, but are not limited to, smooth, barbed, screw threaded, ring shank and fluted. Screw-threaded nails subject to this proceeding are driven using direct force and not by turning the nail using a tool that engages with the head. Point styles include, but are not limited to, diamond, needle, chisel and blunt or no point. Certain steel nails may be sold in bulk, or they may be collated in any manner using any material. Excluded from the scope are certain steel nails packaged in combination with one or more non-subject articles, if the total number of nails of all types, in aggregate regardless of size, is less than 25. If packaged in combination with one or more non-subject articles, certain steel nails remain subject merchandise if the total number of nails of all types, in aggregate regardless of size, is equal to or greater than 25, unless otherwise excluded based on the other exclusions below. Also excluded from the scope are certain steel nails with a nominal shaft or shank length of one inch or less that are a component of an unassembled article, where the total number of nails is sixty (60) or less, and the imported unassembled article falls into one of the following eight groupings: (1) Builders’ joinery and carpentry of wood that are classifiable as windows, Frenchwindows and their frames; (2) builders’ joinery and carpentry of wood that are classifiable as doors and their frames and thresholds; (3) swivel seats with variable height adjustment; (4) seats that are convertible into beds (with the exception of those classifiable as garden seats or camping equipment); (5) seats of cane, osier, bamboo or similar materials; (6) other seats with wooden frames (with the exception of seats of a kind used for aircraft or motor vehicles); (7) furniture (other than seats) of wood (with the exception of (i) medical, surgical, dental or veterinary furniture; and (ii) barbers’ chairs and similar chairs, having rotating as well as both reclining and elevating movements); or (8) furniture (other than seats) of materials other than wood, metal, or plastics (e.g., furniture of cane, osier, bamboo or similar materials). The aforementioned imported unassembled articles are currently classified under the following Harmonized Tariff Schedule of the United States (HTSUS) subheadings: 4418.10, 4418.20, 9401.30, 9401.40, 9401.51, 9401.59, 9401.61, 9401.69, 9403.30, 9403.40, 9403.50, 9403.60, 9403.81 or 9403.89. VerDate Sep<11>2014 17:25 Aug 03, 2022 Jkt 256001 Also excluded from the scope of this investigation are nails suitable for use in powder-actuated hand tools, whether or not threaded, which are currently classified under HTSUS subheadings 7317.00.2000 and 7317.00.3000. Also excluded from the scope of this investigation are nails suitable for use in gasactuated hand tools. These nails have a case hardness greater than or equal to 50 on the Rockwell Hardness C scale (HRC), a carbon content greater than or equal to 0.5 percent, a round head, a secondary reduced-diameter raised head section, a centered shank, and a smooth symmetrical point. Also excluded from the scope of this investigation are corrugated nails. A corrugated nail is made up of a small strip of corrugated steel with sharp points on one side. Also excluded from the scope of this investigation are thumb tacks, which are currently classified under HTSUS subheading 7317.00.1000. Also excluded from the scope are decorative or upholstery tacks. Certain steel nails subject to this investigation are currently classified under HTSUS subheadings 7317.00.5501, 7317.00.5502, 7317.00.5503, 7317.00.5505, 7317.00.5507, 7317.00.5508, 7317.00.5511, 7317.00.5518, 7317.00.5519, 7317.00.5520, 7317.00.5530, 7317.00.5540, 7317.00.5550, 7317.00.5560, 7317.00.5570, 7317.00.5580, 7317.00.5590, 7317.00.6530, 7317.00.6560, and 7317.00.7500. Certain steel nails subject to this investigation also may be classified under HTSUS subheadings 7318.15.5090, 7907.00.6000, 8206.00.0000, or other HTSUS subheadings. While the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this investigation is dispositive. Appendix II—List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Affiliation V. Use of Facts Available with Adverse Inferences VI. Discussion of the Methodology VII. Currency Conversion VIII. Recommendation [FR Doc. 2022–16720 Filed 8–3–22; 8:45 am] BILLING CODE 3510–DS–P PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 47711 DEPARTMENT OF COMMERCE International Trade Administration [A–570–910, C–570–911, A–580–809, A–583– 008, A–583–814, A–533–502, A–570–914, C– 570–915, A–580–859, A–583–803] Circular Welded Carbon Quality Steel Pipe From the People’s Republic of China; Certain Circular Welded NonAlloy Steel Pipe From the Republic of Korea; Certain Welded Carbon Steel Standard Pipes and Tubes From India; Certain Circular Welded Carbon Steel Pipes and Tubes From Taiwan; Certain Circular Welded Non-Alloy Steel Pipe From Taiwan; Light-Walled Rectangular Pipe and Tube From the People’s Republic of China; LightWalled Rectangular Pipe and Tube From the Republic of Korea; LightWalled Welded Rectangular Carbon Steel Tubing From Taiwan: Initiation of Circumvention Inquiries on the Antidumping and Countervailing Duty Orders Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: In response to requests from Atlas Tube Inc., Bull Moose Tube Company, Maruichi American Corporation, Nucor Tubular Products Inc., Searing Industries, Vest Inc., Wheatland Tube Company, and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL–CIO, CLC (collectively, the domestic interested parties), the U.S. Department of Commerce (Commerce) is initiating country-wide circumvention inquiries to determine whether imports of circular welded carbon quality steel pipe from the People’s Republic of China (China) (CWP China), certain circular welded non-alloy steel pipe from the Republic of Korea (Korea) (CWP Korea), certain welded carbon steel standard pipes and tubes from India (pipe and tube India), certain circular welded carbon steel pipes and tubes from Taiwan (pipe and tube Taiwan), certain circular welded nonalloy steel pipe from Taiwan (CWP Taiwan), light-walled rectangular pipe and tube from China (LWRPT China), light-walled rectangular pipe and tube from Korea (LWRPT Korea), and lightwalled welded rectangular carbon steel tubing (LWR tubing Taiwan), which are completed in the Socialist Republic of Vietnam (Vietnam) from hot-rolled steel (HRS) produced in China, Korea, India, or Taiwan are circumventing the respective antidumping duty (AD) and countervailing duty (CVD) orders on AGENCY: E:\FR\FM\04AUN1.SGM 04AUN1 47712 Federal Register / Vol. 87, No. 149 / Thursday, August 4, 2022 / Notices CWP China, CWP Korea, pipe and tube India, pipe and tube Taiwan, CWP Taiwan, LWRPT China, LWRPT Korea, and LWR tubing Taiwan. DATES: Applicable August 4, 2022. FOR FURTHER INFORMATION CONTACT: Krisha Hill at (202) 482–4037 (CWP China, AD/CVD Operations, Office IV); Andre Gziryan at (202) 482–2201 (CWP Korea, AD/CVD Operations, Office I); Dmitry Vladimirov at (202) 482–0665 (Pipe and Tube India, AD/CVD Operations, Office I); Nicolas Mayora at (202) 482–3053 (Pipe and Tube Taiwan, AD/CVD Operations, Office V); Preston Cox and Scarlet Jaldin at (202) 482–5041 and (202) 482–4275, respectively (CWP Taiwan, AD/CVD Operations, Office VI); Reginald Anadio at (202) 482–3166, (LWRPT China, AD/CVD Operations, Office IV); Carolyn Adie at (202) 482– 6250 (LWRPT Korea, AD/CVD Operations, Office VI); and Bryan Hansen at (202) 482–3683 (LWR tubing Taiwan, AD/CVD Operations, Office I); Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: jspears on DSK121TN23PROD with NOTICES Background On May 17, 2022, pursuant to section 781(b) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.226(i), domestic interested parties filed circumvention inquiry requests alleging that CWP, pipe and tube, LWRPT, and LWR tubing completed in Vietnam using HRS manufactured in China, India, Korea, or Taiwan are circumventing the Orders 1 on pipe 1 See Notice of Antidumping Duty Order: Circular Welded Carbon Quality Steel Pipe from the People’s Republic of China, 73 FR 42547 (July 22, 2008); see also Circular Welded Carbon Quality Steel Pipe from the People’s Republic of China: Notice of Amended Final Affirmative Countervailing Duty Determination and Notice of Countervailing Duty Order, 73 FR 42545 (July 22, 2008); Final Determination of Sales at Less Than Fair Value: Certain Welded Non-Alloy Steel Pipe and Tube from the Republic of Korea, 57 FR 42942 (September 17, 1992), as amended by Notice of Antidumping Orders: Certain Circular Welded NonAlloy Steel Pipe from Brazil, the Republic of Korea (Korea), Mexico, and Venezuela, and Amendment to Final Determination of Sales at Less Than Fair Value: Certain Circular Welded Non-Alloy Steel Pipe from Korea, 57 FR 49453 (November 2, 1992); Certain Circular Welded Carbon Steel Pipes and Tubes from Taiwan: Antidumping Duty Order, 49 FR 19369 (May 7, 1984); Notice of Antidumping Duty Order: Circular Welded Non-Alloy Steel Pipe from Taiwan, 57 FR 49454 (November 2, 1992); Certain Welded Carbon Steel Standard Pipes and Tubes from India, 51 FR 17384 (May 12, 1986); Antidumping Duty Order; Light-Walled Welded Rectangular Carbon Steel Tubing from Taiwan, 54 FR 12467 (March 27, 1989); Light-Walled Rectangular Pipe and Tube from Mexico, the People’s Republic of China, and the Republic of VerDate Sep<11>2014 17:25 Aug 03, 2022 Jkt 256001 products from those countries and, accordingly, should be included within the scope of the Orders.2 On June 2, 2022, SeAH Steel VINA Corporation (SeAH VINA) filed opposition comments in response to the domestic interested parties’ request regarding the CWP and pipe and tube allegations; the comments did not address the LWRPT and LWR tubing allegations.3 On June 13, 2022, we extended the deadline to initiate these circumvention inquiries by 15 days, in accordance with 19 CFR 351.226(d)(1).4 On June 21, 2022, we issued supplemental questionnaires to the domestic interested parties.5 On Korea: Antidumping Duty Orders; Light-Walled Rectangular Pipe and Tube from the Republic of Korea: Notice of Amended Final Determination of Sales at Less than Fair Value, 73 FR 45403 (August 5, 2008); and Light-Walled Rectangular Pipe and Tube from the People’s Republic of China: Notice of Countervailing Duty Order, 73 FR 45405 (August 5, 2008) (collectively, Orders). 2 See Domestic Interested Parties’ Letters, ‘‘Circular Welded Carbon Quality Steel Pipe from the People’s Republic of China—Request for Circumvention Inquiry’’; ‘‘Certain Circular Welded Non-Alloy Steel Pipe from the Republic of Korea— Request for Circumvention Inquiry’’; ‘‘Certain Circular Welded Carbon Steel Pipes and Tubes from Taiwan (A–583–008) and Circular Welded NonAlloy Steel Pipe from Taiwan (A–583–814)— Request for Circumvention Inquiries’’; ‘‘Certain Welded Carbon Steel Standard Pipes and Tubes from India—Request for Circumvention Inquiry’’; ‘‘Light-Walled Rectangular Pipe and Tube from the People’s Republic of China—Request for Circumvention Inquiry’’; ‘‘Light-Walled Rectangular Pipe and Tube from the Republic of Korea: Request For Circumvention Inquiry’’; and ‘‘Light-Walled Welded Rectangular Carbon Steel Tubing from Taiwan: Request for a Circumvention Inquiry,’’ all dated May 17, 2022. 3 See SeAH VINA’s Letter, ‘‘Certain Circular Welded Carbon Quality Steel Pipe and Certain Circular Welded Non Alloy Steel Pipe from China, Korea, Taiwan, and India—Comments in Opposition to Initiation of Anticircumvention Inquiries,’’ dated June 2, 2022 (SeAH VINA’s Comments). 4 See Memorandum, ‘‘Circular Welded Carbon Quality Steel Pipe from the People’s Republic of China (A–570–910 and C–570–911): Extension of Time to Determine Whether to Initiate Circumvention Inquiry,’’ dated June 13, 2022. 5 See Commerce’s Letters, ‘‘Circumvention Inquiry of Circular Welded Carbon Quality Steel Pipe from the People’s Republic of China (A–570– 910, C–570–911): Supplemental Questionnaire’’; ‘‘Circumvention Inquiry of Certain Circular Welded Non-Alloy Steel Pipe from the Republic of Korea (A–580–809): Supplemental Questionnaire’’; ‘‘Circumvention Inquiry of Certain Circular Welded Carbon Steel Pipes and Tubes from Taiwan (A–583– 008) and Circular Welded Non-Alloy Steel Pipe from Taiwan (A–583–814): Supplemental Questionnaire’’; ‘‘Circumvention Inquiry of Certain Welded Carbon Steel Standard Pipes and Tubes from India (A–533–502): Supplemental Questionnaire’’; ‘‘Circumvention Inquiry of LightWalled Rectangular Pipe and Tube from the People’s Republic of China (A–570–914, C–570– 915): Supplemental Questionnaire,’’ (LWRPT China Supplemental); ‘‘Circumvention Inquiry of LightWalled Rectangular Pipe and Tube from Korea (A– 580–859): Supplemental Questionnaire’’; and ‘‘Circumvention Inquiry of Light-Walled Welded Rectangular Carbon Steel Tubing from Taiwan (A– 583–803): Supplemental Questionnaire,’’ all dated PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 June 28, 2022, the domestic interested parties filed their responses to our supplemental questionnaires.6 On July 1, 2022, Commerce clarified that we issued the supplemental questionnaires because we had found that the requests to conduct circumvention inquiries were insufficient for purposes of initiation, in accordance with 19 CFR 351.226(d)(1)(i). Additionally, we clarified that we consider the initial requests and supplementary information together to constitute the applications for circumvention inquires, and that based on the date that the domestic parties filed the supplemental information, we consider the inquiry requests to have been filed on June 28, 2022.7 On July 20, 2022, Vietnam Haiphong Hongyuan Machinery Manufactory Co., Ltd. (Vietnam Haiphong) filed opposition comments in response to the domestic interested parties’ request regarding CWP from China.8 Scope of the Orders Please see each respective Circumvention Initiation Memorandum for a complete description of the scope of Orders.9 June 21, 2022. Please note, LWRPT China Supplemental was uploaded on June 22, 2022. 6 See Domestic Interested Parties’ Letters, ‘‘Certain Circular Welded Non-Alloy Steel Pipe from the Republic of Korea—Response to Supplemental Questionnaire’’; ‘‘Certain Circular Welded Carbon Steel Pipes and Tubes from Taiwan (A–583–008) and Circular Welded Non-Alloy Steel Pipe from Taiwan (A–583–814)—Response to Supplemental Questionnaire’’; ‘‘Certain Welded Carbon Steel Standard Pipes and Tubes from India—Response to Supplemental Questionnaire’’; ‘‘Light-Walled Rectangular Pipe and Tube from the People’s Republic of China—Circumvention Inquiry Supplemental Questionnaire Response’’; ‘‘LightWalled Rectangular Pipe and Tube from the Republic of Korea—Response to Supplemental Questionnaire’’; and ‘‘Light-Walled Welded Rectangular Carbon Steel Tubing from Taiwan— Response to Supplemental Questionnaire,’’ all dated June 28, 2022 (Supplemental Responses). 7 See Commerce’s Letter, ‘‘Circumvention Inquiries on Circular and Rectangular Pipe and Tube Products from China, India, Korea, and Taiwan,’’ dated July 1, 2022. 8 See Vietnam Haiphong’s Letter, ‘‘Circular Welded Carbon Quality Steel Pipe from People Republic of China: Vietnam Haiphong Hongyuan Machinery Manufactory Co., Ltd.’s Comments on the Request for Circumvention Inquiry,’’ dated July 20, 2022. 9 For a complete description of the scope of the Orders, see Memoranda, ‘‘Circular Welded Carbon Quality Steel Pipe from the People’s Republic of China: Initiation of Circumvention Inquiry on the Antidumping Duty and Countervailing Duty Orders’’; see also ‘‘Certain Circular Welded NonAlloy Steel Pipe from the Republic of Korea: Initiation of Circumvention Inquiry on the Antidumping Duty Order’’; ‘‘Certain Welded Carbon Steel Standard Pipes and Tubes from India: Initiation of Circumvention Inquiry on the Antidumping Duty Order’’; ‘‘Certain Circular Welded Carbon Steel Pipes and Tubes from Taiwan: Initiation of Circumvention Inquiry on the E:\FR\FM\04AUN1.SGM 04AUN1 Federal Register / Vol. 87, No. 149 / Thursday, August 4, 2022 / Notices Merchandise Subject to the Circumvention Inquiries These circumvention inquiries cover CWP China, CWP Korea, pipe and tube India, pipe and tube Taiwan, CWP Taiwan, LWRPT China, LWRPT Korea, and LWR tubing Taiwan, completed in Vietnam using Chinese, Indian, Korean, or Taiwan-produced HRS and subsequently exported from Vietnam to the United States. jspears on DSK121TN23PROD with NOTICES Initiation of Circumvention Inquiries Section 351.226(d) of Commerce’s regulations states that if Commerce determines that a request for a circumvention inquiry satisfies the requirements of 19 CFR 351.226(c), then Commerce ‘‘will accept the request and initiate a circumvention inquiry.’’ Section 351.226(c)(1) of Commerce’s regulations, in turn, requires that each circumvention inquiry request alleges ‘‘that the elements necessary for a circumvention determination under section 781 of the Act exist’’ and be ‘‘accompanied by information reasonably available to the interested party supporting these allegations.’’ The domestic interested parties alleged circumvention pursuant to section 781(b) of the Act, which pertains to merchandise completed or assembled in other foreign countries. Section 781(b)(1) of the Act provides that Commerce may find circumvention of an AD order when merchandise of the same class or kind subject to the order is completed or assembled in a foreign country other than the country to which the order applies. In conducting a circumvention inquiry, under section 781(b)(1) of the Act, Commerce relies on the following criteria: (A) merchandise imported into the United States is of the same class or kind as any merchandise produced in a foreign country that is the subject of an AD or CVD order or finding; (B) before importation into the United States, such imported merchandise is completed or assembled in another foreign country from merchandise which is subject to the order or merchandise which is produced in the foreign country that is subject to the order; (C) the process of Antidumping Duty Order’’; ‘‘Circular Welded NonAlloy Steel Pipe from Taiwan: Initiation of Circumvention Inquiry on the Antidumping Duty Order’’; ‘‘Light-Walled Rectangular Pipe and Tube from the People’s Republic of China: Initiation of Circumvention Inquiry on the Antidumping Duty and Countervailing Duty Orders’’; ‘‘Light-Walled Rectangular Pipe and Tube from Korea: Initiation of Circumvention Inquiry on the Antidumping Duty Order’’; and ‘‘Light-Walled Welded Rectangular Carbon Steel Tubing from Taiwan: Initiation of Circumvention Inquiry on the Antidumping Duty Order,’’ (collectively, Circumvention Initiation Memoranda). VerDate Sep<11>2014 17:25 Aug 03, 2022 Jkt 256001 assembly or completion in the foreign country referred to in section (B) is minor or insignificant; (D) the value of the merchandise produced in the foreign country to which the AD or CVD order applies is a significant portion of the total value of the merchandise exported to the United States; and (E) the administering authority determines that action is appropriate to prevent evasion of such order or finding. In determining whether the process of assembly or completion in a third country is minor or insignificant under section 781(b)(1)(C) of the Act, section 781(b)(2) of the Act directs Commerce to consider: (A) the level of investment in the foreign country; (B) the level of research and development in the foreign country; (C) the nature of the production process in the foreign country; (D) the extent of production facilities in the foreign country; and (E) whether or not the value of processing performed in the foreign country represents a small proportion of the value of the merchandise imported into the United States. However, no single factor, by itself, controls Commerce’s determination of whether the process of assembly or completion in a third country is minor or insignificant.10 Accordingly, it is Commerce’s practice to evaluate each of these five factors, depending on the totality of the circumstances of the particular circumvention inquiry.11 In addition, section 781(b)(3) of the Act sets forth additional factors to consider in determining whether to include merchandise assembled or completed in a third country within the scope of an AD or CVD order. Specifically, Commerce shall take into account such factors as: (A) the pattern of trade, including sourcing patterns; (B) whether the manufacturer or exporter of the merchandise is affiliated with the person who, in the third country, uses the merchandise to complete or assemble the merchandise which is subsequently imported into the United States; and (C) whether imports of the merchandise into the third country have increased after the initiation of the investigation that resulted in the issuance of such order or finding. Based on our analysis of the domestic interested parties’ circumvention 10 See Statement of Administrative Action Accompanying the Uruguay Round Agreements Act, H.R. Doc. No. 103–316, Vol. 1 (1994) (SAA), at 893. 11 See Uncovered Innerspring Units from the People’s Republic of China: Final Affirmative Determination of Circumvention of the Antidumping Duty Order, 83 FR 65626 (December 21, 2018), and accompanying Issues and Decision Memorandum, at 4. PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 47713 requests, Commerce determines that the domestic interested parties have satisfied the criteria under 19 CFR 351.226(c) to warrant the initiations of circumvention inquiries of these Orders. Therefore, pursuant to 19 CFR 351.226(d)(1)(ii), we are initiating the requested circumvention inquiries. For a full discussion of the basis for our decisions to initiate these circumvention inquiries, see each respective Circumvention Initiation Memorandum.12 As explained in the Circumvention Initiation Memoranda, the information provided by domestic interested parties in this instance warrants initiating these circumvention inquiries on a country-wide basis. Commerce has taken this approach in prior circumvention inquiries, where the facts warranted initiation on a country-wide basis.13 Consistent with the approach in the prior circumvention inquiries that were initiated on a country-wide basis, Commerce intends to issue questionnaires to solicit information from producers and exporters in Vietnam concerning their shipments of CWP China, CWP Korea, pipe and tube India, pipe and tube Taiwan, CWP Taiwan, LWRPT China, LWRPT Korea, and LWR tubing Taiwan, made respectively from Chinese, Indian, Korean, or Taiwan-origin HRS to the United States. A company’s failure to respond completely to Commerce’s requests for information may result in the application of partial or total facts available, pursuant to section 776(a) of the Act, which may include adverse inferences, pursuant to section 776(b) of the Act. Suspension of Liquidation Pursuant to 19 CFR 351.226(l)(1), Commerce will notify U.S. Customs and Border Protection (CBP) of the initiation 12 See Circumvention Initiation Memoranda. These memoranda are public documents and available electronically online via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). 13 See, e.g., Certain Corrosion-Resistant Steel Products from the Republic of Korea and Taiwan: Initiation of Anti-Circumvention Inquiries on the Antidumping Duty and Countervailing Duty Orders, 83 FR 37785 (August 2, 2018); Carbon Steel ButtWeld Pipe Fittings from the People’s Republic of China: Initiation of Anti-Circumvention Inquiry on the Antidumping Duty Order, 82 FR 40556, 40560 (August 25, 2017) (stating at initiation that Commerce would evaluate the extent to which a country-wide finding applicable to all exports might be warranted); and Certain CorrosionResistant Steel Products from the People’s Republic of China: Initiation of Anti-Circumvention Inquiries on the Antidumping Duty and Countervailing Duty Orders, 81 FR 79454, 79458 (November 14, 2016) (stating at initiation that Commerce would evaluate the extent to which a country-wide finding applicable to all exports might be warranted). E:\FR\FM\04AUN1.SGM 04AUN1 47714 Federal Register / Vol. 87, No. 149 / Thursday, August 4, 2022 / Notices and direct CBP to continue the suspension of liquidation of entries of products subject to the circumvention inquiries that were already subject to the suspension of liquidation under the Orders. Should Commerce issue preliminary or final circumvention determinations, Commerce will follow the suspension of liquidation rules under 19 CFR 351.226(l)(2)–(4). In accordance with 19 CFR 351.226(d) and section 781(b) of the Act, Commerce determines that the domestic interested parties’ requests for these circumvention inquiries satisfy the requirements of 19 CFR 351.226(c). Accordingly, Commerce is notifying all interested parties of the initiation of these circumvention inquiries to determine whether certain imports of CWP China, CWP Korea, pipe and tube India, pipe and tube Taiwan, CWP Taiwan, LWRPT China, LWRPT Korea, and LWR tubing Taiwan, completed in and exported from Vietnam using HRS inputs manufactured respectively in China, Korea, India, or Taiwan, are circumventing the Orders. In addition, we have included a description of the products that are the subject of these inquiries, and an explanation of the reasons for Commerce’s decision to initiate these inquiries as provided above and in the accompanying Circumvention Initiation Memoranda.14 In accordance with 19 CFR 351.226(e)(2), Commerce intends to issue its final circumvention determination within 300 days from the date of publication of the notice of initiation of a circumvention inquiry in the Federal Register. This notice is published in accordance with section 781(b) of the Act and 19 CFR 351.226(d)(1)(ii). Dated: July 28, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. jspears on DSK121TN23PROD with NOTICES Appendix—List of Topics Discussed in the Circumvention Initiation Memoranda I. Summary II. Background III. Scope of the Order IV. Merchandise Subject to the Circumvention Inquiry V. Statutory and Regulatory Framework for Circumvention Inquiry VI. Statutory Analysis for the Circumvention Inquiry VII. Comments Opposing the Initiation of Circumvention Initiation Memoranda. VerDate Sep<11>2014 17:25 Aug 03, 2022 Jkt 256001 [FR Doc. 2022–16715 Filed 8–3–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–026] Notification to Interested Parties 14 See Circumvention Inquiry 15 VIII. Country-Wide Circumvention Inquiry IX. Recommendation Corrosion-Resistant Steel Products From the People’s Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2020– 2021 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily determines that Metalco S.A. (Metalco), the sole company subject to this administrative review of the antidumping duty (AD) order on corrosion-resistant steel products (CORE) from the People’s Republic of China (China), is part of the China-wide entity because it did not file a separate rate application (SRA). The period of review (POR) is July 1, 2020, through June 30, 2021. We invite interested parties to comment on these preliminary results. DATES: Applicable August 4, 2022. FOR FURTHER INFORMATION CONTACT: Gene H. Calvert, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3586. SUPPLEMENTARY INFORMATION: AGENCY: Background On July 25, 2016, Commerce published the AD order on CORE from China in the Federal Register.1 On July 1, 2021, Commerce published a notice of opportunity to request an 15 As Commerce did not receive comments with regard to the LWRPT allegations, this section is not present in those initiation memoranda. 1 See Certain Corrosion-Resistant Steel Products from India, Italy, the People’s Republic of China, the Republic of Korea and Taiwan: Amended Final Affirmative Antidumping Determination for India and Taiwan, and Antidumping Duty Orders, 81 FR 48390 (July 25, 2016) (Order). The Order was subsequently modified to correct unintended errors regarding the estimated weighted-average dumping margins for China and the date that the extended period of provisional measures expired. See Certain Corrosion-Resistant Steel Products from India, Italy, the People’s Republic of China, the Republic of Korea, and Taiwan; Notice of Correction to the Antidumping Duty Orders, 81 FR 58475 (August 25, 2016) (Corrected Order). PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 administrative review of the Order covering the POR.2 On September 7, 2021, in response to a timely request from California Steel Industries, Cleveland-Cliffs Inc., Nucor Corporation, Steel Dynamics, Inc., and United States Steel Corporation (collectively, Domestic Interested Parties),3 Commerce initiated an administrative review of the Order with respect to Metalco.4 On September 24, 2021, we placed on the record U.S. Customs and Border Protection (CBP) entry data under administrative protective order (APO) for all interested parties having APO access.5 The deadline for Metalco to submit a no-shipment certification or SRA 6 was October 7, 2021.7 Metalco did not submit a no-shipment certification or an SRA. Scope of the Order The products covered by this order are certain flat-rolled steel products, either clad, plated, or coated with corrosion-resistant metals such as zinc, aluminum, or zinc-, aluminum-, nickelor iron-based alloys, whether or not corrugated or painted, varnished, laminated, or coated with plastics or other non-metallic substances in addition to the metallic coating. The products covered include coils that have a width of 12.7 mm or greater, regardless of form of coil (e.g., in successively superimposed layers, spirally oscillating, etc.). The products covered also include products not in coils (e.g., in straight lengths) of a thickness less than 4.75 mm and a width that is 12.7 mm or greater and 2 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 86 FR 35065 (July 1, 2021). 3 See Domestic Interested Parties’ Letter, ‘‘Corrosion-Resistant Steel Products from the People’s Republic of China: Request for Administrative Review of Antidumping Duty Order,’’ dated July 30, 2021. 4 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 86 FR 50034 (September 7, 2021) (Initiation Notice). 5 See Memorandum, ‘‘Administrative Review of the Antidumping Duty Order on CorrosionResistant Steel Products from the People’s Republic of China, 2020–2021: Release of U.S. Customs and Border Protection (CBP) Data,’’ dated September 24, 2021. 6 Metalco currently does not have a separate rate with respect to this AD order, and, therefore, was not eligible to file a separate rate certification. 7 See Initiation Notice, 86 FR at 50034 (‘‘If a producer or exporter named in this notice of initiation had no exports, sales, or entries during the period of review (POR), it must notify Commerce within 30 days of publication of this notice in the Federal Register. . . . Separate Rate Applications are due to Commerce no later than 30 calendar days after publication of this Federal Register notice.’’). Thirty calendar days after the Initiation Notice published in the Federal Register was October 7, 2021. E:\FR\FM\04AUN1.SGM 04AUN1

Agencies

[Federal Register Volume 87, Number 149 (Thursday, August 4, 2022)]
[Notices]
[Pages 47711-47714]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16715]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-910, C-570-911, A-580-809, A-583-008, A-583-814, A-533-502, A-
570-914, C-570-915, A-580-859, A-583-803]


Circular Welded Carbon Quality Steel Pipe From the People's 
Republic of China; Certain Circular Welded Non-Alloy Steel Pipe From 
the Republic of Korea; Certain Welded Carbon Steel Standard Pipes and 
Tubes From India; Certain Circular Welded Carbon Steel Pipes and Tubes 
From Taiwan; Certain Circular Welded Non-Alloy Steel Pipe From Taiwan; 
Light-Walled Rectangular Pipe and Tube From the People's Republic of 
China; Light-Walled Rectangular Pipe and Tube From the Republic of 
Korea; Light-Walled Welded Rectangular Carbon Steel Tubing From Taiwan: 
Initiation of Circumvention Inquiries on the Antidumping and 
Countervailing Duty Orders

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: In response to requests from Atlas Tube Inc., Bull Moose Tube 
Company, Maruichi American Corporation, Nucor Tubular Products Inc., 
Searing Industries, Vest Inc., Wheatland Tube Company, and the United 
Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied 
Industrial and Service Workers International Union, AFL-CIO, CLC 
(collectively, the domestic interested parties), the U.S. Department of 
Commerce (Commerce) is initiating country-wide circumvention inquiries 
to determine whether imports of circular welded carbon quality steel 
pipe from the People's Republic of China (China) (CWP China), certain 
circular welded non-alloy steel pipe from the Republic of Korea (Korea) 
(CWP Korea), certain welded carbon steel standard pipes and tubes from 
India (pipe and tube India), certain circular welded carbon steel pipes 
and tubes from Taiwan (pipe and tube Taiwan), certain circular welded 
non-alloy steel pipe from Taiwan (CWP Taiwan), light-walled rectangular 
pipe and tube from China (LWRPT China), light-walled rectangular pipe 
and tube from Korea (LWRPT Korea), and light-walled welded rectangular 
carbon steel tubing (LWR tubing Taiwan), which are completed in the 
Socialist Republic of Vietnam (Vietnam) from hot-rolled steel (HRS) 
produced in China, Korea, India, or Taiwan are circumventing the 
respective antidumping duty (AD) and countervailing duty (CVD) orders 
on

[[Page 47712]]

CWP China, CWP Korea, pipe and tube India, pipe and tube Taiwan, CWP 
Taiwan, LWRPT China, LWRPT Korea, and LWR tubing Taiwan.

DATES: Applicable August 4, 2022.

FOR FURTHER INFORMATION CONTACT: Krisha Hill at (202) 482-4037 (CWP 
China, AD/CVD Operations, Office IV); Andre Gziryan at (202) 482-2201 
(CWP Korea, AD/CVD Operations, Office I); Dmitry Vladimirov at (202) 
482-0665 (Pipe and Tube India, AD/CVD Operations, Office I); Nicolas 
Mayora at (202) 482-3053 (Pipe and Tube Taiwan, AD/CVD Operations, 
Office V); Preston Cox and Scarlet Jaldin at (202) 482-5041 and (202) 
482-4275, respectively (CWP Taiwan, AD/CVD Operations, Office VI); 
Reginald Anadio at (202) 482-3166, (LWRPT China, AD/CVD Operations, 
Office IV); Carolyn Adie at (202) 482-6250 (LWRPT Korea, AD/CVD 
Operations, Office VI); and Bryan Hansen at (202) 482-3683 (LWR tubing 
Taiwan, AD/CVD Operations, Office I); Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On May 17, 2022, pursuant to section 781(b) of the Tariff Act of 
1930, as amended (the Act) and 19 CFR 351.226(i), domestic interested 
parties filed circumvention inquiry requests alleging that CWP, pipe 
and tube, LWRPT, and LWR tubing completed in Vietnam using HRS 
manufactured in China, India, Korea, or Taiwan are circumventing the 
Orders \1\ on pipe products from those countries and, accordingly, 
should be included within the scope of the Orders.\2\ On June 2, 2022, 
SeAH Steel VINA Corporation (SeAH VINA) filed opposition comments in 
response to the domestic interested parties' request regarding the CWP 
and pipe and tube allegations; the comments did not address the LWRPT 
and LWR tubing allegations.\3\ On June 13, 2022, we extended the 
deadline to initiate these circumvention inquiries by 15 days, in 
accordance with 19 CFR 351.226(d)(1).\4\ On June 21, 2022, we issued 
supplemental questionnaires to the domestic interested parties.\5\ On 
June 28, 2022, the domestic interested parties filed their responses to 
our supplemental questionnaires.\6\ On July 1, 2022, Commerce clarified 
that we issued the supplemental questionnaires because we had found 
that the requests to conduct circumvention inquiries were insufficient 
for purposes of initiation, in accordance with 19 CFR 351.226(d)(1)(i). 
Additionally, we clarified that we consider the initial requests and 
supplementary information together to constitute the applications for 
circumvention inquires, and that based on the date that the domestic 
parties filed the supplemental information, we consider the inquiry 
requests to have been filed on June 28, 2022.\7\ On July 20, 2022, 
Vietnam Haiphong Hongyuan Machinery Manufactory Co., Ltd. (Vietnam 
Haiphong) filed opposition comments in response to the domestic 
interested parties' request regarding CWP from China.\8\
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    \1\ See Notice of Antidumping Duty Order: Circular Welded Carbon 
Quality Steel Pipe from the People's Republic of China, 73 FR 42547 
(July 22, 2008); see also Circular Welded Carbon Quality Steel Pipe 
from the People's Republic of China: Notice of Amended Final 
Affirmative Countervailing Duty Determination and Notice of 
Countervailing Duty Order, 73 FR 42545 (July 22, 2008); Final 
Determination of Sales at Less Than Fair Value: Certain Welded Non-
Alloy Steel Pipe and Tube from the Republic of Korea, 57 FR 42942 
(September 17, 1992), as amended by Notice of Antidumping Orders: 
Certain Circular Welded Non-Alloy Steel Pipe from Brazil, the 
Republic of Korea (Korea), Mexico, and Venezuela, and Amendment to 
Final Determination of Sales at Less Than Fair Value: Certain 
Circular Welded Non-Alloy Steel Pipe from Korea, 57 FR 49453 
(November 2, 1992); Certain Circular Welded Carbon Steel Pipes and 
Tubes from Taiwan: Antidumping Duty Order, 49 FR 19369 (May 7, 
1984); Notice of Antidumping Duty Order: Circular Welded Non-Alloy 
Steel Pipe from Taiwan, 57 FR 49454 (November 2, 1992); Certain 
Welded Carbon Steel Standard Pipes and Tubes from India, 51 FR 17384 
(May 12, 1986); Antidumping Duty Order; Light-Walled Welded 
Rectangular Carbon Steel Tubing from Taiwan, 54 FR 12467 (March 27, 
1989); Light-Walled Rectangular Pipe and Tube from Mexico, the 
People's Republic of China, and the Republic of Korea: Antidumping 
Duty Orders; Light-Walled Rectangular Pipe and Tube from the 
Republic of Korea: Notice of Amended Final Determination of Sales at 
Less than Fair Value, 73 FR 45403 (August 5, 2008); and Light-Walled 
Rectangular Pipe and Tube from the People's Republic of China: 
Notice of Countervailing Duty Order, 73 FR 45405 (August 5, 2008) 
(collectively, Orders).
    \2\ See Domestic Interested Parties' Letters, ``Circular Welded 
Carbon Quality Steel Pipe from the People's Republic of China--
Request for Circumvention Inquiry''; ``Certain Circular Welded Non-
Alloy Steel Pipe from the Republic of Korea--Request for 
Circumvention Inquiry''; ``Certain Circular Welded Carbon Steel 
Pipes and Tubes from Taiwan (A-583-008) and Circular Welded Non-
Alloy Steel Pipe from Taiwan (A-583-814)--Request for Circumvention 
Inquiries''; ``Certain Welded Carbon Steel Standard Pipes and Tubes 
from India--Request for Circumvention Inquiry''; ``Light-Walled 
Rectangular Pipe and Tube from the People's Republic of China--
Request for Circumvention Inquiry''; ``Light-Walled Rectangular Pipe 
and Tube from the Republic of Korea: Request For Circumvention 
Inquiry''; and ``Light-Walled Welded Rectangular Carbon Steel Tubing 
from Taiwan: Request for a Circumvention Inquiry,'' all dated May 
17, 2022.
    \3\ See SeAH VINA's Letter, ``Certain Circular Welded Carbon 
Quality Steel Pipe and Certain Circular Welded Non Alloy Steel Pipe 
from China, Korea, Taiwan, and India--Comments in Opposition to 
Initiation of Anticircumvention Inquiries,'' dated June 2, 2022 
(SeAH VINA's Comments).
    \4\ See Memorandum, ``Circular Welded Carbon Quality Steel Pipe 
from the People's Republic of China (A-570-910 and C-570-911): 
Extension of Time to Determine Whether to Initiate Circumvention 
Inquiry,'' dated June 13, 2022.
    \5\ See Commerce's Letters, ``Circumvention Inquiry of Circular 
Welded Carbon Quality Steel Pipe from the People's Republic of China 
(A-570-910, C-570-911): Supplemental Questionnaire''; 
``Circumvention Inquiry of Certain Circular Welded Non-Alloy Steel 
Pipe from the Republic of Korea (A-580-809): Supplemental 
Questionnaire''; ``Circumvention Inquiry of Certain Circular Welded 
Carbon Steel Pipes and Tubes from Taiwan (A-583-008) and Circular 
Welded Non-Alloy Steel Pipe from Taiwan (A-583-814): Supplemental 
Questionnaire''; ``Circumvention Inquiry of Certain Welded Carbon 
Steel Standard Pipes and Tubes from India (A-533-502): Supplemental 
Questionnaire''; ``Circumvention Inquiry of Light-Walled Rectangular 
Pipe and Tube from the People's Republic of China (A-570-914, C-570-
915): Supplemental Questionnaire,'' (LWRPT China Supplemental); 
``Circumvention Inquiry of Light-Walled Rectangular Pipe and Tube 
from Korea (A-580-859): Supplemental Questionnaire''; and 
``Circumvention Inquiry of Light-Walled Welded Rectangular Carbon 
Steel Tubing from Taiwan (A-583-803): Supplemental Questionnaire,'' 
all dated June 21, 2022. Please note, LWRPT China Supplemental was 
uploaded on June 22, 2022.
    \6\ See Domestic Interested Parties' Letters, ``Certain Circular 
Welded Non-Alloy Steel Pipe from the Republic of Korea--Response to 
Supplemental Questionnaire''; ``Certain Circular Welded Carbon Steel 
Pipes and Tubes from Taiwan (A-583-008) and Circular Welded Non-
Alloy Steel Pipe from Taiwan (A-583-814)--Response to Supplemental 
Questionnaire''; ``Certain Welded Carbon Steel Standard Pipes and 
Tubes from India--Response to Supplemental Questionnaire''; ``Light-
Walled Rectangular Pipe and Tube from the People's Republic of 
China--Circumvention Inquiry Supplemental Questionnaire Response''; 
``Light-Walled Rectangular Pipe and Tube from the Republic of 
Korea--Response to Supplemental Questionnaire''; and ``Light-Walled 
Welded Rectangular Carbon Steel Tubing from Taiwan--Response to 
Supplemental Questionnaire,'' all dated June 28, 2022 (Supplemental 
Responses).
    \7\ See Commerce's Letter, ``Circumvention Inquiries on Circular 
and Rectangular Pipe and Tube Products from China, India, Korea, and 
Taiwan,'' dated July 1, 2022.
    \8\ See Vietnam Haiphong's Letter, ``Circular Welded Carbon 
Quality Steel Pipe from People Republic of China: Vietnam Haiphong 
Hongyuan Machinery Manufactory Co., Ltd.'s Comments on the Request 
for Circumvention Inquiry,'' dated July 20, 2022.
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Scope of the Orders

    Please see each respective Circumvention Initiation Memorandum for 
a complete description of the scope of Orders.\9\
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    \9\ For a complete description of the scope of the Orders, see 
Memoranda, ``Circular Welded Carbon Quality Steel Pipe from the 
People's Republic of China: Initiation of Circumvention Inquiry on 
the Antidumping Duty and Countervailing Duty Orders''; see also 
``Certain Circular Welded Non-Alloy Steel Pipe from the Republic of 
Korea: Initiation of Circumvention Inquiry on the Antidumping Duty 
Order''; ``Certain Welded Carbon Steel Standard Pipes and Tubes from 
India: Initiation of Circumvention Inquiry on the Antidumping Duty 
Order''; ``Certain Circular Welded Carbon Steel Pipes and Tubes from 
Taiwan: Initiation of Circumvention Inquiry on the Antidumping Duty 
Order''; ``Circular Welded Non-Alloy Steel Pipe from Taiwan: 
Initiation of Circumvention Inquiry on the Antidumping Duty Order''; 
``Light-Walled Rectangular Pipe and Tube from the People's Republic 
of China: Initiation of Circumvention Inquiry on the Antidumping 
Duty and Countervailing Duty Orders''; ``Light-Walled Rectangular 
Pipe and Tube from Korea: Initiation of Circumvention Inquiry on the 
Antidumping Duty Order''; and ``Light-Walled Welded Rectangular 
Carbon Steel Tubing from Taiwan: Initiation of Circumvention Inquiry 
on the Antidumping Duty Order,'' (collectively, Circumvention 
Initiation Memoranda).

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[[Page 47713]]

Merchandise Subject to the Circumvention Inquiries

    These circumvention inquiries cover CWP China, CWP Korea, pipe and 
tube India, pipe and tube Taiwan, CWP Taiwan, LWRPT China, LWRPT Korea, 
and LWR tubing Taiwan, completed in Vietnam using Chinese, Indian, 
Korean, or Taiwan-produced HRS and subsequently exported from Vietnam 
to the United States.

Initiation of Circumvention Inquiries

    Section 351.226(d) of Commerce's regulations states that if 
Commerce determines that a request for a circumvention inquiry 
satisfies the requirements of 19 CFR 351.226(c), then Commerce ``will 
accept the request and initiate a circumvention inquiry.'' Section 
351.226(c)(1) of Commerce's regulations, in turn, requires that each 
circumvention inquiry request alleges ``that the elements necessary for 
a circumvention determination under section 781 of the Act exist'' and 
be ``accompanied by information reasonably available to the interested 
party supporting these allegations.'' The domestic interested parties 
alleged circumvention pursuant to section 781(b) of the Act, which 
pertains to merchandise completed or assembled in other foreign 
countries.
    Section 781(b)(1) of the Act provides that Commerce may find 
circumvention of an AD order when merchandise of the same class or kind 
subject to the order is completed or assembled in a foreign country 
other than the country to which the order applies. In conducting a 
circumvention inquiry, under section 781(b)(1) of the Act, Commerce 
relies on the following criteria: (A) merchandise imported into the 
United States is of the same class or kind as any merchandise produced 
in a foreign country that is the subject of an AD or CVD order or 
finding; (B) before importation into the United States, such imported 
merchandise is completed or assembled in another foreign country from 
merchandise which is subject to the order or merchandise which is 
produced in the foreign country that is subject to the order; (C) the 
process of assembly or completion in the foreign country referred to in 
section (B) is minor or insignificant; (D) the value of the merchandise 
produced in the foreign country to which the AD or CVD order applies is 
a significant portion of the total value of the merchandise exported to 
the United States; and (E) the administering authority determines that 
action is appropriate to prevent evasion of such order or finding.
    In determining whether the process of assembly or completion in a 
third country is minor or insignificant under section 781(b)(1)(C) of 
the Act, section 781(b)(2) of the Act directs Commerce to consider: (A) 
the level of investment in the foreign country; (B) the level of 
research and development in the foreign country; (C) the nature of the 
production process in the foreign country; (D) the extent of production 
facilities in the foreign country; and (E) whether or not the value of 
processing performed in the foreign country represents a small 
proportion of the value of the merchandise imported into the United 
States. However, no single factor, by itself, controls Commerce's 
determination of whether the process of assembly or completion in a 
third country is minor or insignificant.\10\ Accordingly, it is 
Commerce's practice to evaluate each of these five factors, depending 
on the totality of the circumstances of the particular circumvention 
inquiry.\11\
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    \10\ See Statement of Administrative Action Accompanying the 
Uruguay Round Agreements Act, H.R. Doc. No. 103-316, Vol. 1 (1994) 
(SAA), at 893.
    \11\ See Uncovered Innerspring Units from the People's Republic 
of China: Final Affirmative Determination of Circumvention of the 
Antidumping Duty Order, 83 FR 65626 (December 21, 2018), and 
accompanying Issues and Decision Memorandum, at 4.
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    In addition, section 781(b)(3) of the Act sets forth additional 
factors to consider in determining whether to include merchandise 
assembled or completed in a third country within the scope of an AD or 
CVD order. Specifically, Commerce shall take into account such factors 
as: (A) the pattern of trade, including sourcing patterns; (B) whether 
the manufacturer or exporter of the merchandise is affiliated with the 
person who, in the third country, uses the merchandise to complete or 
assemble the merchandise which is subsequently imported into the United 
States; and (C) whether imports of the merchandise into the third 
country have increased after the initiation of the investigation that 
resulted in the issuance of such order or finding.
    Based on our analysis of the domestic interested parties' 
circumvention requests, Commerce determines that the domestic 
interested parties have satisfied the criteria under 19 CFR 351.226(c) 
to warrant the initiations of circumvention inquiries of these Orders. 
Therefore, pursuant to 19 CFR 351.226(d)(1)(ii), we are initiating the 
requested circumvention inquiries. For a full discussion of the basis 
for our decisions to initiate these circumvention inquiries, see each 
respective Circumvention Initiation Memorandum.\12\ As explained in the 
Circumvention Initiation Memoranda, the information provided by 
domestic interested parties in this instance warrants initiating these 
circumvention inquiries on a country-wide basis. Commerce has taken 
this approach in prior circumvention inquiries, where the facts 
warranted initiation on a country-wide basis.\13\
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    \12\ See Circumvention Initiation Memoranda. These memoranda are 
public documents and available electronically online via Enforcement 
and Compliance's Antidumping and Countervailing Duty Centralized 
Electronic Service System (ACCESS).
    \13\ See, e.g., Certain Corrosion-Resistant Steel Products from 
the Republic of Korea and Taiwan: Initiation of Anti-Circumvention 
Inquiries on the Antidumping Duty and Countervailing Duty Orders, 83 
FR 37785 (August 2, 2018); Carbon Steel Butt-Weld Pipe Fittings from 
the People's Republic of China: Initiation of Anti-Circumvention 
Inquiry on the Antidumping Duty Order, 82 FR 40556, 40560 (August 
25, 2017) (stating at initiation that Commerce would evaluate the 
extent to which a country-wide finding applicable to all exports 
might be warranted); and Certain Corrosion-Resistant Steel Products 
from the People's Republic of China: Initiation of Anti-
Circumvention Inquiries on the Antidumping Duty and Countervailing 
Duty Orders, 81 FR 79454, 79458 (November 14, 2016) (stating at 
initiation that Commerce would evaluate the extent to which a 
country-wide finding applicable to all exports might be warranted).
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    Consistent with the approach in the prior circumvention inquiries 
that were initiated on a country-wide basis, Commerce intends to issue 
questionnaires to solicit information from producers and exporters in 
Vietnam concerning their shipments of CWP China, CWP Korea, pipe and 
tube India, pipe and tube Taiwan, CWP Taiwan, LWRPT China, LWRPT Korea, 
and LWR tubing Taiwan, made respectively from Chinese, Indian, Korean, 
or Taiwan-origin HRS to the United States. A company's failure to 
respond completely to Commerce's requests for information may result in 
the application of partial or total facts available, pursuant to 
section 776(a) of the Act, which may include adverse inferences, 
pursuant to section 776(b) of the Act.

Suspension of Liquidation

    Pursuant to 19 CFR 351.226(l)(1), Commerce will notify U.S. Customs 
and Border Protection (CBP) of the initiation

[[Page 47714]]

and direct CBP to continue the suspension of liquidation of entries of 
products subject to the circumvention inquiries that were already 
subject to the suspension of liquidation under the Orders. Should 
Commerce issue preliminary or final circumvention determinations, 
Commerce will follow the suspension of liquidation rules under 19 CFR 
351.226(l)(2)-(4).

Notification to Interested Parties

    In accordance with 19 CFR 351.226(d) and section 781(b) of the Act, 
Commerce determines that the domestic interested parties' requests for 
these circumvention inquiries satisfy the requirements of 19 CFR 
351.226(c). Accordingly, Commerce is notifying all interested parties 
of the initiation of these circumvention inquiries to determine whether 
certain imports of CWP China, CWP Korea, pipe and tube India, pipe and 
tube Taiwan, CWP Taiwan, LWRPT China, LWRPT Korea, and LWR tubing 
Taiwan, completed in and exported from Vietnam using HRS inputs 
manufactured respectively in China, Korea, India, or Taiwan, are 
circumventing the Orders. In addition, we have included a description 
of the products that are the subject of these inquiries, and an 
explanation of the reasons for Commerce's decision to initiate these 
inquiries as provided above and in the accompanying Circumvention 
Initiation Memoranda.\14\ In accordance with 19 CFR 351.226(e)(2), 
Commerce intends to issue its final circumvention determination within 
300 days from the date of publication of the notice of initiation of a 
circumvention inquiry in the Federal Register.
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    \14\ See Circumvention Initiation Memoranda.
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    This notice is published in accordance with section 781(b) of the 
Act and 19 CFR 351.226(d)(1)(ii).

    Dated: July 28, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Circumvention Initiation 
Memoranda

I. Summary
II. Background
III. Scope of the Order
IV. Merchandise Subject to the Circumvention Inquiry
V. Statutory and Regulatory Framework for Circumvention Inquiry
VI. Statutory Analysis for the Circumvention Inquiry
VII. Comments Opposing the Initiation of Circumvention Inquiry \15\
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    \15\ As Commerce did not receive comments with regard to the 
LWRPT allegations, this section is not present in those initiation 
memoranda.
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VIII. Country-Wide Circumvention Inquiry
IX. Recommendation

[FR Doc. 2022-16715 Filed 8-3-22; 8:45 am]
BILLING CODE 3510-DS-P
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