Light-Walled Rectangular Pipe and Tube From the People's Republic of China: Preliminary Results of the Antidumping Duty Administrative Review; 2020-2021, 55392-55394 [2022-19524]
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55392
Federal Register / Vol. 87, No. 174 / Friday, September 9, 2022 / Notices
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Dated: September 1, 2022.
Cikena Reid,
USDA Committee Management Officer.
[FR Doc. 2022–19519 Filed 9–8–22; 8:45 am]
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SUMMARY:
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[FR Doc. 2022–19513 Filed 9–8–22; 8:45 am]
BILLING CODE 3411–15–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–914]
Light-Walled Rectangular Pipe and
Tube From the People’s Republic of
China: Preliminary Results of the
Antidumping Duty Administrative
Review; 2020–2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
finds that Hangzhou Ailong Metal
Products Co., Ltd. (Ailong) made sales
of subject merchandise at prices below
normal value (NV). The period of review
(POR) is August 1, 2020, through July
31, 2021. Interested parties are invited
to comment on these preliminary
results.
AGENCY:
DATES:
Applicable September 9, 2022.
FOR FURTHER INFORMATION CONTACT:
Magd Zalok, AD/CVD Operations, Office
IV, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4162.
SUPPLEMENTARY INFORMATION:
Background
This administrative review is being
conducted in accordance with section
751(a) of the Tariff Act of 1930, as
amended (the Act). On August 2, 2021,
Commerce notified interested parties of
the opportunity to request an
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administrative review of orders,
findings, or suspended investigations
with anniversaries in August 2020,
including the antidumping duty (AD)
order on light-walled rectangular pipe
and tube (LWRPT) from the People’s
Republic of China (China).1 On October
7, 2021, Commerce published a notice
initiating an AD administrative review
of LWRPT from China covering one
company, Ailong, for the POR.2 On
April 19, 2022, Commerce extended the
deadline for the preliminary results of
this review by a total of 120 days, to
August 31, 2022.3
During the course of this review,
Ailong responded to Commerce’s initial
and supplemental questionnaires. Nucor
Tubular Products, Inc. (Nucor), a
domestic producer and an interested
party in this review, commented on
certain responses. For details regarding
the events that occurred subsequent to
the initiation of the review, see the
Preliminary Decision Memorandum. A
list of topics included in the
Preliminary Decision Memorandum is
included in the appendix to this notice.
The Preliminary Decision Memorandum
is a public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
Scope of the Order
jspears on DSK121TN23PROD with NOTICES
The merchandise subject to this order
is certain welded carbon quality lightwalled steel pipe and tube, of
rectangular (including square) cross
section, having a wall thickness of less
than 4 mm.4 For a full description of the
scope, see the Preliminary Decision
Memorandum.
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
To Request Administrative Review, 86 FR 41436
(August 2, 2021).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 86 FR
55811 (October 7, 2021) (Initiation Notice).
3 See Memorandum, ‘‘Light-Walled Rectangular
Pipe and Tube from the People’s Republic of China:
Extension of Deadline for Preliminary Results of
Antidumping Duty Administrative Review,’’ dated
April 19, 2022.
4 For a complete description of the scope of the
Order, see Memorandum, ‘‘Light-Walled
Rectangular Pipe and Tube from the People’s
Republic of China: Decision Memorandum for the
Preliminary Results of the 2020–2021 Antidumping
Duty Administrative Review,’’ dated concurrently
with this notice (Preliminary Decision
Memorandum).
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18:57 Sep 08, 2022
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Separate Rate Status
Based on the criteria established by
Sparklers 5 and Silicon Carbide,6
Commerce preliminarily determines
that the information placed on the
record by Ailong demonstrates an
absence of de jure and de facto
government control over its export
activities. Therefore, we have
preliminarily granted Ailong separate
rate status. For details regarding our
analysis, see the Preliminary Decision
Memorandum.
China-Wide Entity
Commerce’s policy regarding
conditional review of the China-wide
entity applies to this administrative
review.7 Under this policy, the Chinawide entity will not be under review
unless a party specifically requests, or
Commerce self-initiates, a review of the
entity. Because no party requested a
review of the China-wide entity in this
review, the entity is not under review
and the weighted-average dumping
margin determined for the China-wide
entity (i.e., 255.07 percent) is not subject
to change as a result of this review.8 For
additional information, see the
Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review
in accordance with section 751(a)(1)(B)
of the Act. We calculated export prices
in accordance with section 772 of the
Act. Because China is a non-market
economy country within the meaning of
section 771(18) of the Act, we calculated
NV in accordance with section 773(c) of
the Act.
For a full description of the
methodology underlying the
preliminary results of review, see the
Preliminary Decision Memorandum,
which is hereby adopted by this notice.
Preliminary Results of Review
We are preliminarily assigning the
following weighted-average dumping
5 See Final Determination of Sales at Less Than
Fair Value: Sparklers from the People’s Republic of
China, 56 FR 20588 (May 6, 1991) (Sparklers).
6 See Notice of Final Determination of Sales at
Less Than Fair Value: Silicon Carbide from the
People’s Republic of China, 59 FR 22585 (May 2,
1994) (Silicon Carbide).
7 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963 (November 4, 2013).
8 See 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) (Order).
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Fmt 4703
Sfmt 4703
margin to the firm listed below for the
period August 1, 2020, through July 31,
2021:
Producers/exporters
Weightedaverage
dumping
margin
(percent)
Hangzhou Ailong Metal Products
Co., Ltd ...................................
45.02
Disclosure and Public Comment
Commerce intends to disclose to
parties to the proceeding the
calculations performed for these
preliminary results of review within five
days of the date of publication of this
notice in the Federal Register in
accordance with 19 CFR 351.224(b).
Interested parties may submit case briefs
to Commerce no later than 30 days after
the date of publication of these
preliminary results of review in the
Federal Register.9 Rebuttal briefs may
be filed with Commerce no later than
seven days after case briefs are due and
may respond only to arguments raised
in the case briefs.10 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.11 A table of contents, list of
authorities used, and an executive
summary of issues should accompany
any briefs submitted to Commerce. The
summary should be limited to five pages
total, including footnotes.12 Case and
rebuttal briefs should be filed using
ACCESS and must be served on
interested parties.13
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, within 30 days after the date
of publication of this notice in the
Federal Register. Requests for a hearing
should contain: (1) the requesting
party’s name, address, and telephone
number; (2) the number of individuals
associated with the requesting party that
will attend the hearing and whether any
of those individuals is a foreign
national; and (3) a list of the issues the
party intends to discuss at the hearing.
Oral arguments at the hearing will be
9 See
19 CFR 351.309(c)(1)(ii).
19 CFR 351.309(d).
11 See 19 CFR 351.309(c)(2) and (d)(2).
12 Id.
13 See 19 CFR 351.303 (for general filing
requirements).
10 See
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Federal Register / Vol. 87, No. 174 / Friday, September 9, 2022 / Notices
limited to issues raised in the briefs. If
a request for a hearing is made,
Commerce will announce the date and
time of the hearing. Parties should
confirm by telephone the date and time
of the hearing two days before the
scheduled hearing date.
All submissions, with limited
exceptions, must be filed electronically
using ACCESS.14 An electronically filed
document must be received successfully
in its entirety by Commerce’s electronic
records system, ACCESS, by 5 p.m.
Eastern Time (ET) on the due date.15
Note that Commerce has temporarily
modified certain of its requirements for
serving documents containing business
proprietary information until further
notice.16 Unless otherwise extended,
Commerce intends to issue the final
results of this administrative review,
which will include the results of its
analysis of issues raised in any briefs,
within 120 days of publication of these
preliminary results of review in the
Federal Register, pursuant to section
751(a)(3)(A) of the Act.
jspears on DSK121TN23PROD with NOTICES
Assessment Rates
Upon issuance of the final results of
review, Commerce will determine, and
U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties
on all appropriate entries covered by the
final results of review.17 Commerce
intends to issue assessment instructions
to CBP no earlier than 35 days after the
date of publication of the final results of
this review in the Federal Register. If a
timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
We will calculate importer/customerspecific assessment rates equal to the
ratio of the total amount of dumping
calculated for examined sales to a
particular importer/customer to the total
entered value of those sales, in
accordance with 19 CFR 351.212(b)(1).18
Where the respondent reported reliable
entered values, Commerce intends to
14 Id.; see also Antidumping and Countervailing
Duty Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011).
15 Id.
16 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
17 See 19 CFR 351.212(b)(1).
18 We applied the assessment rate calculation
method adopted in Antidumping Proceedings:
Calculation of the Weighted-Average Dumping
Margin and Assessment Rate in Certain
Antidumping Proceedings: Final Modification, 77
FR 8101 (February 14, 2012).
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18:57 Sep 08, 2022
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calculate importer/customer-specific ad
valorem assessment rates by dividing
the total amount of dumping calculated
for all reviewed U.S. sales to the
importer/customer by the total entered
value of the merchandise sold to the
importer/customer.19 Where the
respondent did not report entered
values, Commerce will calculate
importer/customer-specific assessment
rates by dividing the total amount of
dumping calculated for all reviewed
U.S. sales to the importer/customer by
the total quantity of those sales.
Commerce will calculate an estimated
ad valorem importer/customer-specific
assessment rate to determine whether
the per-unit assessment rate is de
minimis; however, Commerce will use
the per-unit assessment rate where
entered values were not reported.20
Where an importer/customer-specific ad
valorem assessment rate is not zero or
de minimis, Commerce will instruct
CBP to collect the appropriate duties at
the time of liquidation. Where either the
respondent’s ad valorem weightedaverage dumping margin is zero or de
minimis, or an importer/customerspecific ad valorem assessment rate is
zero or de minimis,21 Commerce will
instruct CBP to liquidate the appropriate
entries without regard to antidumping
duties.
Pursuant to Commerce’s refinement to
its practice, for sales that were not
reported in the U.S. sales database
submitted by a respondent individually
examined during this review, Commerce
will instruct CBP to liquidate the entry
of such merchandise at the dumping
margin assigned to the China-wide
entity.22
In accordance with section
751(a)(2)(C) of the Act, the final results
of this review shall be the basis for the
assessment of antidumping duties on
entries of merchandise covered by the
final results of this review and for future
deposits of estimated antidumping
duties, where applicable.
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of light-walled rectangular
pipe and tube from China entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of the notice of the final
results of this administrative review in
the Federal Register, as provided for by
19 See
19 CFR 351.212(b)(1).
20 Id.
21 See
19 CFR 351.106(c)(2).
Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011), for a full discussion
of this practice.
22 See
PO 00000
Frm 00007
Fmt 4703
Sfmt 9990
section 751(a)(2)(C) of the Act: (1) for
Ailong, the cash deposit rate will be
equal to the weighted-average dumping
margin established in the final results of
this review for the company (except, if
the rate de minimis, then a cash deposit
rate of zero will be required); (2) for
previously investigated or reviewed
China and non-China exporters not
listed above that received a separate rate
in a prior segment of this proceeding,
the cash deposit rate will continue to be
the existing exporter-specific rate; (3) for
all China exporters of subject
merchandise that have not been found
to be entitled to a separate rate, the cash
deposit rate will be the rate for the
China-wide entity, which is 255.07
percent; and (4) for all non-China
exporters of subject merchandise that
have not received their own rate, the
cash deposit rate will be the rate
applicable to China exporter(s) that
supplied that non-China exporter. These
deposit requirements, when imposed,
shall remain in effect until further
notice.
Notification to Importers
This notice also 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 and/or countervailing
duties prior to liquidation of the
relevant entries during this review
period. Failure to comply with this
requirement could result in Commerce’s
presumption that reimbursement of
antidumping and/or countervailing
duties occurred and the subsequent
assessment of double antidumping
duties.
Notification to Interested Parties
These preliminary results of
administrative review are issued and
published in accordance with sections
751(a)(l) and 777(i)(l) of the Act and 19
CFR 351.213(h)(1).
Dated: August 31, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion Of Methodology
V. Recommendation
[FR Doc. 2022–19524 Filed 9–8–22; 8:45 am]
BILLING CODE 3510–DS–P
E:\FR\FM\09SEN1.SGM
09SEN1
Agencies
[Federal Register Volume 87, Number 174 (Friday, September 9, 2022)]
[Notices]
[Pages 55392-55394]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19524]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-914]
Light-Walled Rectangular Pipe and Tube From the People's Republic
of China: Preliminary Results of the Antidumping Duty Administrative
Review; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that Hangzhou Ailong Metal Products Co., Ltd. (Ailong) made sales of
subject merchandise at prices below normal value (NV). The period of
review (POR) is August 1, 2020, through July 31, 2021. Interested
parties are invited to comment on these preliminary results.
DATES: Applicable September 9, 2022.
FOR FURTHER INFORMATION CONTACT: Magd Zalok, AD/CVD Operations, Office
IV, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-4162.
SUPPLEMENTARY INFORMATION:
Background
This administrative review is being conducted in accordance with
section 751(a) of the Tariff Act of 1930, as amended (the Act). On
August 2, 2021, Commerce notified interested parties of the opportunity
to request an
[[Page 55393]]
administrative review of orders, findings, or suspended investigations
with anniversaries in August 2020, including the antidumping duty (AD)
order on light-walled rectangular pipe and tube (LWRPT) from the
People's Republic of China (China).\1\ On October 7, 2021, Commerce
published a notice initiating an AD administrative review of LWRPT from
China covering one company, Ailong, for the POR.\2\ On April 19, 2022,
Commerce extended the deadline for the preliminary results of this
review by a total of 120 days, to August 31, 2022.\3\
---------------------------------------------------------------------------
\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review, 86 FR 41436 (August 2, 2021).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 55811 (October 7, 2021) (Initiation
Notice).
\3\ See Memorandum, ``Light-Walled Rectangular Pipe and Tube
from the People's Republic of China: Extension of Deadline for
Preliminary Results of Antidumping Duty Administrative Review,''
dated April 19, 2022.
---------------------------------------------------------------------------
During the course of this review, Ailong responded to Commerce's
initial and supplemental questionnaires. Nucor Tubular Products, Inc.
(Nucor), a domestic producer and an interested party in this review,
commented on certain responses. For details regarding the events that
occurred subsequent to the initiation of the review, see the
Preliminary Decision Memorandum. A list of topics included in the
Preliminary Decision Memorandum is included in the appendix to this
notice. The Preliminary Decision Memorandum is a public document and is
on file electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Scope of the Order
The merchandise subject to this order is certain welded carbon
quality light-walled steel pipe and tube, of rectangular (including
square) cross section, having a wall thickness of less than 4 mm.\4\
For a full description of the scope, see the Preliminary Decision
Memorandum.
---------------------------------------------------------------------------
\4\ For a complete description of the scope of the Order, see
Memorandum, ``Light-Walled Rectangular Pipe and Tube from the
People's Republic of China: Decision Memorandum for the Preliminary
Results of the 2020-2021 Antidumping Duty Administrative Review,''
dated concurrently with this notice (Preliminary Decision
Memorandum).
---------------------------------------------------------------------------
Separate Rate Status
Based on the criteria established by Sparklers \5\ and Silicon
Carbide,\6\ Commerce preliminarily determines that the information
placed on the record by Ailong demonstrates an absence of de jure and
de facto government control over its export activities. Therefore, we
have preliminarily granted Ailong separate rate status. For details
regarding our analysis, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\5\ See Final Determination of Sales at Less Than Fair Value:
Sparklers from the People's Republic of China, 56 FR 20588 (May 6,
1991) (Sparklers).
\6\ See Notice of Final Determination of Sales at Less Than Fair
Value: Silicon Carbide from the People's Republic of China, 59 FR
22585 (May 2, 1994) (Silicon Carbide).
---------------------------------------------------------------------------
China-Wide Entity
Commerce's policy regarding conditional review of the China-wide
entity applies to this administrative review.\7\ Under this policy, the
China-wide entity will not be under review unless a party specifically
requests, or Commerce self-initiates, a review of the entity. Because
no party requested a review of the China-wide entity in this review,
the entity is not under review and the weighted-average dumping margin
determined for the China-wide entity (i.e., 255.07 percent) is not
subject to change as a result of this review.\8\ For additional
information, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\7\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
\8\ See 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) (Order).
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Act. We calculated export prices in accordance with
section 772 of the Act. Because China is a non-market economy country
within the meaning of section 771(18) of the Act, we calculated NV in
accordance with section 773(c) of the Act.
For a full description of the methodology underlying the
preliminary results of review, see the Preliminary Decision Memorandum,
which is hereby adopted by this notice.
Preliminary Results of Review
We are preliminarily assigning the following weighted-average
dumping margin to the firm listed below for the period August 1, 2020,
through July 31, 2021:
------------------------------------------------------------------------
Weighted-
average
Producers/exporters dumping
margin
(percent)
------------------------------------------------------------------------
Hangzhou Ailong Metal Products Co., Ltd.................... 45.02
------------------------------------------------------------------------
Disclosure and Public Comment
Commerce intends to disclose to parties to the proceeding the
calculations performed for these preliminary results of review within
five days of the date of publication of this notice in the Federal
Register in accordance with 19 CFR 351.224(b). Interested parties may
submit case briefs to Commerce no later than 30 days after the date of
publication of these preliminary results of review in the Federal
Register.\9\ Rebuttal briefs may be filed with Commerce no later than
seven days after case briefs are due and may respond only to arguments
raised in the case briefs.\10\ 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.\11\ A table of contents, list
of authorities used, and an executive summary of issues should
accompany any briefs submitted to Commerce. The summary should be
limited to five pages total, including footnotes.\12\ Case and rebuttal
briefs should be filed using ACCESS and must be served on interested
parties.\13\
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\9\ See 19 CFR 351.309(c)(1)(ii).
\10\ See 19 CFR 351.309(d).
\11\ See 19 CFR 351.309(c)(2) and (d)(2).
\12\ Id.
\13\ See 19 CFR 351.303 (for general filing requirements).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice in the Federal Register.
Requests for a hearing should contain: (1) the requesting party's name,
address, and telephone number; (2) the number of individuals associated
with the requesting party that will attend the hearing and whether any
of those individuals is a foreign national; and (3) a list of the
issues the party intends to discuss at the hearing. Oral arguments at
the hearing will be
[[Page 55394]]
limited to issues raised in the briefs. If a request for a hearing is
made, Commerce will announce the date and time of the hearing. Parties
should confirm by telephone the date and time of the hearing two days
before the scheduled hearing date.
All submissions, with limited exceptions, must be filed
electronically using ACCESS.\14\ An electronically filed document must
be received successfully in its entirety by Commerce's electronic
records system, ACCESS, by 5 p.m. Eastern Time (ET) on the due
date.\15\ Note that Commerce has temporarily modified certain of its
requirements for serving documents containing business proprietary
information until further notice.\16\ Unless otherwise extended,
Commerce intends to issue the final results of this administrative
review, which will include the results of its analysis of issues raised
in any briefs, within 120 days of publication of these preliminary
results of review in the Federal Register, pursuant to section
751(a)(3)(A) of the Act.
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\14\ Id.; see also Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures; Administrative Protective
Order Procedures, 76 FR 39263 (July 6, 2011).
\15\ Id.
\16\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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Assessment Rates
Upon issuance of the final results of review, Commerce will
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries covered by the final
results of review.\17\ Commerce intends to issue assessment
instructions to CBP no earlier than 35 days after the date of
publication of the final results of this review in the Federal
Register. If a timely summons is filed at the U.S. Court of
International Trade, the assessment instructions will direct CBP not to
liquidate relevant entries until the time for parties to file a request
for a statutory injunction has expired (i.e., within 90 days of
publication).
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\17\ See 19 CFR 351.212(b)(1).
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We will calculate importer/customer-specific assessment rates equal
to the ratio of the total amount of dumping calculated for examined
sales to a particular importer/customer to the total entered value of
those sales, in accordance with 19 CFR 351.212(b)(1).\18\ Where the
respondent reported reliable entered values, Commerce intends to
calculate importer/customer-specific ad valorem assessment rates by
dividing the total amount of dumping calculated for all reviewed U.S.
sales to the importer/customer by the total entered value of the
merchandise sold to the importer/customer.\19\ Where the respondent did
not report entered values, Commerce will calculate importer/customer-
specific assessment rates by dividing the total amount of dumping
calculated for all reviewed U.S. sales to the importer/customer by the
total quantity of those sales. Commerce will calculate an estimated ad
valorem importer/customer-specific assessment rate to determine whether
the per-unit assessment rate is de minimis; however, Commerce will use
the per-unit assessment rate where entered values were not
reported.\20\ Where an importer/customer-specific ad valorem assessment
rate is not zero or de minimis, Commerce will instruct CBP to collect
the appropriate duties at the time of liquidation. Where either the
respondent's ad valorem weighted-average dumping margin is zero or de
minimis, or an importer/customer-specific ad valorem assessment rate is
zero or de minimis,\21\ Commerce will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties.
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\18\ We applied the assessment rate calculation method adopted
in Antidumping Proceedings: Calculation of the Weighted-Average
Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012).
\19\ See 19 CFR 351.212(b)(1).
\20\ Id.
\21\ See 19 CFR 351.106(c)(2).
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Pursuant to Commerce's refinement to its practice, for sales that
were not reported in the U.S. sales database submitted by a respondent
individually examined during this review, Commerce will instruct CBP to
liquidate the entry of such merchandise at the dumping margin assigned
to the China-wide entity.\22\
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\22\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full
discussion of this practice.
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In accordance with section 751(a)(2)(C) of the Act, the final
results of this review shall be the basis for the assessment of
antidumping duties on entries of merchandise covered by the final
results of this review and for future deposits of estimated antidumping
duties, where applicable.
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of light-walled rectangular pipe and tube from China entered,
or withdrawn from warehouse, for consumption on or after the date of
publication of the notice of the final results of this administrative
review in the Federal Register, as provided for by section 751(a)(2)(C)
of the Act: (1) for Ailong, the cash deposit rate will be equal to the
weighted-average dumping margin established in the final results of
this review for the company (except, if the rate de minimis, then a
cash deposit rate of zero will be required); (2) for previously
investigated or reviewed China and non-China exporters not listed above
that received a separate rate in a prior segment of this proceeding,
the cash deposit rate will continue to be the existing exporter-
specific rate; (3) for all China exporters of subject merchandise that
have not been found to be entitled to a separate rate, the cash deposit
rate will be the rate for the China-wide entity, which is 255.07
percent; and (4) for all non-China exporters of subject merchandise
that have not received their own rate, the cash deposit rate will be
the rate applicable to China exporter(s) that supplied that non-China
exporter. These deposit requirements, when imposed, shall remain in
effect until further notice.
Notification to Importers
This notice also 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 and/or countervailing duties
prior to liquidation of the relevant entries during this review period.
Failure to comply with this requirement could result in Commerce's
presumption that reimbursement of antidumping and/or countervailing
duties occurred and the subsequent assessment of double antidumping
duties.
Notification to Interested Parties
These preliminary results of administrative review are issued and
published in accordance with sections 751(a)(l) and 777(i)(l) of the
Act and 19 CFR 351.213(h)(1).
Dated: August 31, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion Of Methodology
V. Recommendation
[FR Doc. 2022-19524 Filed 9-8-22; 8:45 am]
BILLING CODE 3510-DS-P