Light-Walled Welded Rectangular Carbon Steel Tubing From Taiwan: Final Results of the Expedited Sunset Review of the Antidumping Duty Order, 64437-64438 [2022-23218]

Download as PDF Federal Register / Vol. 87, No. 205 / Tuesday, October 25, 2022 / Notices the Act, and 19 CFR 351.213(h) and 351.221(b)(4). Dated: October 18, 2022. Lisa W. Wang, Assistant Secretary, for Enforcement and Compliance. [FR Doc. 2022–23137 Filed 10–24–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–583–803] Light-Walled Welded Rectangular Carbon Steel Tubing From Taiwan: Final Results of the Expedited Sunset Review of the Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of this expedited sunset review, the U.S. Department of Commerce (Commerce) finds that revocation of the antidumping duty (AD) order on light-walled welded rectangular carbon steel tubing (LWR tubing) from Taiwan would be likely to lead to continuation or recurrence of dumping at the level indicated in the ‘‘Final Results of Sunset Review’’ section of this notice. DATES: Applicable October 25, 2022. FOR FURTHER INFORMATION CONTACT: Claudia Cott, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4270. SUPPLEMENTARY INFORMATION: AGENCY: Background khammond on DSKJM1Z7X2PROD with NOTICES On March 27, 1989, Commerce published its AD order on LWR tubing from Taiwan.1 On August 9, 2017, Commerce published the most recent continuation notice of the Order.2 On July 1, 2022, Commerce published the notice of initiation of the five-year sunset review of the Order pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).3 In accordance with 19 CFR 351.218(d)(1)(i) and (ii), Commerce received notices of intent to participate in this sunset review from 1 See Antidumping Duty Order; Light-Walled Welded Rectangular Carbon Steel Tubing from Taiwan, 54 FR 12467 (March 27, 1989) (Order). 2 See Light-Walled Welded Rectangular Carbon Steel Tubing from Taiwan: Continuation of Antidumping Duty Order, 82 FR 37193 (August 9, 2017). 3 See Initiation of Five-Year (Sunset) Reviews, 87 FR 39459 (July 1, 2022) (Initiation Notice). VerDate Sep<11>2014 16:52 Oct 24, 2022 Jkt 259001 the domestic interested parties 4 within 15 days after the date of publication of the Initiation Notice.5 The domestic interested parties claimed interested party status under section 771(9)(C) of the Act as producers of a domestic like product in the United States.6 Commerce received an adequate joint substantive response to the Initiation Notice from domestic interested parties within the 30-day period specified in 19 CFR 351.218(d)(3)(i).7 Commerce received no substantive responses from any other interested parties. On August 23, 2022, Commerce notified the U.S. International Trade Commission (ITC) that it did not receive an adequate substantive response from other interested parties.8 As a result, in accordance with section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce conducted an expedited, i.e., 120-day sunset review of the Order. Scope of the Order The products covered by the order are LWR tubing of rectangular (including square) cross-section, having a wall thickness of less than 0.156 inch. This merchandise is classified under subheading 7306.61.5000 of the Harmonized Tariff Schedule of the United States (HTSUS). It was formerly classified under HTSUS subheading 7306.60.5000. The HTSUS subheadings are provided for convenience and customs purposes only. The written product description remains dispositive. A full description of the scope of the Order is contained in the Issues and Decision Memorandum.9 4 There are six domestic interested producers of LWR tubing: Atlas Tube (a division of Zekelman Industries); Bull Moose Tube Company (Bull Moose); California Steel and Tube; Maruichi American Corporation (Maruichi); Nucor Tubular Products, Inc. (Nucor Tubular); and Searing Industries, Inc. (Searing) (hereinafter referred to as domestic interested parties). 5 See Atlas Tube, Bull Moose, California Steel and Tube, Maruichi and Searing’s Letter, ‘‘Fifth FiveYear Review of the Antidumping Duty Order on Light-Walled Rectangular Welded Carbon Steel Pipe and Tube from Taiwan: Notice of Intent to Participate,’’ dated July 15, 2022; see also Nucor Tubular’s Letter, ‘‘Light-Walled Rectangular Welded Carbon Steel Pipe and Tube from Taiwan: Notice of Intent to Participate in Sunset Review,’’ dated July 18, 2022. 6 Id. 7 See Domestic Interested Parties’ Letter, ‘‘LightWalled Rectangular Welded Carbon Steel Pipe and Tube from Taiwan: Substantive Response to Notice of Initiation,’’ dated August 1, 2022 (Domestic Interested Parties’ Substantive Response). 8 See Commerce’s Letter, ‘‘Sunset Reviews for July 1, 2022,’’ dated August 23, 2022. 9 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of the Expedited Sunset Review of the Antidumping Duty Order on Light-Walled Welded Rectangular Carbon Steel Tubing from Taiwan,’’ dated concurrently with, and PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 64437 Analysis of Comments Received All issues raised in this sunset review are addressed in the Issues and Decision Memorandum. A list of topics discussed in the Issues and Decision Memorandum is included as the appendix to this notice. The Issues and 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 Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. Final Results of Sunset Review Pursuant to sections 751(c) and 752(c) of the Act, Commerce determines that revocation of the Order would be likely to lead to continuation or recurrence of dumping and that the magnitude of the margin of dumping likely to prevail would be at a rate up to 40.97 percent. Administrative Protective Order This notice serves as the only reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. Notification to Interested Parties Commerce is issuing and publishing the final results and notice in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act, and 19 CFR 351.221(c)(5)(ii). Dated: October 20, 2022. Lisa W. Wang, Assistant Secretary, for Enforcement and Compliance. Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. History of the Order V. Legal Framework VI. Discussion of the Issues 1. Likelihood of Continuation or Recurrence of Dumping hereby adopted by, this notice (Issues and Decision Memorandum). E:\FR\FM\25OCN1.SGM 25OCN1 64438 Federal Register / Vol. 87, No. 205 / Tuesday, October 25, 2022 / Notices 2. Magnitude of Margin of Dumping Likely To Prevail VII. Final Results of Expedited Sunset Review VIII. Recommendation [FR Doc. 2022–23218 Filed 10–24–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–893] Certain Frozen Warmwater Shrimp From the People’s Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2021–2022 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily determines that two exporters of certain frozen warmwater shrimp (shrimp) from the People’s Republic of China (China) under review had no shipments of subject merchandise during the period of review (POR) February 1, 2021, through January 31, 2022. Commerce also preliminarily determines that the 134 remaining companies subject to this review are part of the China-wide entity because they did not demonstrate their eligibility for separate rates. DATES: Applicable October 25, 2022. FOR FURTHER INFORMATION CONTACT: Eric Hawkins, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–1988. SUPPLEMENTARY INFORMATION: AGENCY: Background khammond on DSKJM1Z7X2PROD with NOTICES On February 1, 2005, Commerce published in the Federal Register the antidumping duty order on shrimp from China.1 On February 8, 2022, Commerce published in the Federal Register a notice of opportunity to request an administrative review of the Order.2 On April 12, 2022, based on timely requests for an administrative review, Commerce initiated the administrative review with 1 See Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Certain Frozen Warmwater Shrimp from the People’s Republic of China, 70 FR 5149 (February 1, 2005) (Order). 2 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review and Join Annual Inquiry Service List, 87 FR 7112 (February 8, 2022). VerDate Sep<11>2014 16:52 Oct 24, 2022 Jkt 259001 respect to 136 exporters.3 Subsequently, we released U.S. Customs and Border Protection (CBP) data to interested parties for comment.4 We received timely comments from the Ad Hoc Shrimp Trade Action Committee (AHSTAC) and the American Shrimp Processors Association (ASPA).5 On May 11 and 12, 2022, we received timely no-shipment certifications from two companies.6 We did not receive a no-shipment statement, separate rate application (SRA), or separate rate certification (SRC) from any other company subject to this review. For a complete description of the events that followed the initiation of this administrative review, see the Preliminary Decision Memorandum.7 A list of topics discussed in the Preliminary Decision Memorandum is included at Appendix III 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 scope of the Order includes certain frozen warmwater shrimp and prawns, whether wild caught (ocean 3 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 87 FR 21619 (April 12, 2022). 4 See Memorandum, ‘‘Release of U.S. Customs and Border Protection Data,’’ dated April 13, 2022. 5 See AHSTAC’s Letter, ‘‘Certain Frozen Warmwater Shrimp from India, Thailand, the Socialist Republic of Vietnam, and the People’s Republic of China: Domestic Producers’ Comments Regarding CBP Data and Respondent Selection,’’ dated April 14, 2022; see also ASPA’s Letter, ‘‘Administrative Review of the Antidumping Duty Order Covering Frozen Warmwater Shrimp from the People’s Republic of China (POR 17: 02/01/21–01/ 31/2022): Comments on Respondent Selection and CBP Data,’’ dated April 20, 2022. 6 We received timely no-shipment certifications from Zhangzhou Hongwei Foods Co., Ltd.; and Zhanjiang Regal Integrated Marine Resources Co., Ltd. (Zhanjiang Regal). Zhanjiang Regal is excluded from the Order with respect to merchandise manufactured and exported by Zhanjiang Regal. See Certain Frozen Warmwater Shrimp from the People’s Republic of China: Final Results of Administrative Review; 2011–2012, 78 FR 56209, 56210 (September 12, 2013). Zhanjiang Regal submitted a no-shipment certification for exports outside the above combination. 7 See Memorandum, ‘‘Decision Memorandum for the Preliminary Results of the Antidumping Duty Administrative Review of Certain Frozen Warmwater Shrimp from the People’s Republic of China; 2021–2022,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 harvested) or farm raised (produced by aquaculture), head on or head off, shell on or peeled, tail on or tail off,8 deveined or not deveined, cooked or raw, or otherwise processed in frozen form. A complete description of the scope of the Order is contained in the Preliminary Decision Memorandum. Methodology Commerce is conducting this review in accordance with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.213. Preliminary Determination of No Shipments Based upon the no-shipment certifications received by Commerce, and our review of the CBP data, we preliminary find that two companies had no shipments during the POR. Commerce requested that CBP confirm whether any shipments of subject merchandise entered the United States during the POR with respect to the two companies that submitted no shipment claims.9 CBP responded that it has no record of any subject entries for these two inquiries.10 For additional information regarding this determination, see the Preliminary Decision Memorandum. Consistent with our assessment in non-market economy administrative reviews,11 Commerce is not rescinding this review for these two companies.12 Commerce intends to complete this review and issue appropriate instructions to CBP based on the final results of this review. Separate Rates Because the other 134 companies under review did not submit a noshipment certification, SRA, or SRC, Commerce preliminarily determines that these companies have not demonstrated their eligibility for separate rates.13 For additional 8 ‘‘Tails’’ in this context means the tail fan, which includes the telson and the uropods. 9 See CBP Message 2138420, ‘‘No Shipment Inquiry for Zhangzhou Hongwei Foods Co., Ltd. During the Period 02/01/2021 through 1/31/2022,’’ dated May 18, 2022; see also CBP Message 2138426, ‘‘No Shipment Inquiry for Zhanjiang Regal Integrated Marine Resources Co., Ltd. During the Period 02/01/2021 through 1/31/2022,’’ dated May 18, 2022. 10 See Memorandum, ‘‘Certain Frozen Warmwater Shrimp from the People’s Republic of China; No Shipment Inquiries for Zhangzhou Hongwei Foods Co., Ltd. and Zhanjiang Regal Integrated Marine Resources Co., Ltd. During the Period 02/01/2021 through 01/31/2022,’’ dated May 25, 2022. 11 See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694, 65694–95 (October 24, 2011); see also ‘‘Assessment Rate’’ section, infra. 12 See Appendix II. 13 See Appendix I. E:\FR\FM\25OCN1.SGM 25OCN1

Agencies

[Federal Register Volume 87, Number 205 (Tuesday, October 25, 2022)]
[Notices]
[Pages 64437-64438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23218]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-803]


Light-Walled Welded Rectangular Carbon Steel Tubing From Taiwan: 
Final Results of the Expedited Sunset Review of the Antidumping Duty 
Order

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

SUMMARY: As a result of this expedited sunset review, the U.S. 
Department of Commerce (Commerce) finds that revocation of the 
antidumping duty (AD) order on light-walled welded rectangular carbon 
steel tubing (LWR tubing) from Taiwan would be likely to lead to 
continuation or recurrence of dumping at the level indicated in the 
``Final Results of Sunset Review'' section of this notice.

DATES: Applicable October 25, 2022.

FOR FURTHER INFORMATION CONTACT:  Claudia Cott, AD/CVD Operations, 
Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4270.

SUPPLEMENTARY INFORMATION:

Background

    On March 27, 1989, Commerce published its AD order on LWR tubing 
from Taiwan.\1\ On August 9, 2017, Commerce published the most recent 
continuation notice of the Order.\2\ On July 1, 2022, Commerce 
published the notice of initiation of the five-year sunset review of 
the Order pursuant to section 751(c) of the Tariff Act of 1930, as 
amended (the Act).\3\ In accordance with 19 CFR 351.218(d)(1)(i) and 
(ii), Commerce received notices of intent to participate in this sunset 
review from the domestic interested parties \4\ within 15 days after 
the date of publication of the Initiation Notice.\5\ The domestic 
interested parties claimed interested party status under section 
771(9)(C) of the Act as producers of a domestic like product in the 
United States.\6\
---------------------------------------------------------------------------

    \1\ See Antidumping Duty Order; Light-Walled Welded Rectangular 
Carbon Steel Tubing from Taiwan, 54 FR 12467 (March 27, 1989) 
(Order).
    \2\ See Light-Walled Welded Rectangular Carbon Steel Tubing from 
Taiwan: Continuation of Antidumping Duty Order, 82 FR 37193 (August 
9, 2017).
    \3\ See Initiation of Five-Year (Sunset) Reviews, 87 FR 39459 
(July 1, 2022) (Initiation Notice).
    \4\ There are six domestic interested producers of LWR tubing: 
Atlas Tube (a division of Zekelman Industries); Bull Moose Tube 
Company (Bull Moose); California Steel and Tube; Maruichi American 
Corporation (Maruichi); Nucor Tubular Products, Inc. (Nucor 
Tubular); and Searing Industries, Inc. (Searing) (hereinafter 
referred to as domestic interested parties).
    \5\ See Atlas Tube, Bull Moose, California Steel and Tube, 
Maruichi and Searing's Letter, ``Fifth Five-Year Review of the 
Antidumping Duty Order on Light-Walled Rectangular Welded Carbon 
Steel Pipe and Tube from Taiwan: Notice of Intent to Participate,'' 
dated July 15, 2022; see also Nucor Tubular's Letter, ``Light-Walled 
Rectangular Welded Carbon Steel Pipe and Tube from Taiwan: Notice of 
Intent to Participate in Sunset Review,'' dated July 18, 2022.
    \6\ Id.
---------------------------------------------------------------------------

    Commerce received an adequate joint substantive response to the 
Initiation Notice from domestic interested parties within the 30-day 
period specified in 19 CFR 351.218(d)(3)(i).\7\ Commerce received no 
substantive responses from any other interested parties. On August 23, 
2022, Commerce notified the U.S. International Trade Commission (ITC) 
that it did not receive an adequate substantive response from other 
interested parties.\8\ As a result, in accordance with section 
751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce 
conducted an expedited, i.e., 120-day sunset review of the Order.
---------------------------------------------------------------------------

    \7\ See Domestic Interested Parties' Letter, ``Light-Walled 
Rectangular Welded Carbon Steel Pipe and Tube from Taiwan: 
Substantive Response to Notice of Initiation,'' dated August 1, 2022 
(Domestic Interested Parties' Substantive Response).
    \8\ See Commerce's Letter, ``Sunset Reviews for July 1, 2022,'' 
dated August 23, 2022.
---------------------------------------------------------------------------

Scope of the Order

    The products covered by the order are LWR tubing of rectangular 
(including square) cross-section, having a wall thickness of less than 
0.156 inch. This merchandise is classified under subheading 
7306.61.5000 of the Harmonized Tariff Schedule of the United States 
(HTSUS). It was formerly classified under HTSUS subheading 
7306.60.5000. The HTSUS subheadings are provided for convenience and 
customs purposes only. The written product description remains 
dispositive. A full description of the scope of the Order is contained 
in the Issues and Decision Memorandum.\9\
---------------------------------------------------------------------------

    \9\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Expedited Sunset Review of the Antidumping Duty 
Order on Light-Walled Welded Rectangular Carbon Steel Tubing from 
Taiwan,'' dated concurrently with, and hereby adopted by, this 
notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in this sunset review are addressed in the Issues 
and Decision Memorandum. A list of topics discussed in the Issues and 
Decision Memorandum is included as the appendix to this notice. The 
Issues and 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 Issues and Decision Memorandum can 
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Final Results of Sunset Review

    Pursuant to sections 751(c) and 752(c) of the Act, Commerce 
determines that revocation of the Order would be likely to lead to 
continuation or recurrence of dumping and that the magnitude of the 
margin of dumping likely to prevail would be at a rate up to 40.97 
percent.

Administrative Protective Order

    This notice serves as the only reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a). Timely written notification 
of the return or destruction of APO materials or conversion to judicial 
protective order is hereby requested. Failure to comply with the 
regulations and terms of an APO is a violation which is subject to 
sanction.

Notification to Interested Parties

    Commerce is issuing and publishing the final results and notice in 
accordance with sections 751(c), 752(c), and 777(i)(1) of the Act, and 
19 CFR 351.221(c)(5)(ii).

    Dated: October 20, 2022.
Lisa W. Wang,
Assistant Secretary, for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
    1. Likelihood of Continuation or Recurrence of Dumping

[[Page 64438]]

    2. Magnitude of Margin of Dumping Likely To Prevail
VII. Final Results of Expedited Sunset Review
VIII. Recommendation

[FR Doc. 2022-23218 Filed 10-24-22; 8:45 am]
BILLING CODE 3510-DS-P

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