Light-Walled Welded Rectangular Carbon Steel Tubing From Taiwan: Continuation of Antidumping Duty Order, 13781-13782 [2023-04449]

Download as PDF Federal Register / Vol. 88, No. 43 / Monday, March 6, 2023 / Notices lotter on DSK11XQN23PROD with NOTICES1 for future deposits of estimated duties, where applicable.9 Normally, Commerce would issue appropriate assessment instructions to CBP 35 days after the date of publication of the amended final results of this review in the Federal Register, to liquidate shipments of subject merchandise produced and exported by Yieh Phui entered, or withdrawn from warehouse, for consumption during the July 1, 2020 through June 30, 2021 period of review. However, on February 15, 2023, the U.S. Court of International Trade (the Court) enjoined liquidation of entries produced and exported by Yieh Phui, that are subject to the Final Results.10 Accordingly, Commerce will not instruct CBP to assess antidumping duties on those enjoined entries pending resolution of the associated liquidation. For Prosperity and Sheng Yu, Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of the amended 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). Cash Deposit Requirements The following cash deposit requirements will be effective retroactively for all shipments of subject merchandise that entered, or were withdrawn from warehouse, for consumption on or after February 3, 2023, the date of publication of the Final Results of this administrative review, as provided for by section 751(a)(2)(C) of the Act: (1) the cash deposit rate for the companies listed above will be equal to the weightedaverage dumping margin established in these amended final results of review; (2) for producers or exporters not covered in this review but covered in a prior segment of the proceeding, the cash deposit rate will continue to be the company-specific rate published for the most recently completed segment of this proceeding; (3) if the exporter is not a firm covered in this review or another completed segment of this proceeding, but the producer is, then the cash deposit rate will be the rate established for the most recently completed segment of this proceeding for the producer of the merchandise; and (4) if neither the 9 See section 751(a)(2)(C) of the Act. Court issued a statutory injunction under CIT case number 16–00138 (April 8, 2020). 10 The VerDate Sep<11>2014 19:26 Mar 03, 2023 Jkt 259001 exporter nor the producer is a firm covered in this or any previously completed segment of this proceeding, then the cash deposit rate will be the all-others rate of 3.66 percent established in the less-than-fair-value investigation.11 These cash deposit requirements, when imposed, shall remain in effect until further notice. DEPARTMENT OF COMMERCE Notification to Importers AGENCY: This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in the Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Administrative Protective Order This notice also serves as a 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)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. Notification to Interested Parties The amended final results and notice are issued and published in accordance with sections 751(h) and 777(i) of the Act and 19 CFR 351.224(e). Dated: February 28, 2023. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. [FR Doc. 2023–04498 Filed 3–3–23; 8:45 am] 13781 International Trade Administration [A–583–803] Light-Walled Welded Rectangular Carbon Steel Tubing From Taiwan: Continuation of Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of the determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC) that revocation of the antidumping duty (AD) order on light-walled welded rectangular carbon steel tubing (LWR tubing) from Taiwan would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, Commerce is publishing a notice of continuation of the AD order on LWR tubing from Taiwan. DATES: Applicable March 6, 2023. 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 the AD order on LWR tubing from Taiwan.1 On July 1, 2022, Commerce initiated,2 and the ITC instituted,3 a sunset review of the Order, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act). As a result of its review, Commerce determined, pursuant to sections 751(c)(1) and 752(c) of the Act, that revocation of the Order would likely lead to continuation or recurrence of dumping, and, therefore, notified the ITC of the magnitude of the margins of dumping rates likely to prevail should the Order be revoked.4 On February 28, 2023, the ITC published its determination that revocation of the BILLING CODE 3510–DS–P 11 See Corrosion-Resistant Steel Products from Taiwan: Notice of Court Decision Not in Harmony with Final Determination of Antidumping Duty Investigation and Notice of Amended Final Determination of Investigation, 84 FR 6129 (February 26, 2019). PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 1 See Antidumping Duty Order; Light-Walled Welded Rectangular Carbon Steel Tubing from Taiwan, 54 FR 12467(March 27, 1989) (Order). 2 See Initiation of Five-Year (Sunset) Reviews, 87 FR 39459 (July 1, 2022). 3 See Light-Walled Rectangular Pipe and Tube from Taiwan; Institution of a Five-Year Review, 87 FR 39562 (July 1, 2022). 4 See Light-Walled Welded Rectangular Carbon Steel Tubing from Taiwan: Final Results of the Expedited Sunset Review of the Antidumping Duty Order, 87 FR 64437 (October 25, 2022), and accompanying Issues and Decision Memorandum. E:\FR\FM\06MRN1.SGM 06MRN1 13782 Federal Register / Vol. 88, No. 43 / Monday, March 6, 2023 / Notices Order would likely lead to a continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.5 Dated: February 28, 2023. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. 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 U.S. Harmonized Tariff Schedule (HTSUS). It was formerly classified under subheading 7306.60.5000. The HTSUS subheadings are provided for convenience and customs purposes only. The written description remains dispositive. BILLING CODE 3510–DS–P [FR Doc. 2023–04449 Filed 3–3–23; 8:45 am] Continuation of the Order As a result of the determinations by Commerce and the ITC that revocation of the Order would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act and 19 CFR 351.218(a), Commerce hereby orders the continuation of the Order. U.S. Customs and Border Protection will continue to collect AD cash deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of the continuation of the Order will be the date of publication in the Federal Register of this notice of continuation. Pursuant to section 751(c)(2) of the Act and 19 CFR 351.218(c)(2), Commerce intends to initiate the next five-year (sunset) review of the Order not later than 30 days prior to the fifth anniversary of the effective date of continuation. lotter on DSK11XQN23PROD with NOTICES1 Administrative Protective Order This notice also serves as the only reminder to parties subject to the administrative protective order (APO) of their responsibility concerning the return, destruction, or conversion to judicial protective order of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Failure to comply is a violation of the APO which may be subject to sanctions. Notification to Interested Parties This five-year sunset review and this notice are in accordance with section 751(c) of the Act and published pursuant to section 777(i)(1) of the Act, and 19 CFR 351.218(f)(4). 5 See Light-Walled Rectangular Pipe and Tube from Taiwan, 88 FR 12698 (February 28, 2023); see also Light-Walled Rectangular Pipe and Tube from Taiwan: Investigation No. 731–TA–410 (Fifth Review), USITC Pub. 5410 (February 2023). VerDate Sep<11>2014 19:26 Mar 03, 2023 Jkt 259001 DEPARTMENT OF COMMERCE International Trade Administration [C–570–052] Certain Hardwood Plywood Products From the People’s Republic of China: Final Results of the Expedited First Sunset Review of the Countervailing Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) finds that revocation of the countervailing duty (CVD) order on certain hardwood plywood products (hardwood plywood) from the People’s Republic of China (China) would be likely to lead to the continuation or recurrence of countervailable subsidies at the levels indicated in the ‘‘Final Results of Sunset Review’’ section of this notice. DATES: Applicable March 6, 2023. FOR FURTHER INFORMATION CONTACT: Kelsie Hohenberger, 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) 482–2517. SUPPLEMENTARY INFORMATION: AGENCY: Background On January 4, 2018, Commerce published in the Federal Register the Order on hardwood plywood from China.1 On December 1, 2022, Commerce published the notice of initiation of the first sunset review of the Order, in accordance with section 751(c) of the Tariff Act of 1930, as amended (the Act).2 On December 13, 2022, Commerce received a timely notice of intent to participate from the Coalition for Fair Trade in Hardwood Plywood (Coalition), a domestic interested party.3 The Coalition claimed interested party status under section 1 See Certain Hardwood Plywood Products from the People’s Republic of China: Countervailing Duty Order, 83 FR 513 (January 4, 2018) (Order). 2 See Initiation of Five-Year (Sunset) Reviews, 87 FR 73757 (December 1, 2022). 3 See Coalition’s Letter, ‘‘Notice of Intent to Participate in Sunset Review,’’ dated December 13, 2022. PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 771(9)(C) of the Act as a group of domestic producers engaged in the production of hardwood plywood in the United States. On January 3, 2023, Commerce received a timely and adequate substantive response from the Coalition.4 We received no substantive responses from any other interested parties, including the Government of China, nor was a hearing requested. On January 25, 2023, Commerce notified the U.S. International Trade Commission that it did not receive an adequate substantive response from respondent interested parties.5 As a result, pursuant to 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce conducted an expedited (120-day) sunset review of the Order. Scope of the Order The merchandise covered by the Order is hardwood and decorative plywood, and certain veneered panels. For a complete description of the scope, see the Issues and Decision Memorandum.6 Analysis of Comments Received All issues raised in this sunset review are addressed in the accompanying Issues and Decision Memorandum, which is hereby adopted by this notice. The issues discussed in the Issues and Decision Memorandum are the likelihood of continuation or recurrence of countervailable subsidies, the net countervailable subsidy rates that are likely to prevail, and the nature of the subsidies. A list of the topics discussed in the Issues and Decision Memorandum is attached as an 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. 4 See Coalition’s Letter, ‘‘Substantive Response to the Notice of Initiation,’’ dated January 3, 2023 (Coalition’s Substantive Response). 5 See Commerce’s Letter, ‘‘Sunset Reviews Initiated on December 1, 2022,’’ dated January 25, 2023. 6 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of the Expedited First Sunset Review of the Countervailing Duty Order on Certain Hardwood Plywood Products from the People’s Republic of China,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). E:\FR\FM\06MRN1.SGM 06MRN1

Agencies

[Federal Register Volume 88, Number 43 (Monday, March 6, 2023)]
[Notices]
[Pages 13781-13782]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04449]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-803]


Light-Walled Welded Rectangular Carbon Steel Tubing From Taiwan: 
Continuation of Antidumping Duty Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: As a result of the determinations by the U.S. Department of 
Commerce (Commerce) and the U.S. International Trade Commission (ITC) 
that revocation of the antidumping duty (AD) order on light-walled 
welded rectangular carbon steel tubing (LWR tubing) from Taiwan would 
likely lead to a continuation or recurrence of dumping and material 
injury to an industry in the United States, Commerce is publishing a 
notice of continuation of the AD order on LWR tubing from Taiwan.


DATES: Applicable March 6, 2023.

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 the AD order on LWR tubing 
from Taiwan.\1\ On July 1, 2022, Commerce initiated,\2\ and the ITC 
instituted,\3\ a sunset review of the Order, pursuant to section 751(c) 
of the Tariff Act of 1930, as amended (the Act).
---------------------------------------------------------------------------

    \1\ See Antidumping Duty Order; Light-Walled Welded Rectangular 
Carbon Steel Tubing from Taiwan, 54 FR 12467(March 27, 1989) 
(Order).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 87 FR 39459 
(July 1, 2022).
    \3\ See Light-Walled Rectangular Pipe and Tube from Taiwan; 
Institution of a Five-Year Review, 87 FR 39562 (July 1, 2022).
---------------------------------------------------------------------------

    As a result of its review, Commerce determined, pursuant to 
sections 751(c)(1) and 752(c) of the Act, that revocation of the Order 
would likely lead to continuation or recurrence of dumping, and, 
therefore, notified the ITC of the magnitude of the margins of dumping 
rates likely to prevail should the Order be revoked.\4\ On February 28, 
2023, the ITC published its determination that revocation of the

[[Page 13782]]

Order would likely lead to a continuation or recurrence of material 
injury to an industry in the United States within a reasonably 
foreseeable time.\5\
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    \4\ See Light-Walled Welded Rectangular Carbon Steel Tubing from 
Taiwan: Final Results of the Expedited Sunset Review of the 
Antidumping Duty Order, 87 FR 64437 (October 25, 2022), and 
accompanying Issues and Decision Memorandum.
    \5\ See Light-Walled Rectangular Pipe and Tube from Taiwan, 88 
FR 12698 (February 28, 2023); see also Light-Walled Rectangular Pipe 
and Tube from Taiwan: Investigation No. 731-TA-410 (Fifth Review), 
USITC Pub. 5410 (February 2023).
---------------------------------------------------------------------------

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 U.S. Harmonized Tariff Schedule (HTSUS). It was 
formerly classified under subheading 7306.60.5000. The HTSUS 
subheadings are provided for convenience and customs purposes only. The 
written description remains dispositive.

Continuation of the Order

    As a result of the determinations by Commerce and the ITC that 
revocation of the Order would likely lead to a continuation or 
recurrence of dumping and material injury to an industry in the United 
States, pursuant to section 751(d)(2) of the Act and 19 CFR 351.218(a), 
Commerce hereby orders the continuation of the Order. U.S. Customs and 
Border Protection will continue to collect AD cash deposits at the 
rates in effect at the time of entry for all imports of subject 
merchandise.
    The effective date of the continuation of the Order will be the 
date of publication in the Federal Register of this notice of 
continuation. Pursuant to section 751(c)(2) of the Act and 19 CFR 
351.218(c)(2), Commerce intends to initiate the next five-year (sunset) 
review of the Order not later than 30 days prior to the fifth 
anniversary of the effective date of continuation.

Administrative Protective Order

    This notice also serves as the only reminder to parties subject to 
the administrative protective order (APO) of their responsibility 
concerning the return, destruction, or conversion to judicial 
protective order of proprietary information disclosed under APO in 
accordance with 19 CFR 351.305(a)(3). Failure to comply is a violation 
of the APO which may be subject to sanctions.

Notification to Interested Parties

    This five-year sunset review and this notice are in accordance with 
section 751(c) of the Act and published pursuant to section 777(i)(1) 
of the Act, and 19 CFR 351.218(f)(4).

    Dated: February 28, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-04449 Filed 3-3-23; 8:45 am]
BILLING CODE 3510-DS-P
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