Light-Walled Welded Rectangular Carbon Steel Tubing From Taiwan: Preliminary Affirmative Determination of Circumvention of the Antidumping Duty Order, 21980-21985 [2023-07711]
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21980
Federal Register / Vol. 88, No. 70 / Wednesday, April 12, 2023 / Notices
Office VI, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3896.
SUPPLEMENTARY INFORMATION:
Background
On February 23, 2001, Commerce
published in the Federal Register the
AD orders on stainless steel butt-weld
pipe fittings from Italy, Malaysia, and
the Philippines.1 On November 1, 2022,
the ITC instituted, and Commerce
initiated, the fourth sunset review of the
Orders, pursuant to section 751(c) of the
Tariff Act of 1930, as amended (the
Act).2 As a result of its reviews,
Commerce determined that revocation
of the Orders would likely lead to the
continuation or recurrence of dumping,
and therefore, notified the ITC of the
magnitude of the margins of dumping
likely to prevail should the Orders be
revoked.3
On April 6, 2023, the ITC published
its determination, pursuant to sections
751(c) and 752(a) of the Act, that
revocation of the Orders would likely
lead to continuation or recurrence of
material injury to an industry in the
United States within a reasonably
foreseeable time.4
ddrumheller on DSK120RN23PROD with NOTICES1
Scope of the Orders
The scope of the Orders cover buttweld fittings. Butt-weld fittings are
under 14 inches in outside diameter
(based on nominal pipe size), whether
finished or unfinished. The product
encompasses all grades of stainless steel
and ‘‘commodity’’ and ‘‘specialty’’
fittings. Specifically excluded from the
definition are threaded, grooved, and
bolted fittings, and fittings made from
any material other than stainless steel.
The butt-weld fittings subject to these
Orders are generally designated under
specification ASTM A403/A403M, the
standard specification for Wrought
Austenitic Stainless Steel Piping
Fittings, or its foreign equivalents (e.g.,
DIN or JIS specifications). This
1 See Antidumping Duty Orders: Stainless Steel
Butt-Weld Pipe Fittings from Italy, Malaysia, and
the Philippines, 66 FR 11257 (February 23, 2001)
(Orders).
2 See Stainless Steel Butt-Weld Pipe Fittings from
Italy, Malaysia, and the Philippines; Institution of
Five-Year Reviews, 87 FR 65819 (November 1,
2022); and Initiation of Five-Year (Sunset) Reviews,
87 FR 65746 (November 1, 2022).
3 See Stainless Steel Butt-Weld Pipe Fittings from
Italy, Malaysia, and the Philippines: Final Results
of the Expedited Fourth Sunset Review of the
Antidumping Duty Orders, 88 FR 14136 (March 7,
2023), and accompanying Issues and Decision
Memorandum.
4 See Stainless Steel Butt-Weld Pipe Fittings from
Italy, Malaysia, and the Philippines;
Determinations, 88 FR 20552 (April 6, 2023).
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specification covers two general classes
of fittings, WP and CR, of wrought
austenitic stainless-steel fittings of
seamless and welded construction
covered by the latest revision of ANSI
B16.9, ANSI B16.11, and ANSI B16.28.
Butt-weld fittings manufactured to
specification ASTM A774, or its foreign
equivalents, are also covered by the
Orders. These Orders do not apply to
cast fittings. Cast austenitic stainless
steel pipe fittings are covered by
specifications A351/A351M, A743/
743M, and A744/A744M. The butt-weld
fittings subject to these Orders are
currently classifiable under subheading
7307.23.0000 of the Harmonized Tariff
Schedule of the United States (HTSUS).
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
scope of these Orders is dispositive.
Continuation of the Orders
As a result of the determinations by
Commerce and the ITC that revocation
of the Orders would likely lead to
continuation or recurrence of dumping
and material injury to an industry in the
United States, pursuant to section
751(d)(2) of the Act, Commerce hereby
orders the continuation of the Orders.
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
Orders will be the date of publication in
the Federal Register of this notice of
continuation. Commerce intends to
initiate the next five-year reviews of the
Orders not later than 30 days prior to
the fifth anniversary of the effective date
of continuation.
Administrative Protective Order
This notice serves as the only
reminder to parties subject to an
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 with the regulations
and terms of the APO is a sanctionable
violation.
Notification to Interested Parties
These five-year (sunset) reviews and
this notice are in accordance with
sections 751(c) and 751(d)(2) of the Act
and published in accordance with
section 777(i) of the Act, and 19 CFR
351.218(f)(4).
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Dated: April 6, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2023–07636 Filed 4–11–23; 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:
Preliminary Affirmative Determination
of Circumvention of the Antidumping
Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that imports of light-walled
welded rectangular carbon steel tubing
(LWR tubing) from Taiwan, completed
in the Socialist Republic of Vietnam
(Vietnam) using hot-rolled steel (HRS)
produced in Taiwan, are circumventing
the antidumping duty (AD) order on
LWR tubing from Taiwan.
DATES: Applicable April 12, 2023.
FOR FURTHER INFORMATION CONTACT:
Bryan Hansen or Christopher Williams,
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) 482–3683 or
(202) 482–5166, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On March 27, 1989, Commerce
published in the Federal Register, the
AD order on LWR tubing from Taiwan.1
On August 4, 2022, Commerce initiated
a country-wide circumvention inquiry
to determine whether certain imports of
LWR tubing completed in Vietnam
using HRS produced in Taiwan are
circumventing the Order.2 On August
1 See Antidumping Duty Order; Light-Walled
Welded Rectangular Carbon Steel Tubing from
Taiwan, 54 FR 12467 (March 27, 1989) (Order or
Taiwan Order).
2 See 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:
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Federal Register / Vol. 88, No. 70 / Wednesday, April 12, 2023 / Notices
30, 2022, Commerce selected, in
alphabetical order, Hoa Phat Steel Pipe
Company Ltd (Hoa Phat) and Vina One
Steel Manufacturing Corp (Vina One) as
the mandatory respondents in this
circumvention inquiry.3
On December 9, 2022, Commerce
extended the time limit for issuing the
preliminary determination of this
circumvention inquiry from January 3 to
March 31, 2023.4 On March 31, 2023,
Commerce extended the time limit for
issuing the preliminary determination
in this circumvention inquiry from
March 31 to April 6, 2023.5 For a
complete description of the events that
followed the initiation of this
circumvention inquiry, see the
Preliminary Decision Memorandum.6
Scope of the Order
The product covered by the Order is
light-walled welded carbon steel pipe
and tube of rectangular (including
square) cross-section having a wall
thickness of less than 0.156 inch. For a
full description of the scope of the
Order, see the Preliminary Decision
Memorandum.7
Merchandise Subject to the
Circumvention Inquiry
This circumvention inquiry covers
LWR tubing completed in Vietnam
using Taiwan-origin HRS, which is
subsequently exported from Vietnam to
the United States (inquiry merchandise).
ddrumheller on DSK120RN23PROD with NOTICES1
Methodology
Commerce is conducting this
circumvention inquiry in accordance
with section 781(b) of the Tariff Act of
1930, as amended (the Act) and 19 CFR
351.226. For a complete description of
the methodology underlying the
preliminary determination, see the
Preliminary Decision Memorandum. A
list of topics discussed in the
Preliminary Decision Memorandum is
included in Appendix I to this notice.
The Preliminary Decision Memorandum
is a public document and is on file
electronically via Enforcement and
Initiation of Circumvention Inquiries on the
Antidumping and Countervailing Duty Orders, 87
FR 47711 (August 4, 2022), and accompanying
Circumvention Initiation Memorandum.
3 See Memorandum, ‘‘Respondent Selection
Memorandum,’’ dated August 30, 2022.
4 See Memorandum. ‘‘Extension of Preliminary
Determinations in Circumvention Inquiries,’’ dated
December 9, 2022.
5 See Memorandum, ‘‘Second Extension of
Preliminary Determinations in Circumvention
Inquiries,’’ dated March 31, 2023.
6 See Memorandum, ‘‘Preliminary Decision
Memorandum for the Circumvention Inquiry on the
Antidumping Duty Order,’’ dated concurrently
with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
7 Id. at 2.
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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.
Preliminary Circumvention
Determination
As detailed in the Preliminary
Decision Memorandum, Commerce
preliminarily determines that LWR
tubing completed in Vietnam, using
Taiwan-origin HRS, and subsequently
exported from Vietnam to the United
States, is circumventing the Order on a
country-wide basis. As a result, in
accordance with section 781(b) of the
Act, we preliminarily determine that the
inquiry merchandise should be
included within the scope of the Order.
See the ‘‘Suspension of Liquidation and
Cash Deposit Requirements’’ section,
below, for details regarding suspension
of liquidation and cash deposit
requirements. See the ‘‘Certifications’’
and ‘‘Certification Requirements for
Vietnam’’ sections, below, for details
regarding the use of certifications.
Use of Adverse Facts Available
Pursuant to section 776(a) of the Act,
if the necessary information is not
available on the record, or an interested
party withholds requested information,
fails to provide requested information
by the deadline or in the form and
manner requested, or significantly
impeded a proceeding, Commerce shall
use the facts otherwise available in
reaching the applicable determination.
Moreover, pursuant to section 776(b) of
the Act, Commerce may use inferences
adverse to the interests of an interested
party in selecting from among the facts
otherwise available if the party fails to
cooperate by not acting to the best of its
ability to provide requested information.
Commerce requested information
from the two exporters that account for
the largest volume of the subject
merchandise from Vietnam during the
inquiry period that Commerce
determined can be reasonably examined
for purposes of respondent selection. In
these initial questionnaires, Commerce
explained that, if the company to which
Commerce issued the questionnaire fails
to respond timely to the questionnaire,
or fails to provide the requested
information, Commerce may find that
the company failed to cooperate by not
acting to the best of its ability to comply
with the request for information, and
may use an inference that is adverse to
the company’s interests in selecting
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21981
from the facts otherwise available. One
of the mandatory respondents to which
Commerce issued the initial
questionnaire in this inquiry, i.e., Hoa
Phat, received, but failed to timely
respond to, Commerce’s questionnaire.8
Therefore, we preliminarily find that
Hoa Phat failed to provide requested
information by the deadline or in the
form and manner requested, and
significantly impeded this inquiry.
Moreover, we find that this company
failed to cooperate to the best of its
ability to provide the requested
information because it did not provide
a timely response to Commerce’s initial
questionnaire. Consequently, we used
adverse inferences with respect to Hoa
Phat in selecting from among the facts
otherwise available on the record,
pursuant to sections 776(a) and (b) of
the Act. For details regarding the
adverse facts available used in this
preliminary determination, see the
Preliminary Decision Memorandum.
As detailed in the Preliminary
Decision Memorandum, based on AFA,
we preliminarily determine that Hoa
Phat exported inquiry merchandise and
that U.S. entries of that merchandise are
circumventing the Order. Additionally,
we are preliminarily precluding Hoa
Phat from participating in the
certification program that we are
establishing for exports of LWR tubing
from Vietnam.
U.S. entries of inquiry merchandise
made on or after August 4, 2022, that are
ineligible for certification based on the
failure of Hoa Phat to cooperate, or for
other reasons, shall remain subject to
suspension of liquidation until final
assessment instructions on those entries
are issued, whether by automatic
liquidation instructions, or by
instructions pursuant to the final results
of an administrative review.9
Suspension of Liquidation and Cash
Deposit Requirements
Based on the preliminary affirmative
country-wide determination of
circumvention for Taiwan, in
accordance with 19 CFR 351.226(l)(2),
we will direct U.S. Customs and Border
Protection (CBP) to suspend liquidation
and require a cash deposit of estimated
duties on unliquidated entries of LWR
tubing completed in Vietnam using
Taiwan-origin HRS, that were entered,
or withdrawn from warehouse, for
consumption on or after August 4, 2022,
the date of publication of the initiation
of this circumvention inquiry in the
Federal Register.
8 Id.
at 6.
9 Commerce
encourages interested parties to
provide comments on this topic in their case briefs.
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Federal Register / Vol. 88, No. 70 / Wednesday, April 12, 2023 / Notices
ddrumheller on DSK120RN23PROD with NOTICES1
LWR tubing produced in Vietnam
from HRS that is not of Taiwan origin
is not subject to this inquiry. Therefore,
cash deposits are not required for such
merchandise under the Taiwan Order.
However, Commerce preliminarily finds
that light-walled rectangular pipe and
tube (LWRPT) completed in Vietnam
using the People’s Republic of China
(China)-origin HRS is circumventing the
AD and countervailing duty (CVD)
orders on LWRPT from China, and
LWRPT from Republic of Korea (Korea)
completed in Vietnam using Koreaorigin HRS is circumventing the AD
order on LWRPT from Korea.10 Imports
of such merchandise are subject to
certification requirements, and cash
deposits may be required.
If an importer imports LWR tubing
from Vietnam and claims that the LWR
tubing was not produced from Taiwanorigin HRS, in order to not be subject to
the Taiwan Order cash deposit
requirements, the importer and exporter
are required to meet the certification
and documentation requirements
described in the ‘‘Certifications’’ and
‘‘Certification Requirements for
Vietnam’’ sections, below.
Where no certification is provided for
an entry, and AD/CVD orders from three
countries (China, Korea, or Taiwan)
potentially apply to that entry,
Commerce intends to instruct CBP to
suspend the entry and collect cash
deposits at the rates applicable to the
AD and CVD orders on LWRPT from
China (i.e., the AD rate established for
the China-wide entity (255.07 percent)
and the CVD rate established for allothers (15.28 percent) under the
following third country case numbers:
A–552–914–000 and C–552–915–000.11
This is to prevent evasion, given that the
AD/CVD rates established for LWRPT
from China are higher than the AD rates
established for LWRPT from Korea and
LWR tubing from Taiwan.
Where a certification is provided for
the AD/CVD orders on LWRPT from
10 See the unpublished Federal Register notices,
‘‘Light-Walled Rectangular Pipe and Tube from the
People’s Republic of China: Preliminary Affirmative
Determination of Circumvention of the
Antidumping and Countervailing Duty Orders,’’
and ‘‘Light-Walled Welded Rectangular Carbon
Steel Tubing from Korea: Preliminary Affirmative
Determination of Circumvention of the
Antidumping Duty Order,’’ dated concurrently with
this notice.
11 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); 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).
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China (stating that the merchandise was
not produced using China-origin HRS),
but no other certification is provided,
then Commerce intends to instruct CBP
to suspend the entry and collect cash
deposits at the rate applicable to the
Taiwan Order (i.e., the AD rate
established for all-others (18.05
percent)) under the following third
country case number: A–552–863–
000.12 This is to prevent evasion, given
that the AD rate established for LWR
tubing from Taiwan is higher than the
AD rate established for LWRPT from
Korea.
Commerce established the following
third country case number in the
Automated Commercial Environment
(ACE) for entries of LWR tubing
produced in Vietnam using Taiwanorigin HRS: A–552–863–000. Commerce
also established the following companyspecific third country case number for
Vina One, for which Commerce made an
affirmative determination of
circumvention, for entries of LWR
tubing produced in Vietnam using
Taiwan-origin HRS: A–552–863–001.
The cash deposit rate will be the Taiwan
AD all-others rate (i.e., 18.05 percent).13
For Hoa Phat, which will not be
permitted to certify that its merchandise
was not produced from Taiwan-origin
HRS, Commerce will direct CBP to
suspend liquidation and require a cash
deposit at the AD/CVD rates established
for LWRPT from China. Commerce
established the following companyspecific third country case numbers for
Hoa Phat: A–552–914–001 and C–552–
915–001.
These suspension of liquidation
instructions will remain in effect until
further notice.
Certified Entries
Entries for which the importer and
exporter have met the certification
requirements described below and in
Appendix II to this notice will not be
subject to suspension of liquidation, or
the cash deposit requirements described
above. Failure to comply with the
applicable requisite certification
requirements may result in the
merchandise being subject to duties.
Certifications
To administer the preliminary
affirmative country-wide determination
of circumvention, Commerce
established importer and exporter
certifications, which allow companies to
certify that specific entries of LWR
12 See Light-Walled Welded Rectangular Carbon
Steel Tubing from Taiwan; Final Results of
Antidumping Duty Administrative Review, 57 FR
24464, 24466 (June 9, 1992).
13 Id.
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tubing from Vietnam are not subject to
suspension of liquidation or the
collection of cash deposits pursuant to
this preliminary affirmative countrywide determination of circumvention
because the merchandise is not made
with Taiwan-origin HRS (see Appendix
II to this notice). Because Hoa Phat was
non-cooperative, it is not eligible to use
the certification described above.14
Importers and exporters that claim
that the entry of LWR tubing is not
subject to suspension of liquidation or
the collection of cash deposits because
the merchandise is not made with
Taiwan-origin HRS must complete the
applicable certification and meet the
certification and documentation
requirements described below, as well
as the requirements identified in the
applicable certification.
Certification Requirements for Vietnam
Importers are required to complete
and maintain the applicable importer
certification, and maintain a copy of the
applicable exporter certification, and
retain all supporting documentation for
both certifications. With the exception
of the entries described below, the
importer certification must be
completed, signed, and dated by the
time the entry summary is filed for the
relevant entry. The importer, or the
importer’s agent, must submit both the
importer’s certification and the
exporter’s certification to CBP as part of
the entry process by uploading them
into the document imaging system (DIS)
in ACE. Where the importer uses a
broker to facilitate the entry process, the
importer should obtain the entry
summary number from the broker.
Agents of the importer, such as brokers,
however, are not permitted to certify on
behalf of the importer.
Exporters are required to complete
and maintain the applicable exporter
certification and provide the importer
with a copy of that certification and all
supporting documentation (e.g., invoice,
purchase order, production records,
etc.). With the exception of the entries
described below, the exporter
certification must be completed, signed,
and dated by the time of shipment of the
relevant entries. The exporter
certification should be completed by the
14 See Preliminary Decision Memorandum at the
‘‘Use of Facts Available with Adverse Inferences’’
section; see also, e.g., Anti-circumvention Inquiry of
the Antidumping Duty Order on Certain Pasta from
Italy: Affirmative Preliminary Determination of
Circumvention of the Antidumping Duty Order, 63
FR 18364, 18366 (April 15, 1998), unchanged in
Anti-Circumvention Inquiry of the Antidumping
Duty Order on Certain Pasta from Italy: Affirmative
Final Determination of Circumvention of the
Antidumping Duty Order, 63 FR 54672, 54675–76
(October 13, 1998).
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Federal Register / Vol. 88, No. 70 / Wednesday, April 12, 2023 / Notices
party selling the LWR tubing that was
manufactured in Vietnam to the United
States.
Additionally, the claims made in the
certifications and any supporting
documentation are subject to
verification by Commerce and/or CBP.
Importers and exporters are required to
maintain the certifications and
supporting documentation until the
later of: (1) the date that is five years
after the latest entry date of the entries
covered by the certification; or (2) the
date that is three years after the
conclusion of any litigation in United
States courts regarding such entries.
For all LWR tubing from Vietnam that
was entered, or withdrawn from
warehouse, for consumption during the
period August 4, 2022 (the date of
initiation of these circumvention
inquiries), through the date of
publication of the preliminary
determination in the Federal Register,
where the entry has not been liquidated
(and entries for which liquidation has
not become final), the relevant
certification should be completed and
signed as soon as practicable, but not
later than 45 days after the date of
publication of this preliminary
determination in the Federal Register.
For such entries, importers and
exporters each have the option to
complete a blanket certification
covering multiple entries, individual
certifications for each entry, or a
combination thereof. The exporter must
provide the importer with a copy of the
exporter certification within 45 days of
the date of publication of this
preliminary determination in the
Federal Register.
For unliquidated entries (and entries
for which liquidation has not become
final) of LWR tubing that were declared
as non-AD type entries (e.g., type 01)
and entered, or withdrawn from
warehouse, for consumption in the
United States during the period August
4, 2022 (the date of initiation of these
circumvention inquiries), through the
date of publication of the preliminary
determination in the Federal Register,
for which none of the above
certifications may be made, importers
must file a Post Summary Correction
with CBP, in accordance with CBP’s
regulations, regarding conversion of
such entries from non-AD type entries
to AD type entries (e.g., type 01 to type
03). Importers should report those AD
type entries using the third country case
numbers identified in the ‘‘Suspension
of Liquidation and Cash Deposit
Requirements’’ section, above. The
importer should pay cash deposits on
those entries consistent with the
regulations governing post summary
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corrections that require payment of
additional duties.
If it is determined that an importer
and/or exporter has not met the
certification and/or related
documentation requirements for certain
entries, Commerce intends to instruct
CBP to suspend, pursuant to this
preliminary affirmative country-wide
determination of circumvention and the
Order,15 all unliquidated entries for
which these requirements were not met
and to require the importer to post
applicable cash deposits equal to the
rates noted above.
Interested parties may comment on
these certification requirements, and on
the certification language contained in
Appendix II to this notice in their case
briefs.
Verification
As provided in 19 CFR 351.307,
Commerce may verify information
relied upon in making its final
determination.
Public Comment
Case briefs or other written comments
should be submitted to the Assistant
Secretary for Enforcement and
Compliance no later than seven days
after the date on which the last
verification report is issued. Rebuttal
briefs, limited to issues raised in case
briefs, may be submitted no later than
seven days after the deadline for case
briefs.16 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.17
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. Requests
should contain the party’s name,
address, and telephone number, the
number of participants, whether any
participant is a foreign national, and a
list of the issues to be discussed. If a
request for a hearing is made, Commerce
intends to hold the hearing at a time and
date to be determined.
All submissions should be filed
electronically via ACCESS.18
Alternative arrangements for manual
15 See
Order.
19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
17 See 19 CFR 351.309(c)(2)(d)(2).
18 See 19 CFR 351.303.
21983
filings must be made by contacting the
official in charge at least 72 hours before
the deadline. Note that Commerce has
temporarily modified certain of its
requirements for serving documents
containing business proprietary
information, until further notice.19
U.S. International Trade Commission
Notification
Commerce, consistent with section
781(e) of the Act, will notify the U.S.
International Trade Commission (ITC) of
this preliminary determination to
include the merchandise subject to this
circumvention inquiry within the Order.
Pursuant to section 781(e) of the Act,
the ITC may request consultations
concerning Commerce’s proposed
inclusion of the inquiry merchandise. If,
after consultations, the ITC believes that
a significant injury issue is presented by
the proposed inclusion, it will have 60
days from the date of notification by
Commerce to provide written advice.
Notification to Interested Parties
This determination is issued and
published in accordance with section
781(b) of the Act and 19 CFR
351.226(g)(1).
Dated: April 6, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix I
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Merchandise Subject to the
Circumvention Inquiry
V. Period of Circumvention Inquiry
VI. Application of Facts Available and Use of
Adverse Inference
VII. Affiliation and Collapsing
VIII. Statutory and Regulatory Framework for
Circumvention Inquiry
IX. Analysis of Statutory Criteria for the
Circumvention Inquiry
X. Summary of Analysis
XI. Verification
XII. Certification Process and Country-Wide
Affirmative Determination of
Circumvention
XIII. Recommendation
Appendix II
1. Certifications
Importer Certification
I hereby certify that:
A. My name is {IMPORTING COMPANY
OFFICIAL’S NAME} and I am an official of
{IMPORTING COMPANY}, located at
{ADDRESS OF IMPORTING COMPANY};
16 See
PO 00000
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19 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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B. I have direct personal knowledge of the
facts regarding the importation into the
Customs territory of the United States of the
light-walled welded rectangular carbon steel
tubing (LWR tubing) produced in Vietnam
that entered under entry summary number(s),
identified below, and are covered by this
certification. ‘‘Direct personal knowledge’’
refers to facts the certifying party is expected
to have in its own records. For example, the
importer should have direct personal
knowledge of the importation of LWR tubing,
including the exporter’s and/or foreign
seller’s identity and location;
C. If the importer is acting on behalf of the
first U.S. customer, include the following
sentence as paragraph C of this certification:
The LWR tubing covered by this
certification was imported by {IMPORTING
COMPANY} on behalf of {U.S. CUSTOMER},
located at {ADDRESS OF U.S. CUSTOMER};
If the importer is not acting on behalf of
the first U.S. customer, include the following
sentence as paragraph C of this certification:
{NAME OF IMPORTING COMPANY} is
not acting on behalf of the first U.S.
customer.
D. The LWR Tubing covered by this
certification was shipped to {NAME OF
PARTY IN THE UNITED STATES TO
WHOM THE MERCHANDISE WAS FIRST
SHIPPED}, located at {U.S. ADDRESS TO
WHICH MERCHANDISE WAS SHIPPED}.
E. I have personal knowledge of the facts
regarding the production of the imported
products covered by this certification.
‘‘Personal knowledge’’ includes facts
obtained from another party, (e.g.,
correspondence received by the importer (or
exporter) from the producer regarding the
source of hot-rolled steel (HRS) used to
produce the imported LWR tubing);
F. This certification applies to the
following entries (repeat this block as many
times as necessary):
Entry Summary #:
Entry Summary Line Item #:
Foreign Seller:
Foreign Seller’s Address:
Foreign Seller’s Invoice #:
Foreign Seller’s Invoice Line Item #:
Country of Origin of HRS:
Producer:
Producer’s Address:
G. The LWR tubing covered by this
certification does not contain HRS produced
in Taiwan;
H. I understand that {IMPORTING
COMPANY} is required to maintain a copy
of this certification and sufficient
documentation supporting this certification
(i.e., documents maintained in the normal
course of business, or documents obtained by
the certifying party, for example, certificates
of origin, product data sheets, mill test
reports, productions records, invoices, etc.)
until the later of: (1) the date that is five years
after the date of the latest entry covered by
the certification; or (2) the date that is three
years after the conclusion of any litigation in
the United States courts regarding such
entries;
I. I understand that {IMPORTING
COMPANY} is required to maintain a copy
of the exporter’s certification (attesting to the
production and/or exportation of the
VerDate Sep<11>2014
19:25 Apr 11, 2023
Jkt 259001
imported merchandise identified above), and
any supporting documentation provided to
the importer by the exporter, until the later
of: (1) the date that is five years after the date
of the latest entry covered by the
certification; or (2) the date that is three years
after the conclusion of any litigation in
United States courts regarding such entries;
J. I understand that {IMPORTING
COMPANY}is required to provide U.S.
Customs and Border Protection (CBP) and/or
the U.S. Department of Commerce
(Commerce) with the importer certification,
and any supporting documentation, and a
copy of the exporter’s certification, and any
supporting documentation provided to the
importer by the exporter, upon request of
either agency;
K. I understand that the claims made
herein, and the substantiating
documentation, are subject to verification by
CBP and/or Commerce;
L. I understand that failure to maintain the
required certification and supporting
documentation, or failure to substantiate the
claims made herein, or not allowing CBP
and/or Commerce to verify the claims made
herein, may result in a de facto
determination that all entries to which this
certification applies are within the scope of
the antidumping duty order on LWR tubing
from Taiwan. I understand that such finding
will result in:
(i) suspension of liquidation of all
unliquidated entries (and entries for which
liquidation has not become final) for which
these requirements were not met;
(ii) the importer being required to post cash
deposits determined by Commerce; and
(iii) the importer no longer being allowed
to participate in the certification process.
M. I understand that agents of the importer,
such as brokers, are not permitted to make
this certification;
This certification was completed and
signed on, or prior to, the date of the entry
summary if the entry date is more than 14
days after the date of publication of the
notice of Commerce’s preliminary
determination of circumvention in the
Federal Register. If the entry date is on or
before the 14th day after the date of
publication of the notice of Commerce’s
preliminary determination of circumvention
in the Federal Register, this certification was
completed and signed by no later than 45
days after publication of the notice of
Commerce’s preliminary determination of
circumvention in the Federal Register.
N. I am aware that U.S. law (including, but
not limited to, 18 U.S.C. 1001) imposes
criminal sanctions on individuals who
knowingly and willfully make material false
statements to the U.S. government.
Signature
{NAME OF COMPANY OFFICIAL}
{TITLE OF COMPANY OFFICIAL}
{DATE}
Exporter Certification
The party that made the sale to the United
States should fill out the exporter
certification.
I hereby certify that:
A. My name is {COMPANY OFFICIAL’S
NAME} and I am an official of {NAME OF
PO 00000
Frm 00024
Fmt 4703
Sfmt 4703
FOREIGN COMPANY THAT MADE THE
SALE TO THE UNITED STATES); located at
{ADDRESS OF FOREIGN COMPANY THAT
MADE THE SALE TO THE UNITED
STATES);
B. I have direct personal knowledge of the
facts regarding the production and
exportation of the light-walled welded
rectangular carbon steel tubing (LWR tubing)
for which sales are identified below. ‘‘Direct
personal knowledge’’ refers to facts the
certifying party is expected to have in its own
records. For example, an exporter should
have direct personal knowledge of the
producer’s identity and location;
C. The LWR tubing covered by this
certification was shipped to {NAME OF
PARTY IN THE UNITED STATES TO
WHOM MERCHANDISE WAS FIRST
SHIPPED}, located at {U.S. ADDRESS TO
WHICH MERCHANDISE WAS SHIPPED};
D. The LWR tubing covered by this
certification does not contain HRS produced
in Taiwan;
E. This certification applies to the
following sales to {NAME OF U.S.
CUSTOMER}, located at {ADDRESS OF U.S.
CUSTOMER} (repeat this block as many
times as necessary):
Foreign Seller’s Invoice # to U.S. Customer:
Foreign Seller’s Invoice to U.S. Customer
Line item #:
Producer Name:
Producer’s Address:
Producer’s Invoice # to Foreign Seller: (If
the foreign seller and the producer are the
same party, put NA here.)
Name of Producer of HRS:
Location (Country) of Producer of HRS:
F. The LWR tubing covered by this
certification was shipped to {NAME OF U.S.
PARTY TO WHOM MERCHANDISE WAS
SHIPPED}, located at {U.S. ADDRESS TO
WHICH MERCHANDISE WAS SHIPPED};
G. I understand that {NAME OF FOREIGN
COMPANY THAT MADE THE SALE TO
THE UNITED STATES} is required to
maintain a copy of this certification and
sufficient documentation supporting this
certification (i.e., documents maintained in
the normal course of business, or documents
obtained by the certifying party, for example,
product data sheets, mill test reports,
productions records, invoices, etc.) until the
later of: (1) the date that is five years after the
latest date of the entries covered by the
certification; or (2) the date that is three years
after the conclusion of any litigation in the
United States courts regarding such entries;
H. I understand that {NAME OF FOREIGN
COMPANY THAT MADE THE SALE TO
THE UNITED STATES} is required to
provide the U.S. importer with a copy of this
certification and is required to provide U.S.
Customs and Border Protection (CBP) and/or
the U.S. Department of Commerce
(Commerce) with this certification, and any
supporting documents, upon request of either
agency;
I. I understand that the claims made
herein, and the substantiating
documentation, are subject to verification by
CBP and/or Commerce;
J. I understand that failure to maintain the
required certification and supporting
documentation, or failure to substantiate the
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claims made herein, or not allowing CBP
and/or Commerce to verify the claims made
herein, may result in a de facto
determination that all sales to which this
certification applies are within the scope of
the antidumping duty order on LWR tubing
from Taiwan. I understand that such a
finding will result in:
(i) suspension of all unliquidated entries
(and entries for which liquidation has not
become final) for which these requirements
were not met;
(ii) the importer being required to post the
cash deposits determined by Commerce; and
(iii) the seller/exporter no longer being
allowed to participate in the certification
process.
K. I understand that agents of the seller/
exporter, such as freight forwarding
companies or brokers, are not permitted to
make this certification.
L. This certification was completed and
signed, and a copy of the certification was
provided to the importer, on, or prior to, the
date of shipment if the shipment date is more
than 14 days after the date of publication of
the notice of Commerce’s preliminary
determination of circumvention in the
Federal Register. If the shipment date is on
or before the 14th day after the date of
publication of the notice of Commerce’s
preliminary determination of circumvention
in the Federal Register, this certification was
completed and signed, and a copy of the
certification was provided to the importer, by
no later than 45 days after publication of the
notice of Commerce’s preliminary
determination of circumvention in the
Federal Register; and
M. I am aware that U.S. law (including, but
not limited to, 18 U.S.C. 1001) imposes
criminal sanctions on individuals who
knowingly and willfully make material false
statements to the U.S. government.
Signature
{NAME OF COMPANY OFFICIAL}
{TITLE OF COMPANY OFFICIAL}
{DATE}
[FR Doc. 2023–07711 Filed 4–11–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–914, C–570–915]
ddrumheller on DSK120RN23PROD with NOTICES1
Light-Walled Rectangular Pipe and
Tube From the People’s Republic of
China: Preliminary Affirmative
Determination of Circumvention of the
Antidumping Duty and Countervailing
Duty Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that imports of light-walled
rectangular pipe and tube (LWRPT),
completed in the Socialist Republic of
Vietnam (Vietnam) using hot-rolled
AGENCY:
VerDate Sep<11>2014
19:25 Apr 11, 2023
Jkt 259001
21985
steel (HRS) produced in the People’s
Republic of China (China), are
circumventing the antidumping duty
(AD) and countervailing duty (CVD)
orders on LWRPT from China.
DATES: Applicable April 12, 2023.
FOR FURTHER INFORMATION CONTACT:
Reginald Anadio, 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) 482–3166.
SUPPLEMENTARY INFORMATION:
Commerce rejected Hoa Phat’s response
as untimely filed.5
On December 9, 2022, Commerce
extended the time limit for issuing the
preliminary determination in this
circumvention inquiry from January 3 to
March 31, 2023.6 On March 31, 2023,
Commerce extended the time limit for
issuing the preliminary determination
in this circumvention inquiry from
March 31 to April 6, 2023.7 For a
complete description of the events that
followed the initiation of this
circumvention inquiry, see the
Preliminary Decision Memorandum.8
Background
Scope of the Orders 9
On August 5, 2008, Commerce
published in the Federal Register the
AD and CVD orders on LWRPT from
China.1 On August 4, 2022, Commerce
initiated a country-wide circumvention
inquiry to determine whether certain
imports of LWRPT completed in
Vietnam using HRS produced in China
are circumventing the Orders.2 On
August 30, 2022, Commerce selected, in
alphabetical order, Hoa Phat Steel Pipe
Co., Ltd. (Hoa Phat) and Vina One Steel
Manufacturing Corp (Vina One) as the
mandatory respondents in this
circumvention inquiry.3 Between
September 2022 and February 2023,
Commerce issued questionnaires to
Vina One and received timely
responses.4 On November 17, 2022,
The products covered by the Orders
include certain quality light-walled steel
pipe and tube, of rectangular (including
square) cross section, having a wall
thickness of less than 4 millimeters. For
a full description of the scope of the
Orders, see the Preliminary Decision
Memorandum.10
1 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); 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 or China Orders).
2 See 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, 87
FR 47711 (August 4, 2022).
3 See Memorandum, ‘‘Respondent Selection,’’
dated August 30, 2022.
4 See Commerce’s Letters, ‘‘Circumvention
Inquiry Initial Questionnaire,’’ dated September 6,
2022; ‘‘Supplemental Questionnaire,’’ dated
November 29, 2022; ‘‘Second Supplemental
Questionnaire,’’ dated February 3, 2023; ‘‘Third
Supplemental Questionnaire,’’ dated February 24,
2023. See also Vina One’s Letter, ‘‘Questionnaire
Response,’’ dated October 7, 2022; ‘‘Supplemental
Questionnaire Response,’’ dated December 16,
2022; ‘‘2nd Supplemental Questionnaire
Response,’’ dated February 17, 2023; ‘‘3rd
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Frm 00025
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Merchandise Subject to the
Circumvention Inquiry
This circumvention inquiry covers
LWRPT completed in Vietnam using
China-origin HRS and subsequently
exported from Vietnam to the United
States (inquiry merchandise).
Methodology
Commerce is conducting this
circumvention inquiry in accordance
with section 781(b) of the Tariff Act of
1930, as amended (the Act) and 19 CFR
351.226. For a complete description of
the events that followed the initiation of
this circumvention inquiry, see the
Preliminary Decision Memorandum. A
list of topics discussed in the
Preliminary Decision Memorandum is
included as an Appendix I to this
notice. The Preliminary Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Supplemental Questionnaire Response,’’ dated
March 3, 2023.
5 See Memorandum, ‘‘Rejection of Hoa Phat Steel
Pipe Co., Ltd. Response to Initial Questionnaire,’’
dated November 17, 2022; see also Memorandum,
‘‘Take Action on Certain Barcodes,’’ dated
November 17, 2022.
6 See Memorandum, ‘‘Extension of Preliminary
Determinations in Circumvention Inquiries,’’ dated
December 9, 2022.
7 See Memorandum, ‘‘Second Extension of
Preliminary Determinations in Circumvention
Inquiries,’’ dated March 31, 2023.
8 See Memorandum, ‘‘Preliminary Decision
Memorandum for the Circumvention Inquiry on the
Antidumping Duty and Countervailing Duty
Orders,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
9 See Orders.
10 See Preliminary Decision Memorandum.
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]]>Agencies
[Federal Register Volume 88, Number 70 (Wednesday, April 12, 2023)]
[Notices]
[Pages 21980-21985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07711]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-803]
Light-Walled Welded Rectangular Carbon Steel Tubing From Taiwan:
Preliminary Affirmative Determination of Circumvention of the
Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that imports of light-walled welded rectangular carbon steel
tubing (LWR tubing) from Taiwan, completed in the Socialist Republic of
Vietnam (Vietnam) using hot-rolled steel (HRS) produced in Taiwan, are
circumventing the antidumping duty (AD) order on LWR tubing from
Taiwan.
DATES: Applicable April 12, 2023.
FOR FURTHER INFORMATION CONTACT: Bryan Hansen or Christopher Williams,
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) 482-3683 or (202)
482-5166, respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 27, 1989, Commerce published in the Federal Register, the
AD order on LWR tubing from Taiwan.\1\ On August 4, 2022, Commerce
initiated a country-wide circumvention inquiry to determine whether
certain imports of LWR tubing completed in Vietnam using HRS produced
in Taiwan are circumventing the Order.\2\ On August
[[Page 21981]]
30, 2022, Commerce selected, in alphabetical order, Hoa Phat Steel Pipe
Company Ltd (Hoa Phat) and Vina One Steel Manufacturing Corp (Vina One)
as the mandatory respondents in this circumvention inquiry.\3\
---------------------------------------------------------------------------
\1\ See Antidumping Duty Order; Light-Walled Welded Rectangular
Carbon Steel Tubing from Taiwan, 54 FR 12467 (March 27, 1989) (Order
or Taiwan Order).
\2\ See 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, 87 FR
47711 (August 4, 2022), and accompanying Circumvention Initiation
Memorandum.
\3\ See Memorandum, ``Respondent Selection Memorandum,'' dated
August 30, 2022.
---------------------------------------------------------------------------
On December 9, 2022, Commerce extended the time limit for issuing
the preliminary determination of this circumvention inquiry from
January 3 to March 31, 2023.\4\ On March 31, 2023, Commerce extended
the time limit for issuing the preliminary determination in this
circumvention inquiry from March 31 to April 6, 2023.\5\ For a complete
description of the events that followed the initiation of this
circumvention inquiry, see the Preliminary Decision Memorandum.\6\
---------------------------------------------------------------------------
\4\ See Memorandum. ``Extension of Preliminary Determinations in
Circumvention Inquiries,'' dated December 9, 2022.
\5\ See Memorandum, ``Second Extension of Preliminary
Determinations in Circumvention Inquiries,'' dated March 31, 2023.
\6\ See Memorandum, ``Preliminary Decision Memorandum for the
Circumvention Inquiry on the Antidumping Duty Order,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The product covered by the Order is light-walled welded carbon
steel pipe and tube of rectangular (including square) cross-section
having a wall thickness of less than 0.156 inch. For a full description
of the scope of the Order, see the Preliminary Decision Memorandum.\7\
---------------------------------------------------------------------------
\7\ Id. at 2.
---------------------------------------------------------------------------
Merchandise Subject to the Circumvention Inquiry
This circumvention inquiry covers LWR tubing completed in Vietnam
using Taiwan-origin HRS, which is subsequently exported from Vietnam to
the United States (inquiry merchandise).
Methodology
Commerce is conducting this circumvention inquiry in accordance
with section 781(b) of the Tariff Act of 1930, as amended (the Act) and
19 CFR 351.226. For a complete description of the methodology
underlying the preliminary determination, see the Preliminary Decision
Memorandum. A list of topics discussed in the Preliminary Decision
Memorandum is included in Appendix I 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.
Preliminary Circumvention Determination
As detailed in the Preliminary Decision Memorandum, Commerce
preliminarily determines that LWR tubing completed in Vietnam, using
Taiwan-origin HRS, and subsequently exported from Vietnam to the United
States, is circumventing the Order on a country-wide basis. As a
result, in accordance with section 781(b) of the Act, we preliminarily
determine that the inquiry merchandise should be included within the
scope of the Order. See the ``Suspension of Liquidation and Cash
Deposit Requirements'' section, below, for details regarding suspension
of liquidation and cash deposit requirements. See the
``Certifications'' and ``Certification Requirements for Vietnam''
sections, below, for details regarding the use of certifications.
Use of Adverse Facts Available
Pursuant to section 776(a) of the Act, if the necessary information
is not available on the record, or an interested party withholds
requested information, fails to provide requested information by the
deadline or in the form and manner requested, or significantly impeded
a proceeding, Commerce shall use the facts otherwise available in
reaching the applicable determination. Moreover, pursuant to section
776(b) of the Act, Commerce may use inferences adverse to the interests
of an interested party in selecting from among the facts otherwise
available if the party fails to cooperate by not acting to the best of
its ability to provide requested information.
Commerce requested information from the two exporters that account
for the largest volume of the subject merchandise from Vietnam during
the inquiry period that Commerce determined can be reasonably examined
for purposes of respondent selection. In these initial questionnaires,
Commerce explained that, if the company to which Commerce issued the
questionnaire fails to respond timely to the questionnaire, or fails to
provide the requested information, Commerce may find that the company
failed to cooperate by not acting to the best of its ability to comply
with the request for information, and may use an inference that is
adverse to the company's interests in selecting from the facts
otherwise available. One of the mandatory respondents to which Commerce
issued the initial questionnaire in this inquiry, i.e., Hoa Phat,
received, but failed to timely respond to, Commerce's questionnaire.\8\
---------------------------------------------------------------------------
\8\ Id. at 6.
---------------------------------------------------------------------------
Therefore, we preliminarily find that Hoa Phat failed to provide
requested information by the deadline or in the form and manner
requested, and significantly impeded this inquiry. Moreover, we find
that this company failed to cooperate to the best of its ability to
provide the requested information because it did not provide a timely
response to Commerce's initial questionnaire. Consequently, we used
adverse inferences with respect to Hoa Phat in selecting from among the
facts otherwise available on the record, pursuant to sections 776(a)
and (b) of the Act. For details regarding the adverse facts available
used in this preliminary determination, see the Preliminary Decision
Memorandum.
As detailed in the Preliminary Decision Memorandum, based on AFA,
we preliminarily determine that Hoa Phat exported inquiry merchandise
and that U.S. entries of that merchandise are circumventing the Order.
Additionally, we are preliminarily precluding Hoa Phat from
participating in the certification program that we are establishing for
exports of LWR tubing from Vietnam.
U.S. entries of inquiry merchandise made on or after August 4,
2022, that are ineligible for certification based on the failure of Hoa
Phat to cooperate, or for other reasons, shall remain subject to
suspension of liquidation until final assessment instructions on those
entries are issued, whether by automatic liquidation instructions, or
by instructions pursuant to the final results of an administrative
review.\9\
---------------------------------------------------------------------------
\9\ Commerce encourages interested parties to provide comments
on this topic in their case briefs.
---------------------------------------------------------------------------
Suspension of Liquidation and Cash Deposit Requirements
Based on the preliminary affirmative country-wide determination of
circumvention for Taiwan, in accordance with 19 CFR 351.226(l)(2), we
will direct U.S. Customs and Border Protection (CBP) to suspend
liquidation and require a cash deposit of estimated duties on
unliquidated entries of LWR tubing completed in Vietnam using Taiwan-
origin HRS, that were entered, or withdrawn from warehouse, for
consumption on or after August 4, 2022, the date of publication of the
initiation of this circumvention inquiry in the Federal Register.
[[Page 21982]]
LWR tubing produced in Vietnam from HRS that is not of Taiwan
origin is not subject to this inquiry. Therefore, cash deposits are not
required for such merchandise under the Taiwan Order. However, Commerce
preliminarily finds that light-walled rectangular pipe and tube (LWRPT)
completed in Vietnam using the People's Republic of China (China)-
origin HRS is circumventing the AD and countervailing duty (CVD) orders
on LWRPT from China, and LWRPT from Republic of Korea (Korea) completed
in Vietnam using Korea-origin HRS is circumventing the AD order on
LWRPT from Korea.\10\ Imports of such merchandise are subject to
certification requirements, and cash deposits may be required.
---------------------------------------------------------------------------
\10\ See the unpublished Federal Register notices, ``Light-
Walled Rectangular Pipe and Tube from the People's Republic of
China: Preliminary Affirmative Determination of Circumvention of the
Antidumping and Countervailing Duty Orders,'' and ``Light-Walled
Welded Rectangular Carbon Steel Tubing from Korea: Preliminary
Affirmative Determination of Circumvention of the Antidumping Duty
Order,'' dated concurrently with this notice.
---------------------------------------------------------------------------
If an importer imports LWR tubing from Vietnam and claims that the
LWR tubing was not produced from Taiwan-origin HRS, in order to not be
subject to the Taiwan Order cash deposit requirements, the importer and
exporter are required to meet the certification and documentation
requirements described in the ``Certifications'' and ``Certification
Requirements for Vietnam'' sections, below.
Where no certification is provided for an entry, and AD/CVD orders
from three countries (China, Korea, or Taiwan) potentially apply to
that entry, Commerce intends to instruct CBP to suspend the entry and
collect cash deposits at the rates applicable to the AD and CVD orders
on LWRPT from China (i.e., the AD rate established for the China-wide
entity (255.07 percent) and the CVD rate established for all-others
(15.28 percent) under the following third country case numbers: A-552-
914-000 and C-552-915-000.\11\ This is to prevent evasion, given that
the AD/CVD rates established for LWRPT from China are higher than the
AD rates established for LWRPT from Korea and LWR tubing from Taiwan.
---------------------------------------------------------------------------
\11\ 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); 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).
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Where a certification is provided for the AD/CVD orders on LWRPT
from China (stating that the merchandise was not produced using China-
origin HRS), but no other certification is provided, then Commerce
intends to instruct CBP to suspend the entry and collect cash deposits
at the rate applicable to the Taiwan Order (i.e., the AD rate
established for all-others (18.05 percent)) under the following third
country case number: A-552-863-000.\12\ This is to prevent evasion,
given that the AD rate established for LWR tubing from Taiwan is higher
than the AD rate established for LWRPT from Korea.
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\12\ See Light-Walled Welded Rectangular Carbon Steel Tubing
from Taiwan; Final Results of Antidumping Duty Administrative
Review, 57 FR 24464, 24466 (June 9, 1992).
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Commerce established the following third country case number in the
Automated Commercial Environment (ACE) for entries of LWR tubing
produced in Vietnam using Taiwan-origin HRS: A-552-863-000. Commerce
also established the following company-specific third country case
number for Vina One, for which Commerce made an affirmative
determination of circumvention, for entries of LWR tubing produced in
Vietnam using Taiwan-origin HRS: A-552-863-001. The cash deposit rate
will be the Taiwan AD all-others rate (i.e., 18.05 percent).\13\
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\13\ Id.
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For Hoa Phat, which will not be permitted to certify that its
merchandise was not produced from Taiwan-origin HRS, Commerce will
direct CBP to suspend liquidation and require a cash deposit at the AD/
CVD rates established for LWRPT from China. Commerce established the
following company-specific third country case numbers for Hoa Phat: A-
552-914-001 and C-552-915-001.
These suspension of liquidation instructions will remain in effect
until further notice.
Certified Entries
Entries for which the importer and exporter have met the
certification requirements described below and in Appendix II to this
notice will not be subject to suspension of liquidation, or the cash
deposit requirements described above. Failure to comply with the
applicable requisite certification requirements may result in the
merchandise being subject to duties.
Certifications
To administer the preliminary affirmative country-wide
determination of circumvention, Commerce established importer and
exporter certifications, which allow companies to certify that specific
entries of LWR tubing from Vietnam are not subject to suspension of
liquidation or the collection of cash deposits pursuant to this
preliminary affirmative country-wide determination of circumvention
because the merchandise is not made with Taiwan-origin HRS (see
Appendix II to this notice). Because Hoa Phat was non-cooperative, it
is not eligible to use the certification described above.\14\
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\14\ See Preliminary Decision Memorandum at the ``Use of Facts
Available with Adverse Inferences'' section; see also, e.g., Anti-
circumvention Inquiry of the Antidumping Duty Order on Certain Pasta
from Italy: Affirmative Preliminary Determination of Circumvention
of the Antidumping Duty Order, 63 FR 18364, 18366 (April 15, 1998),
unchanged in Anti-Circumvention Inquiry of the Antidumping Duty
Order on Certain Pasta from Italy: Affirmative Final Determination
of Circumvention of the Antidumping Duty Order, 63 FR 54672, 54675-
76 (October 13, 1998).
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Importers and exporters that claim that the entry of LWR tubing is
not subject to suspension of liquidation or the collection of cash
deposits because the merchandise is not made with Taiwan-origin HRS
must complete the applicable certification and meet the certification
and documentation requirements described below, as well as the
requirements identified in the applicable certification.
Certification Requirements for Vietnam
Importers are required to complete and maintain the applicable
importer certification, and maintain a copy of the applicable exporter
certification, and retain all supporting documentation for both
certifications. With the exception of the entries described below, the
importer certification must be completed, signed, and dated by the time
the entry summary is filed for the relevant entry. The importer, or the
importer's agent, must submit both the importer's certification and the
exporter's certification to CBP as part of the entry process by
uploading them into the document imaging system (DIS) in ACE. Where the
importer uses a broker to facilitate the entry process, the importer
should obtain the entry summary number from the broker. Agents of the
importer, such as brokers, however, are not permitted to certify on
behalf of the importer.
Exporters are required to complete and maintain the applicable
exporter certification and provide the importer with a copy of that
certification and all supporting documentation (e.g., invoice, purchase
order, production records, etc.). With the exception of the entries
described below, the exporter certification must be completed, signed,
and dated by the time of shipment of the relevant entries. The exporter
certification should be completed by the
[[Page 21983]]
party selling the LWR tubing that was manufactured in Vietnam to the
United States.
Additionally, the claims made in the certifications and any
supporting documentation are subject to verification by Commerce and/or
CBP. Importers and exporters are required to maintain the
certifications and supporting documentation until the later of: (1) the
date that is five years after the latest entry date of the entries
covered by the certification; or (2) the date that is three years after
the conclusion of any litigation in United States courts regarding such
entries.
For all LWR tubing from Vietnam that was entered, or withdrawn from
warehouse, for consumption during the period August 4, 2022 (the date
of initiation of these circumvention inquiries), through the date of
publication of the preliminary determination in the Federal Register,
where the entry has not been liquidated (and entries for which
liquidation has not become final), the relevant certification should be
completed and signed as soon as practicable, but not later than 45 days
after the date of publication of this preliminary determination in the
Federal Register. For such entries, importers and exporters each have
the option to complete a blanket certification covering multiple
entries, individual certifications for each entry, or a combination
thereof. The exporter must provide the importer with a copy of the
exporter certification within 45 days of the date of publication of
this preliminary determination in the Federal Register.
For unliquidated entries (and entries for which liquidation has not
become final) of LWR tubing that were declared as non-AD type entries
(e.g., type 01) and entered, or withdrawn from warehouse, for
consumption in the United States during the period August 4, 2022 (the
date of initiation of these circumvention inquiries), through the date
of publication of the preliminary determination in the Federal
Register, for which none of the above certifications may be made,
importers must file a Post Summary Correction with CBP, in accordance
with CBP's regulations, regarding conversion of such entries from non-
AD type entries to AD type entries (e.g., type 01 to type 03).
Importers should report those AD type entries using the third country
case numbers identified in the ``Suspension of Liquidation and Cash
Deposit Requirements'' section, above. The importer should pay cash
deposits on those entries consistent with the regulations governing
post summary corrections that require payment of additional duties.
If it is determined that an importer and/or exporter has not met
the certification and/or related documentation requirements for certain
entries, Commerce intends to instruct CBP to suspend, pursuant to this
preliminary affirmative country-wide determination of circumvention and
the Order,\15\ all unliquidated entries for which these requirements
were not met and to require the importer to post applicable cash
deposits equal to the rates noted above.
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\15\ See Order.
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Interested parties may comment on these certification requirements,
and on the certification language contained in Appendix II to this
notice in their case briefs.
Verification
As provided in 19 CFR 351.307, Commerce may verify information
relied upon in making its final determination.
Public Comment
Case briefs or other written comments should be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which the last verification report is issued.
Rebuttal briefs, limited to issues raised in case briefs, may be
submitted no later than seven days after the deadline for case
briefs.\16\ 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.\17\
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\16\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
\17\ See 19 CFR 351.309(c)(2)(d)(2).
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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. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing at a time and date to be
determined.
All submissions should be filed electronically via ACCESS.\18\
Alternative arrangements for manual filings must be made by contacting
the official in charge at least 72 hours before the deadline. Note that
Commerce has temporarily modified certain of its requirements for
serving documents containing business proprietary information, until
further notice.\19\
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\18\ See 19 CFR 351.303.
\19\ 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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U.S. International Trade Commission Notification
Commerce, consistent with section 781(e) of the Act, will notify
the U.S. International Trade Commission (ITC) of this preliminary
determination to include the merchandise subject to this circumvention
inquiry within the Order. Pursuant to section 781(e) of the Act, the
ITC may request consultations concerning Commerce's proposed inclusion
of the inquiry merchandise. If, after consultations, the ITC believes
that a significant injury issue is presented by the proposed inclusion,
it will have 60 days from the date of notification by Commerce to
provide written advice.
Notification to Interested Parties
This determination is issued and published in accordance with
section 781(b) of the Act and 19 CFR 351.226(g)(1).
Dated: April 6, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Merchandise Subject to the Circumvention Inquiry
V. Period of Circumvention Inquiry
VI. Application of Facts Available and Use of Adverse Inference
VII. Affiliation and Collapsing
VIII. Statutory and Regulatory Framework for Circumvention Inquiry
IX. Analysis of Statutory Criteria for the Circumvention Inquiry
X. Summary of Analysis
XI. Verification
XII. Certification Process and Country-Wide Affirmative
Determination of Circumvention
XIII. Recommendation
Appendix II
1. Certifications
Importer Certification
I hereby certify that:
A. My name is {IMPORTING COMPANY OFFICIAL'S NAME{time} and I am
an official of {IMPORTING COMPANY{time} , located at {ADDRESS OF
IMPORTING COMPANY{time} ;
[[Page 21984]]
B. I have direct personal knowledge of the facts regarding the
importation into the Customs territory of the United States of the
light-walled welded rectangular carbon steel tubing (LWR tubing)
produced in Vietnam that entered under entry summary number(s),
identified below, and are covered by this certification. ``Direct
personal knowledge'' refers to facts the certifying party is
expected to have in its own records. For example, the importer
should have direct personal knowledge of the importation of LWR
tubing, including the exporter's and/or foreign seller's identity
and location;
C. If the importer is acting on behalf of the first U.S.
customer, include the following sentence as paragraph C of this
certification:
The LWR tubing covered by this certification was imported by
{IMPORTING COMPANY{time} on behalf of {U.S. CUSTOMER{time} ,
located at {ADDRESS OF U.S. CUSTOMER{time} ;
If the importer is not acting on behalf of the first U.S.
customer, include the following sentence as paragraph C of this
certification:
{NAME OF IMPORTING COMPANY{time} is not acting on behalf of the
first U.S. customer.
D. The LWR Tubing covered by this certification was shipped to
{NAME OF PARTY IN THE UNITED STATES TO WHOM THE MERCHANDISE WAS
FIRST SHIPPED{time} , located at {U.S. ADDRESS TO WHICH MERCHANDISE
WAS SHIPPED{time} .
E. I have personal knowledge of the facts regarding the
production of the imported products covered by this certification.
``Personal knowledge'' includes facts obtained from another party,
(e.g., correspondence received by the importer (or exporter) from
the producer regarding the source of hot-rolled steel (HRS) used to
produce the imported LWR tubing);
F. This certification applies to the following entries (repeat
this block as many times as necessary):
Entry Summary #:
Entry Summary Line Item #:
Foreign Seller:
Foreign Seller's Address:
Foreign Seller's Invoice #:
Foreign Seller's Invoice Line Item #:
Country of Origin of HRS:
Producer:
Producer's Address:
G. The LWR tubing covered by this certification does not contain
HRS produced in Taiwan;
H. I understand that {IMPORTING COMPANY{time} is required to
maintain a copy of this certification and sufficient documentation
supporting this certification (i.e., documents maintained in the
normal course of business, or documents obtained by the certifying
party, for example, certificates of origin, product data sheets,
mill test reports, productions records, invoices, etc.) until the
later of: (1) the date that is five years after the date of the
latest entry covered by the certification; or (2) the date that is
three years after the conclusion of any litigation in the United
States courts regarding such entries;
I. I understand that {IMPORTING COMPANY{time} is required to
maintain a copy of the exporter's certification (attesting to the
production and/or exportation of the imported merchandise identified
above), and any supporting documentation provided to the importer by
the exporter, until the later of: (1) the date that is five years
after the date of the latest entry covered by the certification; or
(2) the date that is three years after the conclusion of any
litigation in United States courts regarding such entries;
J. I understand that {IMPORTING COMPANY{time} is required to
provide U.S. Customs and Border Protection (CBP) and/or the U.S.
Department of Commerce (Commerce) with the importer certification,
and any supporting documentation, and a copy of the exporter's
certification, and any supporting documentation provided to the
importer by the exporter, upon request of either agency;
K. I understand that the claims made herein, and the
substantiating documentation, are subject to verification by CBP
and/or Commerce;
L. I understand that failure to maintain the required
certification and supporting documentation, or failure to
substantiate the claims made herein, or not allowing CBP and/or
Commerce to verify the claims made herein, may result in a de facto
determination that all entries to which this certification applies
are within the scope of the antidumping duty order on LWR tubing
from Taiwan. I understand that such finding will result in:
(i) suspension of liquidation of all unliquidated entries (and
entries for which liquidation has not become final) for which these
requirements were not met;
(ii) the importer being required to post cash deposits
determined by Commerce; and
(iii) the importer no longer being allowed to participate in the
certification process.
M. I understand that agents of the importer, such as brokers,
are not permitted to make this certification;
This certification was completed and signed on, or prior to, the
date of the entry summary if the entry date is more than 14 days
after the date of publication of the notice of Commerce's
preliminary determination of circumvention in the Federal Register.
If the entry date is on or before the 14th day after the date of
publication of the notice of Commerce's preliminary determination of
circumvention in the Federal Register, this certification was
completed and signed by no later than 45 days after publication of
the notice of Commerce's preliminary determination of circumvention
in the Federal Register.
N. I am aware that U.S. law (including, but not limited to, 18
U.S.C. 1001) imposes criminal sanctions on individuals who knowingly
and willfully make material false statements to the U.S. government.
Signature
{NAME OF COMPANY OFFICIAL{time}
{TITLE OF COMPANY OFFICIAL{time}
{DATE{time}
Exporter Certification
The party that made the sale to the United States should fill
out the exporter certification.
I hereby certify that:
A. My name is {COMPANY OFFICIAL'S NAME{time} and I am an
official of {NAME OF FOREIGN COMPANY THAT MADE THE SALE TO THE
UNITED STATES); located at {ADDRESS OF FOREIGN COMPANY THAT MADE THE
SALE TO THE UNITED STATES);
B. I have direct personal knowledge of the facts regarding the
production and exportation of the light-walled welded rectangular
carbon steel tubing (LWR tubing) for which sales are identified
below. ``Direct personal knowledge'' refers to facts the certifying
party is expected to have in its own records. For example, an
exporter should have direct personal knowledge of the producer's
identity and location;
C. The LWR tubing covered by this certification was shipped to
{NAME OF PARTY IN THE UNITED STATES TO WHOM MERCHANDISE WAS FIRST
SHIPPED{time} , located at {U.S. ADDRESS TO WHICH MERCHANDISE WAS
SHIPPED{time} ;
D. The LWR tubing covered by this certification does not contain
HRS produced in Taiwan;
E. This certification applies to the following sales to {NAME OF
U.S. CUSTOMER{time} , located at {ADDRESS OF U.S. CUSTOMER{time}
(repeat this block as many times as necessary):
Foreign Seller's Invoice # to U.S. Customer:
Foreign Seller's Invoice to U.S. Customer Line item #:
Producer Name:
Producer's Address:
Producer's Invoice # to Foreign Seller: (If the foreign seller
and the producer are the same party, put NA here.)
Name of Producer of HRS:
Location (Country) of Producer of HRS:
F. The LWR tubing covered by this certification was shipped to
{NAME OF U.S. PARTY TO WHOM MERCHANDISE WAS SHIPPED{time} , located
at {U.S. ADDRESS TO WHICH MERCHANDISE WAS SHIPPED{time} ;
G. I understand that {NAME OF FOREIGN COMPANY THAT MADE THE SALE
TO THE UNITED STATES{time} is required to maintain a copy of this
certification and sufficient documentation supporting this
certification (i.e., documents maintained in the normal course of
business, or documents obtained by the certifying party, for
example, product data sheets, mill test reports, productions
records, invoices, etc.) until the later of: (1) the date that is
five years after the latest date of the entries covered by the
certification; or (2) the date that is three years after the
conclusion of any litigation in the United States courts regarding
such entries;
H. I understand that {NAME OF FOREIGN COMPANY THAT MADE THE SALE
TO THE UNITED STATES{time} is required to provide the U.S. importer
with a copy of this certification and is required to provide U.S.
Customs and Border Protection (CBP) and/or the U.S. Department of
Commerce (Commerce) with this certification, and any supporting
documents, upon request of either agency;
I. I understand that the claims made herein, and the
substantiating documentation, are subject to verification by CBP
and/or Commerce;
J. I understand that failure to maintain the required
certification and supporting documentation, or failure to
substantiate the
[[Page 21985]]
claims made herein, or not allowing CBP and/or Commerce to verify
the claims made herein, may result in a de facto determination that
all sales to which this certification applies are within the scope
of the antidumping duty order on LWR tubing from Taiwan. I
understand that such a finding will result in:
(i) suspension of all unliquidated entries (and entries for
which liquidation has not become final) for which these requirements
were not met;
(ii) the importer being required to post the cash deposits
determined by Commerce; and
(iii) the seller/exporter no longer being allowed to participate
in the certification process.
K. I understand that agents of the seller/exporter, such as
freight forwarding companies or brokers, are not permitted to make
this certification.
L. This certification was completed and signed, and a copy of
the certification was provided to the importer, on, or prior to, the
date of shipment if the shipment date is more than 14 days after the
date of publication of the notice of Commerce's preliminary
determination of circumvention in the Federal Register. If the
shipment date is on or before the 14th day after the date of
publication of the notice of Commerce's preliminary determination of
circumvention in the Federal Register, this certification was
completed and signed, and a copy of the certification was provided
to the importer, by no later than 45 days after publication of the
notice of Commerce's preliminary determination of circumvention in
the Federal Register; and
M. I am aware that U.S. law (including, but not limited to, 18
U.S.C. 1001) imposes criminal sanctions on individuals who knowingly
and willfully make material false statements to the U.S. government.
Signature
{NAME OF COMPANY OFFICIAL{time}
{TITLE OF COMPANY OFFICIAL{time}
{DATE{time}
[FR Doc. 2023-07711 Filed 4-11-23; 8:45 am]
BILLING CODE 3510-DS-P
