Light-Walled Welded Rectangular Carbon Steel Tubing From Taiwan: Rescission of Antidumping Duty Administrative Review; 2022-2023, 83921-83923 [2023-26471]
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Federal Register / Vol. 88, No. 230 / Friday, December 1, 2023 / Notices
lotter on DSK11XQN23PROD with NOTICES1
Establishment of and Updates to the
Annual Inquiry Service List
On September 20, 2021, Commerce
published the final rule titled
‘‘Regulations to Improve Administration
and Enforcement of Antidumping and
Countervailing Duty Laws’’ in the
Federal Register.8 On September 27,
2021, Commerce also published the
notice entitled ‘‘Scope Ruling
Application; Annual Inquiry Service
List; and Informational Sessions’’ in the
Federal Register.9 The Final Rule and
Procedural Guidance provide that
Commerce will maintain an annual
inquiry service list for each order or
suspended investigation, and any
interested party submitting a scope
ruling application or request for
circumvention inquiry shall serve a
copy of the application or request on the
persons on the annual inquiry service
list for that order, as well as any
companion order covering the same
merchandise from the same country of
origin.10
In accordance with the Procedural
Guidance, for orders published in the
Federal Register before November 4,
2021, Commerce created an annual
inquiry service list segment for each
order and suspended investigation.
Interested parties who wished to be
added to the annual inquiry service list
for an order submitted an entry of
appearance to the annual inquiry
service list segment for the order in
ACCESS, and on November 4, 2021,
Commerce finalized the initial annual
inquiry service lists for each order and
suspended investigation. Each annual
inquiry service list has been saved as a
public service list in ACCESS, under
each case number, and under a specific
segment type called ‘‘AISL-Annual
Inquiry Service List.’’ 11
As mentioned in the Procedural
Guidance, beginning in January 2022,
Commerce will update these annual
inquiry service lists on an annual basis
8 See Regulations to Improve Administration and
Enforcement of Antidumping and Countervailing
Duty Laws, 86 FR 52300 (September 20, 2021)
(Final Rule).
9 See Scope Ruling Application; Annual Inquiry
Service List; and Informational Sessions, 86 FR
53205 (September 27, 2021) (Procedural Guidance).
10 Id.
11 This segment has been combined with the
ACCESS Segment Specific Information (SSI) field
which will display the month in which the notice
of the order or suspended investigation was
published in the Federal Register, also known as
the anniversary month. For example, for an order
under case number A–000–000 that was published
in the Federal Register in January, the relevant
segment and SSI combination will appear in
ACCESS as ‘‘AISL-January Anniversary.’’ Note that
there will be only one annual inquiry service list
segment per case number, and the anniversary
month will be pre-populated in ACCESS.
VerDate Sep<11>2014
18:47 Nov 30, 2023
Jkt 262001
when the Opportunity Notice for the
anniversary month of the order or
suspended investigation is published in
the Federal Register.12 Accordingly,
Commerce will update the annual
inquiry service lists for the above-listed
antidumping and countervailing duty
proceedings. All interested parties
wishing to appear on the updated
annual inquiry service list must take
one of the two following actions: (1)
new interested parties who did not
previously submit an entry of
appearance must submit a new entry of
appearance at this time; (2) interested
parties who were included in the
preceding annual inquiry service list
must submit an amended entry of
appearance to be included in the next
year’s annual inquiry service list. For
these interested parties, Commerce will
change the entry of appearance status
from ‘‘Active’’ to ‘‘Needs Amendment’’
for the annual inquiry service lists
corresponding to the above-listed
proceedings. This will allow those
interested parties to make any necessary
amendments and resubmit their entries
of appearance. If no amendments need
to be made, the interested party should
indicate in the area on the ACCESS form
requesting an explanation for the
amendment that it is resubmitting its
entry of appearance for inclusion in the
annual inquiry service list for the
following year. As mentioned in the
Final Rule,13 once the petitioners and
foreign governments have submitted an
entry of appearance for the first time,
they will automatically be added to the
updated annual inquiry service list each
year.
Interested parties have 30 days after
the date of this notice to submit new or
amended entries of appearance.
Commerce will then finalize the annual
inquiry service lists five business days
thereafter. For ease of administration,
please note that Commerce requests that
law firms with more than one attorney
representing interested parties in a
proceeding designate a lead attorney to
be included on the annual inquiry
service list.
Commerce may update an annual
inquiry service list at any time as
needed based on interested parties’
amendments to their entries of
appearance to remove or otherwise
modify their list of members and
representatives, or to update contact
information. Any changes or
announcements pertaining to these
procedures will be posted to the
ACCESS website at https://
access.trade.gov.
12 See
13 See
PO 00000
Procedural Guidance, 86 FR at 53206.
Final Rule, 86 FR at 52335.
Frm 00026
Fmt 4703
Sfmt 4703
83921
Special Instructions for Petitioners and
Foreign Governments
In the Final Rule, Commerce stated
that, ‘‘after an initial request and
placement on the annual inquiry service
list, both petitioners and foreign
governments will automatically be
placed on the annual inquiry service list
in the years that follow.’’ 14
Accordingly, as stated above and
pursuant to 19 CFR 351.225(n)(3), the
petitioners and foreign governments
will not need to resubmit their entries
of appearance each year to continue to
be included on the annual inquiry
service list. However, the petitioners
and foreign governments are responsible
for making amendments to their entries
of appearance during the annual update
to the annual inquiry service list in
accordance with the procedures
described above.
This notice is not required by statute
but is published as a service to the
international trading community.
Dated: November 27, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2023–26469 Filed 11–30–23; 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:
Rescission of Antidumping Duty
Administrative Review; 2022–2023
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
The U.S. Department of
Commerce (Commerce) is rescinding the
administrative review of the
antidumping duty (AD) order on lightwalled welded rectangular carbon steel
tubing (LWRT) from Taiwan for the
period of review (POR) March 1, 2022,
through February 28, 2023.
SUMMARY:
Applicable December 1, 2023.
FOR FURTHER INFORMATION CONTACT:
Thomas Schauer, 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) 482–0410.
SUPPLEMENTARY INFORMATION:
DATES:
14 Id.
E:\FR\FM\01DEN1.SGM
01DEN1
83922
Federal Register / Vol. 88, No. 230 / Friday, December 1, 2023 / Notices
Background
On March 27, 1989, Commerce
published in the Federal Register an AD
order on LWRT from Taiwan.1 On
March 2, 2023, we published in the
Federal Register a notice of opportunity
to request an administrative review of
the Order.2 On May 9, 2023, based on
a timely request for an administrative
review, Commerce initiated this
administrative review with respect to
one company, Hoa Phat Steel Pipe
Company Limited (Hoa Phat).3
On May 17, 2023, we placed on the
record U.S. Customs and Border
Protection (CBP) data for entries of
LWRT from Taiwan during the POR,
showing no suspended entries, and
invited interested parties to comment on
the CBP data.4 No interested party
submitted comments to Commerce. On
June 8, 2023, Hoa Phat submitted a
certification that it had no exports,
sales, or entries during the POR.5
On October 2, 2023, Commerce
notified all interested parties of its
intent to rescind the review in full
because there were no suspended
entries by any of the companies subject
to this review during the POR and
invited interested parties to comment on
Commerce’s intent to rescind.6 On
October 10, 2023, Hoa Phat submitted
comments regarding Commerce’s intent
to rescind the review.7 No other
interested parties commented on the
Intend to Rescind Memorandum.
9 Id.
Interested-Party Comment
lotter on DSK11XQN23PROD with NOTICES1
Hoa Phat argues that Commerce
should grant Hoa Phat the right to
properly certify the origin of the hotrolled steel used to produce the LWRT
exported to the United States during the
POR for both past and future entries.8
Hoa Phat contends that it requested an
administrative review here so that
Commerce could determine whether
any of Hoa Phat’s exports were, in fact,
subject to the Order, and to reconsider
Hoa Phat’s eligibility for the hot-rolled
1 See Antidumping Duty Order; Light-Walled
Welded Rectangular Carbon Steel Tubing From
Taiwan, 54 FR 12467 (March 27, 1989) (Order).
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
To Request Administrative Review and Join Annual
Inquiry Service List, 88 FR 13091 (March 2, 2023).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
29881, 29884 (May 9, 2023).
4 See Memorandum, ‘‘U.S. Customs and Border
Protection Data Release,’’ dated May 17, 2023.
5 See Hoa Phat’s Letter, ‘‘Notice of No Sale,’’
dated June 8, 2023.
6 See Memorandum, ‘‘Intent to Rescind Review,’’
dated October 2, 2023.
7 See Hoa Phat’s Letter, ‘‘Comment on Intent to
Rescind the Review,’’ dated October 10, 2023.
8 Id. at 1–2.
VerDate Sep<11>2014
18:47 Nov 30, 2023
steel certification process.9 According to
Hoa Phat, Commerce has previously
explained that an administrative review
is its preferred mechanism for
reconsidering certification eligibility.10
Hoa Phat asserts that, for Commerce to
have expressed a preferred path for
reconsideration of certification
eligibility but then to deny that
mechanism for reconsideration to Hoa
Phat would be inconsistent with its
stated practice and an abuse of
discretion.11
We disagree with Hoa Phat. In LWRT
Tubing Circumvention Final, we stated
that, ‘‘{b}ecause entries of LWR tubing
produced or exported by Hoa Phat
currently must be entered as subject to
the cash deposit rates established under
the LWRPT China Orders pursuant to
Commerce’s {preliminary
determination}, Hoa Phat, or any other
interested party with standing to request
a review of Hoa Phat’s entries may
request an administrative review of its
entries under the LWRPT China
Orders.’’ 12 Thus, the proper venue for
Commerce to reconsider Hoa Phat’s
certification eligibility is in the context
of administrative reviews of the LWRPT
China Orders. In fact, Commerce
initiated an administrative review of
Hoa Phat on each of the LWRPT China
Orders.13
Accordingly, we are rescinding this
review because there are no suspended
entries during the POR for any of the
Jkt 262001
at 2.
at 3–4 (citing, e.g., Antidumping and
Countervailing Duty Orders on Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled Into
Modules, from the People’s Republic of China: Final
Scope Determination and Final Affirmative
Determinations of Circumvention With Respect to
Cambodia, Malaysia, Thailand, and Vietnam, 88 FR
57419 (August 23, 2023), and accompanying
Vietnam Issues and Decision Memorandum (IDM)
at Comment 19; and Certain Hardwood Plywood
Products from the People’s Republic of China: Final
Scope Determination and Affirmative Final
Determination of Circumvention of the
Antidumping and Countervailing Duty Orders, 88
FR 46470 (July 20, 2023), and accompanying IDM
at Comment 13, Subsection, ‘‘Reconsidering
Certification Eligibility’’).
11 Id. at 4.
12 See Light-Walled Welded Rectangular Carbon
Steel Tubing from Taiwan: Final Affirmative
Determination of Circumvention of the
Antidumping Duty Order, 88 FR 77274 (November
9, 2023) (LWRT Tubing Circumvention Final), and
accompanying IDM at Comment 5 (citing LightWalled 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, LWRPT China Orders)).
13 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
71829, 71835, 71837 (October 18, 2023).
10 Id.
PO 00000
Frm 00027
Fmt 4703
Sfmt 4703
companies for which this review has
been initiated. Further, Hoa Phat’s
opportunity to request that Commerce
reconsider its eligibility to certify the
origin of the hot-rolled steel which it
used to produce LWRPT, as provided
for in the LWRT Tubing Circumvention
Final, has not been abrogated, and Hoa
Phat’s eligibility to certify will be
determined in the context of the LWRPT
China Orders administrative reviews.
Rescission of Review
Pursuant to 19 CFR 351.213(d)(3), it is
Commerce’s practice to rescind an
administrative review of an AD order
when there are no suspended entries
during the POR for the companies for
which the review was initiated.14
Normally, upon completion of an
administrative review, the suspended
entries are liquidated at the AD
assessment rate calculated for the
review period.15 Therefore, for an
administrative review to be conducted,
there must be at least one suspended
entry for which Commerce can instruct
CBP to liquidate at the AD assessment
rate calculated for the review period.16
As noted above, there were no
suspended entries for any of the
companies subject to this review during
the POR. Accordingly, in the absence of
suspended entries during the POR, we
are hereby rescinding this
administrative review, in its entirety, in
accordance with 19 CFR 351.213(d)(3).
Assessment
Commerce will instruct CBP to assess
antidumping duties on all appropriate
entries. Antidumping duties shall be
assessed at rates equal to the cash
deposit rate of estimated antidumping
duties required at the time of entry, or
withdrawal from warehouse, for
consumption, in accordance with 19
CFR 351.212(c)(1)(i). Commerce intends
to issue assessment instructions to CBP
no earlier than 35 days after the date of
publication of this rescission notice in
the Federal Register.
Notification Regarding Administrative
Protective Order
This notice serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
14 See, e.g., Dioctyl Terephthalate from the
Republic of Korea: Rescission of Antidumping
Administrative Review; 2021–2022, 88 FR 24758
(April 24, 2023); see also Certain Carbon and Alloy
Steel Cut- to Length Plate from the Federal Republic
of Germany: Recission of Antidumping
Administrative Review; 2020–2021, 88 FR 4157
(January 24, 2023).
15 See 19 CFR 351.212(b)(1).
16 See 19 CFR 351.213(d)(3).
E:\FR\FM\01DEN1.SGM
01DEN1
Federal Register / Vol. 88, No. 230 / Friday, December 1, 2023 / Notices
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a violation subject to sanction.
DEPARTMENT OF COMMERCE
Notification to Interested Parties
This notice is issued and published in
accordance with sections 751(a)(1) and
777(i)(1) of the Act, and 19 CFR
351.213(d)(4).
AGENCY:
Dated: November 28, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2023–26471 Filed 11–30–23; 8:45 am]
BILLING CODE 3510–DS–P
International Trade Administration
Antidumping or Countervailing Duty
Order, Finding, or Suspended
Investigation; Advance Notification of
Sunset Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
Background
Every five years, pursuant to the Tariff
Act of 1930, as amended (the Act), the
U.S. Department of Commerce
(Commerce) and the U.S. International
Trade Commission automatically
initiate and conduct reviews to
determine whether revocation of a
83923
countervailing or antidumping duty
order or termination of an investigation
suspended under sections 704 or 734 of
the Act would be likely to lead to
continuation or recurrence of dumping
or a countervailable subsidy (as the case
may be) and of material injury.
Upcoming Sunset Reviews for January
2024
Pursuant to section 751(c) of the Act,
the following Sunset Reviews are
scheduled for initiation in January 2024
and will appear in that month’s Notice
of Initiation of Five-Year Sunset Reviews
(Sunset Review).
Department contact
lotter on DSK11XQN23PROD with NOTICES1
Antidumping duty proceedings
Common Alloy Aluminum Sheet from China, A–570–073 (1st Review) ..........................................................
Rubber Bands from China, A–570–069 (1st Review) ......................................................................................
Rubber Bands from Thailand, A–549–835 (1st Review) ..................................................................................
Truck and Bus Tires from China, A–570–040 (1st Review) .............................................................................
Countervailing Duty Proceedings
Common Alloy Aluminum Sheet from China, C–570–074 (1st Review) ..........................................................
Truck and Bus Tires from China, C–570–041 (1st Review) .............................................................................
Rubber Bands from China, C–570–070 (1st Review) ......................................................................................
Suspended Investigations
No Sunset Review of suspended investigations is scheduled for initiation in January 2024.
Commerce’s procedures for the
conduct of Sunset Review are set forth
in 19 CFR 351.218. The Notice of
Initiation of Five-Year (Sunset) Review
provides further information regarding
what is required of all parties to
participate in Sunset Review.
Pursuant to 19 CFR 351.103(c),
Commerce will maintain and make
available a service list for these
proceedings. To facilitate the timely
preparation of the service list(s), it is
requested that those seeking recognition
as interested parties to a proceeding
contact Commerce in writing within 10
days of the publication of the Notice of
Initiation.
Please note that if Commerce receives
a Notice of Intent to Participate from a
member of the domestic industry within
15 days of the date of initiation, the
review will continue.
Thereafter, any interested party
wishing to participate in the Sunset
Review must provide substantive
comments in response to the notice of
initiation no later than 30 days after the
date of initiation. Note that Commerce
has amended certain of its requirements
VerDate Sep<11>2014
18:47 Nov 30, 2023
Jkt 262001
pertaining to the service of documents
in 19 CFR 351.303(f).1
This notice is not required by statute
but is published as a service to the
international trading community.
Dated: November 21, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2023–26468 Filed 11–30–23; 8:45 am]
National Oceanic and Atmospheric
Administration
[RTID 0648–XD555]
New England Fishery Management
Council; Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meeting.
AGENCY:
1 Administrative Protective Order, Service, and
Other Procedures in Antidumping and
Countervailing Duty Proceedings; Final Rule, 88 FR
67069 (September 29, 2023).
Fmt 4703
The New England Fishery
Management Council (Council) is
scheduling a public hybrid meeting of
its On-Demand Gear Conflict Working
Group to consider actions affecting New
England fisheries in the exclusive
economic zone (EEZ).
Recommendations from this group will
be brought to the full Council for formal
consideration and action, if appropriate.
SUMMARY:
This hybrid meeting will be held
on Monday, December 18, 2023, at 9
a.m.
DEPARTMENT OF COMMERCE
Frm 00028
Jacky Arrowsmith, (202) 482–5255.
Mary Kolberg, (202) 482–1785.
Mary Kolberg, (202) 482–1785.
DATES:
BILLING CODE 3510–DS–P
PO 00000
Jacky Arrowsmith, (202) 482–5255.
Mary Kolberg, (202) 482–1785.
Mary Kolberg, (202) 482–1785.
Mary Kolberg, (202) 482–1785.
Sfmt 4703
ADDRESSES:
Meeting address: This meeting will be
held at the Hilton Garden Inn, 100
Boardman Street, Boston, MA 02128;
telephone: (617) 567–6789.
Webinar registration URL
information: https://attendee.goto
webinar.com/register/
2711271864054869079.
Council address: New England
Fishery Management Council, 50 Water
Street, Mill 2, Newburyport, MA 01950.
Cate
O’Keefe, Executive Director, New
England Fishery Management Council;
telephone: (978) 465–0492.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
E:\FR\FM\01DEN1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 230 (Friday, December 1, 2023)]
[Notices]
[Pages 83921-83923]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26471]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-803]
Light-Walled Welded Rectangular Carbon Steel Tubing From Taiwan:
Rescission of Antidumping Duty Administrative Review; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is rescinding the
administrative review of the antidumping duty (AD) order on light-
walled welded rectangular carbon steel tubing (LWRT) from Taiwan for
the period of review (POR) March 1, 2022, through February 28, 2023.
DATES: Applicable December 1, 2023.
FOR FURTHER INFORMATION CONTACT: Thomas Schauer, 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) 482-0410.
SUPPLEMENTARY INFORMATION:
[[Page 83922]]
Background
On March 27, 1989, Commerce published in the Federal Register an AD
order on LWRT from Taiwan.\1\ On March 2, 2023, we published in the
Federal Register a notice of opportunity to request an administrative
review of the Order.\2\ On May 9, 2023, based on a timely request for
an administrative review, Commerce initiated this administrative review
with respect to one company, Hoa Phat Steel Pipe Company Limited (Hoa
Phat).\3\
---------------------------------------------------------------------------
\1\ See Antidumping Duty Order; Light-Walled Welded Rectangular
Carbon Steel Tubing From Taiwan, 54 FR 12467 (March 27, 1989)
(Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review and Join Annual Inquiry Service List, 88 FR 13091 (March 2,
2023).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 29881, 29884 (May 9, 2023).
---------------------------------------------------------------------------
On May 17, 2023, we placed on the record U.S. Customs and Border
Protection (CBP) data for entries of LWRT from Taiwan during the POR,
showing no suspended entries, and invited interested parties to comment
on the CBP data.\4\ No interested party submitted comments to Commerce.
On June 8, 2023, Hoa Phat submitted a certification that it had no
exports, sales, or entries during the POR.\5\
---------------------------------------------------------------------------
\4\ See Memorandum, ``U.S. Customs and Border Protection Data
Release,'' dated May 17, 2023.
\5\ See Hoa Phat's Letter, ``Notice of No Sale,'' dated June 8,
2023.
---------------------------------------------------------------------------
On October 2, 2023, Commerce notified all interested parties of its
intent to rescind the review in full because there were no suspended
entries by any of the companies subject to this review during the POR
and invited interested parties to comment on Commerce's intent to
rescind.\6\ On October 10, 2023, Hoa Phat submitted comments regarding
Commerce's intent to rescind the review.\7\ No other interested parties
commented on the Intend to Rescind Memorandum.
---------------------------------------------------------------------------
\6\ See Memorandum, ``Intent to Rescind Review,'' dated October
2, 2023.
\7\ See Hoa Phat's Letter, ``Comment on Intent to Rescind the
Review,'' dated October 10, 2023.
---------------------------------------------------------------------------
Interested-Party Comment
Hoa Phat argues that Commerce should grant Hoa Phat the right to
properly certify the origin of the hot-rolled steel used to produce the
LWRT exported to the United States during the POR for both past and
future entries.\8\ Hoa Phat contends that it requested an
administrative review here so that Commerce could determine whether any
of Hoa Phat's exports were, in fact, subject to the Order, and to
reconsider Hoa Phat's eligibility for the hot-rolled steel
certification process.\9\ According to Hoa Phat, Commerce has
previously explained that an administrative review is its preferred
mechanism for reconsidering certification eligibility.\10\ Hoa Phat
asserts that, for Commerce to have expressed a preferred path for
reconsideration of certification eligibility but then to deny that
mechanism for reconsideration to Hoa Phat would be inconsistent with
its stated practice and an abuse of discretion.\11\
---------------------------------------------------------------------------
\8\ Id. at 1-2.
\9\ Id. at 2.
\10\ Id. at 3-4 (citing, e.g., Antidumping and Countervailing
Duty Orders on Crystalline Silicon Photovoltaic Cells, Whether or
Not Assembled Into Modules, from the People's Republic of China:
Final Scope Determination and Final Affirmative Determinations of
Circumvention With Respect to Cambodia, Malaysia, Thailand, and
Vietnam, 88 FR 57419 (August 23, 2023), and accompanying Vietnam
Issues and Decision Memorandum (IDM) at Comment 19; and Certain
Hardwood Plywood Products from the People's Republic of China: Final
Scope Determination and Affirmative Final Determination of
Circumvention of the Antidumping and Countervailing Duty Orders, 88
FR 46470 (July 20, 2023), and accompanying IDM at Comment 13,
Subsection, ``Reconsidering Certification Eligibility'').
\11\ Id. at 4.
---------------------------------------------------------------------------
We disagree with Hoa Phat. In LWRT Tubing Circumvention Final, we
stated that, ``{b{time} ecause entries of LWR tubing produced or
exported by Hoa Phat currently must be entered as subject to the cash
deposit rates established under the LWRPT China Orders pursuant to
Commerce's {preliminary determination{time} , Hoa Phat, or any other
interested party with standing to request a review of Hoa Phat's
entries may request an administrative review of its entries under the
LWRPT China Orders.'' \12\ Thus, the proper venue for Commerce to
reconsider Hoa Phat's certification eligibility is in the context of
administrative reviews of the LWRPT China Orders. In fact, Commerce
initiated an administrative review of Hoa Phat on each of the LWRPT
China Orders.\13\
---------------------------------------------------------------------------
\12\ See Light-Walled Welded Rectangular Carbon Steel Tubing
from Taiwan: Final Affirmative Determination of Circumvention of the
Antidumping Duty Order, 88 FR 77274 (November 9, 2023) (LWRT Tubing
Circumvention Final), and accompanying IDM at Comment 5 (citing
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, LWRPT China Orders)).
\13\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 71829, 71835, 71837 (October 18,
2023).
---------------------------------------------------------------------------
Accordingly, we are rescinding this review because there are no
suspended entries during the POR for any of the companies for which
this review has been initiated. Further, Hoa Phat's opportunity to
request that Commerce reconsider its eligibility to certify the origin
of the hot-rolled steel which it used to produce LWRPT, as provided for
in the LWRT Tubing Circumvention Final, has not been abrogated, and Hoa
Phat's eligibility to certify will be determined in the context of the
LWRPT China Orders administrative reviews.
Rescission of Review
Pursuant to 19 CFR 351.213(d)(3), it is Commerce's practice to
rescind an administrative review of an AD order when there are no
suspended entries during the POR for the companies for which the review
was initiated.\14\ Normally, upon completion of an administrative
review, the suspended entries are liquidated at the AD assessment rate
calculated for the review period.\15\ Therefore, for an administrative
review to be conducted, there must be at least one suspended entry for
which Commerce can instruct CBP to liquidate at the AD assessment rate
calculated for the review period.\16\ As noted above, there were no
suspended entries for any of the companies subject to this review
during the POR. Accordingly, in the absence of suspended entries during
the POR, we are hereby rescinding this administrative review, in its
entirety, in accordance with 19 CFR 351.213(d)(3).
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\14\ See, e.g., Dioctyl Terephthalate from the Republic of
Korea: Rescission of Antidumping Administrative Review; 2021-2022,
88 FR 24758 (April 24, 2023); see also Certain Carbon and Alloy
Steel Cut- to Length Plate from the Federal Republic of Germany:
Recission of Antidumping Administrative Review; 2020-2021, 88 FR
4157 (January 24, 2023).
\15\ See 19 CFR 351.212(b)(1).
\16\ See 19 CFR 351.213(d)(3).
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Assessment
Commerce will instruct CBP to assess antidumping duties on all
appropriate entries. Antidumping duties shall be assessed at rates
equal to the cash deposit rate of estimated antidumping duties required
at the time of entry, or withdrawal from warehouse, for consumption, in
accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue
assessment instructions to CBP no earlier than 35 days after the date
of publication of this rescission notice in the Federal Register.
Notification Regarding Administrative Protective Order
This notice serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information
[[Page 83923]]
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely
written notification of the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and terms of an APO is a violation subject
to sanction.
Notification to Interested Parties
This notice is issued and published in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4).
Dated: November 28, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2023-26471 Filed 11-30-23; 8:45 am]
BILLING CODE 3510-DS-P
