Light-Walled Rectangular Pipe and Tube From the Republic of Korea: Rescission of Antidumping Duty Administrative Review; 2022-2023, 4275-4276 [2024-01148]
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Federal Register / Vol. 89, No. 15 / Tuesday, January 23, 2024 / Notices
of LDWP from Greece during the POR,
showing no reviewable POR entries and
invited interested parties to comment.4
On July 21, 2023, the petitioner filed
comments with respect to the CBP
data.5 On July 24, 2023, Corinth
submitted a no-shipment certification,
indicating that it had no exports or sales
of subject merchandise to the United
States during the POR.6 On July 25,
2023, Commerce issued a no-shipment
inquiry to CBP.7 On August 14, 2023,
CBP responded that it had no record of
any entries of subject merchandise
during the POR.8 On October 20, 2023,
the petitioner requested that Commerce
conduct verification.9 On October 30,
2023, Corinth requested that Commerce
rescind the administrative review.10
On January 3, 2024, Commerce
notified all interested parties of its
intent to rescind the instant review in
whole because there were no
reviewable, suspended entries of subject
merchandise by Corinth,11 the sole
company subject to this review during
the POR, and invited interested parties
to comment.12 On January 10, 2024,
Corinth submitted comments in support
of Commerce’s intent to rescind the
instant review in whole.13
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 reviewable entries of
khammond on DSKJM1Z7X2PROD with NOTICES
4 See
Memorandum, ‘‘Release of Customs and
Border Protection Data,’’ dated July 14, 2023.
5 See Petitioner’s Letter, ‘‘Comments on U.S.
Customs and Border Protection Entry Data,’’ dated
July 21, 2023 (Petitioner’s CBP data Comments).
6 See Corinth’s Letter, ‘‘No Shipment Certification
of CPW,’’ dated July 24, 2023.
7 See CBP Message 3206404, ‘‘No Shipment
Inquiry,’’ dated July 25, 2023.
8 See Memorandum, ‘‘No Shipment Inquiry
Results,’’ dated August 14, 2023.
9 See Petitioner’s Letter, ‘‘Request for
Verification,’’ dated October 20, 2023.
10 See Corinth’s Letter, ‘‘Request for Rescission of
Administrative Review,’’ dated October 30, 2023.
11 Commerce does not consider non-CBP
information to identify entries of subject
merchandise because this information is generally
not as reliable as information obtained from CBP.
See Certain Frozen Fish Fillets from the Socialist
Republic of Vietnam: Final Results of Antidumping
Duty Administrative Review; Final Determination of
No Shipments; 2020–2021, 87 FR 55996 (September
13, 2022), and accompanying Issues and Decision
Memorandum at 5. Based on our examination of
record evidence, we find that the information
submitted in the petitioner’s CBP Data Comments
does not demonstrate that Corinth exported subject
merchandise to the United States during the POR
or otherwise undermine the results of the CBP data
query or the certified statement by Corinth that it
had no entries of subject merchandise during the
POR.
12 See Commerce’s Letter, ‘‘Notice of Intent to
Rescind Review,’’ dated January 3, 2023.
13 See Corinth’s Letter, ‘‘Comments of Notice of
Intent to Rescind Review,’’ dated January 10, 2024.
VerDate Sep<11>2014
17:41 Jan 22, 2024
Jkt 262001
subject merchandise during the POR for
which liquidation is suspended.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 a reviewable, suspended
entry that Commerce can instruct CBP
to liquidate at the AD assessment rate
calculated for the review period.16 As
noted above, there were no entries of
subject merchandise for Corinth, the
sole company subject to this review
during the POR. Accordingly, in the
absence of suspended entries of subject
merchandise 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 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
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 sanctionable violation.
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).
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 4154
(January 24, 2023).
15 See 19 CFR 351.212(b)(1).
16 See 19 CFR 351.213(d)(3).
PO 00000
Frm 00002
Fmt 4703
Sfmt 4703
4275
Dated: January 17, 2024.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2024–01149 Filed 1–22–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–859]
Light-Walled Rectangular Pipe and
Tube From the Republic of Korea:
Rescission of Antidumping Duty
Administrative Review; 2022–2023
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 lightwalled rectangular pipe and tube
(LWRPT) from the Republic of Korea
(Korea) for the period of review (POR)
August 1, 2022, through July 31, 2023.
DATES: Applicable January 23, 2024.
FOR FURTHER INFORMATION CONTACT:
Carolyn Adie, AD/CVD Operations,
Office VI, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–6250.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On August 5, 2008, Commerce
published in the Federal Register an AD
order on LWRPT from Korea.1 On
August 2, 2023, we published in the
Federal Register a notice of opportunity
to request an administrative review of
the Order.2 On October 18, 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 November 15, 2023, Hoa Phat
submitted a letter notifying Commerce
that it had no exports, sales, or entries
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) (LWRPT from Korea
Order, or 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 50840 (August 2, 2023).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
71829, 71831 (October 18, 2023).
E:\FR\FM\23JAN1.SGM
23JAN1
4276
Federal Register / Vol. 89, No. 15 / Tuesday, January 23, 2024 / Notices
during the POR, and requesting that
Commerce rescind this administrative
review.4 On November 30, 2023, we
placed on the record the results of a data
query from U.S. Customs and Border
Protection (CBP) indicating no
suspended entries during the POR
attributed to Hoa Phat.5 No interested
party submitted comments to
Commerce.
On December 11, 2023, Commerce
notified all interested parties of its
intent to rescind the review in full
because there were no suspended
entries by the company subject to this
review during the POR and invited
interested parties to comment on
Commerce’s intent to rescind.6 No
interested parties commented on the
Intend to Rescind Memorandum.
Interested-Party Comment
In Hoa Phat’s No Shipment Letter,
Hoa Phat argues that none of the entries
of LWRPT manufactured by Hoa Phat
are included in the scope of this
administrative review because all of the
hot-rolled steel (HRS) used to produce
the LWRPT that Hoa Phat exported to
the United States that entered U.S.
customs territory on or after August 4,
2022 was produced in Vietnam, not
Korea.7 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.8 Hoa Phat
argues that Commerce should find that
none of the exports by Hoa Phat during
this period of review were produced
with HRS from the People’s Republic of
China (China), Korea, or Taiwan.9 Hoa
Phat additionally argues that Commerce
should find that Hoa Phat and its
customers are entitled to certify the
origin of the HRS in the LWRPT
exported to the United States by Hoa
Phat.10
In LWRPT Circumvention Final, we
stated that, ‘‘{b}ecause entries of
LWRPT 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
khammond on DSKJM1Z7X2PROD with NOTICES
4 See
Hoa Phat’s Letter, ‘‘No Shipment Letter,’’
dated November 15, 2023 (Hoa Phat’s No Shipment
Letter).
5 See Memorandum, ‘‘Placement on the Record of
Results of Inquiry to U.S. Customs and Border
Protection,’’ dated November 30, 2023.
6 See Memorandum, ‘‘Intent to Rescind Review,’’
dated December 11, 2023.
7 See Hoa Phat’s No Shipment Letter at 2.
8 Id. at 1–2.
9 Id. at 3.
10 Id.
VerDate Sep<11>2014
17:41 Jan 22, 2024
Jkt 262001
standing to request a review of Hoa
Phat’s entries may request an
administrative review of its entries
under the LWRPT China Orders.’’ 11
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 in each of the LWRPT China
Orders.12
Accordingly, we are rescinding this
review because there are no suspended
entries during the POR for the company
for which this review has been initiated.
Further, pursuant to the LWRPT
Circumvention Final, no entry of
LWRPT produced by Hoa Phat in
Vietnam would be entered subject to the
LWRPT from Korea Order without the
completion of administrative reviews
under the LWRPT China Orders. 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.13
Normally, upon completion of an
administrative review, the suspended
entries are liquidated at the AD
assessment rate calculated for the
POR.14 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 POR.15 As noted above, there were
11 See Light-Walled Rectangular Pipe and Tube
from the Republic of Korea: Final Affirmative
Determination of Circumvention of the
Antidumping Duty Order, 88 FR 77266 (November
9, 2023) (LWRPT 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)).
12 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
71829, 71835, 71837 (October 18, 2023).
13 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).
14 See 19 CFR 351.212(b)(1).
15 See 19 CFR 351.213(d)(3).
PO 00000
Frm 00003
Fmt 4703
Sfmt 4703
no suspended entries for the company
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
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 Tariff Act of 1930, as
amended, and 19 CFR 351.213(d)(4).
Dated: January 17, 2024.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2024–01148 Filed 1–22–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XD661]
Research Track Assessment for
Applied State Space Modeling
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meeting.
AGENCY:
NMFS will convene the
Research Track Assessment Peer Review
SUMMARY:
E:\FR\FM\23JAN1.SGM
23JAN1
]]>Agencies
[Federal Register Volume 89, Number 15 (Tuesday, January 23, 2024)]
[Notices]
[Pages 4275-4276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01148]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-859]
Light-Walled Rectangular Pipe and Tube From the Republic of
Korea: 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 rectangular pipe and tube (LWRPT) from the Republic of Korea
(Korea) for the period of review (POR) August 1, 2022, through July 31,
2023.
DATES: Applicable January 23, 2024.
FOR FURTHER INFORMATION CONTACT: Carolyn Adie, AD/CVD Operations,
Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-6250.
SUPPLEMENTARY INFORMATION:
Background
On August 5, 2008, Commerce published in the Federal Register an AD
order on LWRPT from Korea.\1\ On August 2, 2023, we published in the
Federal Register a notice of opportunity to request an administrative
review of the Order.\2\ On October 18, 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 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) (LWRPT from Korea
Order, or 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 50840 (August 2,
2023).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 71829, 71831 (October 18, 2023).
---------------------------------------------------------------------------
On November 15, 2023, Hoa Phat submitted a letter notifying
Commerce that it had no exports, sales, or entries
[[Page 4276]]
during the POR, and requesting that Commerce rescind this
administrative review.\4\ On November 30, 2023, we placed on the record
the results of a data query from U.S. Customs and Border Protection
(CBP) indicating no suspended entries during the POR attributed to Hoa
Phat.\5\ No interested party submitted comments to Commerce.
---------------------------------------------------------------------------
\4\ See Hoa Phat's Letter, ``No Shipment Letter,'' dated
November 15, 2023 (Hoa Phat's No Shipment Letter).
\5\ See Memorandum, ``Placement on the Record of Results of
Inquiry to U.S. Customs and Border Protection,'' dated November 30,
2023.
---------------------------------------------------------------------------
On December 11, 2023, Commerce notified all interested parties of
its intent to rescind the review in full because there were no
suspended entries by the company subject to this review during the POR
and invited interested parties to comment on Commerce's intent to
rescind.\6\ No interested parties commented on the Intend to Rescind
Memorandum.
---------------------------------------------------------------------------
\6\ See Memorandum, ``Intent to Rescind Review,'' dated December
11, 2023.
---------------------------------------------------------------------------
Interested-Party Comment
In Hoa Phat's No Shipment Letter, Hoa Phat argues that none of the
entries of LWRPT manufactured by Hoa Phat are included in the scope of
this administrative review because all of the hot-rolled steel (HRS)
used to produce the LWRPT that Hoa Phat exported to the United States
that entered U.S. customs territory on or after August 4, 2022 was
produced in Vietnam, not Korea.\7\ 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.\8\ Hoa
Phat argues that Commerce should find that none of the exports by Hoa
Phat during this period of review were produced with HRS from the
People's Republic of China (China), Korea, or Taiwan.\9\ Hoa Phat
additionally argues that Commerce should find that Hoa Phat and its
customers are entitled to certify the origin of the HRS in the LWRPT
exported to the United States by Hoa Phat.\10\
---------------------------------------------------------------------------
\7\ See Hoa Phat's No Shipment Letter at 2.
\8\ Id. at 1-2.
\9\ Id. at 3.
\10\ Id.
---------------------------------------------------------------------------
In LWRPT Circumvention Final, we stated that, ``{b{time} ecause
entries of LWRPT 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.''
\11\ 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 in each of the LWRPT China
Orders.\12\
---------------------------------------------------------------------------
\11\ See Light-Walled Rectangular Pipe and Tube from the
Republic of Korea: Final Affirmative Determination of Circumvention
of the Antidumping Duty Order, 88 FR 77266 (November 9, 2023) (LWRPT
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)).
\12\ 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 the company for which this review
has been initiated. Further, pursuant to the LWRPT Circumvention Final,
no entry of LWRPT produced by Hoa Phat in Vietnam would be entered
subject to the LWRPT from Korea Order without the completion of
administrative reviews under the LWRPT China Orders. 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.\13\ Normally, upon completion of an administrative
review, the suspended entries are liquidated at the AD assessment rate
calculated for the POR.\14\ 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 POR.\15\ As noted above, there were no suspended
entries for the company 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).
---------------------------------------------------------------------------
\13\ 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).
\14\ See 19 CFR 351.212(b)(1).
\15\ See 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 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 Tariff Act of 1930, as amended, and 19
CFR 351.213(d)(4).
Dated: January 17, 2024.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2024-01148 Filed 1-22-24; 8:45 am]
BILLING CODE 3510-DS-P
