Welded Stainless Steel Pressure Pipe From the Socialist Republic of Vietnam: Preliminary Results of Antidumping Duty Administrative Review; 2022-2023, 65849-65852 [2024-17997]

Download as PDF Federal Register / Vol. 89, No. 156 / Tuesday, August 13, 2024 / Notices Allegation 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. Amended Final Results of Review As a result of correcting the ministerial error described above, we determine that the following estimated weighted-average dumping margin exists for the period October 13, 2021, through November 30, 2022: Weightedaverage dumping margin (percent) Exporter or producer CS Wind Corporation/CS Wind Malaysia Sdn Bhd ................... 17.97 lotter on DSK11XQN23PROD with NOTICES1 Disclosure Commerce intends to disclose the calculations performed in connection with these amended final results of review to interested parties within five days after public announcement of the amended final results or, if there is no public announcement, within five days of the date of publication of the notice of amended final results in the Federal Register, in accordance with 19 CFR 351.224(b). Assessment Rates Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b)(1), Commerce has determined, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with these amended final results of review. Pursuant to 19 CFR 351.212(b)(1), for CS Wind, we calculated importerspecific ad valorem assessment rates based on the ratio of the total amount of dumping calculated for the examined sales for each importer to the total entered value of the sales for each importer. Where an importer-specific assessment rate is zero or de minimis, within the meaning of 19 CFR 351.106(c)(1), Commerce will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. For entries of subject merchandise during the POR produced by CS Wind for which it did not know that its merchandise was destined for the United States, we will instruct CBP to liquidate such entries at the all-others concurrently with this notice (Ministerial Error Allegation Memorandum). VerDate Sep<11>2014 17:55 Aug 12, 2024 Jkt 262001 rate established in the less-than-fairvalue (LTFV) investigation of 0.00 percent ad valorem,12 if there is no rate for the intermediate company(ies) involved in the transaction. Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of the amended final results of this review in the Federal Register. If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired (i.e., within 90 days of publication). Cash Deposit Requirements The following amended cash deposit requirements will be effective retroactively upon publication of the amended final results of this administrative review in the Federal Register, for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after July 10, 2024, the publication date of the Final Results, as provided by section 751(a)(2)(C) of the Act: (1) the amended cash deposit rate for subject merchandise exported by CS Wind will be equal to the weighted-average dumping margin established in these amended final results of this review; (2) for merchandise exported by companies not covered in this review but covered in a prior segment of this proceeding, the cash deposit rate will continue to be the company-specific rate published in the completed segment for the most recent period; (3) if the exporter is not a firm covered in this review, a prior review, or the original LTFV investigation, but the producer is, then the cash deposit rate will be the rate established in the completed segment for the most recent period for the producer of the merchandise; and (4) the cash deposit rate for all other producers or exporters will continue to be 0.00 percent, the all-others rate established in the LTFV investigation.13 These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant 12 See Utility Scale Wind Towers from India and Malaysia: Antidumping Duty Orders, 86 FR 69014 (December 6, 2021). 13 Id. PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 65849 entries during this review period. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. Administrative Protective Order This notice also serves as the only reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and the terms of an APO is a violation which is subject to sanction. Notification to Interested Parties We are issuing and publishing these results in accordance with sections 751(h) and 777(i)(1) of the Act, and 19 CFR 351.224(e). Dated: August 7, 2024. Scot Fullerton, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2024–18010 Filed 8–12–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–552–816] Welded Stainless Steel Pressure Pipe From the Socialist Republic of Vietnam: Preliminary Results of Antidumping Duty Administrative Review; 2022–2023 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily determines that Sonha SSP Vietnam Sole Member Company Limited (Sonha SSP) and Vinlong Stainless Steel (Vietnam) Co., Ltd. (Vinlong) sold subject merchandise to the United States at less than normal value (NV) during the period of review (POR) July 1, 2022, through June 30, 2023. DATES: Applicable August 13, 2024. FOR FURTHER INFORMATION CONTACT: Luke Caruso or Maisha Cryor, AD/CVD Operations, Office IV, Enforcement and AGENCY: E:\FR\FM\13AUN1.SGM 13AUN1 65850 Federal Register / Vol. 89, No. 156 / Tuesday, August 13, 2024 / Notices Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–2081 or (202) 482–5831, respectively. SUPPLEMENTARY INFORMATION: Background On July 21, 2014, Commerce published in the Federal Register the antidumping duty (AD) order on welded stainless steel pressure pipe (welded pressure pipe) from Socialist Republic of Vietnam (Vietnam). On July 3, 2023, Commerce published in the Federal Register a notice of opportunity to request an administrative review of the Order.1 On September 11, 2023, Commerce published in the Federal Register the initiation notice of an administrative review of the AD Order on welded pressure pipe from Vietnam.2 Commerce selected Sonha SSP and Vinlong as mandatory respondents in this administrative review.3 On March 8, 2024, Commerce extended the deadline for these preliminary results to July 30, 2024.4 On July 22, 2024, Commerce tolled certain deadlines in this administrative proceeding by seven days.5 The deadline for these preliminary results is now August 6, 2024. For a complete description of the events that followed the initiation of this administrative review, see the Preliminary Decision Memorandum.6 Scope of the Order The merchandise covered by this Order is circular welded austenitic stainless pressure pipe not greater than 14 inches in outside diameter. A full description of the scope of the Order is contained in the Preliminary Decision Memorandum.7 Vietnam-Wide Entity Under Commerce’s policy regarding the conditional review of the Vietnamwide entity,8 the Vietnam-wide entity will not be under review unless a party specifically requests, or Commerce selfinitiates, a review of the entity. Because no party requested a review of the Vietnam-wide entity in this review, the entity is not under review, and the entity’s rate (i.e., 16.25) is not subject to change.9 With the exception of Sonha SSP and Vinlong, Commerce considers all other companies for which a review was requested and did not demonstrate separate rate eligibility to be part of the Vietnam-wide entity.10 For these preliminary results, we consider Mejonson Industrial Vietnam Co., Ltd., to be part of the Vietnam-wide entity because it did not file a separate rate application or certification. For additional information, see the Preliminary Decision Memorandum. Methodology Commerce is conducting this review in accordance with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). We calculated export price in accordance with section 772 of the Act. Because Vietnam is a non-market economy country within the meaning of section 771(18) of the Act, we calculated NV in accordance with section 773(c) of the Act. For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. 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. A list of topics discussed in the Preliminary Decision Memorandum is included in Appendix I of this notice. In addition, a complete version of the Preliminary Decision Memorandum can be found at https://access.trade.gov/public/ FRNoticesListLayout.aspx. Preliminary Results of the Administrative Review Commerce preliminarily determines that the following estimated weightedaverage dumping margins exist for the administrative review covering the period July 1, 2022, through June 30, 2023: Weighted-average dumping margin (percent) Exporter Sonha SSP Vietnam Sole Member Company Limited/Sonha International Corporation 11 ....................................................... Vinlong Stainless Steel (Vietnam) Co., Ltd ................................................................................................................................. Vietnam-wide Entity ..................................................................................................................................................................... Disclosure and Public Comment lotter on DSK11XQN23PROD with NOTICES1 We intend to disclose the calculations performed to parties within five days after public announcement of the preliminary results or, if there is no 1 See Welded Stainless Pressure Pipe from Malaysia, Thailand, and the Socialist Republic of Vietnam: Antidumping Duty Orders, 79 FR 42289 (July 21, 2014) (Order); and Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review and Join Annual Inquiry Service List, 87 FR 39461 (July 3, 2023). 2 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 88 FR 62322 (September 11, 2023) (Initiation Notice). 3 See Memorandum, ‘‘Respondent Selection,’’ dated November 27, 2023. 4 See Memorandum, ‘‘Extension of Deadline for Preliminary Results of Antidumping Duty Administrative Review,’’ dated March 8, 2024. VerDate Sep<11>2014 17:55 Aug 12, 2024 Jkt 262001 public announcement, within five days of the date of publication of this notice.12 Interested parties may submit case briefs no later than 30 days after the date of publication of this notice.13 5 See Memorandum, ‘‘Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings,’’ dated July 22, 2024. 6 See Memorandum, ‘‘Decision Memorandum for the Preliminary Results of the Antidumping Duty Administrative Review: Welded Stainless Steel Pressure Pipe from the Socialist Republic of Vietnam, 2022–2023,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 7 Id. 8 See Antidumping Proceedings: Announcement of Change in Department Practice for Respondent Selection in Antidumping Duty Proceedings and Conditional Review of the Nonmarket Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013). PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 144.51 144.51 16.25 Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than five days after the date for filing case briefs.14 Interested parties who submit case or rebuttal briefs in this 9 See Order. Initiation Notice. 11 We are treating these companies as a single entity for puposes of this review. For a complete discussion, see Memorandum, ≥Affliation and Collapsing of Sonha International and Sonha SSP Vietnam Sole Member Company Limited,≥ dated concurrently with this this memorandum. 12 See 19 CFR 351.224(b). 13 See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 (for general filing requirements). 14 See 19 CFR 351.309(d); see also Administrative Protective Order, Service, and Other Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 2023) (APO and Service Procedures). 10 See E:\FR\FM\13AUN1.SGM 13AUN1 Federal Register / Vol. 89, No. 156 / Tuesday, August 13, 2024 / Notices proceeding must subm it: (1) a table of contents listing each issue; and (2) a table of authorities.15 As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior proceedings we have encouraged interested parties to provide an executive summary of their briefs that should be limited to five pages total, including footnotes. In this review, we instead request that interested parties provide at the beginning of their briefs a public, executive summary for each issue raised in their briefs.16 Further, we request that interested parties limit their public executive summary of each issue to no more than 450 words, not including citations. We intend to use the public executive summaries as the basis of the comment summaries included in the issues and decision memorandum that will accompany the final results in this administrative review. We request that interested parties include footnotes for relevant citations in the public executive summary of each issue. Note that Commerce has amended certain of its requirements pertaining to the service of documents in 19 CFR 351.303(f).17 Interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, filed electronically via ACCESS.18 Requests should contain: (1) the party’s name, address, and telephone number; (2) the number of participants and whether any participant is a foreign national; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to those raised in case and rebuttal briefs.19 If a request for a hearing is made, Commerce intends to hold the hearing at a time and date to be determined. A hearing request must be filed electronically using ACCESS and received in its entirety by 5:00 p.m. Eastern Time within 30 days after the publication of this notice. Final Results of Review lotter on DSK11XQN23PROD with NOTICES1 Unless the deadline is extended, Commerce intends to issue the final results of this review, including the results of its analysis of the issues raised in any written briefs, no later than 120 days after the date of publication of this notice, pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h). 15 See 19 CFR 351.309(c)(2) and (d)(2). 16 We use the term ‘‘issue’’ here to describe an argument that Commerce would normally address in a comment of the Issues and Decision Memorandum. 17 See APO and Service Procedures. 18 See 19 CFR 351.310(c). 19 See 19 CFR 351.310. VerDate Sep<11>2014 17:55 Aug 12, 2024 Jkt 262001 Assessment Rates Upon issuing the final results, Commerce will determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries covered by this review.20 Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of the final results of this review in the Federal Register. If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired (i.e., within 90 days of publication). For each individually examined respondent in this review whose weighted-average dumping margin in the final results of review is not zero or de minimis (i.e., less than 0.5 percent), Commerce intends to calculate importer/customer-specific assessment rates.21 Where the respondent reported reliable entered values, Commerce intends to calculate importer/customerspecific ad valorem assessment rates by aggregating the amount of dumping calculated for all U.S. sales to the importer/customer and dividing this amount by the total entered value of the merchandise sold to the importer/ customer.22 Where the respondent did not report entered values, Commerce will calculate importer/customerspecific assessment rates by dividing the amount of dumping for reviewed sales to the importer/customer by the total quantity of those sales. Commerce will calculate an estimated ad valorem importer/customer-specific assessment rate to determine whether the per-unit assessment rate is de minimis; however, Commerce will use the per-unit assessment rate where entered values were not reported.23 Where an importer/ customer-specific ad valorem assessment rate is not zero or de minimis, Commerce will instruct CBP to collect the appropriate duties at the time of liquidation. Where either the respondent’s weighted average dumping margin is zero or de minimis, or an importer/customer-specific ad valorem assessment rate is zero or de minimis, Commerce will instruct CBP to liquidate appropriate entries without regard to antidumping duties.24 20 See 19 CFR 351.212(b)(1). Antidumping Proceedings: Calculation of the Weighted Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings: Final Modification, 77 FR 8101 (February 14, 2012) (Final Modification). 22 See 19 CFR 351.212(b)(1). 23 Id. 24 See Final Modifications, 77 FR at 8103. 21 See PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 65851 Pursuant to Commerce’s refinement to its practice, for sales that were not reported in the U.S. sales database submitted by a respondent individually examined during this review, Commerce will instruct CBP to liquidate the entry of such merchandise at the dumping margin assigned to the Vietnam-wide entity.25 For respondents not individually examined in this administrative review that qualified for a separate rate, the assessment rate will be equal to the weighted-average dumping margin assigned to the respondent in the final results of this review.26 Additionally, where Commerce determines that an exporter under review had no shipments of subject merchandise to the United States during the POR, any suspended entries of subject merchandise that entered under that exporter’s CBP case number during the POR will be liquidated at the dumping margin assigned to the Vietnam-wide entity. In accordance with section 751(a)(2)(C) of the Act, the final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by the final results of this review and for future deposits of estimated antidumping duties, where applicable. Cash Deposit Requirements The following cash deposit requirements will be effective for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided by section 751(a)(2)(C) of the Act: (1) for the exporters listed above, the cash deposit rate will be equal to the weighted-average dumping margins established in the final results of this review, except if the rate is de minimis, in which case the cash deposit rate will be zero; (2) for previously-examined Vietnamese and non-Vietnamese exporters not listed above that at the time of entry are eligible for a separate rate base on a prior completed segment of this proceeding, the cash deposit rate 25 For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011). 26 See Drawn Stainless Steel Sinks from the People’s Republic of China: Preliminary Results of the Antidumping Duty Administrative Review and Preliminary Determination of No Shipments: 2014– 2015, 81 FR 29528 (May 12, 2016), and accompanying PDM at 10–11, unchanged in Drawn Stainless Steel Sinks from the People’s Republic of China: Final Results of Antidumping Duty Administrative Review; Final Determination of No Shipments; 2014–2015, 81 FR 54042 (August 15, 2016). E:\FR\FM\13AUN1.SGM 13AUN1 65852 Federal Register / Vol. 89, No. 156 / Tuesday, August 13, 2024 / Notices will continue to the be the existing exporter-specific cash deposit rate; (3) for all non-Vietnamese exporters of subject merchandise which at the time of entry do not have a separate rate, the cash deposit rate will be the rate applicable to the Vietnamese exporter that supplied the non-Vietnamese exporter. These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Notification to Interested Parties Commerce is issuing and publishing the preliminary results of this review in accordance with sections 751(a)(1)(B) and 777(i) of the Act, and 19 CFR 351.221(b)(4). Dated: August 6, 2024. Scot Fullerton, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. Appendix I List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Application of Facts Available With Adverse Inference V. Affiliation and Collapsing VI. Discussion of the Methodology VII. Currency Conversion VIII. Recommendation [FR Doc. 2024–17997 Filed 8–12–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration lotter on DSK11XQN23PROD with NOTICES1 [C–570–179] Certain Tungsten Shot From the People’s Republic of China: Initiation of Countervailing Duty Investigation Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: DATES: Applicable August 6, 2024. VerDate Sep<11>2014 17:55 Aug 12, 2024 Jkt 262001 FOR FURTHER INFORMATION CONTACT: Samuel Evans, AD/CVD Operations, Office IX, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–2420. SUPPLEMENTARY INFORMATION: The Petition On July 10, 2024, the U.S. Department of Commerce (Commerce) received a countervailing duty (CVD) petition concerning imports of certain tungsten shot (tungsten shot) from the People’s Republic of China (China) filed in proper form on behalf of Tungsten Parts Wyoming, Inc. (the petitioner), a domestic producer of tungsten shot.1 The Petition was accompanied by an antidumping duty (AD) petition concerning imports of tungsten shot from China.2 On July 22, 2024, Commerce tolled the deadline for this administrative proceeding by seven days.3 The deadline for the initiation is now August 6, 2024. Between July 12 and 30, 2024, Commerce requested supplemental information from the petitioner regarding the Petition in supplemental questionnaires.4 The petitioner responded to Commerce’s supplemental questionnaires between July 18 and August 1, 2024.5 In accordance with section 702(b)(1) of the Tariff Act of 1930, as amended (the Act), the petitioner alleges that the Government of China (GOC) is providing countervailable subsidies, within the meaning of sections 701 and 1 See Petitioner’s Letter, ‘‘Petitions for the Imposition of Antidumping and Countervailing Duties’’ dated July 10, 2024 (Petition). 2 Id. 3 See Memorandum, ‘‘Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings,’’ dated July 22, 2024. 4 See Commerce’s Letters, ‘‘Supplemental Questions,’’ dated July 12, 2024 (General Issues Questionnaire); ‘‘Supplemental Questions,’’ dated July 15, 2024; and ‘‘Supplemental Questions,’’ dated July 25, 2024; see also Memorandum, ‘‘Phone Call with Counsel to the Petitioner,’’ dated July 22, 2024 (July 22 Memorandum). 5 See Petitioner’s Letters, ‘‘Petitioner’s Response to Supplemental Questions Regarding Common Issues and Injury Volume I of the Petitions,’’ dated July 18, 2024 (First General Issues Supplement); ‘‘Petitioner’s Response to Supplemental Questions Regarding Volume II of the Petitions,’’ dated July 18, 2024; ‘‘Petitioner’s Response to Supplemental Questions Regarding Volume III of the Petitions,’’ dated July 22, 2024; ‘‘Petitioner’s Response to Second Supplemental Questions Regarding Volume I of the Petitions,’’ dated July 24, 2024 (Second General Issues Supplement); ‘‘Petitioner’s Response to Third Supplemental Questions Regarding Volume I of the Petitions,’’ dated July 26, 2024 (Third General Issues Supplement); and ‘‘Response to Supplemental Questions Regarding Volume III of the Petition,’’ dated August 1, 2024. PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 771(5) of the Act, to Chinese producers of tungsten shot, and that such imports are materially injuring, or threatening material injury to, the industry producing tungsten shot in the United States. Consistent with section 702(b)(1) of the Act and 19 CFR 351.202(b), the alleged programs for which we are initiating this CVD investigation are supported by information in the Petition that is reasonably available to the petitioner. Commerce finds that the petitioner filed the Petition on behalf of the domestic industry because the petitioner is an interested party as defined in section 771(9)(C) of the Act. Commerce also finds that the petitioner demonstrated sufficient industry support with respect to the initiation of the requested CVD investigation.6 Period of Investigation Because the Petition was filed on July 10, 2024, the period of investigation (POI) is January 1, 2023, through December 31, 2023.7 Scope of the Investigation The merchandise covered by this investigation is tungsten shot from China. For a full description of the scope of this investigation, see the appendix to this notice. Comments on Scope of the Investigation Between July 12 and July 22, 2024, Commerce requested information and clarification from the petitioner regarding the proposed scope to ensure that the scope language in the Petition is an accurate reflection of the products for which the domestic industry is seeking relief.8 Between July 18 and July 24, 2024, the petitioner provided clarifications and revised the scope.9 The description of merchandise covered by this investigation, as described in the appendix to this notice, reflects these clarifications. As discussed in the Preamble to Commerce’s regulations, we are setting aside a period for parties to raise issues regarding product coverage (i.e., scope).10 Commerce will consider all scope comments received from interested parties and, if necessary, will consult with interested parties prior to the issuance of the preliminary 6 See section on ‘‘Determination of Industry Support for the Petition,’’ infra. 7 See 19 CFR 351.204(b)(2). 8 See General Issues Questionnaire; see also July 22 Memorandum. 9 See First General Issues Supplement at 1; see also Second General Issues Supplement at 1–2. 10 See Antidumping Duties; Countervailing Duties, 62 FR 27296, 27323 (May 19, 1997) (Preamble); see also 19 CFR 351.312. E:\FR\FM\13AUN1.SGM 13AUN1

Agencies

[Federal Register Volume 89, Number 156 (Tuesday, August 13, 2024)]
[Notices]
[Pages 65849-65852]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17997]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-816]


Welded Stainless Steel Pressure Pipe From the Socialist Republic 
of Vietnam: Preliminary Results 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) preliminarily 
determines that Sonha SSP Vietnam Sole Member Company Limited (Sonha 
SSP) and Vinlong Stainless Steel (Vietnam) Co., Ltd. (Vinlong) sold 
subject merchandise to the United States at less than normal value (NV) 
during the period of review (POR) July 1, 2022, through June 30, 2023.

DATES: Applicable August 13, 2024.

FOR FURTHER INFORMATION CONTACT: Luke Caruso or Maisha Cryor, AD/CVD 
Operations, Office IV, Enforcement and

[[Page 65850]]

Compliance, International Trade Administration, U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: 
(202) 482-2081 or (202) 482-5831, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 21, 2014, Commerce published in the Federal Register the 
antidumping duty (AD) order on welded stainless steel pressure pipe 
(welded pressure pipe) from Socialist Republic of Vietnam (Vietnam). On 
July 3, 2023, Commerce published in the Federal Register a notice of 
opportunity to request an administrative review of the Order.\1\
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    \1\ See Welded Stainless Pressure Pipe from Malaysia, Thailand, 
and the Socialist Republic of Vietnam: Antidumping Duty Orders, 79 
FR 42289 (July 21, 2014) (Order); and Antidumping or Countervailing 
Duty Order, Finding, or Suspended Investigation; Opportunity To 
Request Administrative Review and Join Annual Inquiry Service List, 
87 FR 39461 (July 3, 2023).
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    On September 11, 2023, Commerce published in the Federal Register 
the initiation notice of an administrative review of the AD Order on 
welded pressure pipe from Vietnam.\2\ Commerce selected Sonha SSP and 
Vinlong as mandatory respondents in this administrative review.\3\ On 
March 8, 2024, Commerce extended the deadline for these preliminary 
results to July 30, 2024.\4\ On July 22, 2024, Commerce tolled certain 
deadlines in this administrative proceeding by seven days.\5\ The 
deadline for these preliminary results is now August 6, 2024. For a 
complete description of the events that followed the initiation of this 
administrative review, see the Preliminary Decision Memorandum.\6\
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    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 62322 (September 11, 2023) (Initiation 
Notice).
    \3\ See Memorandum, ``Respondent Selection,'' dated November 27, 
2023.
    \4\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated March 8, 
2024.
    \5\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.
    \6\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Antidumping Duty Administrative Review: Welded 
Stainless Steel Pressure Pipe from the Socialist Republic of 
Vietnam, 2022-2023,'' dated concurrently with, and hereby adopted 
by, this notice (Preliminary Decision Memorandum).
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Scope of the Order

    The merchandise covered by this Order is circular welded austenitic 
stainless pressure pipe not greater than 14 inches in outside diameter. 
A full description of the scope of the Order is contained in the 
Preliminary Decision Memorandum.\7\
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    \7\ Id.
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Vietnam-Wide Entity

    Under Commerce's policy regarding the conditional review of the 
Vietnam-wide entity,\8\ the Vietnam-wide entity will not be under 
review unless a party specifically requests, or Commerce self-
initiates, a review of the entity. Because no party requested a review 
of the Vietnam-wide entity in this review, the entity is not under 
review, and the entity's rate (i.e., 16.25) is not subject to 
change.\9\
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    \8\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
    \9\ See Order.
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    With the exception of Sonha SSP and Vinlong, Commerce considers all 
other companies for which a review was requested and did not 
demonstrate separate rate eligibility to be part of the Vietnam-wide 
entity.\10\ For these preliminary results, we consider Mejonson 
Industrial Vietnam Co., Ltd., to be part of the Vietnam-wide entity 
because it did not file a separate rate application or certification. 
For additional information, see the Preliminary Decision Memorandum.
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    \10\ See Initiation Notice.
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Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). We 
calculated export price in accordance with section 772 of the Act. 
Because Vietnam is a non-market economy country within the meaning of 
section 771(18) of the Act, we calculated NV in accordance with section 
773(c) of the Act. For a full description of the methodology underlying 
our conclusions, see the Preliminary Decision Memorandum. 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. A 
list of topics discussed in the Preliminary Decision Memorandum is 
included in Appendix I of this notice. In addition, a complete version 
of the Preliminary Decision Memorandum can be found at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Preliminary Results of the Administrative Review

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margins exist for the administrative review 
covering the period July 1, 2022, through June 30, 2023:

------------------------------------------------------------------------
                                                       Weighted-average
                      Exporter                          dumping margin
                                                           (percent)
------------------------------------------------------------------------
Sonha SSP Vietnam Sole Member Company Limited/Sonha               144.51
 International Corporation \11\.....................
Vinlong Stainless Steel (Vietnam) Co., Ltd..........              144.51
Vietnam-wide Entity.................................               16.25
------------------------------------------------------------------------

Disclosure and Public Comment
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    \11\ We are treating these companies as a single entity for 
puposes of this review. For a complete discussion, see Memorandum, 
Affliation and Collapsing of Sonha International and 
Sonha SSP Vietnam Sole Member Company Limited, dated 
concurrently with this this memorandum.
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    We intend to disclose the calculations performed to parties within 
five days after public announcement of the preliminary results or, if 
there is no public announcement, within five days of the date of 
publication of this notice.\12\ Interested parties may submit case 
briefs no later than 30 days after the date of publication of this 
notice.\13\ Rebuttal briefs, limited to issues raised in the case 
briefs, may be filed not later than five days after the date for filing 
case briefs.\14\ Interested parties who submit case or rebuttal briefs 
in this

[[Page 65851]]

proceeding must subm it: (1) a table of contents listing each issue; 
and (2) a table of authorities.\15\
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    \12\ See 19 CFR 351.224(b).
    \13\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 (for 
general filing requirements).
    \14\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023) (APO and Service Procedures).
    \15\ See 19 CFR 351.309(c)(2) and (d)(2).
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    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings we have encouraged interested parties to provide an 
executive summary of their briefs that should be limited to five pages 
total, including footnotes. In this review, we instead request that 
interested parties provide at the beginning of their briefs a public, 
executive summary for each issue raised in their briefs.\16\ Further, 
we request that interested parties limit their public executive summary 
of each issue to no more than 450 words, not including citations. We 
intend to use the public executive summaries as the basis of the 
comment summaries included in the issues and decision memorandum that 
will accompany the final results in this administrative review. We 
request that interested parties include footnotes for relevant 
citations in the public executive summary of each issue. Note that 
Commerce has amended certain of its requirements pertaining to the 
service of documents in 19 CFR 351.303(f).\17\
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    \16\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \17\ See APO and Service Procedures.
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    Interested parties who wish to request a hearing must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance, filed electronically via ACCESS.\18\ Requests should 
contain: (1) the party's name, address, and telephone number; (2) the 
number of participants and whether any participant is a foreign 
national; and (3) a list of issues to be discussed. Issues raised in 
the hearing will be limited to those raised in case and rebuttal 
briefs.\19\ If a request for a hearing is made, Commerce intends to 
hold the hearing at a time and date to be determined. A hearing request 
must be filed electronically using ACCESS and received in its entirety 
by 5:00 p.m. Eastern Time within 30 days after the publication of this 
notice.
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    \18\ See 19 CFR 351.310(c).
    \19\ See 19 CFR 351.310.
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Final Results of Review

    Unless the deadline is extended, Commerce intends to issue the 
final results of this review, including the results of its analysis of 
the issues raised in any written briefs, no later than 120 days after 
the date of publication of this notice, pursuant to section 
751(a)(3)(A) of the Act and 19 CFR 351.213(h).

Assessment Rates

    Upon issuing the final results, Commerce will determine, and U.S. 
Customs and Border Protection (CBP) shall assess, antidumping duties on 
all appropriate entries covered by this review.\20\ Commerce intends to 
issue assessment instructions to CBP no earlier than 35 days after the 
date of publication of the final results of this review in the Federal 
Register. If a timely summons is filed at the U.S. Court of 
International Trade, the assessment instructions will direct CBP not to 
liquidate relevant entries until the time for parties to file a request 
for a statutory injunction has expired (i.e., within 90 days of 
publication).
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    \20\ See 19 CFR 351.212(b)(1).
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    For each individually examined respondent in this review whose 
weighted-average dumping margin in the final results of review is not 
zero or de minimis (i.e., less than 0.5 percent), Commerce intends to 
calculate importer/customer-specific assessment rates.\21\ Where the 
respondent reported reliable entered values, Commerce intends to 
calculate importer/customer-specific ad valorem assessment rates by 
aggregating the amount of dumping calculated for all U.S. sales to the 
importer/customer and dividing this amount by the total entered value 
of the merchandise sold to the importer/customer.\22\ Where the 
respondent did not report entered values, Commerce will calculate 
importer/customer-specific assessment rates by dividing the amount of 
dumping for reviewed sales to the importer/customer by the total 
quantity of those sales. Commerce will calculate an estimated ad 
valorem importer/customer-specific assessment rate to determine whether 
the per-unit assessment rate is de minimis; however, Commerce will use 
the per-unit assessment rate where entered values were not 
reported.\23\ Where an importer/customer-specific ad valorem assessment 
rate is not zero or de minimis, Commerce will instruct CBP to collect 
the appropriate duties at the time of liquidation. Where either the 
respondent's weighted average dumping margin is zero or de minimis, or 
an importer/customer-specific ad valorem assessment rate is zero or de 
minimis, Commerce will instruct CBP to liquidate appropriate entries 
without regard to antidumping duties.\24\
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    \21\ See Antidumping Proceedings: Calculation of the Weighted 
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012) 
(Final Modification).
    \22\ See 19 CFR 351.212(b)(1).
    \23\ Id.
    \24\ See Final Modifications, 77 FR at 8103.
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    Pursuant to Commerce's refinement to its practice, for sales that 
were not reported in the U.S. sales database submitted by a respondent 
individually examined during this review, Commerce will instruct CBP to 
liquidate the entry of such merchandise at the dumping margin assigned 
to the Vietnam-wide entity.\25\ For respondents not individually 
examined in this administrative review that qualified for a separate 
rate, the assessment rate will be equal to the weighted-average dumping 
margin assigned to the respondent in the final results of this 
review.\26\
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    \25\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
    \26\ See Drawn Stainless Steel Sinks from the People's Republic 
of China: Preliminary Results of the Antidumping Duty Administrative 
Review and Preliminary Determination of No Shipments: 2014-2015, 81 
FR 29528 (May 12, 2016), and accompanying PDM at 10-11, unchanged in 
Drawn Stainless Steel Sinks from the People's Republic of China: 
Final Results of Antidumping Duty Administrative Review; Final 
Determination of No Shipments; 2014-2015, 81 FR 54042 (August 15, 
2016).
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    Additionally, where Commerce determines that an exporter under 
review had no shipments of subject merchandise to the United States 
during the POR, any suspended entries of subject merchandise that 
entered under that exporter's CBP case number during the POR will be 
liquidated at the dumping margin assigned to the Vietnam-wide entity.
    In accordance with section 751(a)(2)(C) of the Act, the final 
results of this review shall be the basis for the assessment of 
antidumping duties on entries of merchandise covered by the final 
results of this review and for future deposits of estimated antidumping 
duties, where applicable.

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) for the exporters listed above, the cash 
deposit rate will be equal to the weighted-average dumping margins 
established in the final results of this review, except if the rate is 
de minimis, in which case the cash deposit rate will be zero; (2) for 
previously-examined Vietnamese and non-Vietnamese exporters not listed 
above that at the time of entry are eligible for a separate rate base 
on a prior completed segment of this proceeding, the cash deposit rate

[[Page 65852]]

will continue to the be the existing exporter-specific cash deposit 
rate; (3) for all non-Vietnamese exporters of subject merchandise which 
at the time of entry do not have a separate rate, the cash deposit rate 
will be the rate applicable to the Vietnamese exporter that supplied 
the non-Vietnamese exporter. These cash deposit requirements, when 
imposed, shall remain in effect until further notice.

Notification to Importers

    This notice serves as a preliminary reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this POR. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of antidumping duties occurred and the subsequent assessment of double 
antidumping duties.

Notification to Interested Parties

    Commerce is issuing and publishing the preliminary results of this 
review in accordance with sections 751(a)(1)(B) and 777(i) of the Act, 
and 19 CFR 351.221(b)(4).

    Dated: August 6, 2024.
Scot Fullerton,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Application of Facts Available With Adverse Inference
V. Affiliation and Collapsing
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation

[FR Doc. 2024-17997 Filed 8-12-24; 8:45 am]
BILLING CODE 3510-DS-P

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