Light-Walled Rectangular Pipe and Tube From the People's Republic of China: Preliminary Results and Preliminary Determination of No Shipments; 2022, 74904-74906 [2024-20773]
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Federal Register / Vol. 89, No. 178 / Friday, September 13, 2024 / Notices
entries without regard to antidumping
duties.
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 China-wide
entity.28 Additionally, where Commerce
determines that an exporter under
review had no shipments of subject
merchandise 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
antidumping duty assessment rate for
the China-wide entity.
For the companies for which this
review is rescinded with these
preliminary results, we will instruct
CBP to assess antidumping duties on all
appropriate entries at a rate equal to the
cash deposit of estimated antidumping
duties required at the time of entry, or
withdrawal from warehouse, for
consumption, during the POR, in
accordance with 19 CFR 351.212(c)(l)(i).
For the companies rescinded from
review, Commerce intends to issue
assessment instructions to CBP 35 days
after the publication of this notice in the
Federal Register.
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 ADs, where
applicable.
khammond on DSKJM1Z7X2PROD with NOTICES
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
review for all shipments of the subject
merchandise from China entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of the notice of the final
results of administrative review in the
Federal Register, as provided for by
section 751(a)(2)(C) of the Act: (1) for
the companies that have a separate rate,
the cash deposit rate will be that rate
established in the final results of this
review (except, if the rate is de minimis,
then a cash deposit rate of zero will be
required); (2) for previously investigated
or reviewed Chinese and non-Chinese
exporters for which a review was not
28 28 For a full discussion of this practice, see
Non-Market Economy Antidumping Proceedings:
Assessment of Antidumping Duties, 76 FR 65694
(October 24, 2011).
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requested and that received a separate
rate in a prior segment of this
proceeding, the cash deposit rate will
continue to be the existing exporterspecific rate; (3) for all Chinese
exporters of subject merchandise that
have not been found to be entitled to a
separate rate, the cash deposit rate will
be the rate for the China-wide entity
(i.e., 322.25 percent); and (4) for all nonChinese exporters of subject
merchandise that have not received
their own rate, the cash deposit rate will
be the rate applicable to the Chinese
exporter that supplied that non-Chinese
exporter. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Final Results of Review
Unless otherwise extended, we intend
to issue the final results of this
administrative review, which will
include the results of our analysis of the
issues raised in the case and rebuttal
briefs, within 120 days of publication of
these preliminary results in the Federal
Register, pursuant to section
751(a)(3)(A) of the Act and 19 CFR
351.213(h).
Notification to Importers
This notice also 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 and/or countervailing
duties prior to liquidation of the
relevant entries during this review
period. Failure to comply with this
requirement could result in Commerce’s
presumption that reimbursement of
antidumping and/or countervailing
duties occurred and the subsequent
assessment of double antidumping
duties, and/or an increase in the amount
of antidumping duties by the amount of
the countervailing duties.
Notification to Interested Parties
We are issuing and publishing the
preliminary results of this review in
accordance with sections 751(a)(l) and
777(i)(l) of the Act, 19 CFR
351.213(d)(4), and 19 CFR 351.221(b)(4).
Dated: September 6, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Determination of No
Shipments
V. Partial Recission of Administrative Review
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VI. Discussion of the Methodology
VII. Adjustment Under Section 777(A)(f) of
the Act
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2024–20780 Filed 9–12–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–915]
Light-Walled Rectangular Pipe and
Tube From the People’s Republic of
China: Preliminary Results and
Preliminary Determination of No
Shipments; 2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S Department of
Commerce (Commerce) is conducting
the administrative review of the
countervailing duty (CVD) order on
light-walled rectangular pipe and tube
(LWRPT) from the People’s Republic of
China (China). The period of review
(POR) is January 1, 2022, through
December 31, 2022. Commerce
preliminarily finds that Hoa Phat Steel
Pipe Company Limited (Hoa Phat) had
no subject shipments of LWRPT and
that Hoa Phat will be eligible to
participate in the certification program
previously established with respect to
the CVD order on LWRPT from China.
We invite interested parties to comment
on these preliminary results.
DATES: Applicable September 13, 2024.
FOR FURTHER INFORMATION CONTACT:
Christopher Hargett, AD/CVD
Operations, Office II, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–4161.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On August 5, 2008, Commerce
published in the Federal Register the
CVD order on LWRPT from China.1 On
August 2, 2023, Commerce notified
interested parties of the opportunity to
request an administrative review of the
Order.2 On August 30, 2023, Hoa Phat
requested that Commerce conduct an
administrative review of its exports to
1 See Light-Walled Rectangular Pipe and Tube
from the People’s Republic of China: Countervailing
Duty Order, 73 FR 45405 (August 5, 2008) (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).
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Federal Register / Vol. 89, No. 178 / Friday, September 13, 2024 / Notices
khammond on DSKJM1Z7X2PROD with NOTICES
determine whether those exports are
covered by the CVD Order on LWPRT
from China.3 In its review request, Hoa
Phat further explained that it sought an
administrative review so that Commerce
would permit it to submit certifications
to U.S. Customs and Border Protection
(CBP) to properly declare the origin of
the hot-rolled steel (HRS) that it used to
produce the LWRPT it exported.4 On
August 31, 2023, GS Global USA, Inc.
(GS Global) requested that Commerce
conduct an administrative review of
Hoa Phat’s exports.5
Subsequently, we initiated an
administrative review of the Order with
respect to Hoa Phat.6
On November 9, 2023, we published
in the Federal Register the
Circumvention Final Determination, in
which we: (1) determined that certain
LWRPT exported from the Socialist
Republic of Vietnam (Vietnam) and
entered into the United States was
circumventing the Order and therefore
is now covered by the Order; and (2)
established a certification program to
allow eligible producers and exporters
of LWRPT exported from Vietnam to
certify that entries of LWRPT exported
from Vietnam are not subject to the
Order.7 We also indicated that we
would allow interested parties to
request reviews of LWRPT shipped from
Vietnam and suspended under the
Order that entered during the upcoming
anniversary month of the Order (i.e.,
August).8
Due to the common prerequisite
issues in the concurrent administrative
3 See Hoa Phat Letter, ‘‘Request for
Administrative Review,’’ dated August 30, 2023.
4 Id. As background, in Light-Walled Rectangular
Pipe and Tube From the People’s Republic of
China: Preliminary Affirmative Determination of
Circumvention of the Antidumping Duty and
Countervailing Duty Orders, 88 FR 21985–21986
(April 12, 2023) (Preliminary Circumvention
Determination), and accompanying Preliminary
Decision Memorandum (PDM) at 4–6, Commerce
preliminarily determined that Hoa Phat had failed
to cooperate in the circumvention proceeding and
applied facts available with adverse inferences to
determine that Hoa Phat was not eligible to
participate in the certification regime established in
the circumvention proceeding. In the final
determination, Commerce continued to find that
Hoa Phat was ineligible to participate in the
certification regime. See Light-Walled Rectangular
Pipe and Tube from the People’s Republic of China:
Final Affirmative Determination of Circumvention
of the Antidumping Duty and Countervailing Duty
Orders, 88 FR 77283 (November 9, 2023)
(Circumvention Final Determination), and
accompanying Issues and Decision Memorandum
(IDM) at Comment 3.
5 See GS Global Letter, ‘‘Request for
Administrative Review’’ dated August 31, 2023.
6 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
71829 (October 18, 2023) (Initiation Notice).
7 See Circumvention Final Determination, 88 FR
at 77284.
8 Id., 88 FR at 77285.
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reviews of the antidumping duty (AD)
and CVD orders, i.e., the origin of the
HRS used in Hoa Phat’s production and/
export of LWRPT and whether Hoa Phat
is eligible to certify that origin with
CBP, on March 11, 2024, Commerce
notified all interested parties of its
intent to address Hoa Phat’s certification
eligibility in the CVD administrative
review in the context of the concurrent
AD review of Hoa Phat and adopt the
AD findings in the CVD review.9
Commerce also instructed all interested
parties to file any future submissions
that related to this issue on the record
of both proceedings. Additionally,
regarding previously filed submissions
related to these issues that were only on
the record of the AD administrative
review, Commerce instructed all
interested parties who filed such
submissions to file those submissions
on the record of the CVD administrative
review.10
On April 12, 2024, Commerce
extended the deadline for these
preliminary results to August 30,
2024.11 On July 22, 2024, Commerce
tolled certain deadlines in this
administrative proceeding by seven
days.12 The deadline for the preliminary
results is now September 6, 2024.
Scope of the Order
The merchandise subject to this Order
is certain welded carbon quality lightwalled steel pipe and tube, of
rectangular (including square) cross
section, having a wall thickness of less
than 4 mm. The term carbon-quality
steel includes both carbon steel and
alloy steel which contains only small
amounts of alloying elements.
Specifically, the term carbon-quality
includes products in which none of the
elements listed below exceeds the
quantity by weight respectively
indicated: 1.80 percent of manganese, or
2.25 percent of silicon, or 1.00 percent
of copper, or 0.50 percent of aluminum,
or 1.25 percent of chromium, or 0.30
percent of cobalt, or 0.40 percent of
lead, or 1.25 percent of nickel, or 0.30
percent of tungsten, or 0.10 percent of
molybdenum, or 0.10 percent of
niobium, or 0.15 percent vanadium, or
0.15 percent of zirconium. The
description of carbon-quality is
9 See Memorandum, ‘‘Notification of Procedure
for Determining Certification Eligibility in
Administrative Reviews of the Antidumping and
Countervailing Duty Orders,’’ dated March 11, 2024
(Notification of Procedure Memorandum).
10 Id.
11 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Countervailing Duty
Administrative Review,’’ dated April 12, 2024.
12 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
PO 00000
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Sfmt 4703
74905
intended to identify carbon-quality
products within the scope. The welded
carbon-quality rectangular pipe and
tube subject to this Order is currently
classified under the Harmonized Tariff
Schedule of the United States (HTSUS)
subheadings 7306.61.50.00 and
7306.61.70.60. While HTSUS
subheadings are provided for
convenience and CBP’s customs
purposes, our written description of the
scope of the Order is dispositive.
Methodology
For the preliminary results of this
CVD review, Commerce is hereby
adopting the preliminary finding and
Preliminary Decision Memorandum
issued in the concurrent AD
administrative review only with respect
to Hoa Phat. For a full description of the
methodology underlying the results, see
the Preliminary Decision Memorandum
adopted by reference, in this CVD
review.13 Commerce preliminarily
found that Hoa Phat had no subject
shipments of LWRPT and is eligible to
participate in the previously established
certification program.14 The AD
Preliminary Decision Memorandum is a
public document and is made available
to the public via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete version of the AD Preliminary
Decision Memorandum is available at
https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Thus, if our preliminary finding in the
concurrent AD administrative review is
unchanged in the final results, we will
determine in the final results of this
CVD review that Hao Phat will be
eligible to participate in the certification
program previously established with
respect to the CVD Order on LWRPT
from China as of the publication date of
the final results.
Public Comment
Because Commerce intends to
conduct verification of the
questionnaire responses of Hoa Phat in
the concurrent AD review, the results of
which will be adopted in this CVD
review, interested parties will be
notified of the deadline for the
13 See unpublished Federal Register Notice
entitled, ‘‘Light-Walled Rectangular Pipe and Tube
from the People’s Republic of China: Preliminary
Results and Partial Rescission of Antidumping Duty
Administrative Review, and Preliminary
Determination of No Shipments; 2022–2023,’’ dated
concurrently with this notice, and accompanying
PDM.
14 Id.
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Federal Register / Vol. 89, No. 178 / Friday, September 13, 2024 / Notices
submission of case briefs at a later
date.15 The case briefs submitted in the
AD and CVD reviews must be identical,
and Commerce will consider all case
brief arguments in the concurrent AD
review. As noted above, Commerce
intends to adopt the final findings in the
concurrent AD proceeding in the final
results of this CVD administrative
review.
Assessment Rates
Upon issuance of the final results of
this review, Commerce will determine,
and CBP will assess, CVD duties on all
appropriate entries covered by this
review.16 We intend to instruct CBP to
liquidate entries of LWRPT exported by
Hoa Phat without regard to
countervailing duties if these
preliminary results are unchanged for
the final results.
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).
Cash Deposit Requirements
khammond on DSKJM1Z7X2PROD with NOTICES
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review 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 review, as
provided for by section 751(a)(2)(C) of
the Act: (1) for Hoa Phat, the cash
deposit rate will remain unchanged (i.e.,
255.07 percent),17 unless the company
satisfies the certification requirements
in the Final Circumvention
Determination; and (2) for all companies
not subject to this review, CBP will
continue to collect cash deposits of
estimated countervailing duties at the
all-others rate or the most recent
company-specific rate applicable to the
company, as appropriate. These deposit
requirements, when imposed, shall
remain in effect until further notice.
adopting the findings in the concurrent
AD review, within 120 days of
publication of these preliminary results
of review, pursuant to section
751(a)(3)(A) of the Act.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.221(b)(4).
Dated: September 6, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2024–20773 Filed 9–12–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–161]
2,4-Dichlorophenoxyacetic Acid From
the People’s Republic of China:
Preliminary Affirmative Countervailing
Duty Determination and Alignment of
Final Determination With Final
Antidumping Duty Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
The U.S. Department of
Commerce (Commerce) preliminarily
determines that countervailable
subsidies are being provided to
producers and exporters of 2,4dichlorophenoxyacetic acid (2,4-D) from
the People’s Republic of China (China).
The period of investigation (POI) is
January 1, 2023, through December 31,
2023. Interested parties are invited to
comment on this preliminary
determination.
SUMMARY:
DATES:
Applicable September 13, 2024.
FOR FURTHER INFORMATION CONTACT:
Claudia Cott or 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) 482–4270 or (202) 482–0410,
respectively.
Final Results of Review
SUPPLEMENTARY INFORMATION:
Unless otherwise extended,
Commerce intends to issue the final
results of this administrative review, by
Background
15 See 19 CFR 351.303 (for general filing
requirements).
16 See 19 CFR 351.212(b)(1).
17 See Final Circumvention Determination.
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17:53 Sep 12, 2024
Jkt 262001
This preliminary determination is
made in accordance with section 703(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this countervailing
duty (CVD) investigation on April 30,
PO 00000
Frm 00040
Fmt 4703
Sfmt 4703
2024.1 On June 10, 2024, Commerce
postponed the preliminary
determination until September 3, 2024.2
On July 22, 2024, Commerce tolled
certain deadlines in this administrative
proceeding by seven days.3 The
deadline for the preliminary
determination is now September 9,
2024.
For a complete description of events
that followed the initiation of this
investigation, see the Preliminary
Decision Memorandum.4 A list of topics
discussed in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://access.
trade.gov. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Scope of the Investigation
The product covered by this
investigation is 2,4-D from China. For a
complete description of the scope of this
investigation, see Appendix I.
Scope Comments
In accordance with the Preamble to
Commerce’s regulations,5 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope).6 Commerce issued
a supplemental questionnaire on June 4,
2024, requesting clarification regarding
two of the Harmonized Tariff Schedule
of the United States (HTSUS)
subheadings under which the subject
merchandise may also be classified.7 On
1 See 2,4-Dichlorophenoxyacetic Acid from the
People’s Republic of China and India: Initiation of
Countervailing Duty Investigations, 89 FR 34205
(April 30, 2024) (Initiation Notice).
2 See 2,4-Dichlorophenoxyacetic Acid from the
People’s Republic of China and India:
Postponement of Preliminary Determinations in the
Countervailing Duty Investigations, 89 FR 48891
(June 10, 2024).
3 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Affirmative Determination of the
Countervailing Duty Investigation of 2,4Dichlorophenoxyacetic Acid from the People’s
Republic of China,’’ dated concurrently with, and
hereby adopted by, this notice (Preliminary
Decision Memorandum).
5 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997)
(Preamble).
6 See Initiation Notice, 89 FR at 34206.
7 See Commerce’s Letter, ‘‘Scope Supplemental
Questions,’’ dated June 4, 2024.
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]]>Agencies
[Federal Register Volume 89, Number 178 (Friday, September 13, 2024)]
[Notices]
[Pages 74904-74906]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20773]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-915]
Light-Walled Rectangular Pipe and Tube From the People's Republic
of China: Preliminary Results and Preliminary Determination of No
Shipments; 2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S Department of Commerce (Commerce) is conducting the
administrative review of the countervailing duty (CVD) order on light-
walled rectangular pipe and tube (LWRPT) from the People's Republic of
China (China). The period of review (POR) is January 1, 2022, through
December 31, 2022. Commerce preliminarily finds that Hoa Phat Steel
Pipe Company Limited (Hoa Phat) had no subject shipments of LWRPT and
that Hoa Phat will be eligible to participate in the certification
program previously established with respect to the CVD order on LWRPT
from China. We invite interested parties to comment on these
preliminary results.
DATES: Applicable September 13, 2024.
FOR FURTHER INFORMATION CONTACT: Christopher Hargett, AD/CVD
Operations, Office II, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4161.
SUPPLEMENTARY INFORMATION:
Background
On August 5, 2008, Commerce published in the Federal Register the
CVD order on LWRPT from China.\1\ On August 2, 2023, Commerce notified
interested parties of the opportunity to request an administrative
review of the Order.\2\ On August 30, 2023, Hoa Phat requested that
Commerce conduct an administrative review of its exports to
[[Page 74905]]
determine whether those exports are covered by the CVD Order on LWPRT
from China.\3\ In its review request, Hoa Phat further explained that
it sought an administrative review so that Commerce would permit it to
submit certifications to U.S. Customs and Border Protection (CBP) to
properly declare the origin of the hot-rolled steel (HRS) that it used
to produce the LWRPT it exported.\4\ On August 31, 2023, GS Global USA,
Inc. (GS Global) requested that Commerce conduct an administrative
review of Hoa Phat's exports.\5\
---------------------------------------------------------------------------
\1\ See Light-Walled Rectangular Pipe and Tube from the People's
Republic of China: Countervailing Duty Order, 73 FR 45405 (August 5,
2008) (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 Hoa Phat Letter, ``Request for Administrative Review,''
dated August 30, 2023.
\4\ Id. As background, in Light-Walled Rectangular Pipe and Tube
From the People's Republic of China: Preliminary Affirmative
Determination of Circumvention of the Antidumping Duty and
Countervailing Duty Orders, 88 FR 21985-21986 (April 12, 2023)
(Preliminary Circumvention Determination), and accompanying
Preliminary Decision Memorandum (PDM) at 4-6, Commerce preliminarily
determined that Hoa Phat had failed to cooperate in the
circumvention proceeding and applied facts available with adverse
inferences to determine that Hoa Phat was not eligible to
participate in the certification regime established in the
circumvention proceeding. In the final determination, Commerce
continued to find that Hoa Phat was ineligible to participate in the
certification regime. See Light-Walled Rectangular Pipe and Tube
from the People's Republic of China: Final Affirmative Determination
of Circumvention of the Antidumping Duty and Countervailing Duty
Orders, 88 FR 77283 (November 9, 2023) (Circumvention Final
Determination), and accompanying Issues and Decision Memorandum
(IDM) at Comment 3.
\5\ See GS Global Letter, ``Request for Administrative Review''
dated August 31, 2023.
---------------------------------------------------------------------------
Subsequently, we initiated an administrative review of the Order
with respect to Hoa Phat.\6\
---------------------------------------------------------------------------
\6\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 71829 (October 18, 2023) (Initiation
Notice).
---------------------------------------------------------------------------
On November 9, 2023, we published in the Federal Register the
Circumvention Final Determination, in which we: (1) determined that
certain LWRPT exported from the Socialist Republic of Vietnam (Vietnam)
and entered into the United States was circumventing the Order and
therefore is now covered by the Order; and (2) established a
certification program to allow eligible producers and exporters of
LWRPT exported from Vietnam to certify that entries of LWRPT exported
from Vietnam are not subject to the Order.\7\ We also indicated that we
would allow interested parties to request reviews of LWRPT shipped from
Vietnam and suspended under the Order that entered during the upcoming
anniversary month of the Order (i.e., August).\8\
---------------------------------------------------------------------------
\7\ See Circumvention Final Determination, 88 FR at 77284.
\8\ Id., 88 FR at 77285.
---------------------------------------------------------------------------
Due to the common prerequisite issues in the concurrent
administrative reviews of the antidumping duty (AD) and CVD orders,
i.e., the origin of the HRS used in Hoa Phat's production and/export of
LWRPT and whether Hoa Phat is eligible to certify that origin with CBP,
on March 11, 2024, Commerce notified all interested parties of its
intent to address Hoa Phat's certification eligibility in the CVD
administrative review in the context of the concurrent AD review of Hoa
Phat and adopt the AD findings in the CVD review.\9\ Commerce also
instructed all interested parties to file any future submissions that
related to this issue on the record of both proceedings. Additionally,
regarding previously filed submissions related to these issues that
were only on the record of the AD administrative review, Commerce
instructed all interested parties who filed such submissions to file
those submissions on the record of the CVD administrative review.\10\
---------------------------------------------------------------------------
\9\ See Memorandum, ``Notification of Procedure for Determining
Certification Eligibility in Administrative Reviews of the
Antidumping and Countervailing Duty Orders,'' dated March 11, 2024
(Notification of Procedure Memorandum).
\10\ Id.
---------------------------------------------------------------------------
On April 12, 2024, Commerce extended the deadline for these
preliminary results to August 30, 2024.\11\ On July 22, 2024, Commerce
tolled certain deadlines in this administrative proceeding by seven
days.\12\ The deadline for the preliminary results is now September 6,
2024.
---------------------------------------------------------------------------
\11\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review,'' dated April
12, 2024.
\12\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
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Scope of the Order
The merchandise subject to this Order is certain welded carbon
quality light-walled steel pipe and tube, of rectangular (including
square) cross section, having a wall thickness of less than 4 mm. The
term carbon-quality steel includes both carbon steel and alloy steel
which contains only small amounts of alloying elements. Specifically,
the term carbon-quality includes products in which none of the elements
listed below exceeds the quantity by weight respectively indicated:
1.80 percent of manganese, or 2.25 percent of silicon, or 1.00 percent
of copper, or 0.50 percent of aluminum, or 1.25 percent of chromium, or
0.30 percent of cobalt, or 0.40 percent of lead, or 1.25 percent of
nickel, or 0.30 percent of tungsten, or 0.10 percent of molybdenum, or
0.10 percent of niobium, or 0.15 percent vanadium, or 0.15 percent of
zirconium. The description of carbon-quality is intended to identify
carbon-quality products within the scope. The welded carbon-quality
rectangular pipe and tube subject to this Order is currently classified
under the Harmonized Tariff Schedule of the United States (HTSUS)
subheadings 7306.61.50.00 and 7306.61.70.60. While HTSUS subheadings
are provided for convenience and CBP's customs purposes, our written
description of the scope of the Order is dispositive.
Methodology
For the preliminary results of this CVD review, Commerce is hereby
adopting the preliminary finding and Preliminary Decision Memorandum
issued in the concurrent AD administrative review only with respect to
Hoa Phat. For a full description of the methodology underlying the
results, see the Preliminary Decision Memorandum adopted by reference,
in this CVD review.\13\ Commerce preliminarily found that Hoa Phat had
no subject shipments of LWRPT and is eligible to participate in the
previously established certification program.\14\ The AD Preliminary
Decision Memorandum is a public document and is made available to the
public via Enforcement and Compliance's Antidumping and Countervailing
Duty Centralized Electronic Service System (ACCESS). ACCESS is
available to registered users at https://access.trade.gov. In addition,
a complete version of the AD Preliminary Decision Memorandum is
available at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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\13\ See unpublished Federal Register Notice entitled, ``Light-
Walled Rectangular Pipe and Tube from the People's Republic of
China: Preliminary Results and Partial Rescission of Antidumping
Duty Administrative Review, and Preliminary Determination of No
Shipments; 2022-2023,'' dated concurrently with this notice, and
accompanying PDM.
\14\ Id.
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Thus, if our preliminary finding in the concurrent AD
administrative review is unchanged in the final results, we will
determine in the final results of this CVD review that Hao Phat will be
eligible to participate in the certification program previously
established with respect to the CVD Order on LWRPT from China as of the
publication date of the final results.
Public Comment
Because Commerce intends to conduct verification of the
questionnaire responses of Hoa Phat in the concurrent AD review, the
results of which will be adopted in this CVD review, interested parties
will be notified of the deadline for the
[[Page 74906]]
submission of case briefs at a later date.\15\ The case briefs
submitted in the AD and CVD reviews must be identical, and Commerce
will consider all case brief arguments in the concurrent AD review. As
noted above, Commerce intends to adopt the final findings in the
concurrent AD proceeding in the final results of this CVD
administrative review.
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\15\ See 19 CFR 351.303 (for general filing requirements).
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Assessment Rates
Upon issuance of the final results of this review, Commerce will
determine, and CBP will assess, CVD duties on all appropriate entries
covered by this review.\16\ We intend to instruct CBP to liquidate
entries of LWRPT exported by Hoa Phat without regard to countervailing
duties if these preliminary results are unchanged for the final
results.
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\16\ See 19 CFR 351.212(b)(1).
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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).
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review 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 review, as provided for by section 751(a)(2)(C) of the
Act: (1) for Hoa Phat, the cash deposit rate will remain unchanged
(i.e., 255.07 percent),\17\ unless the company satisfies the
certification requirements in the Final Circumvention Determination;
and (2) for all companies not subject to this review, CBP will continue
to collect cash deposits of estimated countervailing duties at the all-
others rate or the most recent company-specific rate applicable to the
company, as appropriate. These deposit requirements, when imposed,
shall remain in effect until further notice.
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\17\ See Final Circumvention Determination.
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Final Results of Review
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, by adopting the findings in the
concurrent AD review, within 120 days of publication of these
preliminary results of review, pursuant to section 751(a)(3)(A) of the
Act.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4).
Dated: September 6, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2024-20773 Filed 9-12-24; 8:45 am]
BILLING CODE 3510-DS-P
