Circular Welded Carbon-Quality Steel Pipe From the People's Republic of China: Continuation of Antidumping and Countervailing Duty Orders, 107107-107108 [2024-31411]

Download as PDF Federal Register / Vol. 89, No. 250 / Tuesday, December 31, 2024 / Notices relying on partial neutral facts available to fill in the missing FOP information.4 Commerce also modified its calculation for certain invoices regarding section 301 duties.5 On December 18, 2024, the CIT sustained Commerce’s Final Redetermination.6 Timken Notice In its decision in Timken,7 as clarified by Diamond Sawblades,8 the U.S. Court of Appeals for the Federal Circuit held that, pursuant to sections 516A(c) and (e) of the Tariff Act of 1930, as amended (the Act), Commerce must publish a notice of court decision that is not ‘‘in harmony’’ with a Commerce determination and suspend liquidation of entries pending a ‘‘conclusive’’ court decision. The CIT’s December 18, 2024, judgment constitutes a final decision of the CIT that is not in harmony with Commerce’s Final Results. Thus, this notice is published in fulfillment of the publication requirements of Timken. Amended Final Results Because there is now a final court judgment, Commerce is amending its Final Results with respect to Tainai and the margin for non-selected companies as follows: Producer/exporter Shanghai Tainai Bearing Co., Ltd ............................. Hebei Xintai Bearing Forging Co., Ltd ............................. Xinchang Newsun Xintianlong Precision Bearing Manufacturing Co., Ltd Weightedaverage dumping margin (percent) khammond on DSK9W7S144PROD with NOTICES Notification to Interested Parties This notice is issued and published in accordance with sections 516A(c) and (e), and 777(i)(1) of the Act. Dated: December 23, 2024. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. [FR Doc. 2024–31412 Filed 12–30–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE 76.58 International Trade Administration [A–570–910, C–570–911] 76.58 4 See Final Results of Redetermination Pursuant to Court Remand, Shanghai Tainai Bearing Co., Ltd., et al. v. United States, Court No. 22–00038, Slip Op. 22–74, dated January 11, 2024 (Final Redetermination), at 3–4. 5 Id. at 4. 6 See Shanghai Tainai Bearing Co., Ltd., et al. v. United States, Slip Op. 24–142 (CIT December 18, 2024). 7 See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken). 8 See Diamond Sawblades Mfrs. Coal. v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). 18:31 Dec 30, 2024 Liquidation of Suspended Entries At this time, Commerce remains enjoined by CIT order from liquidating entries that: were exported by Tainai, Xintai, or Xintianlong, and were entered, or withdrawn from warehouse, for consumption during the period June 1, 2019, through May 31, 2020. These entries will remain enjoined pursuant to the terms of the injunction during the pendency of any appeals process. In the event the CIT’s ruling is not appealed, or, if appealed, upheld by a final and conclusive court decision, Commerce intends to instruct CBP to assess antidumping duties on unliquidated entries of subject merchandise exported by Tainai, Xintai, or Xintianlong, in accordance with 19 CFR 351.212(b), at the rates identified above. 76.58 Cash Deposit Requirements Because Tainai has a superseding cash deposit rate, i.e., there have been final results published in a subsequent administrative review, we will not issue revised cash deposit instructions to U.S. Customs and Border Protection (CBP). This notice will not affect the current cash deposit rate. With respect to all the non-selected companies that do not have a VerDate Sep<11>2014 superseding cash deposit rate, Commerce will issue revised cash deposit instructions to CBP. Jkt 265001 Circular Welded Carbon-Quality Steel Pipe From the People’s Republic of China: Continuation of Antidumping and Countervailing Duty Orders Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of the determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC) that revocation of the antidumping duty (AD) and countervailing duty (CVD) orders on circular welded carbonquality steel pipe (CWP) from the People’s Republic of China (China) would likely lead to continuation or recurrence of dumping, countervailable subsidies, and material injury to an industry in the United States, Commerce is publishing this notice of continuation of these AD and CVD orders. AGENCY: DATES: PO 00000 Applicable December 17, 2024. Frm 00004 Fmt 4703 Sfmt 4703 107107 FOR FURTHER INFORMATION CONTACT: Howard Smith, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–5193. SUPPLEMENTARY INFORMATION: Background On July 22, 2008, Commerce published in the Federal Register the AD and CVD orders on CWP from China.1 On May 1, 2024, the ITC instituted,2 and Commerce initiated,3 the third sunset review of the Orders, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act). As a result of its review, Commerce determined that revocation of the CVD Order would likely lead to the continuation or recurrence of countervailable subsidies and notified the ITC of the magnitude of the subsidy rates likely to prevail were the order revoked,4 and Commerce determined that revocation of the AD Order would likely lead to continuation or recurrence of dumping, and therefore, notified the ITC of the magnitude of the margins of dumping rates likely to prevail should the Order be revoked.5 On December 17, 2024, the ITC published its determination, pursuant to sections 751(c) and 752(a) of the Act, that revocation of the Orders would likely lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.6 Scope of the Orders The merchandise subject of these Orders are certain welded carbon quality steel pipes and tubes. See the 1 See Circular Welded Carbon Quality Steel Pipe from the People’s Republic of China: Notice of Amended Final Affirmative Countervailing Duty Determination and Notice of Countervailing Duty Order, 73 FR 42545 (July 22, 2008) (CVD Order); Notice of Antidumping Duty Order: Circular Welded Carbon Quality Steel Pipe from the People’s Republic of China, 73 FR 42547 (July 22, 2008) (AD Order) (collectively, Orders). 2 See Circular Welded Carbon-Quality Steel Pipe from China; Institution of Five-Year Review, 89 FR 35244 (May 1, 2024). 3 See Initiation of Five-Year (Sunset) Reviews, 89 FR 35073 (May 1, 2024). 4 See Circular Welded Carbon Quality Steel Pipe from the People’s Republic of China: Final Results of the Expedited Third Sunset Review of the Countervailing Duty Order, 89 FR 73064 (September 9, 2024), and accompanying Issues and Decision Memorandum (IDM). 5 See Circular Welded Carbon-Quality Steel Pipe from the People’s Republic of China: Final Results of the Expedited Third Sunset Review of the Antidumping Duty Order, 89 FR 73632 (September 11, 2024), and accompanying IDM. 6 See Circular Welded Carbon-Quality Steel Pipe from China Determination, 89 FR 102163 (December 17, 2024) (ITC Final Determination). E:\FR\FM\31DEN1.SGM 31DEN1 107108 Federal Register / Vol. 89, No. 250 / Tuesday, December 31, 2024 / Notices appendix to this notice for the full scope of the Orders. Continuation of the Orders on CWP From China As a result of the determinations by Commerce and the ITC that revocation of the Orders would likely lead to continuation or recurrence of dumping, countervailable subsidies, and material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act and 19 CFR 351.218(a), Commerce hereby orders the continuation of the Orders. U.S. Customs and Border Protection will continue to collect AD and CVD cash deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of the continuation of the Orders will be December 17, 2024.7 Pursuant to section 751(c)(2) of the Act and 19 CFR 351.218(c)(2), Commerce intends to initiate the next sunset review of the Orders not later than 30 days prior to the fifth anniversary of the effective date of this continuation. Administrative Protective Order (APO) This notice also serves as the only reminder to parties subject to an APO of their responsibility concerning the return, destruction, or conversion to judicial protective order of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with this request is a violation of the APO which may be subject to sanctions. Notification to Interested Parties These sunset reviews and notice are in accordance with sections 751(c) and 751(d)(2) of the Act and this notice is published pursuant to section 777(i)(1) of the Act and 19 CFR 351.218(f)(4). Dated: December 23, 2024. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. khammond on DSK9W7S144PROD with NOTICES Appendix The merchandise subject of these Orders are certain welded carbon quality steel pipes and tubes, of circular cross-section, and with an outside diameter of 0.372 inches (9.45 mm) or more, but not more than 16 inches (406.4 mm), whether or not stenciled, regardless of wall thickness, surface finish (e.g., black, galvanized, or painted), end finish (e.g., plain end, beveled end, grooved, threaded, or threaded and coupled), or industry specification (e.g., ASTM, proprietary, or other), generally known as standard pipe and structural pipe (they may also be referred to as circular, structural, or mechanical tubing). Specifically, the term ‘‘carbon quality’’ includes products in which (a) iron predominates, by weight, over each of the other contained elements; (b) the carbon content is 2 percent or less, by weight; and (c) none of the elements listed below exceeds the quantity, by weight, as indicated: (i) 1.80 percent of manganese; (ii) 2.25 percent of silicon; (iii) 1.00 percent of copper; (iv) 0.50 percent of aluminum; (v) 1.25 percent of chromium; (vi) 0.30 percent of cobalt; (vii) 0.40 percent of lead; (viii) 1.25 percent of nickel; (ix) 0.30 percent of tungsten; (x) 0.15 percent of molybdenum; (xi) 0.10 percent of niobium; (xii) 0.41 percent of titanium; (xiii) 0.15 percent of vanadium; or (xiv) 0.15 percent of zirconium. Standard pipe is made primarily to American Society for Testing and Materials (ASTM) specifications but can be made to other specifications. Standard pipe is made primarily to ASTM specifications A–53, A– 135, and A–795. Structural pipe is made primarily to ASTM specifications A–252 and A–500. Standard and structural pipe may also be produced to proprietary specifications rather than to industry specifications. This is often the case, for example, with fence tubing. Pipe multiple stenciled to a standard and/or structural specification and to any other specification, such as the American Petroleum Institute (API) API–5L specification, is also covered by the scope of the Orders when it meets the physical description set forth above and also has one or more of the following characteristics: is 32 feet in length or less; is less than 2.0 inches (50 mm) in outside diameter; has a galvanized and/or painted surface finish; or has a threaded and/or coupled end finish. (The term ‘‘painted’’ does not include coatings to inhibit rust in transit, such as varnish, but includes coatings such as polyester.) The scope of these Orders does not include: (a) pipe suitable for use in boilers, superheaters, heat exchangers, condensers, refining furnaces and feedwater heaters, whether or not cold drawn; (b) mechanical tubing, whether or not cold-drawn; (c) finished electrical conduit; (d) finished scaffolding; (e) tube and pipe hollows for redrawing; (f) oil country tubular goods produced to API specifications; and (g) line pipe produced to only API specifications. The pipe products that are the subject of these Orders are currently classifiable in Harmonized Tariff Schedule of the United States (HTSUS) statistical reporting numbers 7306.30.10.00, 7306.30.50.25, 7306.30.50.32, 7306.30.50.40,7306.30.50.55, 7306.30.50.85, 7306.30.50.90, 7306.50.10.00, 7306.50.50.50, 7306.50.50.70,7306.19.10.10, 7306.19.10.50, 7306.19.51.10, and 7306.19.51.50. However, the product description, and not the HTSUS classification, is dispositive of whether merchandise imported into the United States falls within the scope of the Orders. [FR Doc. 2024–31411 Filed 12–30–24; 8:45 am] 7 See ITC Final Determination. VerDate Sep<11>2014 18:31 Dec 30, 2024 BILLING CODE 3510–DS–P Jkt 265001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE International Trade Administration Notice of Opportunity To Request Administrative Review; Correction Enforcement and Compliance, International Trade Administration, Department of Commerce. ACTION: Notice; correction. AGENCY: The U.S. Department of Commerce (Commerce) published a notice of opportunity to request administrative reviews of orders, findings, or suspended investigations with November anniversary dates in the Federal Register of November 1, 2024. Commerce inadvertently omitted the antidumping duty order on Certain Cutto-Length Carbon Steel Plate (A–570– 849) from the People’s Republic of China, and the period of review for that order of 11/1/2023–10/31/2024 from that notice. FOR FURTHER INFORMATION CONTACT: Brenda E. Brown, Office of AD/CVD Operations, Customs Liaison Unit, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, telephone: (202) 482–4735. SUPPLEMENTARY INFORMATION: SUMMARY: Background On November 1, 2024, Commerce published in the Federal Register the November Opportunity Notice.1 In that notice, Commerce inadvertently omitted the antidumping duty order on Certain Cut-to-Length Carbon Steel Plate (A– 570–849) from the People’s Republic of China, and the period of review for that order of 11/1/2023–10/31/2024 from that notice. Correction In the Federal Register of November 1, 2024, in FR Doc 2024–87338, on page 87339, correct the table under ‘‘Antidumping Duty Proceedings’’ for ‘‘The People’s Republic of China,’’ to add the antidumping duty order on Certain Cut-to-Length Carbon Steel Plate (A–570–849) from the People’s Republic of China, and the period of review for that order of 11/1/2023–10/31/2024.2 We are hereby notifying interested parties that not later than 30 days after the date of publication of this correction notice, they may request an 1 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 89 FR 87338 (November 1, 2024) (November Opportunity Notice). 2 Id. E:\FR\FM\31DEN1.SGM 31DEN1

Agencies

[Federal Register Volume 89, Number 250 (Tuesday, December 31, 2024)]
[Notices]
[Pages 107107-107108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-31411]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-910, C-570-911]


Circular Welded Carbon-Quality Steel Pipe From the People's 
Republic of China: Continuation of Antidumping and Countervailing Duty 
Orders

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: As a result of the determinations by the U.S. Department of 
Commerce (Commerce) and the U.S. International Trade Commission (ITC) 
that revocation of the antidumping duty (AD) and countervailing duty 
(CVD) orders on circular welded carbon-quality steel pipe (CWP) from 
the People's Republic of China (China) would likely lead to 
continuation or recurrence of dumping, countervailable subsidies, and 
material injury to an industry in the United States, Commerce is 
publishing this notice of continuation of these AD and CVD orders.

DATES: Applicable December 17, 2024.

FOR FURTHER INFORMATION CONTACT: Howard Smith, AD/CVD Operations, 
Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-5193.

SUPPLEMENTARY INFORMATION:

Background

    On July 22, 2008, Commerce published in the Federal Register the AD 
and CVD orders on CWP from China.\1\ On May 1, 2024, the ITC 
instituted,\2\ and Commerce initiated,\3\ the third sunset review of 
the Orders, pursuant to section 751(c) of the Tariff Act of 1930, as 
amended (the Act). As a result of its review, Commerce determined that 
revocation of the CVD Order would likely lead to the continuation or 
recurrence of countervailable subsidies and notified the ITC of the 
magnitude of the subsidy rates likely to prevail were the order 
revoked,\4\ and Commerce determined that revocation of the AD Order 
would likely lead to continuation or recurrence of dumping, and 
therefore, notified the ITC of the magnitude of the margins of dumping 
rates likely to prevail should the Order be revoked.\5\
---------------------------------------------------------------------------

    \1\ See Circular Welded Carbon Quality Steel Pipe from the 
People's Republic of China: Notice of Amended Final Affirmative 
Countervailing Duty Determination and Notice of Countervailing Duty 
Order, 73 FR 42545 (July 22, 2008) (CVD Order); Notice of 
Antidumping Duty Order: Circular Welded Carbon Quality Steel Pipe 
from the People's Republic of China, 73 FR 42547 (July 22, 2008) (AD 
Order) (collectively, Orders).
    \2\ See Circular Welded Carbon-Quality Steel Pipe from China; 
Institution of Five-Year Review, 89 FR 35244 (May 1, 2024).
    \3\ See Initiation of Five-Year (Sunset) Reviews, 89 FR 35073 
(May 1, 2024).
    \4\ See Circular Welded Carbon Quality Steel Pipe from the 
People's Republic of China: Final Results of the Expedited Third 
Sunset Review of the Countervailing Duty Order, 89 FR 73064 
(September 9, 2024), and accompanying Issues and Decision Memorandum 
(IDM).
    \5\ See Circular Welded Carbon-Quality Steel Pipe from the 
People's Republic of China: Final Results of the Expedited Third 
Sunset Review of the Antidumping Duty Order, 89 FR 73632 (September 
11, 2024), and accompanying IDM.
---------------------------------------------------------------------------

    On December 17, 2024, the ITC published its determination, pursuant 
to sections 751(c) and 752(a) of the Act, that revocation of the Orders 
would likely lead to continuation or recurrence of material injury to 
an industry in the United States within a reasonably foreseeable 
time.\6\
---------------------------------------------------------------------------

    \6\ See Circular Welded Carbon-Quality Steel Pipe from China 
Determination, 89 FR 102163 (December 17, 2024) (ITC Final 
Determination).
---------------------------------------------------------------------------

Scope of the Orders

    The merchandise subject of these Orders are certain welded carbon 
quality steel pipes and tubes. See the

[[Page 107108]]

appendix to this notice for the full scope of the Orders.

Continuation of the Orders on CWP From China

    As a result of the determinations by Commerce and the ITC that 
revocation of the Orders would likely lead to continuation or 
recurrence of dumping, countervailable subsidies, and material injury 
to an industry in the United States, pursuant to section 751(d)(2) of 
the Act and 19 CFR 351.218(a), Commerce hereby orders the continuation 
of the Orders. U.S. Customs and Border Protection will continue to 
collect AD and CVD cash deposits at the rates in effect at the time of 
entry for all imports of subject merchandise. The effective date of the 
continuation of the Orders will be December 17, 2024.\7\ Pursuant to 
section 751(c)(2) of the Act and 19 CFR 351.218(c)(2), Commerce intends 
to initiate the next sunset review of the Orders not later than 30 days 
prior to the fifth anniversary of the effective date of this 
continuation.
---------------------------------------------------------------------------

    \7\ See ITC Final Determination.
---------------------------------------------------------------------------

Administrative Protective Order (APO)

    This notice also serves as the only reminder to parties subject to 
an APO of their responsibility concerning the return, destruction, or 
conversion to judicial protective order of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely 
written notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with this request is a violation of the APO which may be subject 
to sanctions.

Notification to Interested Parties

    These sunset reviews and notice are in accordance with sections 
751(c) and 751(d)(2) of the Act and this notice is published pursuant 
to section 777(i)(1) of the Act and 19 CFR 351.218(f)(4).

    Dated: December 23, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

    The merchandise subject of these Orders are certain welded 
carbon quality steel pipes and tubes, of circular cross-section, and 
with an outside diameter of 0.372 inches (9.45 mm) or more, but not 
more than 16 inches (406.4 mm), whether or not stenciled, regardless 
of wall thickness, surface finish (e.g., black, galvanized, or 
painted), end finish (e.g., plain end, beveled end, grooved, 
threaded, or threaded and coupled), or industry specification (e.g., 
ASTM, proprietary, or other), generally known as standard pipe and 
structural pipe (they may also be referred to as circular, 
structural, or mechanical tubing).
    Specifically, the term ``carbon quality'' includes products in 
which (a) iron predominates, by weight, over each of the other 
contained elements; (b) the carbon content is 2 percent or less, by 
weight; and (c) none of the elements listed below exceeds the 
quantity, by weight, as indicated: (i) 1.80 percent of manganese; 
(ii) 2.25 percent of silicon; (iii) 1.00 percent of copper; (iv) 
0.50 percent of aluminum; (v) 1.25 percent of chromium; (vi) 0.30 
percent of cobalt; (vii) 0.40 percent of lead; (viii) 1.25 percent 
of nickel; (ix) 0.30 percent of tungsten; (x) 0.15 percent of 
molybdenum; (xi) 0.10 percent of niobium; (xii) 0.41 percent of 
titanium; (xiii) 0.15 percent of vanadium; or (xiv) 0.15 percent of 
zirconium.
    Standard pipe is made primarily to American Society for Testing 
and Materials (ASTM) specifications but can be made to other 
specifications. Standard pipe is made primarily to ASTM 
specifications A-53, A-135, and A-795. Structural pipe is made 
primarily to ASTM specifications A-252 and A-500. Standard and 
structural pipe may also be produced to proprietary specifications 
rather than to industry specifications. This is often the case, for 
example, with fence tubing. Pipe multiple stenciled to a standard 
and/or structural specification and to any other specification, such 
as the American Petroleum Institute (API) API-5L specification, is 
also covered by the scope of the Orders when it meets the physical 
description set forth above and also has one or more of the 
following characteristics: is 32 feet in length or less; is less 
than 2.0 inches (50 mm) in outside diameter; has a galvanized and/or 
painted surface finish; or has a threaded and/or coupled end finish. 
(The term ``painted'' does not include coatings to inhibit rust in 
transit, such as varnish, but includes coatings such as polyester.)
    The scope of these Orders does not include: (a) pipe suitable 
for use in boilers, superheaters, heat exchangers, condensers, 
refining furnaces and feedwater heaters, whether or not cold drawn; 
(b) mechanical tubing, whether or not cold-drawn; (c) finished 
electrical conduit; (d) finished scaffolding; (e) tube and pipe 
hollows for redrawing; (f) oil country tubular goods produced to API 
specifications; and (g) line pipe produced to only API 
specifications.
    The pipe products that are the subject of these Orders are 
currently classifiable in Harmonized Tariff Schedule of the United 
States (HTSUS) statistical reporting numbers 7306.30.10.00, 
7306.30.50.25, 7306.30.50.32, 7306.30.50.40,7306.30.50.55, 
7306.30.50.85, 7306.30.50.90, 7306.50.10.00, 7306.50.50.50, 
7306.50.50.70,7306.19.10.10, 7306.19.10.50, 7306.19.51.10, and 
7306.19.51.50. However, the product description, and not the HTSUS 
classification, is dispositive of whether merchandise imported into 
the United States falls within the scope of the Orders.

[FR Doc. 2024-31411 Filed 12-30-24; 8:45 am]
BILLING CODE 3510-DS-P

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