82 FR 22805 - Certain Circular Welded Carbon Steel Pipes and Tubes From Taiwan: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2015-2016

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 95 (May 18, 2017)

The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on certain circular welded carbon steel pipes and tubes from Taiwan. The period of review (POR) is May 1, 2015, through April 30, 2016. This review covers Shin Yang Steel Co., Ltd. (Shin Yang) and Yieh Hsing Enterprise Co., Ltd. (Yieh Hsing). The Department preliminarily determines that Shin Yang made U.S. sales of subject merchandise below normal value. In addition, the Department preliminarily finds that Yieh Hsing had no reviewable shipments during the POR. The preliminary results are listed below in the section titled ``Preliminary Results of Review.''

[Federal Register Volume 82, Number 95 (Thursday, May 18, 2017)]
[Notices]
[Pages 22805-22807]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-10058]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-008]


Certain Circular Welded Carbon Steel Pipes and Tubes From Taiwan: 
Preliminary Results of Antidumping Duty Administrative Review and 
Preliminary Determination of No Shipments; 2015-2016

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

[[Page 22806]]

SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the antidumping duty order on certain circular 
welded carbon steel pipes and tubes from Taiwan. The period of review 
(POR) is May 1, 2015, through April 30, 2016. This review covers Shin 
Yang Steel Co., Ltd. (Shin Yang) and Yieh Hsing Enterprise Co., Ltd. 
(Yieh Hsing). The Department preliminarily determines that Shin Yang 
made U.S. sales of subject merchandise below normal value. In addition, 
the Department preliminarily finds that Yieh Hsing had no reviewable 
shipments during the POR. The preliminary results are listed below in 
the section titled ``Preliminary Results of Review.''

DATES: Effective May 18, 2017.

FOR FURTHER INFORMATION CONTACT: Scott Hoefke or Erin Kearney, AD/CVD 
Operations, Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington DC 20230; telephone: (202) 482-4947 or (202) 482-0167, 
respectively.

SUPPLEMENTARY INFORMATION:

Scope of the Order

    The merchandise subject to the order is certain circular welded 
carbon steel pipes and tubes from Taiwan. The product is currently 
classified under the Harmonized Tariff Schedule of the United States 
(HTSUS) item numbers 7306.30.5025, 7306.30.5032, 7306.30.5040, and 
7306.30.5055. Although the HTSUS numbers are provided for convenience 
and customs purposes, the written product description remains 
dispositive.\1\
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    \1\ The complete description of the scope of the order appears 
in the memorandum from Gary Taverman, Associate Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and 
Compliance, ``Decision Memorandum for Preliminary Results of 
Antidumping Duty Administrative Review: Certain Circular Welded 
Carbon Steel Pipes and Tubes from Taiwan; 2015-2016'' (dated 
concurrently with this notice) (Preliminary Decision Memorandum), 
which is hereby adopted by this notice.
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Methodology

    The Department has conducted this review in accordance with section 
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act). 
Export price is calculated in accordance with section 772 of the Act. 
Normal value (NV) is calculated in accordance with section 773 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 http://access.trade.gov and is available to all 
parties in the Central Records Unit, Room B-8024 of the main Department 
of Commerce building. In addition, a complete version of the 
Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed Preliminary Decision 
Memorandum and the electronic version of the Preliminary Decision 
Memorandum are identical in content. A list of the topics discussed in 
the Preliminary Decision Memorandum is attached as the Appendix to this 
notice.

Preliminary Determination of No Shipments

    On July 22, 2016, Yieh Hsing reported that it made no shipments of 
subject merchandise to the United States during the POR.\2\ To confirm 
Yieh Hsing's no shipment claim, the Department issued a no-shipment 
inquiry to CBP requesting that it review Yieh Hsing's no-shipment 
claim.\3\ CBP did not report that it had any information to contradict 
Yieh Hsing's claim of no shipments during the POR.
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    \2\ See Letter to the Department from Yieh Hsing entitled 
``Certain Circular Welded Carbon Steel Pipes and Tubes from Taiwan; 
No Shipment Certification,'' dated July 22, 2016.
    \3\ See No Shipments Inquiry for Certain Circular Welded Carbon 
Steel Pipes and Tubes from Taiwan Produced and/or Exported by Yieh 
Hsing (A-583-008-003), message number 6363307 (December 28, 2016).
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    Given that Yieh Hsing certified that it made no shipments of 
subject merchandise to the United States during the POR and there is no 
information calling its claim into question, we preliminarily determine 
that Yieh Hsing did not have any reviewable transactions during the 
POR. Consistent with the Department's practice, we will not rescind the 
review with respect to Yieh Hsing but, rather, will complete the review 
and issue instructions to CBP based on the final results.\4\
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    \4\ See, e.g., Certain Frozen Warmwater Shrimp from Thailand; 
Preliminary Results of Antidumping Duty Administrative Review, 
Partial Rescission of Review, Preliminary Determination of No 
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged 
in Certain Frozen Warmwater Shrimp from Thailand: Final Results of 
Antidumping Duty Administrative Review, Final Determination of No 
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR at 
51306 (August 28, 2014)
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Preliminary Results of the Review

    As a result of this review, we preliminarily determine that a 
weighted-average dumping margin exists:

------------------------------------------------------------------------
                                                          Dumping margin
                    Producer/Exporter                        (percent)
------------------------------------------------------------------------
Shin Yang...............................................            1.78
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Disclosure and Public Comment

    The Department intends to disclose to interested parties the 
calculations performed in connection with these preliminary results 
within five days of the date of publication of this notice.\5\ 
Interested parties may submit cases briefs no later than 30 days after 
the date of publication of this notice.\6\ Rebuttal briefs, limited to 
issues raised in the case briefs, may be filed not later than five days 
after the due date for filing case briefs.\7\ Parties who submit case 
briefs or rebuttal briefs in this proceeding are encouraged to submit 
with each argument: (1) A statement of the issue; (2) a brief summary 
of the argument; and (3) a table of authorities.\8\ Case and rebuttal 
briefs should be filed using ACCESS.\9\ In order to be properly filed, 
ACCESS must successfully receive an electronically-filed document in 
its entirety by 5 p.m. Eastern Time.
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    \5\ See 19 CFR 351.224(b).
    \6\ See 19 CFR 351.309(c)(1)(ii).
    \7\ See 19 CFR 351.309(d).
    \8\ See 19 CFR 351.309(c)(2) and (d)(2).
    \9\ See 19 CFR 351.303.
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    Pursuant to 19 CFR 351.310(c), 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, within 30 days after the date of publication of this 
notice.\10\ Requests should contain: (1) The party's name, address, and 
telephone number; (2) the number of participants; and (3) a list of 
issues to be discussed. Issues raised in the hearing will be limited to 
those raised in the respective case and rebuttal briefs.
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    \10\ See 19 CFR 351.310(c).
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    Unless otherwise extended, the Department intends to issue the 
final results of this administrative review, including the results of 
its analysis of the issues raised in any written briefs, not later than 
120 days after the date of publication of this notice, pursuant to 
section 751(a)(3)(A) of the Act.

Assessment Rates

    Upon completion of the administrative review, the Department shall 
determine, and CBP shall assess,

[[Page 22807]]

antidumping duties on all appropriate entries in accordance with 19 CFR 
351.212(b)(1). We intend to issue instructions to CBP 15 days after the 
date of publication of the final results of this review.
    If the weighted-average dumping margin for Shin Yang is not zero or 
de minimis in the final results, then the Department will calculate 
importer-specific assessment rates. Because Shin Yang did not report 
the entered value of its sales, we will calculate importer-specific 
per-unit duty assessment rates by aggregating the total amount of 
dumping calculated for the examined sales of each importer and dividing 
each of these amounts by the total quantity (i.e., weight) associated 
with those sales. To determine whether the importer-specific per-unit 
assessment rates are de minimis, in accordance with the requirement set 
forth in 19 CFR 351.106(c)(2), we will calculate importer-specific ad 
valorem rates based on estimated entered values. Pursuant to 19 CFR 
351.106(c)(2), we will instruct CBP to liquidate without regard to 
antidumping duties all entries for which the importer-specific ad 
valorem rate is zero or de minimis.
    With respect to Yieh Hsing, if we continue to find that Yieh Hsing 
had no shipments of subject merchandise in the final results, we will 
instruct CBP to liquidate any existing entries of merchandise produced 
by Yieh Hsing, but exported by other parties, at the rate for the 
intermediate reseller, if available, or at the all-others rate.\11\
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    \11\ See, e.g., Magnesium Metal from the Russian Federation: 
Preliminary Results of Antidumping Duty Administrative Review, 75 FR 
26922, 26923 (May 13, 2010), unchanged in Magnesium Metal from the 
Russian Federation: Final Results of Antidumping Duty Administrative 
Review, 75 FR 56989 (September 17, 2010).
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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) The cash deposit rate for Shin Yang will 
be equal to the weighted-average dumping margin established in the 
final results of this review, except if the rate is zero or de minimis 
within the meaning of 19 CFR 351.106(c)(1), in which case the cash 
deposit rate will be zero; (2) for other manufacturers and exporters 
covered in a prior segment of the proceeding, the cash deposit rate 
will continue to be the company-specific rate published for the most 
recently completed segment of this proceeding in which that 
manufacturer or exporter participated; (3) if the exporter is not a 
firm covered in this review, a prior review, or the original less-than-
fair-value (LTFV) investigation, but the manufacturer is, then the cash 
deposit rate will be the rate established for the most recently 
completed segment of this proceeding for the manufacturer of subject 
merchandise; and (4) the cash deposit rate for all other manufacturers 
or exporters will continue to be 9.70 percent, the all-others rate in 
the LTFV investigation.\12\ These cash deposit requirements, when 
imposed, shall remain in effect until further notice.
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    \12\ See Certain Circular Welded Carbon Steel Pipes and Tubes 
from Taiwan: Antidumping Duty Order, 49 FR 19369 (May 7, 1984).
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Notifications

    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 duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: May 10, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

    1. Summary
    2. Background
    3. Scope of the Order
    4. Preliminary Determination of No Shipments
    5. Comparisons to Normal Value
    6. Product Comparisons
    7. Date of Sale
    8. Export Price
    9. Normal Value
    10. Currency Conversion
    11. Recommendation

[FR Doc. 2017-10058 Filed 5-17-17; 8:45 am]
 BILLING CODE 3510-DS-P