82 FR 55093 - Certain Circular Welded Carbon Steel Pipes and Tubes From Taiwan: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2015-2016
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 222 (November 20, 2017)
International Trade Administration
Federal Register Volume 82, Issue 222 (November 20, 2017)
| Page Range | 55093-55094 | |
| FR Document | 2017-25087 |
[Federal Register Volume 82, Number 222 (Monday, November 20, 2017)] [Notices] [Pages 55093-55094] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-25087] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-583-008] Certain Circular Welded Carbon Steel Pipes and Tubes From Taiwan: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2015-2016 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On May 18, 2017, the Department of Commerce (the Department) published the preliminary results of the 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). Based on our analysis of the comments received, we have made certain changes in the margin calculations. The final weighted-average dumping margins for the reviewed firms are listed below in the section entitled, ``Final Results of the Review.'' DATES: Applicable November 20, 2017. FOR FURTHER INFORMATION CONTACT: Scott Hoefke, 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. SUPPLEMENTARY INFORMATION: Background On May 18, 2017, the Department published the Preliminary Results of this review in the Federal Register.\1\ We invited parties to comment on the Preliminary Results. On June 19, 2017, we received a case brief from Wheatland Tube Group (the petitioner).\2\ On June 26, 2017, we received a rebuttal brief from Shin Yang.\3\ The Department conducted this review in accordance with section 751(a)(2) of the Tariff Act of 1930, as amended (the Act). --------------------------------------------------------------------------- \1\ See 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, 82 FR 22805 (May 18, 2017) (Preliminary Results), and accompanying Memorandum, ``Decision Memorandum for Preliminary Results of Antidumping Duty Administrative Review: Certain Circular Welded Carbon Steel Pipes and Tubes from Taiwan; 2015-2016,'' dated May 10, 2017 (Preliminary Decision Memorandum). \2\ See Petitioner's June 19, 2017, Case Brief (Petitioner Case Brief). \3\ See Shin Yang's June 27, 2017, Rebuttal Brief (Shin Yang Rebuttal). --------------------------------------------------------------------------- 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.\4\ --------------------------------------------------------------------------- \4\ A full written description of the scope of the order is contained in Memorandum, ``Certain Circular Welded Carbon Steel Pipes and Tubes from Taiwan; 2015-2016,'' (Issues and Decision Memorandum), dated concurrently with this notice and incorporated herein by reference. --------------------------------------------------------------------------- Final Determination of No Shipments In the Preliminary Results, the Department preliminarily determined that Yieh Hsing had no shipments during the period of review (POR).\5\ Following publication of the Preliminary Results, we received no comments from interested parties regarding Yieh Hsing. As a result, and because the record contains no evidence to the contrary, we continue to find that Yieh Hsing made no shipments during the POR. Accordingly, consistent with the Department's practice, we intend to instruct U.S. Customs and Border Protection (CBP) to liquidate any existing entries of merchandise produced by Yieh Hsing, but exported by other parties without their own rate, at the all-others rate.\6\ --------------------------------------------------------------------------- \5\ See Preliminary Results, 82 FR at 22806, and accompanying Preliminary Decision Memorandum, at 2-3. \6\ 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). --------------------------------------------------------------------------- Analysis of the Comments Received All issues raised in the case and rebuttal briefs submitted in this review are addressed in the Issues and Decision Memorandum, which is hereby adopted by this notice. A list of the issues raised is attached as an appendix to this notice. The Issues and 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 it is available to all parties in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision Memorandum and the electronic versions of the Issues and Decision Memorandum are identical in content. Changes Since the Preliminary Results Based on our analysis of the comments received, we made a change to the Preliminary Results. For Shin Yang, we adjusted the home market calculation program to correct an error related to surrogate production costs. For a full discussion of all comments received, see Issues and Decision Memorandum. Final Results of the Review As a result of this review, we determine that the following weighted-average dumping margin exists: ------------------------------------------------------------------------ Dumping Producer/exporter margin (percent) ------------------------------------------------------------------------ Shin Yang Steel Co., Ltd................................... 1.78 ------------------------------------------------------------------------ Disclosure We intend to disclose the calculations performed for these final results of review within five days of the date of [[Page 55094]] publication of this notice in the Federal Register, in accordance with 19 CFR 351.224(b). Assessment The Department shall determine, and CBP shall assess, antidumping duties on all appropriate entries covered by this review pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b). For Shin Yang, because its weighted-average dumping margin is not zero or de minimis (i.e., less than 0.5 percent), the Department has calculated importer-specific antidumping duty assessment rates. We calculated importer-specific ad valorem antidumping 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 entered value associated with those sales. We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review where an importer-specific assessment rate is not zero or de minimis. Pursuant to 19 CFR 351.106(c)(2), we will instruct CBP to liquidate without regard to antidumping duties any entries for which the importer-specific assessment rate is zero or de minimis. As noted in the ``Final Determination of No Shipments'' section, above, the Department 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. Cash Deposit Requirements The following cash deposit requirements will be effective for all shipments of 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) of the Act: (1) The cash deposit rates will be equal to the weighted-average dumping margins established in the final results of this review; (2) for previously reviewed or investigated companies not participating in this review, the cash deposit rate will continue to be the company- specific rate published for the most recently completed segment of this proceeding in which the company was reviewed; (3) if the exporter is not a firm covered in this review, a previous review, or the original less-than-fair-value (LTFV) investigation, but the manufacturer is, 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 established in the LTFV investigation.\7\ These deposit requirements, when imposed, shall remain in effect until further notice. --------------------------------------------------------------------------- \7\ See Certain Circular Welded Carbon Steel Pipes and Tubes from Taiwan: Antidumping Duty Order, 49 FR 19369 (May 7, 1984). --------------------------------------------------------------------------- Notification to Importers This notice serves as a final 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. Administrative Protective Orders This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: November 14, 2017. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix--List of Topics Discussed in the Issues and Decision Memorandum Summary Background Scope of the Order Discussion of the Issues 1. Date of Sale 2. Shin Yang's Specification Designations 3. Processing Costs 4. Ministerial Error Recommendation [FR Doc. 2017-25087 Filed 11-17-17; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 82, No. 222 / Monday, November 20, 2017 / Notices 55093
Administrative Protective Order FOR FURTHER INFORMATION CONTACT: Yieh Hsing made no shipments during
This notice also serves as a reminder Scott Hoefke, AD/CVD Operations, the POR. Accordingly, consistent with
to parties subject to administrative Office VI, Enforcement and Compliance, the Department’s practice, we intend to
protective order (APO) of their International Trade Administration, instruct U.S. Customs and Border
responsibility concerning the return or U.S. Department of Commerce, 1401 Protection (CBP) to liquidate any
destruction of proprietary information Constitution Avenue NW., Washington, existing entries of merchandise
disclosed under the APO in accordance DC 20230; telephone: (202) 482–4947. produced by Yieh Hsing, but exported
with 19 CFR 351.305(a)(3), which SUPPLEMENTARY INFORMATION: by other parties without their own rate,
continues to govern business at the all-others rate.6
Background
proprietary information in this segment Analysis of the Comments Received
On May 18, 2017, the Department
of the proceeding. Timely written All issues raised in the case and
published the Preliminary Results of
notification of the return or destruction rebuttal briefs submitted in this review
this review in the Federal Register.1 We
of APO materials or conversion to are addressed in the Issues and Decision
invited parties to comment on the
judicial protective order is hereby Memorandum, which is hereby adopted
Preliminary Results. On June 19, 2017,
requested. Failure to comply with the by this notice. A list of the issues raised
we received a case brief from Wheatland
regulations and the terms of an APO is is attached as an appendix to this
Tube Group (the petitioner).2 On June
a violation subject to sanction. notice. The Issues and Decision
26, 2017, we received a rebuttal brief
Notification to Interested Parties from Shin Yang.3 The Department Memorandum is a public document and
conducted this review in accordance is on file electronically via Enforcement
We are issuing and publishing these
with section 751(a)(2) of the Tariff Act and Compliance’s Antidumping and
results in accordance with sections Countervailing Duty Centralized
751(a)(1) and 777(i)(1) of the Act and 19 of 1930, as amended (the Act).
Electronic Service System (ACCESS).
CFR 351.213(h) and 351.221(b)(5). Scope of the Order ACCESS is available to registered users
Dated: November 13, 2017. The merchandise subject to the order at http://access.trade.gov and it is
Gary Taverman, is certain circular welded carbon steel available to all parties in the Central
Deputy Assistant Secretary for Antidumping pipes and tubes from Taiwan. The Records Unit, Room B8024 of the main
and Countervailing Duty Operations, product is currently classified under the Department of Commerce building. In
performing the non-exclusive functions and Harmonized Tariff Schedule of the addition, a complete version of the
duties for the Assistant Secretary for United States (HTSUS) item numbers Issues and Decision Memorandum can
Enforcement and Compliance. 7306.30.5025, 7306.30.5032, be accessed directly at http://
[FR Doc. 2017–25085 Filed 11–17–17; 8:45 am] 7306.30.5040, and 7306.30.5055. enforcement.trade.gov/frn/index.html.
BILLING CODE 3510–DS–P Although the HTSUS numbers are The signed Issues and Decision
provided for convenience and customs Memorandum and the electronic
purposes, the written product versions of the Issues and Decision
DEPARTMENT OF COMMERCE description remains dispositive.4 Memorandum are identical in content.
International Trade Administration Final Determination of No Shipments Changes Since the Preliminary Results
[A–583–008] In the Preliminary Results, the Based on our analysis of the
Department preliminarily determined comments received, we made a change
Certain Circular Welded Carbon Steel that Yieh Hsing had no shipments to the Preliminary Results. For Shin
Pipes and Tubes From Taiwan: Final during the period of review (POR).5 Yang, we adjusted the home market
Results of Antidumping Duty Following publication of the calculation program to correct an error
Administrative Review and Final Preliminary Results, we received no related to surrogate production costs.
Determination of No Shipments; 2015– comments from interested parties For a full discussion of all comments
2016 regarding Yieh Hsing. As a result, and received, see Issues and Decision
because the record contains no evidence Memorandum.
AGENCY: Enforcement and Compliance,
to the contrary, we continue to find that Final Results of the Review
International Trade Administration,
Department of Commerce. 1 See Certain Circular Welded Carbon Steel Pipes As a result of this review, we
SUMMARY: On May 18, 2017, the and Tubes from Taiwan: Preliminary Results of determine that the following weighted-
Department of Commerce (the Antidumping Duty Administrative Review and average dumping margin exists:
Department) published the preliminary Preliminary Determination of No Shipments; 2015–
2016, 82 FR 22805 (May 18, 2017) (Preliminary Dumping
results of the administrative review of Results), and accompanying Memorandum, Producer/exporter margin
the antidumping duty order on certain ‘‘Decision Memorandum for Preliminary Results of (percent)
circular welded carbon steel pipes and Antidumping Duty Administrative Review: Certain
tubes from Taiwan. The period of Circular Welded Carbon Steel Pipes and Tubes from
Shin Yang Steel Co., Ltd ............ 1.78
Taiwan; 2015–2016,’’ dated May 10, 2017
review (POR) is May 1, 2015 through (Preliminary Decision Memorandum).
April 30, 2016. This review covers Shin 2 See Petitioner’s June 19, 2017, Case Brief Disclosure
Yang Steel Co., Ltd. (Shin Yang) and (Petitioner Case Brief).
We intend to disclose the calculations
Yieh Hsing Enterprise Co., Ltd. (Yieh 3 See Shin Yang’s June 27, 2017, Rebuttal Brief
(Shin Yang Rebuttal). performed for these final results of
Hsing). Based on our analysis of the
nshattuck on DSK9F9SC42PROD with NOTICES
4 A full written description of the scope of the review within five days of the date of
comments received, we have made order is contained in Memorandum, ‘‘Certain
certain changes in the margin Circular Welded Carbon Steel Pipes and Tubes from 6 See, e.g., Magnesium Metal from the Russian
calculations. The final weighted-average Taiwan; 2015–2016,’’ (Issues and Decision Federation: Preliminary Results of Antidumping
dumping margins for the reviewed firms Memorandum), dated concurrently with this notice Duty Administrative Review, 75 FR 26922, 26923
and incorporated herein by reference. (May 13, 2010), unchanged in Magnesium Metal
are listed below in the section entitled, 5 See Preliminary Results, 82 FR at 22806, and from the Russian Federation: Final Results of
‘‘Final Results of the Review.’’ accompanying Preliminary Decision Memorandum, Antidumping Duty Administrative Review, 75 FR
DATES: Applicable November 20, 2017. at 2–3. 56989 (September 17, 2010).
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![55094 Federal Register / Vol. 82, No. 222 / Monday, November 20, 2017 / Notices
publication of this notice in the Federal deposit rate for all other manufacturers BUREAU OF CONSUMER FINANCIAL
Register, in accordance with 19 CFR or exporters will continue to be 9.70 PROTECTION
351.224(b). percent, the all-others rate established
in the LTFV investigation.7 These Publication of FY 2016 Service
Assessment Contract Inventory
deposit requirements, when imposed,
The Department shall determine, and shall remain in effect until further
CBP shall assess, antidumping duties on AGENCY: Bureau of Consumer Financial
notice. Protection.
all appropriate entries covered by this
review pursuant to section 751(a)(2)(C) Notification to Importers ACTION: Notice of public availability of
of the Act and 19 CFR 351.212(b). FY 2016 Service Contract Inventory.
For Shin Yang, because its weighted- This notice serves as a final reminder
SUMMARY: In accordance with Section
average dumping margin is not zero or to importers of their responsibility
734 of Division C of the Consolidated
de minimis (i.e., less than 0.5 percent), under 19 CFR 351.402(f)(2) to file a
Appropriations Act of 2010, the Bureau
the Department has calculated importer- certificate regarding the reimbursement of Consumer Financial Protection
specific antidumping duty assessment of antidumping duties prior to (Bureau) is publishing this notice to
rates. We calculated importer-specific liquidation of the relevant entries advise the public of the availability of
ad valorem antidumping duty during this review period. Failure to the FY 2016 service contract inventory.
assessment rates by aggregating the total comply with this requirement could This inventory provides information on
amount of dumping calculated for the result in the Secretary’s presumption service contract actions over $25,000,
examined sales of each importer and that reimbursement of antidumping which the Bureau funded during FY
dividing each of these amounts by the duties occurred and the subsequent 2016. The information is organized by
total entered value associated with those assessment of double antidumping function to show how contracted
sales. We will instruct CBP to assess
duties. resources were used by the agency to
antidumping duties on all appropriate
support its mission. The inventory has
entries covered by this review where an Administrative Protective Orders been developed in accordance with the
importer-specific assessment rate is not
This notice also serves as a reminder guidance issued on November 5, 2010
zero or de minimis. Pursuant to 19 CFR
to parties subject to administrative and December 19, 2011 by the Office of
351.106(c)(2), we will instruct CBP to
Management and Budget’s Office of
liquidate without regard to antidumping protective order (APO) of their
Federal Procurement Policy (OFPP).
duties any entries for which the responsibility concerning the
OFPP’s guidance is available at: https://
importer-specific assessment rate is zero destruction of proprietary information obamawhitehouse.archives.gov/sites/
or de minimis. disclosed under APO in accordance default/files/omb/procurement/memo/
As noted in the ‘‘Final Determination with 19 CFR 351.305(a)(3). Timely service-contract-inventories-guidance-
of No Shipments’’ section, above, the written notification of the return or 11052010.pdf and https://
Department will instruct CBP to destruction of APO materials or obamawhitehouse.archives.gov/sites/
liquidate any existing entries of conversion to judicial protective order is default/files/omb/procurement/memo/
merchandise produced by Yieh Hsing hereby requested. Failure to comply service-contract-inventory-guidance.pdf.
but exported by other parties, at the rate with the regulations and terms of an The Bureau has posted its inventory on
for the intermediate reseller, if available, APO is a sanctionable violation. the Bureau’s Open Government
or at the all-others rate. homepage at the following link: http://
We are issuing and publishing these
Cash Deposit Requirements results in accordance with sections www.consumerfinance.gov/open.
The following cash deposit 751(a)(1) and 777(i)(1) of the Act. FOR FURTHER INFORMATION CONTACT:
requirements will be effective for all Questions regarding the service contract
Dated: November 14, 2017. inventory should be directed to Karen
shipments of subject merchandise
Gary Taverman, Morris, Procurement Analyst, Office of
entered, or withdrawn from warehouse,
for consumption on or after the Deputy Assistant Secretary for Antidumping Procurement, Consumer Financial
publication date of the final results of and Countervailing Duty Operations, Protection Bureau, (202) 435–9833.
this administrative review, as provided performing the non-exclusive functions and Dated: November 9, 2017.
duties of the Assistant Secretary for
by section 751(a)(2) of the Act: (1) The Richard Cordray,
Enforcement and Compliance.
cash deposit rates will be equal to the Director, Bureau of Consumer Financial
weighted-average dumping margins Appendix—List of Topics Discussed in Protection.
established in the final results of this the Issues and Decision Memorandum [FR Doc. 2017–25026 Filed 11–17–17; 8:45 am]
review; (2) for previously reviewed or BILLING CODE 4810–AM–P
investigated companies not Summary
Background
participating in this review, the cash
Scope of the Order
deposit rate will continue to be the DEPARTMENT OF DEFENSE
Discussion of the Issues
company-specific rate published for the
1. Date of Sale
most recently completed segment of this Office of the Secretary
2. Shin Yang’s Specification Designations
proceeding in which the company was
3. Processing Costs Government-Industry Advisory Panel;
reviewed; (3) if the exporter is not a firm
4. Ministerial Error Notice of Federal Advisory Committee
covered in this review, a previous
nshattuck on DSK9F9SC42PROD with NOTICES
Recommendation
review, or the original less-than-fair- Meeting
[FR Doc. 2017–25087 Filed 11–17–17; 8:45 am]
value (LTFV) investigation, but the AGENCY: Office of the Under Secretary of
manufacturer is, the cash deposit rate BILLING CODE 3510–DS–P
Defense (Acquisition, Technology, and
will be the rate established for the most Logistics), Department of Defense (DoD).
recently completed segment of this 7 See Certain Circular Welded Carbon Steel Pipes
ACTION: Federal advisory committee
proceeding for the manufacturer of and Tubes from Taiwan: Antidumping Duty Order,
meeting notice.
subject merchandise; and (4) the cash 49 FR 19369 (May 7, 1984).
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Document Created: 2018-10-25 10:42:40
Document Modified: 2018-10-25 10:42:40
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Applicable November 20, 2017. | |
| Contact | Scott Hoefke, 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. | |
| FR Citation | 82 FR 55093 |
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