83_FR_52404 83 FR 52204 - Certain Circular Welded Carbon Steel Pipes and Tubes From Taiwan: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2016-2017

83 FR 52204 - Certain Circular Welded Carbon Steel Pipes and Tubes From Taiwan: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2016-2017

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 200 (October 16, 2018)

Page Range52204-52205
FR Document2018-22501

The Department of Commerce (Commerce) determines that Shin Yang Steel Co., Ltd. (Shin Yang), a producer/exporter of merchandise subject to this administrative review, made sales of subject merchandise at less than normal value during the period of review (POR) May 1, 2016, to April 30, 2017.

Federal Register, Volume 83 Issue 200 (Tuesday, October 16, 2018) 
[Federal Register Volume 83, Number 200 (Tuesday, October 16, 2018)]
[Notices]
[Pages 52204-52205]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-22501]



[[Page 52204]]

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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; 2016-2017

AGENCY: Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that Shin 
Yang Steel Co., Ltd. (Shin Yang), a producer/exporter of merchandise 
subject to this administrative review, made sales of subject 
merchandise at less than normal value during the period of review (POR) 
May 1, 2016, to April 30, 2017.

DATES: Applicable October 16, 2018.

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 June 12, 2018, Commerce published its preliminary results of the 
administrative review of certain circular welded carbon steel pipes and 
tubes from Taiwan.\1\ This review covers Shin Yang Steel Co., Ltd. 
(Shin Yang) and Yieh Hsing Enterprise Co., Ltd. (Yieh Hsing). We 
invited interested parties to comment on our preliminary results. We 
received no comments regarding this administrative review. No 
interested party requested a hearing.
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    \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; 2016-2017, 83 
FR 27311 (June 12, 2018), and accompanying Preliminary Decision 
Memorandum.
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    On January 23, 2018, Commerce exercised its discretion to toll all 
deadlines for the duration of the closure of the Federal Government 
from January 20, 2018, through January 22, 2018.\2\ The revised 
deadline for the final determination of this review is now October 10, 
2018.
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    \2\ See Memorandum, ``Deadlines Affected by the Shutdown of the 
Federal Government,'' dated January 23, 2018. All deadlines in this 
segment of the proceeding have been extended by 3 days.
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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.\3\
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    \3\ The complete description of the scope of the order appears 
in the Preliminary Decision Memorandum.
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    Analysis of Comments Received and Changes Since the Preliminary 
Results
    We made no changes to the Preliminary Results because we received 
no comments pertaining to the Preliminary Results.

Final Determination of No Shipments

    In the Preliminary Results, Commerce preliminarily determined that 
Yieh Hsing had no shipments during the POR.\4\ 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 
Commerce'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.\5\
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    \4\ See Preliminary Results, 83 FR at 27312, and accompanying 
Preliminary Decision Memorandum, at 2-3.
    \5\ 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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Final Results of the Review

    As a result of this review, we determine that the following 
weighted-average dumping margin exists for the period May 1, 2016, 
through April 30, 2017:

------------------------------------------------------------------------
                                                               Weight-
                                                               average
                                                               dumping
                     Producer/exporter                          margin
                                                              (percent)
                                                                 \6\
------------------------------------------------------------------------
Shin Yang Steel Co., Ltd...................................        7.47
------------------------------------------------------------------------

Assessment
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    \6\ In the Preliminary Results, Commerce erroneously published a 
dumping margin for Shin Yang of 6.26 percent. The correct margin 
should have been 7.47 percent, as reflected in the memorandum, 
``Preliminary Analysis Memorandum for Shin Yang Steel Co., Ltd. in 
the 2016-2017 Administrative Review of Certain Circular Welded 
Carbon Steel Pipes and Tubes from Taiwan,'' dated June 4, 2018. No 
party commented on this ministerial error contained in the 
Preliminary Results, but we are correcting the inadvertent error for 
these final results.
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    Commerce 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), Commerce 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, Commerce 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 for by section 751(a)(2)(C) 
of the Act: (1) The cash deposit rates for the companies listed in 
these final results will be equal to the rates established in the final 
results of this review; (2) for merchandise exported by producers or 
exporters not covered in this review but covered in a prior segment of 
this proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recently completed segment in 
which the company was reviewed; (3) if the exporter is not a firm 
covered in this review or the original less-than-fair-value (LTFV) 
investigation, but the producer is, the cash deposit rate will be the 
rate established for the most recently completed segment of this 
proceeding for the producer of the subject

[[Page 52205]]

merchandise; and (4) the cash deposit rate for all other producers or 
exporters will continue to be 9.70 percent,\7\ the all-others rate 
established in the LTFV investigation. These cash deposit requirements, 
when imposed, shall remain in effect until further notice.
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    \7\ See Certain Circular Welded Carbon Steel Pipes and Tubes 
from Taiwan: Antidumping Duty Order, 49 FR 19369 (May 7, 1984).
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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 POR. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of antidumping duties occurred and the subsequent assessment of double 
antidumping duties.

Notification to Interested Parties Regarding Administrative Protective 
Order

    This notice also serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3), which continues to govern 
business proprietary information in this segment of the proceeding. 
Timely written notification of the return or destruction of APO 
materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and the terms of an 
APO is a sanctionable violation.
    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h).

    Dated: October 10, 2018.
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.
[FR Doc. 2018-22501 Filed 10-15-18; 8:45 am]
 BILLING CODE 3510-DS-P

52204 Federal Register / Vol. 83, No. 200 / Tuesday, October 16, 2018 / Notices DEPARTMENT OF COMMERCE product is currently classified under the appropriate entries covered by this Harmonized Tariff Schedule of the review pursuant to section 751(a)(2)(C) International Trade Administration United States (HTSUS) item numbers of the Act and 19 CFR 351.212(b). [A–583–008] 7306.30.5025, 7306.30.5032, For Shin Yang, because its weighted- 7306.30.5040, and 7306.30.5055. average dumping margin is not zero or Certain Circular Welded Carbon Steel Although the HTSUS numbers are de minimis (i.e., less than 0.5 percent), Pipes and Tubes From Taiwan: Final provided for convenience and customs Commerce has calculated importer- Results of Antidumping Duty purposes, the written product specific antidumping duty assessment Administrative Review and Final description remains dispositive.3 rates. We calculated importer-specific Determination of No Shipments; 2016– Analysis of Comments Received and ad valorem antidumping duty 2017 Changes Since the Preliminary Results assessment rates by aggregating the total We made no changes to the amount of dumping calculated for the AGENCY: Enforcement and Compliance, Preliminary Results because we received examined sales of each importer and International Trade Administration, no comments pertaining to the dividing each of these amounts by the U.S. Department of Commerce. Preliminary Results. total entered value associated with those SUMMARY: The Department of Commerce sales. We will instruct CBP to assess Final Determination of No Shipments (Commerce) determines that Shin Yang antidumping duties on all appropriate Steel Co., Ltd. (Shin Yang), a producer/ In the Preliminary Results, Commerce entries covered by this review where an exporter of merchandise subject to this preliminarily determined that Yieh importer-specific assessment rate is not administrative review, made sales of Hsing had no shipments during the zero or de minimis. Pursuant to 19 CFR subject merchandise at less than normal POR.4 Following publication of the 351.106(c)(2), we will instruct CBP to value during the period of review (POR) Preliminary Results, we received no liquidate without regard to antidumping May 1, 2016, to April 30, 2017. comments from interested parties duties any entries for which the DATES: Applicable October 16, 2018. regarding Yieh Hsing. As a result, and importer-specific assessment rate is zero because the record contains no evidence or de minimis. FOR FURTHER INFORMATION CONTACT: to the contrary, we continue to find that As noted in the ‘‘Final Determination Scott Hoefke, AD/CVD Operations, Yieh Hsing made no shipments during Office VI, Enforcement and Compliance, of No Shipments’’ section, above, the POR. Accordingly, consistent with Commerce will instruct CBP to liquidate International Trade Administration, Commerce’s practice, we intend to U.S. Department of Commerce, 1401 any existing entries of merchandise instruct U.S. Customs and Border produced by Yieh Hsing but exported by Constitution Avenue NW, Washington, Protection (CBP) to liquidate any DC 20230; telephone: (202) 482–4947. other parties, at the rate for the existing entries of merchandise intermediate reseller, if available, or at SUPPLEMENTARY INFORMATION: produced by Yieh Hsing, but exported the all-others rate. Background by other parties without their own rate, at the all-others rate.5 Cash Deposit Requirements On June 12, 2018, Commerce The following cash deposit published its preliminary results of the Final Results of the Review requirements will be effective for all administrative review of certain circular As a result of this review, we shipments of subject merchandise welded carbon steel pipes and tubes determine that the following weighted- entered, or withdrawn from warehouse, from Taiwan.1 This review covers Shin average dumping margin exists for the for consumption on or after the Yang Steel Co., Ltd. (Shin Yang) and period May 1, 2016, through April 30, publication date of the final results of Yieh Hsing Enterprise Co., Ltd. (Yieh 2017: this administrative review, as provided Hsing). We invited interested parties to for by section 751(a)(2)(C) of the Act: (1) comment on our preliminary results. We Weight- The cash deposit rates for the received no comments regarding this average Producer/exporter dumping companies listed in these final results administrative review. No interested margin will be equal to the rates established in party requested a hearing. (percent) 6 the final results of this review; (2) for On January 23, 2018, Commerce merchandise exported by producers or exercised its discretion to toll all Shin Yang Steel Co., Ltd ............ 7.47 exporters not covered in this review but deadlines for the duration of the closure covered in a prior segment of this of the Federal Government from January Assessment proceeding, the cash deposit rate will 20, 2018, through January 22, 2018.2 Commerce shall determine, and CBP continue to be the company-specific rate The revised deadline for the final shall assess, antidumping duties on all published for the most recently determination of this review is now completed segment in which the October 10, 2018. 3 The complete description of the scope of the company was reviewed; (3) if the order appears in the Preliminary Decision Scope of the Order Memorandum. exporter is not a firm covered in this 4 See Preliminary Results, 83 FR at 27312, and review or the original less-than-fair- The merchandise subject to the order accompanying Preliminary Decision Memorandum, value (LTFV) investigation, but the is certain circular welded carbon steel at 2–3. producer is, the cash deposit rate will be pipes and tubes from Taiwan. The 5 See, e.g., Magnesium Metal from the Russian the rate established for the most recently Federation: Preliminary Results of Antidumping 1 See Certain Circular Welded Carbon Steel Pipes Duty Administrative Review, 75 FR 26922, 26923 completed segment of this proceeding for the producer of the subject amozie on DSK3GDR082PROD with NOTICES1 and Tubes from Taiwan: Preliminary Results of (May 13, 2010), unchanged in Magnesium Metal Antidumping Duty Administrative Review and from the Russian Federation: Final Results of Preliminary Determination of No Shipments; 2016– Antidumping Duty Administrative Review, 75 FR Memorandum for Shin Yang Steel Co., Ltd. in the 2017, 83 FR 27311 (June 12, 2018), and 56989 (September 17, 2010). 2016–2017 Administrative Review of Certain accompanying Preliminary Decision Memorandum. 6 In the Preliminary Results, Commerce Circular Welded Carbon Steel Pipes and Tubes from 2 See Memorandum, ‘‘Deadlines Affected by the erroneously published a dumping margin for Shin Taiwan,’’ dated June 4, 2018. No party commented Shutdown of the Federal Government,’’ dated Yang of 6.26 percent. The correct margin should on this ministerial error contained in the January 23, 2018. All deadlines in this segment of have been 7.47 percent, as reflected in the Preliminary Results, but we are correcting the the proceeding have been extended by 3 days. memorandum, ‘‘Preliminary Analysis inadvertent error for these final results. VerDate Sep<11>2014 18:44 Oct 15, 2018 Jkt 247001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\16OCN1.SGM 16OCN1

Federal Register / Vol. 83, No. 200 / Tuesday, October 16, 2018 / Notices 52205 merchandise; and (4) the cash deposit DEPARTMENT OF COMMERCE determinations for mandatory rate for all other producers or exporters respondents Fufeng and Deosen will continue to be 9.70 percent,7 the International Trade Administration Biochemical Ltd. (Deosen).3 CP Kelco all-others rate established in the LTFV [A–570–985] U.S. and Fufeng appealed the Amended investigation. These cash deposit Final Determination and Order to the requirements, when imposed, shall Xanthan Gum From the People’s CIT, and on March 31, 2015, the CIT remain in effect until further notice. Republic of China: Notice of Court sustained, in part, and remanded, in Decision Not in Harmony With part, Commerce’s Final Determination,4 Notification to Importers Amended Final Determination in Less as modified by the Amended Final Than Fair Value Investigation; Notice Determination.5 Specifically, the Court This notice serves as a final reminder remanded, for reevaluation, Commerce’s of Amended Final Determination to importers of their responsibility conclusion that the Thai Ajinomoto Pursuant to Court Decision; Notice of under 19 CFR 351.402(f)(2) to file a Revocation of Antidumping Duty Order financial statements constituted a better certificate regarding the reimbursement in Part; and Discontinuation of Fourth source for calculating surrogate of antidumping duties prior to and Fifth Antidumping Duty financial ratios than the Thai liquidation of the relevant entries Administrative Reviews in Part Fermentation statements, and granted during this POR. Failure to comply with the Government’s request for a this requirement could result in AGENCY: Enforcement and Compliance, voluntary remand to reconsider Commerce’s presumption that International Trade Administration, Commerce’s allocation of energy reimbursement of antidumping duties Department of Commerce. consumed at Fufeng’s Neimenggu plant occurred and the subsequent assessment SUMMARY: On September 17, 2018, the between the production of subject and of double antidumping duties. United States Court of International non-subject merchandise.6 Pursuant to a Trade (CIT or Court) sustained the series of remand orders issued by the Notification to Interested Parties Department of Commerce’s (Commerce) Court that resulted in four remand Regarding Administrative Protective remand redetermination pertaining to redeterminations, Commerce adjusted Order the less-than-fair-value (LTFV) its allocation of energy consumed at investigation of xanthan gum from the Fufeng’s Neimenggu plant and revised This notice also serves as the only People’s Republic of China (China). Fufeng’s weighted average dumping reminder to parties subject to Because of the CIT’s final decision, we margin by using Thai Fermentation’s administrative protective order (APO) of are notifying the public that the CIT’s financial statements to derive the their responsibility concerning the decision is not in harmony with surrogate financial ratios.7 On disposition of proprietary information Commerce’s final determination in the September 17, 2018, the CIT sustained disclosed under APO in accordance LTFV investigation of xanthan gum Commerce’s Final Remand with 19 CFR 351.305(a)(3), which from China. Pursuant to the CIT’s final Redetermination.8 continues to govern business judgment, Neimenggu Fufeng Biotechnologies Co., Ltd. (aka Inner Timken Notice proprietary information in this segment of the proceeding. Timely written Mongolia Fufeng Biotechnologies Co., In its decision in Timken,9 as clarified notification of the return or destruction Ltd.) and Shandong Fufeng by Diamond Sawblades,10 the United of APO materials or conversion to Fermentation, Co., Ltd. (collectively, States Court of Appeals for the Federal judicial protective order is hereby Fufeng) are being excluded from the Circuit (CAFC) held that, pursuant to requested. Failure to comply with the order. section 516A(e) of the Tariff Act of regulations and the terms of an APO is DATES: September 27, 2018. 1930, as amended (the Act), Commerce must publish a notice of a court a sanctionable violation. FOR FURTHER INFORMATION CONTACT: decision that is not ‘‘in harmony’’ with We are issuing and publishing this Stephen Bailey, AD/CVD Operations, a Commerce determination and must notice in accordance with sections Office IV, Enforcement and Compliance, suspend liquidation of entries pending 751(a)(1) and 777(i)(1) of the Act and 19 International Trade Administration, a ‘‘conclusive’’ court decision. The CIT’s CFR 351.213(h). U.S. Department of Commerce, 1401 September 17, 2018, final judgment Constitution Avenue NW, Washington, Dated: October 10, 2018. sustaining Commerce’s fourth remand DC 20230; telephone: (202) 482–0193. redetermination 11 constitutes a final Gary Taverman, SUPPLEMENTARY INFORMATION: Deputy Assistant Secretary for Antidumping 3 Id. at 43144. Background and Countervailing Duty Operations, 4 See Final Determination, 78 FR at 33351. performing the non-exclusive functions and The litigation in this case relates to 5 See CP Kelco US, Inc. v. United States, Slip Op. duties of the Assistant Secretary for Commerce’s final determination in the 15–27, (CIT Mar. 31, 2015) (CP Kelco I). Enforcement and Compliance. antidumping duty investigation 6 Id. at 2–3, 11–15, 32–34. 7 Id.; see also CP Kelco US, Inc. v. United States, [FR Doc. 2018–22501 Filed 10–15–18; 8:45 am] covering xanthan gum from China,1 Slip Op. 16–36 (CIT Apr. 8, 2016) (CP Kelco II); CP BILLING CODE 3510–DS–P which was later amended.2 In its Kelco US, Inc. v. United States, 211 F. Supp. 3d Amended Final Determination and 1338 (CIT 2017) (CP Kelco III); CP Kelco US, Inc. Order, Commerce reached affirmative v. United States, Slip Op. 18–36 (CIT Apr. 5, 2018) (CP Kelco IV). 1 See Xanthan Gum from the People’s Republic of 8 See CP Kelco US, Inc. v. United States, Slip Op. amozie on DSK3GDR082PROD with NOTICES1 China: Final Determination of Sales at Less Than 18–120 (CIT Sept. 17, 2018) (CP Kelco V). 9 See Timken Co. v. United States, 893 F.2d 337, Fair Value, 78 FR 33351 (June 4, 2013) (Final Determination) and accompanying Issues and 341 (Fed. Cir. 1990) (Timken). Decision Memorandum. 10 See Diamond Sawblades Mfrs. Coalition v. 2 See Xanthan Gum from the People’s Republic of United States, 626 F.3d 1374 (Fed. Cir. 2010) China: Amended Final Determination of Sales at (Diamond Sawblades). 7 See Certain Circular Welded Carbon Steel Pipes Less Than Fair Value and Antidumping Duty Order, 11 See CP Kelco V, at 6; see also CP Kelco US, Inc. and Tubes from Taiwan: Antidumping Duty Order, 78 FR 43143 (July 19, 2013) (Amended Final v. United States, Court No. 13–00288, Slip Op. 18– 49 FR 19369 (May 7, 1984). Determination and Order). Continued VerDate Sep<11>2014 18:44 Oct 15, 2018 Jkt 247001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\16OCN1.SGM 16OCN1


Document Created: 2018-10-15 23:41:51
Document Modified: 2018-10-15 23:41:51
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesApplicable October 16, 2018.
ContactScott 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 Citation83 FR 52204 
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