[Federal Register Volume 78, Number 230 (Friday, November 29, 2013)]
[Notices]
[Pages 71563-71565]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-28693]
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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; 2011-2012
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
SUMMARY: On June 7, 2013, 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 for the period of review (POR) May 1, 2011,
through April 30, 2012.\1\ For these final results, we find that
subject merchandise has been sold at less than normal value.
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\1\ See Certain Circular Welded Carbon Steel Pipes and Tubes
From Taiwan: Preliminary Results of Antidumping Duty Administrative
Review; 2011-2012, 78 FR 34335 (June 7, 2013) (Preliminary Results).
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DATES: Effective November 29, 2013.
FOR FURTHER INFORMATION CONTACT: Steve Bezirganian or Robert James, AD/
CVD Operations, Office VI, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington DC 20230; telephone: (202) 482-1131
or (202) 482-0649, respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 7, 2013, 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.\2\
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\2\ Id.
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On July 22, 2013, we received a case brief from the petitioner,
United States Steel Corporation. On July 29, 2013, we received a
rebuttal brief from the respondent, Shin Yang Steel Co., Ltd. (Shin
Yang).
As explained in the memorandum from the Assistant Secretary for
Enforcement and Compliance, the Department exercised its discretion to
toll deadlines for the duration of the closure of the Federal
Government from October 1, through October 16, 2013.\3\ Therefore, all
deadlines in this segment of the proceeding have been extended by 16
days. The revised deadline for the final results of this review is now
November 22, 2013.
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\3\ See Memorandum for the Record from Paul Piquado, Assistant
Secretary for Enforcement and Compliance, ``Deadlines Affected by
the Shutdown of the Federal Government'' (October 18, 2013).
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Scope of the Order
The merchandise subject to the Order \4\ is certain circular welded
carbon steel pipes and tubes. For a full description of the scope of
the Order, see the Issues and Decision Memorandum,\5\ which is hereby
[[Page 71564]]
adopted by this notice. The written description is dispositive.
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\4\ See Certain Circular Welded Carbon Steel Pipes and Tubes
From Taiwan: Antidumping Duty Order, 49 FR 19369 (May 7, 1984)
(Order).
\5\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Paul Piquado, Assistant Secretary for Enforcement and Compliance,
entitled ``Issues and Decision Memorandum for the Antidumping Duty
Administrative Review of Certain Circular Welded Carbon Steel Pipes
and Tubes from Taiwan; 2011-2012,'' (Issues and Decision Memorandum)
dated concurrently with this notice.
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Analysis of Comments Received
The comments received in the case and rebuttal briefs are addressed
in the Issues and Decision Memorandum. A list of the issues raised and
to which we have responded in the Issues and Decision Memorandum is
attached to this notice as an Appendix. 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 (IA ACCESS). Access to IA ACCESS
is available to registered users at http://iaacess.trade.gov and is
available to all parties in the Central Records Unit, room 7046 of the
main Department of Commerce building. In addition, a complete version
of the Issues and Decision Memorandum can be accessed at http://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum
and the electronic version of the Issues and Decision Memorandum are
identical in content.
Changes from the Preliminary Results
Based on our analysis of the comments received from interested
parties, we have changed our calculation methodology for Shin Yang to
remove an offset to costs that is associated with non-subject
merchandise.\6\
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\6\ See the Issues and Decision Memorandum; see also the
company-specific calculation memorandom dated concurrently with this
notice, entitled ``Analysis Memorandum for Shin Yang Steel Co., Ltd.
for the Final Results of the Administrative Review of Certain
Circular Welded Carbon Steel Pipes and Tubes from Taiwan; 2011-
2012,'' and the cost memorandum dated concurrently with this notice,
``Cost of Production and Constructed Value Calculation Adjustments
for the Final Results--Shin Yang Steel Co., Ltd.''
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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, 2011,
through April 30, 2012:
------------------------------------------------------------------------
Weighted-
average
Manufacturer/exporter dumping
margin
(percent)
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Shin Yang Steel Co., Ltd.................................. 8.91
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Disclosure
We will disclose the calculations performed for these final results
to interested parties within five days after the date of the
publication of this notice pursuant to 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.212(b), the Department has
determined, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries of subject merchandise in
accordance with the final results of this review. The Department
intends to issue assessment instructions to CBP 15 days after the date
of publication of these final results of review.
Because Shin Yang's weighted-average dumping margin is not zero or
de minimis (i.e., less than 0.5 percent), the Department has calculated
importer-specific assessment rates. Shin Yang did not report the name
of the importer of record or the entered value for its sales to the
United States during the POR because the identities of the importers
were not known to Shin Yang. Accordingly, we calculated importer-
specific per-unit duty assessment rates by aggregating the total amount
of dumping calculated for the examined sales of each customer and
dividing each of these amounts by the total quantity (i.e., weight)
associated with those sales. To determine whether these importer-
specific per-unit assessment rates are de minimis, in accordance with
the requirement set forth in 19 CFR 351.106(c)(2), we calculated
importer-specific ad valorem rates based on the total amount of dumping
calculated for the examined sales of each customer divided by estimated
entered values for sales to the customer. Pursuant to 19 CFR
351.106(c)(2), we will instruct CBP to liquidate without regard to
antidumping duties all entries for which the aforementioned importer-
specific ad valorem rate is zero or de minimis; otherwise, we will
instruct CBP to liquidate the appropriate entries at the aforementioned
importer-specific per-unit assessment rates.
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003. This clarification will apply to entries of subject
merchandise during the POR produced by Shin Yang or Yieh Phui for which
these companies did not know were destined for the United States. In
such instances, we will instruct CBP to liquidate unreviewed entries at
the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction. For a full discussion of this
clarification, see Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of the notice of final results of administrative review for
all shipments of subject merchandise entered or withdrawn from
warehouse, for consumption, on or after the date of publication 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; (2) for merchandise
exported by manufacturers or exporters not covered in this review but
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
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 (now
including Yieh Phui) will continue to be 9.70 percent, the all-others
rate referenced in the Order. These cash deposit requirements, when
imposed, shall remain in effect until further notice.
Notifications
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 Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
This notice also serves as a 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). Timely written
notification of the return or destruction of APO materials, or
conversion to judicial protective order, is hereby requested. Failure
to comply
[[Page 71565]]
with the regulations and the terms of an APO is a sanctionable
violation.
These final results of administrative review are issued and
published in accordance with sections 751(a)(1) and 777(i)(1) of the
Act and 19 CFR 351.213(h).
Dated: November 22, 2013.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Issues Discussed in the Issues and Decision Memorandum
Issue 1: Reported Cost Offset Involving Non-Subject Merchandise
Issue 2: Reported Cost Offset Involving Prepayment of Facilities
[FR Doc. 2013-28693 Filed 11-27-13; 8:45 am]
BILLING CODE 3510-DS-P