[Federal Register Volume 79, Number 117 (Wednesday, June 18, 2014)]
[Notices]
[Pages 34720-34722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-14291]
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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; 2012-
2013
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
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, 2012, through April 30, 2013, and the review covers
Shin Yang Steel Co., Ltd. (Shin Yang), a producer and exporter of
subject merchandise. We preliminarily find that sales of the subject
merchandise were not made at prices below normal value.
DATES: Effective Date: June 18, 2014.
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:
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,
[[Page 34721]]
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 Christian Marsh, Deputy Assistant Secretary
for Antidumping and Countervailing Duty Operations, to Paul Piquado,
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; 2012-2013'' (dated concurrently with this
notice) (Preliminary Decision Memorandum), which is hereby adopted
by this notice.
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Methodology
For a full description of the methodology underlying our
conclusions, please see the Preliminary Decision Memorandum.\2\ 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 (IA ACCESS).
Access to IA ACCESS is available to registered users at http://iaaccess.trade.gov and to all parties in the Central Records Unit
(CRU), room 7046 of the main Department of Commerce building. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly on the Internet at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the electronic
versions of the Preliminary Decision Memorandum are identical in
content.
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\2\ A list of the topics discussed in the Preliminary Decision
Memorandum appears in the Appendix of this notice.
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The Department is conducting this review in accordance with section
751(a)(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
is calculated in accordance with section 773 of the Act. For a full
description of the methodology underlying our conclusions, please see
the Preliminary Decision Memorandum.
Preliminary Results of the Review
As a result of this review, we preliminarily determine that a
weighted-average dumping margin of 0.00 percent exists for Shin Yang
for the POR.
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.\3\ Pursuant
to 19 CFR 351.309(c), interested parties may submit case briefs no
later than 30 days after the date of publication of this notice.
Rebuttal briefs, limited to issues raised in the case briefs, may be
filed no later than five days after the date for filing case briefs.\4\
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.\5\ Case and rebuttal briefs should be filed using IA
ACCESS.\6\ An electronically filed document must be received
successfully in its entirety by the Department's electronic records
system IA ACCESS, by 5 p.m. Eastern Time on the day on which it is due.
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\3\ See 19 CFR 351.224(b).
\4\ See 19 CFR 351.309(d).
\5\ See 19 CFR 351.309(c)(2) and (d)(2).
\6\ See 19 CFR 351.303.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, or to participate if one is requested, must submit a
written request to the Assistant Secretary for Import Administration,
filed electronically via IA ACCESS within 30 days after the date of
publication of this notice.\7\ 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 briefs.
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\7\ See 19 CFR 351.310(c).
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The Department will 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 this administrative review, pursuant to 19 CFR
351.212(b), the Department will calculate importer-specific assessment
rates for each respondent whose weighted-average dumping margin is not
zero or de minimis (i.e., less than 0.5 percent). If a respondent's
weighted-average dumping margin is zero or de minimis, then the
Department will instruct U.S. Customs and Border Protection (CBP) to
liquidate all appropriate entries without regard to antidumping duties.
The Department intends to issue appropriate assessment instructions
directly 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.
The Department clarified its automatic assessment regulation on May
6, 2003.\8\ This clarification will apply to entries of subject
merchandise during the POR produced by Shin Yang for which the record
of this administrative review indicates they did not know was destined
for the United States. In such instances, we will instruct CBP to
liquidate these entries at the all-others rate if there is no rate for
the intermediate company(ies) involved in the transaction.
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\8\ For a full discussion of this clarification, see Antidumping
and Countervailing Duty Proceedings: Assessment of Antidumping
Duties, 68 FR 23954 (May 6, 2003).
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Cash Deposit Requirements
The following cash deposit requirements for estimated antidumping
duties will be effective upon publication of the notice of final
results of administrative review for all shipments of certain circular
welded carbon steel pipes and tubes from Taiwan entered, or withdrawn
from warehouse, for consumption on or after the date of publication as
provided by section 751(a)(2) of the Act: (1) The cash deposit for Shin
Yang will be equal to the weighted-average dumping margin established
in the final results of this administrative review; (2) for merchandise
exported by manufacturers or exporters not covered in this review but
covered in a previously completed segment of this 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
[[Page 34722]]
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 in which that manufacturer or exporter participated;
and (4) the cash deposit rate for all other manufacturers or exporters
will continue to be 9.70 percent, the all-others rate referenced in
Certain Circular Welded Carbon Steel Pipes and Tubes From Taiwan:
Antidumping Duty Order, 49 FR 19369 (May 7, 1984). These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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.
This notice also serves as a preliminary 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, will be requested. Failure to
comply with the regulations and the 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 and 19 CFR 351.213(h)(1).
Dated: June 10, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
Summary
Background
Scope of the Order
Fair Value Comparisons
Product Comparisons
Determination of Comparison Method
Results of the Differential Pricing Analysis
Date of Sale
Export Price
Level of Trade
Normal Value
Currency Conversion
Conclusion
[FR Doc. 2014-14291 Filed 6-17-14; 8:45 am]
BILLING CODE 3510-DS-P