89 FR 156 pgs. 65849-65852 - Welded Stainless Steel Pressure Pipe From the Socialist Republic of Vietnam: Preliminary Results of Antidumping Duty Administrative Review; 2022-2023
Type: NOTICEVolume: 89Number: 156Pages: 65849 - 65852
Pages: 65849, 65850, 65851, 65852Docket number: [A-552-816]
FR document: [FR Doc. 2024-17997 Filed 8-12-24; 8:45 am]
Agency: Commerce Department
Sub Agency: International Trade Administration
Official PDF Version: PDF Version
[top]
DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-816]
Welded Stainless Steel Pressure Pipe From the Socialist Republic of Vietnam: Preliminary Results of Antidumping Duty Administrative Review; 2022-2023
AGENCY:
Enforcement and Compliance, International Trade Administration, Department of Commerce.
SUMMARY:
The U.S. Department of Commerce (Commerce) preliminarily determines that Sonha SSP Vietnam Sole Member Company Limited (Sonha SSP) and Vinlong Stainless Steel (Vietnam) Co., Ltd. (Vinlong) sold subject merchandise to the United States at less than normal value (NV) during the period of review (POR) July 1, 2022, through June 30, 2023.
DATES:
Applicable August 13, 2024.
FOR FURTHER INFORMATION CONTACT:
[top] Luke Caruso or Maisha Cryor, AD/CVD Operations, Office IV, Enforcement and
SUPPLEMENTARY INFORMATION:
Background
On July 21, 2014, Commerce published in the Federal Register the antidumping duty (AD) order on welded stainless steel pressure pipe (welded pressure pipe) from Socialist Republic of Vietnam (Vietnam). On July 3, 2023, Commerce published in the Federal Register a notice of opportunity to request an administrative review of the Order. 1
Footnotes:
1 ? See Welded Stainless Pressure Pipe from Malaysia, Thailand, and the Socialist Republic of Vietnam: Antidumping Duty Orders, 79 FR 42289 (July 21, 2014) ( Order ); and Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review and Join Annual Inquiry Service List, 87 FR 39461 (July 3, 2023).
On September 11, 2023, Commerce published in the Federal Register the initiation notice of an administrative review of the AD Order on welded pressure pipe from Vietnam. 2 Commerce selected Sonha SSP and Vinlong as mandatory respondents in this administrative review. 3 On March 8, 2024, Commerce extended the deadline for these preliminary results to July 30, 2024. 4 On July 22, 2024, Commerce tolled certain deadlines in this administrative proceeding by seven days. 5 The deadline for these preliminary results is now August 6, 2024. For a complete description of the events that followed the initiation of this administrative review, see the Preliminary Decision Memorandum. 6
Footnotes:
2 ? See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 88 FR 62322 (September 11, 2023) ( Initiation Notice ).
3 ? See Memorandum, "Respondent Selection," dated November 27, 2023.
4 ? See Memorandum, "Extension of Deadline for Preliminary Results of Antidumping Duty Administrative Review," dated March 8, 2024.
5 ? See Memorandum, "Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings," dated July 22, 2024.
6 ? See Memorandum, "Decision Memorandum for the Preliminary Results of the Antidumping Duty Administrative Review: Welded Stainless Steel Pressure Pipe from the Socialist Republic of Vietnam, 2022-2023," dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum).
Scope of the Order
The merchandise covered by this Order is circular welded austenitic stainless pressure pipe not greater than 14 inches in outside diameter. A full description of the scope of the Order is contained in the Preliminary Decision Memorandum. 7
Footnotes:
7 ? Id.
Vietnam-Wide Entity
Under Commerce's policy regarding the conditional review of the Vietnam-wide entity, 8 the Vietnam-wide entity will not be under review unless a party specifically requests, or Commerce self-initiates, a review of the entity. Because no party requested a review of the Vietnam-wide entity in this review, the entity is not under review, and the entity's rate ( i.e., 16.25) is not subject to change. 9
Footnotes:
8 ? See Antidumping Proceedings: Announcement of Change in Department Practice for Respondent Selection in Antidumping Duty Proceedings and Conditional Review of the Nonmarket Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
9 ? See Order.
With the exception of Sonha SSP and Vinlong, Commerce considers all other companies for which a review was requested and did not demonstrate separate rate eligibility to be part of the Vietnam-wide entity. 10 For these preliminary results, we consider Mejonson Industrial Vietnam Co., Ltd., to be part of the Vietnam-wide entity because it did not file a separate rate application or certification. For additional information, see the Preliminary Decision Memorandum.
Footnotes:
10 ? See Initiation Notice.
Methodology
Commerce is conducting this review in accordance with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). We calculated export price in accordance with section 772 of the Act. Because Vietnam is a non-market economy country within the meaning of section 771(18) of the Act, we calculated NV in accordance with section 773(c) 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 https://access.trade.gov. A list of topics discussed in the Preliminary Decision Memorandum is included in Appendix I of this notice. In addition, a complete version of the Preliminary Decision Memorandum can be found at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Preliminary Results of the Administrative Review
Commerce preliminarily determines that the following estimated weighted-average dumping margins exist for the administrative review covering the period July 1, 2022, through June 30, 2023:
| Exporter | Weighted-average dumping margin (percent) |
|---|---|
| Sonha SSP Vietnam Sole Member Company Limited/Sonha International Corporation? 11 | 144.51 |
| Vinlong Stainless Steel (Vietnam) Co., Ltd | 144.51 |
| Vietnam-wide Entity | 16.25 |
Disclosure and Public Comment
Footnotes:
11 ?We are treating these companies as a single entity for puposes of this review. For a complete discussion, see Memorandum, "Affliation and Collapsing of Sonha International and Sonha SSP Vietnam Sole Member Company Limited," dated concurrently with this this memorandum.
[top] We intend to disclose the calculations performed to parties within five days after public announcement of the preliminary results or, if there is no public announcement, within five days of the date of publication of this notice. 12 Interested parties may submit case briefs no later than 30 days after the date of publication of this notice. 13 Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than five days after the date for filing case briefs. 14 Interested parties who submit case or rebuttal briefs in this
Footnotes:
12 ? See 19 CFR 351.224(b).
13 ? See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 (for general filing requirements).
14 ? See 19 CFR 351.309(d); see also Administrative Protective Order, Service, and Other Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 2023) ( APO and Service Procedures ).
15 ? See 19 CFR 351.309(c)(2) and (d)(2).
As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior proceedings we have encouraged interested parties to provide an executive summary of their briefs that should be limited to five pages total, including footnotes. In this review, we instead request that interested parties provide at the beginning of their briefs a public, executive summary for each issue raised in their briefs. 16 Further, we request that interested parties limit their public executive summary of each issue to no more than 450 words, not including citations. We intend to use the public executive summaries as the basis of the comment summaries included in the issues and decision memorandum that will accompany the final results in this administrative review. We request that interested parties include footnotes for relevant citations in the public executive summary of each issue. Note that Commerce has amended certain of its requirements pertaining to the service of documents in 19 CFR 351.303(f). 17
Footnotes:
16 ?We use the term "issue" here to describe an argument that Commerce would normally address in a comment of the Issues and Decision Memorandum.
17 ? See APO and Service Procedures .
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. 18 Requests should contain: (1) the party's name, address, and telephone number; (2) the number of participants and whether any participant is a foreign national; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to those raised in case and rebuttal briefs. 19 If a request for a hearing is made, Commerce intends to hold the hearing at a time and date to be determined. A hearing request must be filed electronically using ACCESS and received in its entirety by 5:00 p.m. Eastern Time within 30 days after the publication of this notice.
Footnotes:
18 ? See 19 CFR 351.310(c).
19 ? See 19 CFR 351.310.
Final Results of Review
Unless the deadline is extended, Commerce intends to issue the final results of this review, including the results of its analysis of the issues raised in any written briefs, no later than 120 days after the date of publication of this notice, pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h).
Assessment Rates
Upon issuing the final results, Commerce will determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries covered by this review. 20 Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of the final results of this review in the Federal Register . If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired ( i.e., within 90 days of publication).
Footnotes:
20 ? See 19 CFR 351.212(b)(1).
For each individually examined respondent in this review whose weighted-average dumping margin in the final results of review is not zero or de minimis ( i.e., less than 0.5 percent), Commerce intends to calculate importer/customer-specific assessment rates. 21 Where the respondent reported reliable entered values, Commerce intends to calculate importer/customer-specific ad valorem assessment rates by aggregating the amount of dumping calculated for all U.S. sales to the importer/customer and dividing this amount by the total entered value of the merchandise sold to the importer/customer. 22 Where the respondent did not report entered values, Commerce will calculate importer/customer-specific assessment rates by dividing the amount of dumping for reviewed sales to the importer/customer by the total quantity of those sales. Commerce will calculate an estimated ad valorem importer/customer-specific assessment rate to determine whether the per-unit assessment rate is de minimis; however, Commerce will use the per-unit assessment rate where entered values were not reported. 23 Where an importer/customer-specific ad valorem assessment rate is not zero or de minimis, Commerce will instruct CBP to collect the appropriate duties at the time of liquidation. Where either the respondent's weighted average dumping margin is zero or de minimis, or an importer/customer-specific ad valorem assessment rate is zero or de minimis, Commerce will instruct CBP to liquidate appropriate entries without regard to antidumping duties. 24
Footnotes:
21 ? See Antidumping Proceedings: Calculation of the Weighted Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings: Final Modification, 77 FR 8101 (February 14, 2012) ( Final Modification ).
22 ? See 19 CFR 351.212(b)(1).
23 ? Id .
24 ? See Final Modifications, 77 FR at 8103.
Pursuant to Commerce's refinement to its practice, for sales that were not reported in the U.S. sales database submitted by a respondent individually examined during this review, Commerce will instruct CBP to liquidate the entry of such merchandise at the dumping margin assigned to the Vietnam-wide entity. 25 For respondents not individually examined in this administrative review that qualified for a separate rate, the assessment rate will be equal to the weighted-average dumping margin assigned to the respondent in the final results of this review. 26
Footnotes:
25 ?For a full discussion of this practice, see Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011).
26 ? See Drawn Stainless Steel Sinks from the People's Republic of China: Preliminary Results of the Antidumping Duty Administrative Review and Preliminary Determination of No Shipments: 2014-2015, 81 FR 29528 (May 12, 2016), and accompanying PDM at 10-11, unchanged in Drawn Stainless Steel Sinks from the People's Republic of China: Final Results of Antidumping Duty Administrative Review; Final Determination of No Shipments; 2014-2015, 81 FR 54042 (August 15, 2016).
Additionally, where Commerce determines that an exporter under review had no shipments of subject merchandise to the United States during the POR, any suspended entries of subject merchandise that entered under that exporter's CBP case number during the POR will be liquidated at the dumping margin assigned to the Vietnam-wide entity.
In accordance with section 751(a)(2)(C) of the Act, the final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by the final results of this review and for future deposits of estimated antidumping duties, where applicable.
Cash Deposit Requirements
[top] 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) for the exporters listed above, the cash deposit rate will be equal to the weighted-average dumping margins established in the final results of this review, except if the rate is de minimis, in which case the cash deposit rate will be zero; (2) for previously-examined Vietnamese and non-Vietnamese exporters not listed above that at the time of entry are eligible for a separate rate base on a prior completed segment of this proceeding, the cash deposit rate
Notification to Importers
This notice 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 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
Commerce is issuing and publishing the preliminary results of this review in accordance with sections 751(a)(1)(B) and 777(i) of the Act, and 19 CFR 351.221(b)(4).
Dated: August 6, 2024.
Scot Fullerton,
Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Application of Facts Available With Adverse Inference
V. Affiliation and Collapsing
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2024-17997 Filed 8-12-24; 8:45 am]
BILLING CODE 3510-DS-P