74904 Federal Register / Vol. 89, No. 178 / Friday, September 13, 2024 / Notices 

28 28 For a full discussion of this practice, see 

Non-Market Economy Antidumping Proceedings: 

Assessment of Antidumping Duties, 76 FR 65694 

(October 24, 2011). 

1See Light-Walled Rectangular Pipe and Tube 

from the People’s Republic of China: Countervailing 

Duty Order, 73 FR 45405 (August 5, 2008) (Order). 

2See Antidumping or Countervailing Duty Order, 

Finding, or Suspended Investigation; Opportunity 

To Request Administrative Review and Join annual 

Inquiry Service List, 88 FR 50840 (August 2, 2023). 

entries without regard to antidumping 

duties. 

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 China-wide 

entity.28 Additionally, where Commerce 

determines that an exporter under 

review had no shipments of subject 

merchandise 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 

antidumping duty assessment rate for 

the China-wide entity. 

For the companies for which this 

review is rescinded with these 

preliminary results, we will instruct 

CBP to assess antidumping duties on all 

appropriate entries at a rate equal to the 

cash deposit of estimated antidumping 

duties required at the time of entry, or 

withdrawal from warehouse, for 

consumption, during the POR, in 

accordance with 19 CFR 351.212(c)(l)(i). 

For the companies rescinded from 

review, Commerce intends to issue 

assessment instructions to CBP 35 days 

after the publication of this notice in the 

Federal Register. 

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 ADs, where 

applicable. 

Cash Deposit Requirements 

The following cash deposit 

requirements will be effective upon 

publication of the final results of this 

review for all shipments of the subject 

merchandise from China entered, or 

withdrawn from warehouse, for 

consumption on or after the date of 

publication of the notice of the final 

results of administrative review in the 

Federal Register, as provided for by 

section 751(a)(2)(C) of the Act: (1) for 

the companies that have a separate rate, 

the cash deposit rate will be that rate 

established in the final results of this 

review (except, if the rate is de minimis, 

then a cash deposit rate of zero will be 

required); (2) for previously investigated 

or reviewed Chinese and non-Chinese 

exporters for which a review was not 

requested and that received a separate 

rate in a prior segment of this 

proceeding, the cash deposit rate will 

continue to be the existing exporterspecific rate; (3) for all Chinese 

exporters of subject merchandise that 

have not been found to be entitled to a 

separate rate, the cash deposit rate will 

be the rate for the China-wide entity 

(i.e., 322.25 percent); and (4) for all nonChinese exporters of subject 

merchandise that have not received 

their own rate, the cash deposit rate will 

be the rate applicable to the Chinese 

exporter that supplied that non-Chinese 

exporter. These cash deposit 

requirements, when imposed, shall 

remain in effect until further notice. 

Final Results of Review 

Unless otherwise extended, we intend 

to issue the final results of this 

administrative review, which will 

include the results of our analysis of the 

issues raised in the case and rebuttal 

briefs, within 120 days of publication of 

these preliminary results in the Federal 

Register, pursuant to section 

751(a)(3)(A) of the Act and 19 CFR 

351.213(h). 

Notification to Importers 

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 and/or countervailing 

duties prior to liquidation of the 

relevant entries during this review 

period. Failure to comply with this 

requirement could result in Commerce’s 

presumption that reimbursement of 

antidumping and/or countervailing 

duties occurred and the subsequent 

assessment of double antidumping 

duties, and/or an increase in the amount 

of antidumping duties by the amount of 

the countervailing duties. 

Notification to Interested Parties 

We are issuing and publishing the 

preliminary results of this review in 

accordance with sections 751(a)(l) and 

777(i)(l) of the Act, 19 CFR 

351.213(d)(4), and 19 CFR 351.221(b)(4). 

Dated: September 6, 2024. 

Abdelali Elouaradia, 

Deputy Assistant Secretary for Enforcement 

and Compliance. 

Appendix—List of Topics Discussed in 

the Preliminary Decision Memorandum 

I. Summary 

II. Background 

III. Scope of the Order 

IV. Preliminary Determination of No 

Shipments 

V. Partial Recission of Administrative Review 

VI. Discussion of the Methodology 

VII. Adjustment Under Section 777(A)(f) of 

the Act 

VIII. Currency Conversion 

IX. Recommendation 

[FR Doc. 2024–20780 Filed 9–12–24; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–570–915] 

Light-Walled Rectangular Pipe and 

Tube From the People’s Republic of 

China: Preliminary Results and 

Preliminary Determination of No 

Shipments; 2022 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The U.S Department of 

Commerce (Commerce) is conducting 

the administrative review of the 

countervailing duty (CVD) order on 

light-walled rectangular pipe and tube 

(LWRPT) from the People’s Republic of 

China (China). The period of review 

(POR) is January 1, 2022, through 

December 31, 2022. Commerce 

preliminarily finds that Hoa Phat Steel 

Pipe Company Limited (Hoa Phat) had 

no subject shipments of LWRPT and 

that Hoa Phat will be eligible to 

participate in the certification program 

previously established with respect to 

the CVD order on LWRPT from China. 

We invite interested parties to comment 

on these preliminary results. 

DATES: Applicable September 13, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Christopher Hargett, AD/CVD 

Operations, Office II, Enforcement and 

Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230; telephone: 

(202) 482–4161. 

SUPPLEMENTARY INFORMATION: 

Background 

On August 5, 2008, Commerce 

published in the Federal Register the 

CVD order on LWRPT from China.1 On 

August 2, 2023, Commerce notified 

interested parties of the opportunity to 

request an administrative review of the 

Order.2 On August 30, 2023, Hoa Phat 

requested that Commerce conduct an 

administrative review of its exports to 


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Federal Register / Vol. 89, No. 178 / Friday, September 13, 2024 / Notices 74905 

3See Hoa Phat Letter, ‘‘Request for 

Administrative Review,’’ dated August 30, 2023. 

4 Id. As background, in Light-Walled Rectangular 

Pipe and Tube From the People’s Republic of 

China: Preliminary Affirmative Determination of 

Circumvention of the Antidumping Duty and 

Countervailing Duty Orders, 88 FR 21985–21986 

(April 12, 2023) (Preliminary Circumvention 

Determination), and accompanying Preliminary 

Decision Memorandum (PDM) at 4–6, Commerce 

preliminarily determined that Hoa Phat had failed 

to cooperate in the circumvention proceeding and 

applied facts available with adverse inferences to 

determine that Hoa Phat was not eligible to 

participate in the certification regime established in 

the circumvention proceeding. In the final 

determination, Commerce continued to find that 

Hoa Phat was ineligible to participate in the 

certification regime. See Light-Walled Rectangular 

Pipe and Tube from the People’s Republic of China: 

Final Affirmative Determination of Circumvention 

of the Antidumping Duty and Countervailing Duty 

Orders, 88 FR 77283 (November 9, 2023) 

(Circumvention Final Determination), and 

accompanying Issues and Decision Memorandum 

(IDM) at Comment 3. 

5See GS Global Letter, ‘‘Request for 

Administrative Review’’ dated August 31, 2023. 

6See Initiation of Antidumping and 

Countervailing Duty Administrative Reviews, 88 FR 

71829 (October 18, 2023) (Initiation Notice). 

7See Circumvention Final Determination, 88 FR 

at 77284. 

8 Id., 88 FR at 77285. 

9See Memorandum, ‘‘Notification of Procedure 

for Determining Certification Eligibility in 

Administrative Reviews of the Antidumping and 

Countervailing Duty Orders,’’ dated March 11, 2024 

(Notification of Procedure Memorandum). 

10 Id. 

11See Memorandum, ‘‘Extension of Deadline for 

Preliminary Results of Countervailing Duty 

Administrative Review,’’ dated April 12, 2024. 

12See Memorandum, ‘‘Tolling of Deadlines for 

Antidumping and Countervailing Duty 

Proceedings,’’ dated July 22, 2024. 

13See unpublished Federal Register Notice 

entitled, ‘‘Light-Walled Rectangular Pipe and Tube 

from the People’s Republic of China: Preliminary 

Results and Partial Rescission of Antidumping Duty 

Administrative Review, and Preliminary 

Determination of No Shipments; 2022–2023,’’ dated 

concurrently with this notice, and accompanying 

PDM. 

14 Id. 

determine whether those exports are 

covered by the CVD Order on LWPRT 

from China.3 In its review request, Hoa 

Phat further explained that it sought an 

administrative review so that Commerce 

would permit it to submit certifications 

to U.S. Customs and Border Protection 

(CBP) to properly declare the origin of 

the hot-rolled steel (HRS) that it used to 

produce the LWRPT it exported.4 On 

August 31, 2023, GS Global USA, Inc. 

(GS Global) requested that Commerce 

conduct an administrative review of 

Hoa Phat’s exports.5

Subsequently, we initiated an 

administrative review of the Order with 

respect to Hoa Phat.6

On November 9, 2023, we published 

in the Federal Register the 

Circumvention Final Determination, in 

which we: (1) determined that certain 

LWRPT exported from the Socialist 

Republic of Vietnam (Vietnam) and 

entered into the United States was 

circumventing the Order and therefore 

is now covered by the Order; and (2) 

established a certification program to 

allow eligible producers and exporters 

of LWRPT exported from Vietnam to 

certify that entries of LWRPT exported 

from Vietnam are not subject to the 

Order.7 We also indicated that we 

would allow interested parties to 

request reviews of LWRPT shipped from 

Vietnam and suspended under the 

Order that entered during the upcoming 

anniversary month of the Order (i.e., 

August).8

Due to the common prerequisite 

issues in the concurrent administrative 

reviews of the antidumping duty (AD) 

and CVD orders, i.e., the origin of the 

HRS used in Hoa Phat’s production and/ 

export of LWRPT and whether Hoa Phat 

is eligible to certify that origin with 

CBP, on March 11, 2024, Commerce 

notified all interested parties of its 

intent to address Hoa Phat’s certification 

eligibility in the CVD administrative 

review in the context of the concurrent 

AD review of Hoa Phat and adopt the 

AD findings in the CVD review.9

Commerce also instructed all interested 

parties to file any future submissions 

that related to this issue on the record 

of both proceedings. Additionally, 

regarding previously filed submissions 

related to these issues that were only on 

the record of the AD administrative 

review, Commerce instructed all 

interested parties who filed such 

submissions to file those submissions 

on the record of the CVD administrative 

review.10

On April 12, 2024, Commerce 

extended the deadline for these 

preliminary results to August 30, 

2024.11 On July 22, 2024, Commerce 

tolled certain deadlines in this 

administrative proceeding by seven 

days.12 The deadline for the preliminary 

results is now September 6, 2024. 

Scope of the Order 

The merchandise subject to this Order 

is certain welded carbon quality lightwalled steel pipe and tube, of 

rectangular (including square) cross 

section, having a wall thickness of less 

than 4 mm. The term carbon-quality 

steel includes both carbon steel and 

alloy steel which contains only small 

amounts of alloying elements. 

Specifically, the term carbon-quality 

includes products in which none of the 

elements listed below exceeds the 

quantity by weight respectively 

indicated: 1.80 percent of manganese, or 

2.25 percent of silicon, or 1.00 percent 

of copper, or 0.50 percent of aluminum, 

or 1.25 percent of chromium, or 0.30 

percent of cobalt, or 0.40 percent of 

lead, or 1.25 percent of nickel, or 0.30 

percent of tungsten, or 0.10 percent of 

molybdenum, or 0.10 percent of 

niobium, or 0.15 percent vanadium, or 

0.15 percent of zirconium. The 

description of carbon-quality is 

intended to identify carbon-quality 

products within the scope. The welded 

carbon-quality rectangular pipe and 

tube subject to this Order is currently 

classified under the Harmonized Tariff 

Schedule of the United States (HTSUS) 

subheadings 7306.61.50.00 and 

7306.61.70.60. While HTSUS 

subheadings are provided for 

convenience and CBP’s customs 

purposes, our written description of the 

scope of the Order is dispositive. 

Methodology 

For the preliminary results of this 

CVD review, Commerce is hereby 

adopting the preliminary finding and 

Preliminary Decision Memorandum 

issued in the concurrent AD 

administrative review only with respect 

to Hoa Phat. For a full description of the 

methodology underlying the results, see 

the Preliminary Decision Memorandum 

adopted by reference, in this CVD 

review.13 Commerce preliminarily 

found that Hoa Phat had no subject 

shipments of LWRPT and is eligible to 

participate in the previously established 

certification program.14 The AD 

Preliminary Decision Memorandum is a 

public document and is made available 

to the public 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. In addition, a 

complete version of the AD Preliminary 

Decision Memorandum is available at 

https://access.trade.gov/public/ 

FRNoticesListLayout.aspx. 

Thus, if our preliminary finding in the 

concurrent AD administrative review is 

unchanged in the final results, we will 

determine in the final results of this 

CVD review that Hao Phat will be 

eligible to participate in the certification 

program previously established with 

respect to the CVD Order on LWRPT 

from China as of the publication date of 

the final results. 

Public Comment 

Because Commerce intends to 

conduct verification of the 

questionnaire responses of Hoa Phat in 

the concurrent AD review, the results of 

which will be adopted in this CVD 

review, interested parties will be 

notified of the deadline for the 


khammond on DSKJM1Z7X2PROD with NOTICES
74906 Federal Register / Vol. 89, No. 178 / Friday, September 13, 2024 / Notices 

15See 19 CFR 351.303 (for general filing 

requirements). 

16See 19 CFR 351.212(b)(1). 

17See Final Circumvention Determination. 

1See 2,4-Dichlorophenoxyacetic Acid from the 

People’s Republic of China and India: Initiation of 

Countervailing Duty Investigations, 89 FR 34205 

(April 30, 2024) (Initiation Notice). 

2See 2,4-Dichlorophenoxyacetic Acid from the 

People’s Republic of China and India: 

Postponement of Preliminary Determinations in the 

Countervailing Duty Investigations, 89 FR 48891 

(June 10, 2024). 

3See Memorandum, ‘‘Tolling of Deadlines for 

Antidumping and Countervailing Duty 

Proceedings,’’ dated July 22, 2024. 

4See Memorandum, ‘‘Decision Memorandum for 

the Preliminary Affirmative Determination of the 

Countervailing Duty Investigation of 2,4- 

Dichlorophenoxyacetic Acid from the People’s 

Republic of China,’’ dated concurrently with, and 

hereby adopted by, this notice (Preliminary 

Decision Memorandum). 

5See Antidumping Duties; Countervailing Duties, 

Final Rule, 62 FR 27296, 27323 (May 19, 1997) 

(Preamble). 

6See Initiation Notice, 89 FR at 34206. 

7See Commerce’s Letter, ‘‘Scope Supplemental 

Questions,’’ dated June 4, 2024. 

submission of case briefs at a later 

date.15 The case briefs submitted in the 

AD and CVD reviews must be identical, 

and Commerce will consider all case 

brief arguments in the concurrent AD 

review. As noted above, Commerce 

intends to adopt the final findings in the 

concurrent AD proceeding in the final 

results of this CVD administrative 

review. 

Assessment Rates 

Upon issuance of the final results of 

this review, Commerce will determine, 

and CBP will assess, CVD duties on all 

appropriate entries covered by this 

review.16 We intend to instruct CBP to 

liquidate entries of LWRPT exported by 

Hoa Phat without regard to 

countervailing duties if these 

preliminary results are unchanged for 

the final results. 

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). 

Cash Deposit Requirements 

The following cash deposit 

requirements will be effective upon 

publication of the final results of this 

administrative review 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 review, as 

provided for by section 751(a)(2)(C) of 

the Act: (1) for Hoa Phat, the cash 

deposit rate will remain unchanged (i.e., 

255.07 percent),17 unless the company 

satisfies the certification requirements 

in the Final Circumvention 

Determination; and (2) for all companies 

not subject to this review, CBP will 

continue to collect cash deposits of 

estimated countervailing duties at the 

all-others rate or the most recent 

company-specific rate applicable to the 

company, as appropriate. These deposit 

requirements, when imposed, shall 

remain in effect until further notice. 

Final Results of Review 

Unless otherwise extended, 

Commerce intends to issue the final 

results of this administrative review, by 

adopting the findings in the concurrent 

AD review, within 120 days of 

publication of these preliminary results 

of review, pursuant to section 

751(a)(3)(A) of the Act. 

Notification to Interested Parties 

This determination is issued and 

published in accordance with sections 

751(a)(1) and 777(i)(1) of the Act and 19 

CFR 351.221(b)(4). 

Dated: September 6, 2024. 

Abdelali Elouaradia, 

Deputy Assistant Secretary for Enforcement 

and Compliance. 

[FR Doc. 2024–20773 Filed 9–12–24; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–570–161] 

2,4-Dichlorophenoxyacetic Acid From 

the People’s Republic of China: 

Preliminary Affirmative Countervailing 

Duty Determination and Alignment of 

Final Determination With Final 

Antidumping Duty Determination 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The U.S. Department of 

Commerce (Commerce) preliminarily 

determines that countervailable 

subsidies are being provided to 

producers and exporters of 2,4- 

dichlorophenoxyacetic acid (2,4-D) from 

the People’s Republic of China (China). 

The period of investigation (POI) is 

January 1, 2023, through December 31, 

2023. Interested parties are invited to 

comment on this preliminary 

determination. 

DATES: Applicable September 13, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Claudia Cott or Thomas Schauer, AD/ 

CVD Operations, Office I, Enforcement 

and Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230; telephone: 

(202) 482–4270 or (202) 482–0410, 

respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

This preliminary determination is 

made in accordance with section 703(b) 

of the Tariff Act of 1930, as amended 

(the Act). Commerce published the 

notice of initiation of this countervailing 

duty (CVD) investigation on April 30, 

2024.1 On June 10, 2024, Commerce 

postponed the preliminary 

determination until September 3, 2024.2

On July 22, 2024, Commerce tolled 

certain deadlines in this administrative 

proceeding by seven days.3 The 

deadline for the preliminary 

determination is now September 9, 

2024. 

For a complete description of events 

that followed the initiation of this 

investigation, see the Preliminary 

Decision Memorandum.4 A list of topics 

discussed in the Preliminary Decision 

Memorandum is included as Appendix 

II to this notice. 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. In addition, a complete 

version of the Preliminary Decision 

Memorandum can be accessed directly 

at https://access.trade.gov/public/ 

FRNoticesListLayout.aspx. 

Scope of the Investigation 

The product covered by this 

investigation is 2,4-D from China. For a 

complete description of the scope of this 

investigation, see Appendix I. 

Scope Comments 

In accordance with the Preamble to 

Commerce’s regulations,5 the Initiation 

Notice set aside a period of time for 

parties to raise issues regarding product 

coverage (i.e., scope).6 Commerce issued 

a supplemental questionnaire on June 4, 

2024, requesting clarification regarding 

two of the Harmonized Tariff Schedule 

of the United States (HTSUS) 

subheadings under which the subject 

merchandise may also be classified.7 On 


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