[Federal Register Volume 74, Number 12 (Wednesday, January 21, 2009)]
[Notices]
[Pages 3559-3560]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-1115]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-008]


Certain Circular Welded Carbon Steel Pipes and Tubes from Taiwan: 
Notice of Intent to Rescind Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: In response to a request from Allied Tube & Conduit 
Corporation, a domestic interested party, the Department of Commerce 
(the Department) initiated an administrative review of the antidumping 
duty order on certain circular welded carbon steel pipes and tubes from 
Taiwan. This review covers one firm, Yieh Hsing Enterprise Co., Ltd. 
(Yieh Hsing), for the period May 1, 2007, through April 30, 2008. The 
Department intends to rescind this review after determining that Yieh 
Hsing did not have entries during the period of review (POR) upon which 
to assess antidumping duties.

EFFECTIVE DATE: January 21, 2009.

FOR FURTHER INFORMATION CONTACT: Steve Bezirganian or Robert James, AD/
CVD Operations, Office 7, Import Administration, 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: The Department published an antidumping duty 
order on certain circular welded carbon steel pipes and tubes from 
Taiwan on May 7, 1984. See Certain Circular Welded Carbon Steel Pipes 
and Tubes From Taiwan: Antidumping Duty Order, 49 FR 19369 (May 7, 
1984). The Department published a notice of ``Opportunity to Request an 
Administrative Review'' of the antidumping duty order for the period 
May 1, 2007, through April 30, 2008, on May 5, 2008. See Antidumping or 
Countervailing Duty Order, Finding, or Suspended Investigation; 
Opportunity To Request Administrative Review, 73 FR 24532 (May 5, 
2008). On May 30, 2008, Allied Tube & Conduit Corporation, a producer 
of the domestic like product, requested that the Department conduct an 
administrative review of Yieh Hsing's exports of merchandise covered by 
the order. In response to the request from Allied Tube & Conduit 
Corporation, on July 1, 2008, the Department published the initiation 
of the antidumping duty administrative review on certain

[[Page 3560]]

circular welded carbon steel pipes and tubes from Taiwan, pursuant to 
section 751(a) of the Tariff Act of 1930, as amended (the Act). See 
Initiation of Antidumping and Countervailing Duty Administrative 
Reviews and Requests for Revocation in Part, 73 FR 37409 (July 1, 
2008).
    On August 18, 2008, Yieh Hsing submitted a letter to the Department 
certifying that it had no shipments of subject merchandise to the 
United States during the POR. On August 20, 2008, Allied Tube & Conduit 
Corporation submitted a letter requesting that the review be extended 
to cover Yieh Phui Enterprise Company, Ltd. (Yieh Phui), noting that 
Yieh Phui had been found to be the successor-in-interest to Yieh Hsing 
in a prior proceeding. On August 25, 2008, Yieh Hsing and another 
interested party, SeAH Steel America (SeAH), each submitted letters 
objecting to the extension of the review to cover Yieh Phui. On August 
27, 2008, Allied Tube & Conduit Corporation filed a response to SeAH's 
comments, reiterating its request that the review be extended to cover 
Yieh Phui. On November 14, 2008, the Department determined that the 
review should not be extended to Yieh Phui. See the November 14, 2008 
memorandum to the file entitled ``Treatment of Yieh Hsing Enterprise 
Co., Ltd. (Yieh Hsing) and Yieh Phui Enterprise Co. Ltd. (Yieh Phui): 
2007/2008 Administrative Review of the Antidumping Duty Order on 
Circular Welded Carbon Steel Pipes and Tubes from Taiwan.''
    On November 18, 2008, the Department conducted a data query of U.S. 
Customs and Border Protection (CBP) import entry information, and found 
no evidence of entries during the POR involving subject merchandise 
manufactured or shipped by Yieh Hsing. See the December 23, 2008, 
memorandum from Steve Bezirganian to the File. The Department issued a 
``No Shipment Inquiry'' to CBP, to confirm that there were no POR 
exports of subject merchandise manufactured and/or exported by Yieh 
Hsing. See CBP message number 8357202, dated December 22, 2008. CBP 
only responds to the Department's inquiry when CBP finds that there 
have been shipments. CBP did not respond to our inquiry. Therefore, we 
preliminarily determine there were no Yieh Hsing shipments or entries 
of subject merchandise exported by Yieh Hsing to the United States 
during the POR.

Scope of the Order

    The merchandise covered by the order is certain circular welded 
carbon steel pipes and tubes from Taiwan, which are defined as: welded 
carbon steel pipes and tubes, of circular cross section, with walls not 
thinner than 0.065 inch, and 0.375 inch or more but not over 4.5 inches 
in outside diameter, currently classified under 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 
subheadings are provided for convenience and customs purposes, the 
written description of the scope of the order is dispositive.

Intent To Rescind Administrative Review

    Pursuant to 19 CFR 351.213(d)(3), the Department may rescind an 
administrative review if it concludes that during the POR there were no 
entries, exports, or sales of the subject merchandise. The Department's 
practice, supported by precedent, requires that there be entries during 
the POR upon which to assess antidumping duties. See, e.g., Stainless 
Steel Bar from Italy: Preliminary Results of Antidumping Duty 
Administrative Review and Preliminary Rescission of Review, 70 FR 17656 
(April 7, 2005) unchanged in Stainless Steel Bar from Italy: Final 
Results of Antidumping Duty Administrative Review and Rescission of 
Review, 70 FR 46480 (August 10, 2005).
    Yieh Hsing certified that it had no entries of subject merchandise 
during the 2007-2008 POR, and the Department's review of official data 
from CBP did not indicate otherwise. Therefore, we have preliminarily 
determined that Yieh Hsing had no shipments of subject merchandise 
during the POR, and we intend to rescind the 2007-2008 administrative 
review.

Public Comment

    Interested parties may submit case briefs not later than 30 days 
after the date of publication of this notice. See 19 CFR 351.309(c). 
Rebuttal briefs, which must be limited to issues raised in such briefs, 
must be filed not later than five days after the time limit for filing 
casing briefs. See 19 CFR 351.309(d). Parties who submit arguments are 
requested to submit with the argument (1) a statement of the issue, (2) 
a brief summary of the argument, and (3) a table of authorities. 
Further, parties submitting written comments should provide the 
Department with an additional copy of the public version of any such 
comments on diskette. An interested party may request a hearing within 
30 days of publication of this notice. Any hearing, if requested, will 
be held 37 days after the date of publication of this notice, or the 
first working day thereafter. See 19 CFR 351.310. We will issue our 
final decision concerning the conduct of the review no later than 120 
days from the date of publication of this notice.
    This notice is published in accordance with section 777(i)(1) of 
the Act and 19 CFR 351.213(d)(4).

    Dated: January 13, 2009.
Gary Taverman,
Acting Deputy Assistant Secretaryfor Antidumping and Countervailing 
Duty Operations.
[FR Doc. E9-1115 Filed 1-16-09; 8:45 am]
BILLING CODE 3510-DS-S