[Federal Register Volume 78, Number 132 (Wednesday, July 10, 2013)]
[Notices]
[Pages 41369-41371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-16576]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-485-805]


Certain Small Diameter Carbon and Alloy Seamless Standard, Line 
and Pressure Pipe From Romania: Preliminary Results of Antidumping Duty 
Administrative Review; 2011-2012

AGENCY: Import Administration, 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 small 
diameter carbon and alloy seamless standard, line and pressure pipe 
(small diameter seamless pipe) from Romania. The period of review (POR) 
is August 1, 2011, through July 31, 2012. The review covers two 
producers/exporters of the subject merchandise, ArcelorMittal Tubular 
Products Roman S.A. (AMTP) and Canadian Natural Resources Limited 
(CNRL). We preliminarily find that AMTP has not sold subject 
merchandise at less than normal value. We also preliminarily find that 
CNRL's entries of subject merchandise should be liquidated without 
regard to antidumping duties.

DATES: Effective Date: July 10, 2013.

FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov or Minoo Hatten, AD/
CVD Operations, Office 1, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
0665, and (202) 482-1690, respectively.

SUPPLEMENTARY INFORMATION:

Scope of the Order

    The merchandise subject to the order is small diameter seamless 
pipe. The small diameter seamless pipe subject to the order is 
currently classifiable under the following subheadings of the 
Harmonized Tariff Schedule of the United States (HTSUS): 7304.10.10.20, 
7304.10.50.20, 7304.19.10.20, 7304.19.50.20, 7304.31.30.00, 
7304.31.60.50, 7304.39.00.16, 7304.39.00.20, 7304.39.00.24, 
7304.39.00.28, 7304.39.00.32, 7304.51.50.05, 7304.51.50.60, 
7304.59.60.00, 7304.59.80.10, 7304.59.80.15, 7304.59.80.20, and 
7304.59.80.25. The HTSUS subheadings are provided for convenience and 
customs purposes. A full description of the scope of the order is 
contained in the memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to Paul 
Piquado, Assistant Secretary for Import Administration, ``Decision 
Memorandum for Preliminary Results of Antidumping Duty Administrative 
Review: Certain Small Diameter Carbon and Alloy Seamless Standard, Line 
and Pressure Pipe from Romania,'' dated concurrently with this notice 
(Preliminary Decision Memorandum), which is hereby adopted by this 
notice. The written description is dispositive.
    The Preliminary Decision Memorandum is a public document and is on 
file electronically via Import Administration's Antidumping and 
Countervailing Duty Centralized Electronic Service System (``IA 
ACCESS''). IA ACCESS is available to registered users at http://iaaccess.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 Preliminary Decision Memorandum can 
be accessed directly on the Internet at http://www.trade.gov/ia/. The 
signed Preliminary Decision Memorandum and the electronic versions of 
the Preliminary Decision Memorandum are identical in content.

Entries by Canadian Natural Resources Limited

    As discussed in the Preliminary Decision Memorandum, we 
preliminarily find that CNRL had no sales to unaffiliated customers in 
the United States, or to unaffiliated customers for exportation to the 
United States. As a result, antidumping duties would not be applied 
under current law and practice. Accordingly, at the completion of the 
final results of review, we intend to instruct U.S. Customs and Border 
Protection (CBP) to liquidate the entries at issue without regard to 
antidumping duties.

Methodology

    The Department has conducted this review in accordance with section

[[Page 41370]]

751(a)(2) of the Tariff Act of 1930, as amended (the Act). Constructed 
export price is calculated in accordance with section 772 of the Act. 
Normal value is calculated in accordance with section 773 of the Act. 
In accordance with section 773(b) of the Act, we disregarded certain 
sales made by AMTP in the home market which were made at below-cost 
prices. To determine the appropriate comparison method, the Department 
applied a ``differential pricing'' analysis and has preliminarily 
determined to use the average-to-average method in making comparisons 
of constructed export price and normal value for AMTP. For a full 
description of the methodology underlying our conclusions, see 
Preliminary Decision Memorandum.

Preliminary Results of Review

    As a result of this review, we preliminarily determine that a 
weighted-average dumping margin of 0.00 percent exists for AMTP for the 
period August 1, 2011, through July 31, 2012.

Disclosure and Public Comment

    The Department will disclose to parties the calculations performed 
in connection with these preliminary results within five days of the 
date of publication of this notice. See 19 CFR 351.224(b).
    Pursuant to 19 CFR 351.309(c), interested parties may submit cases 
briefs not 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 not later than five days after the date for filing case 
briefs. See 19 CFR 351.309(d). 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. See 19 CFR 351.309(c)(2) and 
(d)(2). Case and rebuttal briefs should be filed using IA ACCESS. See 
19 CFR 351.303.
    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. 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 within 30 
days after the date of publication of this notice. 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. The Department intends to 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 the administrative review, the Department shall 
determine, and CBP shall assess, antidumping duties on all appropriate 
entries, in accordance with 19 CFR 351.212(b)(1). If AMTP's weighted-
average dumping margin is above de minimis in the final results of this 
review, we will calculate an importer-specific assessment rate on the 
basis of the ratio of the total amount of antidumping duties calculated 
for the importer's examined sales and the total entered value of the 
sales in accordance with 19 CFR 351.212(b)(1). If AMTP's weighted-
average dumping margin continues to be zero or de minimis in the final 
results of review, we will instruct CBP not to assess duties on any of 
its entries in accordance with the Final Modification for Reviews, 
i.e., ``{w{time} here the weighted-average margin of dumping for the 
exporter is determined to be zero or de minimis, no antidumping duties 
will be assessed.'' \1\
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    \1\ In these preliminary results, the Department applied the 
assessment rate calculation method adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Proceedings: Final 
Modification, 77 FR 8101, 80102 (February 14, 2012).
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    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 AMTP for which it did not know 
its merchandise was 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).
    Upon completion of the review the Department will instruct CBP to 
liquidate any entries by CNRL without regard to antidumping duties.
    We intend to issue instructions to CBP 15 days after publication of 
the final results of this review.

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 small diameter seamless pipe from Romania 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 rate for AMTP will be the rate established in the final results 
of this administrative review and we will not establish a cash deposit 
rate for CNRL; (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 recent period; (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 recent period for the manufacturer of 
the merchandise; (4) the cash deposit rate for all other manufacturers 
or exporters will continue to be 13.06 percent, the all-others rate 
established in the Notice of Amended Final Determination of Sales at 
Less Than Fair Value and Antidumping Duty Order: Certain Small Diameter 
Carbon and Alloy Seamless Standard, Line and Pressure Pipe From 
Romania, 65 FR 48963 (August 10, 2000). These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.

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 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.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: July 2, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

1. Scope of the Order

[[Page 41371]]

2. Entries by Canadian Natural Resources Limited
3. Comparisons to Normal Value
4. Product Comparisons
5. Date of Sale
6. Constructed Export Price
7. Normal Value
8. Allegation of Sales-Below Cost of Production
9. Currency Conversion

[FR Doc. 2013-16576 Filed 7-9-13; 8:45 am]
BILLING CODE 3510-DS-P