[Federal Register Volume 84, Number 35 (Thursday, February 21, 2019)]
[Notices]
[Pages 5417-5419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02984]
[[Page 5417]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-520-807]
Circular Welded Carbon-Quality Steel Pipe From the United Arab
Emirates: Preliminary Results of Antidumping Duty Administrative
Review; 2016-2017
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that sales of circular welded carbon-quality steel pipe (CWP) from the
United Arab Emirates (UAE) have been made below normal value. We invite
interested parties to comment on these preliminary results.
DATES: Applicable February 21, 2019.
FOR FURTHER INFORMATION CONTACT: Manuel Rey or Whitley Herndon, 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) 482-5518 or (202) 482-6274,
respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce is conducting an administrative review of the antidumping
duty order on CWP from the UAE. The notice of initiation of this
administrative review was published on February 23, 2018.\1\ This
review covers nine producers and exporters of the subject merchandise.
The period of review is June 8, 2016 through November 30, 2017.
Commerce exercised its discretion to toll all deadlines affected by the
partial federal government closure from December 22, 2018, through the
resumption of operations on January 29, 2019.\2\ If the new deadline
falls on a non-business day, in accordance with Commerce's practice,
the deadline will become the next business day. The revised deadline
for the preliminary results is now February 12, 2019.
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 8058 (February 23, 2018) (Initiation
Notice).
\2\ See Memorandum, ``Deadlines Affected by the Partial Shutdown
of the Federal Government,'' dated January 28, 2019. All deadlines
in this segment of the proceeding have been extended by 40 days.
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Commerce selected two mandatory respondents for individual
examination: Ajmal Steel Tubes & Pipes Ind. L.L.C. (Ajmal)/Noble Steel
Industries L.L.C (Noble Steel) (collectively, Ajmal Steel) \3\ and
Universal Tube and Plastic Industries, Ltd./THL Tube and Pipe
Industries LLC (TTP)/KHK Scaffolding and Formwork LLC (collectively,
Universal).\4\ In August 2018, Commerce extended the preliminary
results of this review to no later than January 3, 2019.\5\
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\3\ On December 11, 2018, we preliminarily collapsed Ajmal and
Noble Steel. See Memorandum, ``Whether to Collapse Ajmal Steel Tubes
and Pipes Ind. L.L.C. and Noble Steel Industries L.L.C. in the 2016-
2017 Antidumping Duty Administrative Review of Circular Welded
Carbon-Quality Steel Pipe from the United Arab Emirates,'' dated
December 11, 2018.
\4\ On January 31, 2019, we preliminarily found that TTP is the
successor-in-interest to Universal Tube and Pipe Industries Limited.
See Memorandum, ``Successor-In-Interest Determination in the 2016-
2017 Antidumping Duty Administrative Review on Circular Welded
Carbon-Quality Steel Pipe from the United Arab Emirates,'' dated
January 31, 2019.
\5\ See Memorandum, ``Circular Welded Carbon-Quality Steel Pipe
from the United Arab Emirates: Extension of the Deadline for
Preliminary Results of Antidumping Duty Administrative Review,''
dated August 23, 2018.
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Scope of the Order
The merchandise subject to the order is welded carbon-quality steel
pipes and tube, of circular cross-section, with an outside diameter not
more than nominal 16 inches (406.4 mm), regardless of wall thickness,
surface finish (e.g., black, galvanized or painted), end finish (plain
end, beveled end, grooved, threaded, or threaded and coupled), or
industry specification (e.g., American Society for Testing and
Materials International (ASTM), proprietary, or other), generally known
as standard pipe, fence pipe and tube, sprinkler pipe, and structural
pipe (although subject product may also be referred to as mechanical
tubing). The products subject to this order are currently classifiable
in Harmonized Tariff Schedule of the United States (HTSUS) statistical
reporting numbers 7306.19.1010, 7306.19.1050, 7306.19.5110,
7306.19.5150, 7306.30.1000, 7306.30.5015, 7306.30.5020, 7306.30.5025,
7306.30.5032, 7306.30.5040, 7306.30.5055, 7306.30.5085, 7306.30.5090,
7306.50.1000, 7306.50.5030, 7306.50.5050, and 7306.50.5070. Although
the HTSUS numbers are provided for convenience and for customs
purposes, the written product description remains dispositive.\6\
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\6\ For a complete description of the scope of the Order, see
Memorandum, ``Decision Memorandum for the Preliminary Results of the
2016-2017 Administrative Review of the Antidumping Duty Order on
Circular Welded Carbon-Quality Steel Pipe from the United Arab
Emirates,'' dated concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act).
Export price and constructed export price are 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, 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, and to all parties in the
Central Records Unit, Room B8024 of the main Commerce building. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly at http://enforcement.trade.gov/frn/. The signed
and electronic versions of the Preliminary Decision Memorandum are
identical in content. A list of the topics discussed in the Preliminary
Decision Memorandum is attached as an Appendix to this notice.
Preliminary Results of the Review
As a result of this review, we preliminarily determine that
weighted-average dumping margins exist for the respondents for the
period June 8, 2016, through November 30, 2017, as follows:
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Weighted-
average
Exporter/producer dumping margin
(percent)
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Ajmal Steel Tubes & Pipe Ind. L.L.C./Noble Steel 5.28
Industries L.L.C.......................................
[[Page 5418]]
Universal Tube and Plastic Industries, Ltd./Universal 1.65
Tube and Pipe Industries Limited/THL Tube and Pipe
Industries LLC \7\/KHK Scaffolding and Formwork LLC....
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Review-Specific Average Rate Applicable to the Following Companies:
\8\
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\7\ As noted above, we preliminarily determined that THL Tube
and Pipe Industries LLC is the successor-in-interest to Universal
Tube and Pipe Industries Limited.
\8\ This rate is based on the simple average margin using the
publicly-ranged data calculated for those companies selected for
individual review. Because we cannot apply our normal methodology of
calculating a weighted-average margin due to requests to protect
business proprietary information, we find this rate to be the best
proxy of the actual weighted-average margin determined for the
mandatory respondents. See Ball Bearings and Parts Thereof from
France, et al.: Final Results of Antidumping Duty Administrative
Reviews, Final Results of Changed-Circumstances Review, and
Revocation of an Order in Part, 75 FR 53661, 53663 (September 1,
2010).
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Weighted-
average
Exporter/producer dumping margin
(percent)
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Abu Dhabi Metal Pipes and Profiles Industries Complex... 3.47
Ferrolab LLC............................................ 3.47
Global Steel Industries................................. 3.47
Lamprell................................................ 3.47
Link Middle East Ltd.................................... 3.47
PSL FZE................................................. 3.47
Three Star Metal Ind LLC................................ 3.47
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Disclosure and Public Comment
Commerce intends to disclose the calculations performed in
connection with these preliminary results to interested parties within
five days after the date of publication of this notice.\9\ Interested
parties may submit case briefs to Commerce no later than 30 days after
the date of publication of this notice.\10\ Rebuttal briefs, limited to
issues raised in the case briefs, may be filed no later than five days
after the time limit for filing case briefs.\11\ 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.\12\ Case and
rebuttal briefs should be filed using ACCESS.\13\
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\9\ See 19 CFR 351.224(b).
\10\ See 19 CFR 351.309(c).
\11\ See 19 CFR 351.309(d).
\12\ See 19 CFR 351.309(c)(2) and (d)(2).
\13\ See 19 CFR 351.303.
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Pursuant to 19 CFR 351.310(c), 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. An electronically-filed document must be received successfully
in its entirety by ACCESS by 5 p.m. Eastern Time within 30 days after
the date of publication of this notice.\14\ Hearing 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 issues raised in the
briefs. If a request for a hearing is made, parties will be notified of
the time and date for the hearing to be held at the U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.\15\
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\14\ See 19 CFR 351.310(c).
\15\ See 19 CFR 351.310(d).
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Commerce intends to issue the final results of this administrative
review, including the results of its analysis raised in any written
briefs, not later than 120 days after the publication date of this
notice, pursuant to section 751(a)(3)(A) of the Act, unless otherwise
extended.\16\
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\16\ See section 751(a)(3)(A) of the Act.
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Assessment Rates
Upon completion of the administrative review, Commerce shall
determine, and CBP shall assess, antidumping duties on all appropriate
entries.
Pursuant to 19 CFR 351.212(b)(1), because Ajmal Steel and Universal
reported the entered value of their U.S. sales, we calculated importer-
specific ad valorem duty assessment rates based on the ratio of the
total amount of dumping calculated for the examined sales to the total
entered value of the sales for which entered value was reported. Where
either the respondent's weighted-average dumping margin is zero or de
minimis within the meaning of 19 CFR 351.106(c)(1), or an importer-
specific rate is zero or de minimis, we will instruct CBP to liquidate
the appropriate entries without regard to antidumping duties. We intend
to instruct CBP to take into account the ``provisional measures deposit
cap,'' in accordance with 19 CFR 351.212(d).
For the companies which were not selected for individual review, we
will assign an assessment rate based on the average \17\ of the cash
deposit rates calculated for Ajmal Steel and Universal, excluding any
which are de minimis or determined entirely based on adverse facts
available. 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
duties, where applicable.
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\17\ This rate was calculated as discussed in footnote 7, above.
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Commerce's ``automatic assessment'' practice will apply to entries
of subject merchandise during the POR produced by companies included in
these final results of review for which the reviewed
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companies did not know that the merchandise they sold to the
intermediary (e.g., a reseller, trading company, or exporter) 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.\18\
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\18\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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We intend to issue liquidation instructions to CBP 15 days after
publication of the final results of this review.
Cash Deposit Requirements
The following 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) The cash deposit rate for the exporters
listed above will be that established in the final results of this
review, except if the rate is less than 0.50 percent and, therefore, de
minimis within the meaning of 19 CFR 351.106(c)(1), in which case the
cash deposit rate will be zero; (2) if the exporter is not a firm
covered in this review, or the original less-than-fair-value (LTFV)
investigation, but the manufacturer is, the cash deposit rate will be
the rate established for the most recent segment for the manufacturer
of the merchandise; and (3) the cash deposit rate for all other
manufacturers or exporters will continue to be 5.95 percent, the all-
others rate made effective by the LTFV investigation.\19\ These deposit
requirements, when imposed, shall remain in effect until further
notice.
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\19\ See Circular Welded Carbon-Quality Steel Pipe from the
Sultanate of Oman, Pakistan, and the United Arab Emirates: Amended
Final Affirmative Antidumping Duty Determination and Antidumping
Duty Orders, 81 FR 91906 (December 19, 2016).
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Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f) 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 Commerce'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 and 19 CFR 351.221(b)(4).
Dated: February 8, 2019.
Christian Marsh,
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. Affiliation and Collapsing
V. Successor-in-Interest
VI. Companies Not Selected for Individual Examination
VII. Discussion of the Methodology
A. Date of Sale
B. Normal Value Comparisons
C. Determination of Comparison Method
D. Product Comparisons
E. Export Price/Constructed Export Price
F. Normal Value
i. Home Market Viability and Comparison Market
ii. Level of Trade
iii. Affiliated-Party Transactions and Arm's-Length Test
iv. Cost of Production (COP) Analysis
1. Cost Averaging Methodology
a. Significant of Cost Changes
b. Linkage Between Sales and Cost Information
2. Calculation of COP
3. Test of Comparison Market Sales Prices
4. Results of the COP Test
v. Calculation of Normal Value Based on Comparison Market Prices
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2019-02984 Filed 2-20-19; 8:45 am]
BILLING CODE 3510-DS-P