[Federal Register Volume 84, Number 166 (Tuesday, August 27, 2019)]
[Notices]
[Pages 44845-44847]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18437]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-520-807]
Circular Welded Carbon-Quality Steel Pipe From the United Arab
Emirates: Final Results of Antidumping Duty Administrative Review;
2016-2017
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that
producers and/or exporters subject to this administrative review made
sales of subject merchandise at less than normal value during the
period of review (POR) June 8, 2016 through November 30, 2017.
DATES: Applicable August 27, 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
This review covers nine producers and exporters of the subject
merchandise. Commerce selected two companies, Ajmal Steel Tubes & Pipes
Ind. L.L.C. (Ajmal)/Noble Steel Industries L.L.C. (Noble Steel)
(collectively, Ajmal Steel) \1\ and Universal Tube and Plastic
Industries, Ltd. (UTP)/THL Tube and Pipe Industries LLC (TTP)/KHK
Scaffolding and Formwork LLC (collectively, Universal).\2\ The
producers and or exporters not selected for individual examination are
listed in the ``Final Results of the Review'' section of this notice.
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\1\ 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. Because no party commented on this decision, we
continue to find it appropriate to collapse Ajmal and Noble for
purposes of the final results.
\2\ On January 31, 2019, we preliminarily found that TTP is the
successor-in-interest to UTP. 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. Because no
party commented on this decision, we continue to find TTP to be the
successor-in-interest to UTP.
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On February 21, 2019, Commerce published the Preliminary
Results.\3\ In March 2019, Ajmal Steel and Universal submitted case
briefs.
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\3\ See Circular Welded Carbon-Quality Steel Pipe from the
United Arab Emirates: Preliminary Results of Antidumping Duty
Administrative Review; 2016-2017, 84 FR 5417 (February 21, 2019)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum (PDM).
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On May 8, 2019, we issued a post-preliminary determination related
to an alleged particular market situation in this administrative
review.\4\ In May 2019, the petitioners \5\ submitted a case brief
related to the post-preliminary determination,\6\ and Ajmal Steel and
Universal submitted rebuttal briefs on this topic.\7\ On May 23, 2019,
we
[[Page 44846]]
postponed the final results by 60 days, until August 20, 2019.\8\
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\4\ See Memorandum, ``Antidumping Administrative Review of
Circular Welded Pipe from the United Arab Emirates: Post-Preliminary
Determination Regarding Particular Market Situation Allegation,''
dated May 8, 2019.
\5\ The petitioners are Bull Moose Tube Company and Wheatland
Tube Company.
\6\ See Petitioners' Case Brief, ``Circular Welded Carbon-
Quality Steel Pipe from The United Arab Emirates: Petitioners' Brief
Regarding the Particular Market Situation,'' dated May 16, 2019.
\7\ See Universal's Letter, ``Circular Welded Carbon-Quality
Steel Pipe from the United Arab Emirates--Rebuttal Brief Regarding
Petitioners' Particular Market Situation Allegation,'' dated May 21,
2019; and Ajmal Steel's Letter, ``Administrative Review of the
Antidumping Duty Order on Circular Welded Carbon-Quality Steel Pipe
from the United Arab Emirates; Post-Preliminary Determination on
Particular Market Situation: Rebuttal Brief,'' dated May 21, 2019.
\8\ See Memorandum, ``Circular Welded Carbon-Quality Steel Pipe
from the United Arab Emirates: 2016-2017 Administrative Review:
Extension of Deadline for Final Results,'' dated May 23, 2019.
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Commerce conducted this administrative review in accordance with
section 751 of the Tariff Act of 1930, as amended (the Act).
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.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs are listed in the
appendix to this notice and addressed in the Issues and Decision
Memorandum.\9\ Interested parties can find a complete discussion of
these issues and the corresponding recommendations in this public
memorandum, which 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
http://access.trade.gov, and is also available to all interested
parties in the Central Records Unit, room B8024, of the main Commerce
building. In addition, a complete version of the Issues and Decision
Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed and electronic versions of the Issues and
Decision Memorandum are identical in content.
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\9\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2016-2017 Administrative Review of the
Antidumping Duty Order on Circular Welded Carbon-Quality Steel Pipes
and Tubes from the United Arab Emirates,'' dated concurrently with,
and hereby adopted by, this notice (Issues and Decision Memorandum).
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Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, we made certain
changes to the preliminary weighted-average margin calculations for
Ajmal Steel and those companies not selected for individual review.\10\
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\10\ See Issues and Decision Memorandum.
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Final Results of the Review
We have determined that the following weighted-average dumping
margins exist for the following firms during the period June 8, 2016
through November 30, 2017:
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Weighted-
average
Exporter/producer dumping
margin
(percent)
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Ajmal Steel Tubes & Pipes Ind. L.L.C. (Ajmal)/Noble Steel 2.83
Industries L.L.C...........................................
Universal Tube and Plastic Industries, Ltd. (UTP)/THL Tube 1.65
and Pipe Industries LLC (TTP)/KHK Scaffolding and Formwork
LLC........................................................
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We have determined that the review-specific average rate is
applicable to the following companies: \11\
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\11\ This rate is based on the simple average of the margins
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....... 2.24
Ferrolab LLC................................................ 2.24
Global Steel Industries..................................... 2.24
Lamprell.................................................... 2.24
Link Middle East Ltd........................................ 2.24
PSL FZE..................................................... 2.24
Three Star Metal Ind LLC.................................... 2.24
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We intend to disclose the calculations performed within five days
of the date of publication of this notice to parties in this
proceeding, in accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR
351.212(b)(1), Commerce has determined, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review.
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 \12\ of the cash
deposit rates calculated for Ajmal Steel and Universal. 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.\13\
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\12\ This rate was calculated as discussed in footnote 10.
\13\ See section 751(a)(2)(C) of the Act.
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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 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
[[Page 44847]]
unreviewed entries at the all-others rate if there is no rate for the
intermediate company(ies) involved in the transaction.\14\
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\14\ 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 administrative review.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results 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 each specific company 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) for previously investigated companies not participating in this
review, the cash deposit will continue to be the company-specific rate
published for the most recently-completed segment of this proceeding;
(3) if the exporter is not a firm covered in this review, or a previous
segment of this proceeding, 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 (4) the cash deposit rate for all
other manufacturers or exporters will continue to be 5.95 percent, the
all-others rate established in the less than fair value
investigation.\15\ These deposit requirements, when imposed, shall
remain in effect until further notice.
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\15\ 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 serves as a final 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.
Administrative Protective Order (APO)
This notice serves as the only reminder to parties subject to an
APO of their responsibility concerning the disposition of proprietary
information disclosed under APO in accordance with 19 CFR
351.305(a)(3), which continues to govern business proprietary
information in this segment of the proceeding. Timely written
notification of return/destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i) of the Act.
Dated: August 20, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Margin Calculations
IV. Discussion of the Issues
1: Existence of a Particular Market Situation (PMS)
2: Billing Adjustments
3: Cost Database
4: Quantity Discounts in the Home Market
5: Level of Trade (LOT) for Universal's Affiliated Resellers
V. Recommendation
[FR Doc. 2019-18437 Filed 8-26-19; 8:45 am]
BILLING CODE 3510-DS-P