[Federal Register Volume 84, Number 197 (Thursday, October 10, 2019)]
[Notices]
[Pages 54587-54589]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22204]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-520-807]
Circular Welded Carbon-Quality Steel Pipe From the United Arab
Emirates: Amended 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) is amending the final
results of the administrative review of the antidumping duty (AD) order
on circular welded carbon-quality steel pipe (CWP) from the United Arab
Emirates (UAE) to correct a ministerial error.
DATES: Applicable October 10, 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
On August 27, 2019, Commerce published the Final Results of the
2016-2017 administrative review of CWP from the UAE in the Federal
Register.\1\ On August 28, 2019, Ajmal Steel Tubes & Pipes Ind. L.L.C./
Noble Steel Industries L.L.C. (collectively, Ajmal Steel), one of two
companies selected for individual examination in this administrative
review, alleged the existence of a ministerial error in Commerce's
Final Results.\2\
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\1\ See Circular Welded Carbon-Quality Steel Pipe from the
United Arab Emirates: Final Results of Antidumping Duty
Administrative Review; 2016-2017, 84 FR 44845 (August 27, 2019)
(Final Results), and accompanying Issues and Decision Memorandum
(IDM).
\2\ See Ajmal Steel's Letter, ``Antidumping Duty Review of
Circular Welded Carbon-Quality Steel Pipe from the United Arab
Emirates; Correction of Clerical or Ministerial Errors,'' dated
August 28, 2019.
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Legal Framework
A ministerial error, as defined in section 751(h) of the Tariff Act
of 1930, as amended (the Act), includes ``errors in addition,
subtraction, or other arithmetic function, clerical errors resulting
from inaccurate copying, duplication, or the like, and any other type
of unintentional error which the administering authority considers
[[Page 54588]]
ministerial.'' \3\ With respect to final results of administrative
reviews, 19 CFR 351.224(e) provides that Commerce ``will analyze any
comments received and, if appropriate, correct any ministerial error by
amending . . . the final results of review. . . .''
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\3\ See 19 CFR 351.224(f).
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Ministerial Errors
Commerce committed an inadvertent error within the meaning of
section 735(e) of the Act and 19 CFR 351.224(f) by failing to correct
an alignment error in certain data fields in Ajmal Steel's Excel
database that should have been apparent in our review, prior to
converting this database to SAS. Accordingly, we determine, in
accordance with section 751(h) of the Act and 19 CFR 351.224(f), that
we made a ministerial error in the Final Results. Pursuant to 19 CFR
351.224(e), we are amending the Final Results to correct this error.
This correction results in a change to Ajmal Steel's weighted-average
dumping margin, and also changes the rate calculated for the non-
individually-examined companies. For a detailed discussion of the
ministerial error allegation, as well as Commerce's analysis, see
Ministerial Error Memorandum.\4\
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\4\ See Memorandum, ``Circular Welded Carbon-Quality Steel Pipe
from the United Arab Emirates; 2016-2017 Antidumping Duty
Administrative Review--Ministerial Error Allegation,'' dated
concurrently with this notice (Ministerial Error Memorandum).
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Amended Final Results of the Review
We are assigning the following weighted-average dumping margins to
the firms listed below for the period June 8, 2016 through November 30,
2017:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Ajmal Steel................................................. 1.83
Universal Tube and Plastic Industries, Ltd./THL Tube and 1.65
Pipe Industries LLC (TTP)/KHK Scaffolding and Formwork LLC
(collectively, Universal)..................................
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Review-Specific Average Rate Applicable to the Following Companies:
\5\
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\5\ This rate is based on the simple-average of the margins
calculated for those companies selected for individual review. See
Memorandum, ``Calculation of the Non-Reviewed Companies' Rate for
the Amended Final Results in the Less-Than-Fair-Value Administrative
Review of Circular Welded Carbon-Quality Steel Pipe from the UAE,''
dated concurrently with this notice.
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Weighted-
average
Exporter/producer dumping
margin
(percent)
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Abu Dhabi Metal Pipes and Profiles Industries Complex....... 1.74
Ferrolab LLC................................................ 1.74
Global Steel Industries..................................... 1.74
Lamprell.................................................... 1.74
Link Middle East Ltd........................................ 1.74
PSL FZE..................................................... 1.74
Three Star Metal Ind LLC.................................... 1.74
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Disclosure
We intend to disclose the calculations performed for these amended
final results in accordance with 19 CFR 351.224(b).
Antidumping Duty Assessment
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 amended 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
an importer-specific rate is zero or de minimis within the meaning of
19 CFR 351.106(c)(1), 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 \6\ of the cash
deposit rates calculated for Ajmal Steel and Universal. The amended
final results of this review shall be the basis for the assessment of
antidumping duties on entries of merchandise covered by the amended
final results of this review and for future deposits of estimated
duties, where applicable.\7\
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\6\ This rate was calculated as discussed in a footnote, above.
\7\ See section 751(a)(2)(C) of the Act.
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We intend to issue liquidation instructions for Ajmal Steel and the
companies covered by the non-reviewed companies' rate to CBP 15 days
after publication of these amended final results of this administrative
review.
Cash Deposit Requirements
The following cash deposit requirements will be effective
retroactively for all shipments of the subject merchandise entered, or
withdrawn from warehouse, for consumption on or after August 27, 2019,
the date of 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 amended final results; (2) for previously
reviewed or investigated companies, including those for which Commerce
may have determined had no shipments during the POR, the cash deposit
will continue to be the company-specific rate published for the most
recently completed segment of this proceeding in which the company
participated; (3) if the exporter is not a firm covered in this or an
earlier 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 recently-completed segment of this
proceeding for the manufacturer of the merchandise; and (4) if neither
the exporter nor the manufacturer is a firm covered in this or any
previously completed segment of this proceeding, then the cash deposit
rate will be the all-others rate of 5.95 percent established in the
LTFV investigation.\8\ These deposit requirements, when imposed, shall
remain in effect until further notice.
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\8\ 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 doubled antidumping duties.
Administrative Protective Order (APO)
This notice serves as the only reminder to parties subject to APO
of their responsibility concerning the disposition of proprietary
information disclosed under APO in accordance with 19 CFR
351.305(a)(3), which
[[Page 54589]]
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
These amended final results and notice are issued and published in
accordance with sections 751(h) and 777(i) of the Act and 19 CFR
351.224(e).
Dated: September 30, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2019-22204 Filed 10-9-19; 8:45 am]
BILLING CODE 3510-DS-P