[Federal Register Volume 85, Number 26 (Friday, February 7, 2020)]
[Notices]
[Pages 7279-7281]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02467]


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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; 2017-2018

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 7, 2020.

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 March 14, 2019.\1\ This review 
covers 20 producers and exporters of the subject merchandise. The 
period of review is December 1, 2017 through November 30, 2018. On 
September 9, 2019, Commerce extended the deadline for the preliminary 
results of this administrative review until January 31, 2020.\2\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 84 FR 9297 (March 14, 2019), as amended in 
Initiation of Antidumping and Countervailing Duty Administrative 
Reviews, 84 FR 12200, 12201 (April 1, 2019).
    \2\ See Memorandum, ``December Order Deadlines Affected by the 
Partial Shutdown of the Federal Government,'' dated August 7, 2019; 
see also ``Circular Welded Carbon-Quality Steel Pipe from the United 
Arab Emirates: Extension of Deadline for Preliminary Results of 
Antidumping Duty Administrative Review,'' dated September 9, 2019.
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    Commerce selected two mandatory respondents for individual 
examination: Conares Metal Supply Ltd. (Conares) and Universal Tube and 
Plastic Industries, Ltd./THL Tube and Pipe Industries LLC/KHK 
Scaffolding and Framework LLC (collectively, Universal).\3\
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    \3\ Commerce previously determined that Universal is a collapsed 
entity consisting of the following three producers/exporters of 
subject merchandise: Universal Tube and Plastic Industries, Ltd., 
KHK Scaffolding and Framework LLC, and Universal Tube and Pipe 
Industries LLC (UTP). See Circular Welded Carbon-Quality Steel Pipe 
from the United Arab Emirates: Affirmative Preliminary Determination 
of Sales at Less Than Fair Value and Postponement of Final 
Determination, 81 FR 36882 (June 8, 2016), and accompanying 
Preliminary Decision Memorandum, unchanged in Circular Welded 
Carbon-Quality Steel Pipe from the United Arab Emirates: Final 
Determination of Sales at Less Than Fair Value, 81 FR 75030 (October 
28, 2016), and accompanying Issues and Decision Memorandum. Because 
there is no information on the record of this administrative review 
that would lead us to revisit this determination, we are continuing 
to treat these companies as part of a single entity for purposes of 
this administrative review. Additionally, we previously determined 
that THL Tube and Pipe Industries LLC is the successor-in-interest 
to Universal Tube and Pipe Industries LLC. 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) (CWP from UAE 2016-2017 Final Results).
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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, end finish, or industry specification, and generally 
known as standard pipe, fence pipe and tube, sprinkler pipe, or 
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.\4\
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    \4\ For a complete description of the scope of the order, see 
Memorandum, ``Decision Memorandum for the Preliminary Results of the 
2017-2018 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

    We preliminarily determine that, for the period December 1, 2017 
through November 30, 2018, the following weighted-average dumping 
margins exist:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
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Conares Metal Supply Ltd....................................        2.49

[[Page 7280]]

 
Universal Tube and Plastic Industries, Ltd./THL Tube and            9.11
 Pipe Industries LLC/KHK Scaffolding and Framework LLC......
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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. 
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).
    \6\ We collapsed Ajmal Steel Tubes and Pipes Ind. L.L.C. and 
Noble Steel Industries L.L.C. together in the final results of the 
2016-2017 administrative review. See CWP from UAE 2016-2017 Final 
Results.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Abu Dhabi Metal Pipes and Profiles Industries Complex.......        5.80
Ajmal Steel Tubes & Pipes Ind. L.L.C./Noble Steel Industries        5.80
 L.L.C \6\..................................................
Al Mansoori Industrial Supply...............................        5.80
Baker Hughes EHO Ltd........................................        5.80
BioAir Solutions LLC........................................        5.80
Bridgeway Shipping & Clearing Services, LLC.................        5.80
Ferrofab FTZ................................................        5.80
Ferrolab LLC................................................        5.80
Global Steel Industries.....................................        5.80
Halima Pipe Co., Ltd........................................        5.80
K.D. Industries Inc.........................................        5.80
Lamprell....................................................        5.80
Link Middle East Ltd........................................        5.80
Noble Marine Metals Co., W.L.L..............................        5.80
PSL FZE.....................................................        5.80
Reyah Metal Trading FZE.....................................        5.80
Three Star Metal Ind LLC....................................        5.80
Tiger Steel Industries LLC..................................        5.80
------------------------------------------------------------------------

Verification

    The petitioners \7\ timely requested verification of Conares and 
cited good cause for verification. Accordingly, as provided in section 
782(i) of the Act, we intend to verify information relied upon for the 
final results.\8\
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    \7\ Bull Moose Tube Company and Wheatland Tube Company 
(collectively, the petitioners).
    \8\ See Petitioners' Letter, ``Circular Welded Carbon Quality 
Steel Pipe from the United Arab Emirates: Request for Verification 
of Conares Metal Supply Ltd.,'' dated June 12, 2019.
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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 seven days 
after the date of the final verification report issued in this review. 
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.\10\ 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.\11\ Case and rebuttal briefs should be filed using 
ACCESS.\12\
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    \9\ See 19 CFR 351.224(b).
    \10\ See 19 CFR 351.309(d).
    \11\ See 19 CFR 351.309(c)(2) and (d)(2).
    \12\ 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 5:00 p.m. Eastern Time within 30 days 
after the date of publication of this notice.\13\ 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.\14\
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    \13\ See 19 CFR 351.310(c).
    \14\ 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.\15\
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    \15\ See section 751(a)(3)(A) of the Act.
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Assessment Rates

    Upon issuance of the final results, Commerce shall determine, and 
U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries covered by this review.\16\
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    \16\ See 19 CFR 351.212(b).
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    Pursuant to 19 CFR 351.212(b)(1), because Conares 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.
    For the companies which were not selected for individual review, we 
will assign an assessment rate based on the average of the cash deposit 
rates calculated for Conares 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.\17\
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    \17\ 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 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,

[[Page 7281]]

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 
reviewed or investigated companies not participating in this review, 
the cash deposit rate will continue to be the company-specific rate 
published for the most recently-completed segment of this proceeding in 
which the company was reviewed; (3) if the exporter is not a firm 
covered in this review, a prior review, or the less-than-fair value 
(LTFV) investigation, but the manufacturer is, then the cash deposit 
rate will be the rate established for the most recently-completed 
segment of this proceeding for the manufacturer of subject merchandise; 
and (4) 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 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.

Notification to Interested Parties

    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: January 31, 2020.
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. Allegation of a Particular Market Situation
V. Companies Not Selected for Individual Examination
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation

[FR Doc. 2020-02467 Filed 2-6-20; 8:45 am]
 BILLING CODE 3510-DS-P