[Federal Register Volume 85, Number 231 (Tuesday, December 1, 2020)]
[Notices]
[Pages 77159-77162]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26489]


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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; 
2017-2018

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 fair value (LTFV) during the 
period of review (POR), December 1, 2017 through November 30, 2018.

DATES: Applicable December 1, 2020.

FOR FURTHER INFORMATION CONTACT: 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) 482-6274.

SUPPLEMENTARY INFORMATION: 

[[Page 77160]]

Background

    This review covers 20 producers and exporters of the subject 
merchandise. 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). The producers 
and or exporters not selected for individual examination are listed in 
the ``Final Results of the Review'' section of this notice.
    On February 7, 2020, Commerce published the Preliminary Results.\1\ 
In April and June 2020, the petitioners,\2\ Nucor Tubular Products 
Inc., Conares, and Universal, submitted case and rebuttal briefs. On 
April 23, 2020, we postponed the final results until June 8, 2020.\3\ 
On April 24, 2020, Commerce tolled all deadlines in administrative 
reviews by 50 days.\4\ On July 21, 2020, Commerce tolled all 
preliminary and final deadlines in administrative reviews by an 
additional 60 days, thereby extending the deadline for these results 
until November 23, 2020.\5\
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    \1\ See Circular Welded Carbon-Quality Steel Pipe from the 
United Arab Emirates: Preliminary Results of Antidumping Duty 
Administrative Review; 2017-2018, 85 FR 7279 (February 7, 2020) 
(Preliminary Results).
    \2\ The petitioners are Bull Moose Tube Company and Wheatland 
Tube Company.
    \3\ See Memorandum, ``Circular Welded Carbon-Quality Steel Pipe 
from the United Arab Emirates: 2017-2018 Administrative Review: 
Extension of Deadline for Final Results of Antidumping Duty 
Administrative Review,'' dated April 23, 2020.
    \4\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews in Response to 
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
    \5\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
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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, 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.\6\
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    \6\ For a complete description of the scope of the order, see 
Memorandum, ``Decision Memorandum for the Final 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 (Issues 
and Decision Memorandum).
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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. 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. 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.

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 
Universal and for those companies not selected for individual 
review.\7\
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    \7\ See accompanying Issues and Decision Memorandum.
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Final Results of the Review

    We are assigning the following weighted-average dumping margins to 
the firms listed below for the period December 1, 2017 through November 
30, 2018:

------------------------------------------------------------------------
                                                        Weighted-average
                  Exporter/producer                      dumping margin
                                                           (percent)
------------------------------------------------------------------------
Conares Metal Supply Ltd.............................               2.49
Universal Tube and Plastic Industries, Ltd./THL Tube                3.79
 and Pipe Industries LLC/KHK Scaffolding and
 Framework LLC.......................................
------------------------------------------------------------------------

    Review-Specific Average Rate Applicable to the Following Companies: 
\8\
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    \8\ 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).

------------------------------------------------------------------------
                                                        Weighted-average
                  Exporter/producer                      dumping margin
                                                           (percent)
------------------------------------------------------------------------
Abu Dhabi Metal Pipes and Profiles Industries Complex               3.14
Ajmal Steel Tubes & Pipes Ind. L.L.C./Noble Steel                   3.14
 Industries L.L.C \9\................................
Al Mansoori Industrial Supply........................               3.14
Baker Hughes EHO Ltd.................................               3.14

[[Page 77161]]

 
BioAir Solutions LLC.................................               3.14
Bridgeway Shipping & Clearing Services, LLC..........               3.14
Ferrofab FTZ.........................................               3.14
Ferrolab LLC.........................................               3.14
Global Steel Industries..............................               3.14
Halima Pipe Co., Ltd.................................               3.14
K.D. Industries Inc..................................               3.14
Lamprell.............................................               3.14
Link Middle East Ltd.................................               3.14
Noble Marine Metals Co., W.L.L.......................               3.14
PSL FZE..............................................               3.14
Reyah Metal Trading FZE..............................               3.14
Three Star Metal Ind LLC.............................               3.14
Tiger Steel Industries LLC...........................               3.14
------------------------------------------------------------------------

    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).
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    \9\ 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 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).
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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), where 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 \10\ of the cash 
deposit rates calculated for Conares 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.\11\
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    \10\ This rate was calculated as discussed in footnote 8.
    \11\ 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.
    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 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 subject to 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 the original less-than-fair-value 
(LTFV) investigation, but the manufacturer is, then 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 3.14 percent, the 
all-others rate established in the LTFV investigation.\12\ These 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \12\ 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, 91908 (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.

Notification Regarding Administrative Protective Order

    This notice serves as the only reminder to parties subject to 
administrative protective order (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

[[Page 77162]]

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: November 23, 2020.
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 Issues
    Conares-Specific Issues
    Comment 1: Application of Adverse Facts Available (AFA) Based on 
Alleged Duty Avoidance Scheme
    Comment 2: Failure to Cooperate
    Universal-Specific Issues
    Comment 3: Universal Level of Trade (LOT) Adjustment
    Comment 4: Section 232 Duties
    Comment 5: Convert Currency for Universal Sales
    Comment 6: Adjust Universal Surrogate Production Cost
V. Recommendation

[FR Doc. 2020-26489 Filed 11-30-20; 8:45 am]
BILLING CODE 3510-DS-P