[Federal Register Volume 86, Number 2 (Tuesday, January 5, 2021)]
[Notices]
[Pages 289-291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-29180]
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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; 2017-2018
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 January 5, 2021.
FOR FURTHER INFORMATION CONTACT: Benjamin Luberda, 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) 482-2185.
SUPPLEMENTARY INFORMATION:
Background
On December 1, 2020, Commerce published the Final Results of the
2017-2018 administrative review of CWP from the UAE in the Federal
Register.\1\ On November 30, 2020, Universal Tube and Plastic
Industries, Ltd., KHK Scaffolding and Framework LLC, and THL Pipe and
Tube Industries LLC (collectively, Universal), 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; 2017-2018, 85 FR 77159 (December 1, 2020)
(Final Results), and accompanying Issues and Decision Memorandum.
\2\ See Universal's Letter, ``Circular Welded Carbon-Quality
Steel Pipe from the United Arab Emirates--Ministerial Error
Comments,'' dated November 30, 2020.
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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
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 Error
Commerce committed an inadvertent error within the meaning of
section 751(h) of the Act and 19 CFR 351.224(f) by incorrectly
calculating Universal's home market commissions. 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 Universal'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, ``Less-Than-Fair-Value Administrative Review
of Circular Welded Carbon-Quality Steel Pipe from the United Arab
Emirates: Allegation of Ministerial Errors in the Final
Determination,'' dated concurrently with this notice (Ministerial
Error Memorandum).
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Correction
Subsequent to the publication of the notice in the Federal
Register, we identified an inadvertent error in the Final Results in
addition to the one alleged by Universal. Specifically, Commerce
inadvertently referenced the review-specific rate of 3.14 percent as
the all-others rate in the cash deposit section of the notice. However,
the all-others rate, established in the investigation, is 5.95
percent.\5\ The corrected cash deposit section of the notice is below.
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\5\ 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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Amended 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:
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Weighted-average
Producers/exporters dumping margin
(percent)
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Conares Metal Supply Ltd............................ 2.49
Universal Tube and Plastic Industries, Ltd./THL Tube 3.63
and Pipe Industries LLC/KHK Scaffolding and
Framework LLC \8\..................................
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Review-Specific Average Rate Applicable to the Following Companies: \6\
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Abu Dhabi Metal Pipes and Profiles Industries 3.06
Complex............................................
Ajmal Steel Tubes & Pipes Ind. L.L.C./Noble Steel 3.06
Industries L.L.C. \7\..............................
Al Mansoori Industrial Supply....................... 3.06
Baker Hughes EHO Ltd................................ 3.06
BioAir Solutions LLC................................ 3.06
[[Page 290]]
Bridgeway Shipping & Clearing Services, LLC......... 3.06
Ferrofab FTZ........................................ 3.06
Ferrolab LLC........................................ 3.06
Global Steel Industries............................. 3.06
Halima Pipe Co., Ltd................................ 3.06
K.D. Industries Inc................................. 3.06
Lamprell............................................ 3.06
Link Middle East Ltd................................ 3.06
Noble Marine Metals Co., W.L.L...................... 3.06
PSL FZE............................................. 3.06
Reyah Metal Trading FZE............................. 3.06
Three Star Metal Ind LLC............................ 3.06
Tiger Steel Industries LLC.......................... 3.06
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Disclosure
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\6\ 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).
\7\ 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).
\8\ This rate was calculated as discussed in a n.6, supra.
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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 Conares Metal Supply Ltd
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.
For the companies which were not selected for individual review, we
will assign an assessment rate based on the average \8\ of the cash
deposit rates calculated for Conares Metal Supply Ltd 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.\9\
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\9\ 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 for Universal 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 for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after December 1, 2020, 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.\10\
These deposit requirements, when imposed, shall remain in effect until
further notice.
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\10\ 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
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
[[Page 291]]
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
This amended notice is issued and published in accordance with
sections 751(h) and 777(i) of the Act.
Dated: December 28, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-29180 Filed 1-4-21; 8:45 am]
BILLING CODE 3510-DS-P