[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:

------------------------------------------------------------------------
                                                       Weighted-average
                 Producers/exporters                    dumping margin
                                                           (percent)
------------------------------------------------------------------------
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