[Federal Register Volume 86, Number 67 (Friday, April 9, 2021)]
[Notices]
[Pages 18513-18515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07305]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-523-812]
Circular Welded Carbon-Quality Steel Pipe From the Sultanate of
Oman: Final Results of Antidumping Duty Administrative Review; 2018-
2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that Al
Jazeera Steel Products Co. SAOG (Al Jazeera) made sales of certain
welded carbon-quality steel pipe from the Sultanate of Oman (Oman) at
less than normal value (NV) during the period of review (POR) December
1, 2018, through November 30, 2019.
DATES: Applicable April 9, 2021.
FOR FURTHER INFORMATION CONTACT: Dennis McClure, AD/CVD Operations,
Office VIII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-5973.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results on December 21, 2020.\1\
We invited interested parties to comment on the Preliminary Results.
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\1\ See Circular Welded Carbon-Quality Steel Pipe from the
Sultanate of Oman: Preliminary Results of Antidumping Duty
Administrative Review; 2018-2019, 85 FR 83050 (December 21, 2020)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum.
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On January 21 and 28, 2021, we received case and rebuttal briefs
from Al Jazeera, the sole respondent in this review, and Nucor Tubular
Products Inc. (Nucor Tubular), a domestic interested party),
respectively.\2\ For
[[Page 18514]]
events subsequent to the Preliminary Results, see Issues and Decision
Memorandum.\3\
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\2\ See Al Jazeera's Letter, ``Case Brief, Third Administrative
Review of the Antidumping Order on Circular Welded Carbon-Quality
Steel Pipe from the Sultanate of Oman,'' dated January 21, 2021;
Nucor Tubular's Letter, ``Circular Welded Carbon-Quality Steel Pipe
from Oman: Case Brief,'' dated January 21, 2021; Al Jazeera's
Letter, ``Rebuttal Brief, Third Administrative Review of the
Antidumping Order on Circular Welded Carbon-Quality Steel Pipe from
the Sultanate of Oman,'' dated January 28, 2021; and Nucor Tubular's
Letter, ``Circular Welded Carbon-Quality Steel Pipe from Oman:
Rebuttal Brief,'' dated January 28, 2021.
\3\ See Memorandum, ``Circular Welded Carbon-Quality Steel Pipe
from the Sultanate of Oman: Issues and Decision Memorandum for the
Final Results of Administrative Review; 2018-2019,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
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Scope of the Order
Imports covered by the order are shipments of circular welded
carbon-quality steel pipe. The merchandise subject to review is
currently classifiable under items 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 of the Harmonized Tariff Schedule of the United States
(HTSUS). Although the HTSUS subheadings are provided for convenience
and customs purposes, the written description of the merchandise
subject to the order is dispositive. For a complete description of the
scope of the order, see Issues and Decision Memorandum.
Analysis of Comments Received
We addressed the issues raised in the parties' case and rebuttal
briefs in the Issues and Decision Memorandum. A list of the issues
raised by parties is provided in the appendix to this notice. The
Issues and 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. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly at http://enforcement.trade.gov/frn/index.html.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding the Preliminary Results, we have
recalculated the weighted-average dumping margin for Al Jazeera.\4\
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\4\ See Issues and Decision Memorandum; see also Memorandum,
``Final Results Margin Calculation for Al Jazeera Steel Products
Co.,'' dated concurrently with this memorandum.
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Final Results of the Review
As a result of this review, Commerce determines that the following
weighted-average dumping margin exists for the period December 1, 2018,
through November 30, 2019:
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Weighted-
average
Producer and/or exporter dumping
margin
(percent)
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Al Jazeera Steel Products Co. SAOG.......................... 1.56
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Disclosure and Public Comment
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).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.212(b), Commerce shall determine 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.\5\ Consistent with its recent
notice,\6\ Commerce intends to issue assessment instructions to CBP no
earlier than 35 days after the date of publication of the final results
of this review in the Federal Register. If a timely summons is filed at
the U.S. Court of International Trade, the assessment instructions will
direct CBP not to liquidate relevant entries until the time for parties
to file a request for a statutory injunction has expired (i.e., within
90 days of publication).
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\5\ In these final results, Commerce applied the assessment rate
calculation method adopted in Antidumping Proceedings: Calculation
of the Weighted-Average Dumping Margin and Assessment Rate in
Certain Antidumping Proceedings: Final Modification, 77 FR 8101
(February 14, 2012).
\6\ See Notice of Discontinuation of Policy to Issue Liquidation
Instructions After 15 Days in Applicable Antidumping and
Countervailing Duty Administrative Proceedings, 86 FR 3995 (January
15, 2021).
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For Al Jazeera, we calculated importer-specific ad valorem duty
assessment rates based on the ratio of the total amount of dumping
calculated for the importer's examined sales to the total entered value
of those same sales in accordance with 19 CFR 351.212(b)(1). If any
importer-specific assessment rates calculated in the final results are
above de minimis (i.e., at or above 0.5 percent), Commerce will issue
instructions directly to CBP to assess antidumping duties on
appropriate entries. Where an importer-specific assessment rate is zero
or de minimis, we will instruct CBP to liquidate the appropriate
entries without regard to antidumping duties.
In accordance with Commerce's ``automatic assessment'' practice,\7\
for entries of subject merchandise during the POR produced by Al
Jazeera for which it did not know that its merchandise was destined for
the United States, 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.
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\7\ For a full discussion of this clarification, see Antidumping
and Countervailing Duty Proceedings: Assessment of Antidumping
Duties, 68 FR 23954 (May 6, 2003).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the notice of final results of administrative review for
all shipments of subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication of the final
results of this administrative review, as provided by section 751(a)(2)
of the Act: (1) The cash deposit rate for Al Jazeera will be the rate
established in the final results of this administrative review, as
noted above; (2) for merchandise exported by manufacturers or exporters
not covered in this administrative review but covered in a prior
segment of the proceeding, the cash deposit rate 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, a prior review, or the original 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 the subject merchandise; and (4) the cash
deposit rate for all other manufacturers or exporters will continue to
be 7.36 percent, the all-others rate established in the less-than-fair-
value investigation.\8\ These cash 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) to file a certificate regarding
the reimbursement
[[Page 18515]]
of antidumping duties prior to liquidation of the relevant entries
during the POR. Failure to comply with this requirement could result in
Commerce's presumption that reimbursement of antidumping duties
occurred and the subsequent assessment of doubled antidumping duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective orders (APO) of their responsibility
concerning the return or destruction 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 the 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
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5).
Dated: April 5, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
Comment 1: Whether To Treat Section 232 Duties as an Adjustment
to the U.S. Price
Comment 2: Whether To Adjust the Cost of Production To Account
for Non-Prime Product Costs
Comment 3: Whether To Include Reported Billing Adjustment Fields
in Commerce's Antidumping Duty Calculations
V. Recommendation
[FR Doc. 2021-07305 Filed 4-8-21; 8:45 am]
BILLING CODE 3510-DS-P