[Federal Register Volume 86, Number 77 (Friday, April 23, 2021)]
[Notices]
[Pages 21688-21690]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08410]


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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 
and Partial Rescission of Antidumping Duty Administrative Review; 2018-
2019

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 during the 
period of review (POR), December 1, 2018, through November 30, 2019. 
Further, Commerce is rescinding the administrative review, in part, 
with respect to K.D. Industries Inc. (K.D. Industries) and Tiger Steel 
Industries LLC (Tiger Steel). We invite interested parties to comment 
on these preliminary results.

DATES: Applicable April 23, 2021.

FOR FURTHER INFORMATION CONTACT: Benjamin A. 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

    Commerce is conducting an administrative review of the antidumping 
duty order on CWP from the UAE.\1\ On December 6, 2019, Commerce 
published in the Federal Register a notice of opportunity to request an 
administrative review of the Order.\2\ The notice of initiation of this 
administrative review was published on February 6, 2020.\3\ On March 3, 
2020, Commerce selected two mandatory respondents for individual 
examination: Ajmal Steel Tubes & Pipes Ind. L.L.C./Noble Steel 
Industries L.L.C. (collectively, Ajmal) \4\ and Universal Tube and 
Plastic Industries, Ltd./THL Tube and Pipe Industries LLC/KHK 
Scaffolding and Framework LLC (collectively, Universal).\5\ On April 
24, 2020, Commerce tolled all deadlines in administrative reviews by 50 
days.\6\ On July 21, 2020, Commerce tolled deadlines in administrative 
reviews by an additional 60 days.\7\ On November 27, 2020, Commerce 
extended the deadline for the preliminary results of this 
administrative review until April 19, 2021.\8\ For a complete 
description of the events that followed the initiation of this review, 
see the Preliminary Decision Memorandum.\9\
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    \1\ 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) (Order).
    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 84 FR 66880 (December 6, 2019).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 85 FR 6896 (February 6, 2020) (Initiation 
Notice), as amended in Initiation of Antidumping and Countervailing 
Duty Administrative Reviews, 85 FR 13860, 13868 and n.6 (March 10, 
2020).
    \4\ 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) (CWP from UAE 2016-2017 Final Results).
    \5\ See Memorandum, ``Respondent Selection for the Antidumping 
Duty Review of Circular Welded Carbon-Quality Steel Pipe from the 
United Arab Emirates,'' dated March 3, 2020. Commerce previously 
determined that Universal is a single entity consisting of the 
following three producers/exporters of subject merchandise: 
Universal Tube and Plastic Industries, Ltd.; KHK Scaffolding and 
Framework LL; 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 CWP from UAE 2016-2017 Final Results.
    \6\ 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.
    \7\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
    \8\ See Memorandum, ``Circular Welded Carbon-Quality Steel Pipe 
from the United Arab Emirates: Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated November 
27, 2020.
    \9\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the 2018-2019 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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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 the 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.\10\
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    \10\ For a complete description of the scope of the Order, see 
Preliminary Decision Memorandum.
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Partial Rescission of Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if a party who requested 
the review withdraws the request within 90 days of the date of 
publication of initiation of the requested review. On June 25, 2020, 
Bull Moose Tube (Bull Moose), Wheatland Tube Company (Wheatland

[[Page 21689]]

Tube), and Nucor Tubular Products (Nucor) (collectively, domestic 
interested parties),\11\ timely withdrew their requests for an 
administrative review of K.D. Industries and Tiger Steel.\12\ No other 
party requested a review of these companies. Accordingly, we are 
rescinding this review with respect to these companies, pursuant to 19 
CFR 31.213(d)(1). The review will continue with respect to Ajmal, 
Universal, and Conares Metal Supply Limited (Conares).
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    \11\ We note that Nucor's request for review was filed on behalf 
of Independence Tube Corp. (Independence Tube) and Southland Tube, 
Inc. (Southland Tube) instead of Nucor. However, the domestic 
interested parties reported that Independence Tube and Southland 
Tube were consolidated under a new entity, Nucor, and that Nucor was 
the successor to these companies. See Domestic Interested Parties' 
Letter, ``Circular Welded Carbon Quality Steel Pipe from the United 
Arab Emirates: Partial Withdrawal of Request for Administrative 
Review,'' dated June 25, 2020 at n.1.
    \12\ Id. We note that the domestic interested parties' 
withdrawal of request for an administrative review was submitted 
more than 90 days after the publication of the Initiation Notice. 
However, due to Commerce's tolling of all deadlines in 
administrative reviews on April 24, 2020, the withdrawal was timely.
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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. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
at http://enforcement.trade.gov/frn/. A list of the topics discussed in 
the Preliminary Decision Memorandum is attached as an appendix to this 
notice.

Application of Adverse Facts Available

    Pursuant to section 776(a) of the Act, Commerce is preliminarily 
relying on facts otherwise available to assign a weighted-average 
dumping margin to Ajmal in this review. Preliminarily, Commerce finds 
that necessary information is not available on the record, and Ajmal 
failed to provide information by the deadlines for submission and 
significantly impeded this review, warranting a determination on the 
basis of the facts available under section 776(a) of the Act. Further, 
Commerce preliminarily determines that Ajmal failed to cooperate by not 
acting to the best of its ability to comply with Commerce's request for 
information by the applicable deadline, and, thus, Commerce is applying 
adverse facts available (AFA) to Ajmal, in accordance with section 
776(b) of the Act. For a full description of the methodology underlying 
our conclusions regarding the application of AFA, see the Preliminary 
Decision Memorandum.

Rate for Non-Selected Company

    The Act and Commerce's regulations do not address the rate to be 
applied to companies not selected for individual examination when 
Commerce limits its examination in an administrative review pursuant to 
section 777A(c)(2) of the Act. Generally, Commerce looks to section 
735(c)(5) of the Act, which provides instructions for calculating the 
all-others rate in a market economy investigation, for guidance when 
calculating the rate for companies that were not selected for 
individual examination in an administrative review. Under section 
735(c)(5)(A) of the Act, the all-others rate is normally ``an amount 
equal to the weighted average of the estimated weighted-average dumping 
margins established for exporters and producers individually 
investigated, excluding any zero or de minimis margins, and any margins 
determined entirely {on the basis of facts available{time} .''
    In this review, we preliminarily assigned Ajmal a margin based 
entirely on adverse facts available. However, we preliminarily 
calculated a margin for Universal that was not zero, de minimis, or 
based on total facts available. Accordingly, we have preliminarily 
assigned Universal's weighted-average dumping margin to the non-
selected company still subject to this review (i.e., Conares).

Preliminary Results of the Review

    As a result of this review, we preliminarily determine that the 
following weighted-average dumping margins exist for the period 
December 1, 2018 through November 30, 2019:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
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Ajmal Steel Tubes and Pipes Industries LLC/Noble Steel             54.27
 Industries L.L.C...........................................
Universal Tube and Plastic Industries, Ltd/THL Tube and Pipe        2.37
 Industries LLC/KHK Scaffolding and Framework LLC...........
Conares Metal Supply Limited................................        2.37
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Verification

    On February 19, 2020, Commerce received a request from the 
petitioners \13\ to conduct verification of the responses in this 
administrative review.\14\ Commerce is currently unable to conduct on-
site verification of the information relied upon for the final results 
of this review. Accordingly, we intend to take additional steps in lieu 
of on-site verification. Commerce will notify interested parties of any 
additional documentation or information required.
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    \13\ The petitioners are Bull Moose and Wheatland Tube.
    \14\ See Petitioners' Letter, ``Circular Welded Carbon Quality 
Steel Pipe from the United Arab Emirates: Comments on Respondent 
Selection and Initial Questionnaire and Request for Verification,'' 
dated February 19, 2020 at 3. The petitioners requested verification 
of Universal, Ajmal, Tiger Steel, and Conares. However, we only 
intend to rely on Universal's questionnaire responses for our final 
results; thus, we only intend to conduct verification of Universal, 
pursuant to section 782(i) of the Act.
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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.\15\ Case briefs 
or other written comments may be submitted to the Assistant Secretary 
for Enforcement and Compliance. Interested Parties will be notified of 
the timeline for the submission of case briefs and written comments at 
a later date. Rebuttal briefs, limited to issues raised in the case 
briefs, may be filed no later than seven days after the time limit for 
filing case briefs.\16\ Commerce has modified certain of its 
requirements for serving documents containing business proprietary 
information until further notice.\17\ Parties who submit case briefs or 
rebuttal briefs in this proceeding are encouraged to submit with each 
argument: (1) A statement of the issue;

[[Page 21690]]

(2) a brief summary of the argument; and (3) a table of 
authorities.\18\ Case and rebuttal briefs should be filed using 
ACCESS.\19\
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    \15\ See 19 CFR 351.224(b).
    \16\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
    \17\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to Covid-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
    \18\ See 19 CFR 351.309(c)(2) and (d)(2).
    \19\ 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 Acting 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.\20\ 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, Commerce 
intends to hold the hearing at a date and time to be determined. 
Parties should confirm by telephone the date, time, and location of the 
hearing two days before the scheduled date.
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    \20\ See 19 CFR 351.310(c).
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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.\21\
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    \21\ 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.\22\
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    \22\ See 19 CFR 351.212(b).
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    Pursuant to 19 CFR 351.212(b)(1), because Universal reported the 
entered value of its 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 company that was not selected for individual review (i.e., 
Conares), we will assign an assessment rate based on the average of the 
cash deposit rates calculated for Ajmal 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.\23\
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    \23\ 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.\24\
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    \24\ 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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    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).

Cash Deposit Requirements

    The following deposit requirements will be effective for all 
shipments of CWP from the UAE 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, 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.\25\ These deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \25\ 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 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.

    Dated: April 16, 2021.
Christian Marsh,
Acting 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. Application of Facts Available and Use of Adverse Inference
V. Companies Not Selected for Individual Examination
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation

[FR Doc. 2021-08410 Filed 4-22-21; 8:45 am]
BILLING CODE 3510-DS-P