[Federal Register Volume 86, Number 125 (Friday, July 2, 2021)]
[Notices]
[Pages 35269-35271]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14140]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-821-826]


Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe 
From the Russian Federation: Final Affirmative Determination of Sales 
at Less Than Fair Value

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) determines that seamless 
carbon and alloy steel standard, line, and pressure pipe (seamless 
pipe) from the Russian Federation (Russia) is being, or is likely to 
be, sold in the United States at less than fair value (LTFV) for the 
period of investigation, July 1, 2019, through June 30, 2020.

DATES: Applicable July 2, 2021.

FOR FURTHER INFORMATION CONTACT: Mark Hoadley, AD/CVD Operations, 
Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3148.

SUPPLEMENTARY INFORMATION:

Background

    On February 10, 2021, Commerce published the Preliminary 
Determination of sales at LTFV of seamless pipe from Russia, in which 
we also postponed the final determination to June 25, 2021.\1\ We 
invited interested parties to comment on the Preliminary Determination. 
The mandatory respondent in this investigation is PAO TMK and Volzhsky 
Pipe Plant Joint Stock Company (collectively, TMK). For a complete 
description of the events that followed the Preliminary Determination, 
see the Issues and Decision Memorandum.\2\ 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).

[[Page 35270]]

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/.
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    \1\ See Seamless Carbon and Alloy Steel Standard, Line, and 
Pressure Pipe from the Russian Federation: Preliminary Affirmative 
Determination of Sales at Less Than Fair Value, Postponement of 
Final Determination, and Extension of Provisional Measures, 86 FR 
8891 (February 10, 2021) (Preliminary Determination), and 
accompanying Preliminary Decision Memorandum (PDM).
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Affirmative Determination in the Less-Than-Fair-Value 
Investigation of Seamless Carbon and Alloy Steel Standard, Line, and 
Pressure Pipe from the Russian Federation,'' dated concurrently 
with, and hereby adopted by, this notice (Issues and Decision 
Memorandum).
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Scope of the Investigation

    The product covered by this investigation is seamless pipe from 
Russia. For a complete description of the scope of this investigation, 
see Appendix I.

Scope Comments

    We did not receive comments from interested parties on the 
Preliminary Scope Decision Memorandum.\3\ As discussed in the 
Preliminary Scope Decision Memorandum, Commerce codified the scope 
language as it appeared in the Initiation Notice to clarify certain 
exclusions. See the scope in Appendix I to this notice.
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    \3\ See Memorandum, ``Seamless Carbon and Alloy Steel Standard, 
Line, and Pressure Pipe from the Czech Republic, the Republic of 
Korea, the Russian Federation, and Ukraine: Preliminary Scope 
Decision Memorandum,'' dated January 13, 2021 (Preliminary Scope 
Decision Memorandum).
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties in 
this investigation are discussed in the Issues and Decision Memorandum. 
A list of topics included in the Issues and Decision Memorandum is 
included as Appendix II to this notice.

Verification

    Commerce was unable to conduct on-site verification of the 
information relied upon in making its final determination in this 
investigation. However, we took additional steps in lieu of an on-site 
verification to verify the information relied upon in making this final 
determination, in accordance with section 782(i) of the Tariff Act of 
1930, as amended (the Act).\4\
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    \4\ See TMK's Letter, ``Seamless Carbon and Alloy Steel 
Standard, Line, and Pressure Pipe (``SSLP Pipe'') from Russia: 
Refiling Public Version of TMK's In-Lieu of Verification 
Questionnaire Response,'' dated May 14, 2021.
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Changes Since the Preliminary Determination

    Based on our analysis of the comments received, we have made no 
changes to the margin calculations for TMK. For a complete discussion, 
see the Issues and Decision Memorandum.

All-Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated all-
others rate shall be 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 margins determined entirely under section 776 of 
the Act.
    Commerce calculated an individual estimated weighted-average 
dumping margin for TMK, the only individually examined exporter/
producer in this investigation. Because the only individually 
calculated dumping margin is not zero, de minimis, or based entirely on 
facts otherwise available, the estimated weighted-average dumping 
margin calculated for TMK is the margin assigned to all other producers 
and exporters, pursuant to section 735(c)(5)(A) of the Act.

Final Determination

    The final estimated weighted-average dumping margins are as 
follows:

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
PAO TMK and Volzhsky Pipe Plant Joint Stock Company               209.72
 (collectively, TMK)........................................
All Others..................................................      209.72
------------------------------------------------------------------------

Disclosure

    Commerce intends to disclose to interested parties the calculations 
performed for this final determination within five days of any public 
announcement or, if there is no public announcement, within five days 
of the date of publication of this notice, in accordance with 19 CFR 
351.224(b).

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we will direct 
U.S. Customs and Border Protection (CBP) to continue to suspend 
liquidation of all entries of seamless pipe from Russia, as described 
in Appendix I of this notice, which were entered, or withdrawn from 
warehouse, for consumption on or after February 10, 2021, the date of 
publication of the affirmative Preliminary Determination in the Federal 
Register.
    Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 
351.210(d), we will instruct CBP to require a cash deposit as follows: 
(1) The cash deposit rate for the respondents listed above will be 
equal to the company-specific estimated weighted-average dumping margin 
determined in this final determination; (2) if the exporter is not a 
company identified above, but the producer is, then the cash deposit 
rate will be equal to the company-specific estimated weighted-average 
dumping margin established for that producer of the subject 
merchandise; and (3) the cash deposit rate for all other producers and 
exporters will be equal to the all-others estimated weighted-average 
dumping margin. These suspension of liquidation instructions will 
remain in effect until further notice.

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify the 
International Trade Commission (ITC) of the final affirmative 
determination of sales at LTFV. Because Commerce's final determination 
is affirmative, in accordance with section 735(b)(2) of the Act, the 
ITC will make its final determinations as to whether the domestic 
industry in the United States is materially injured, or threatened with 
material injury, by reason of imports, or sales (or the likelihood of 
sales) for importation of seamless pipe from Russia no later than 45 
days after our final determination. If the ITC determines that such 
injury does not exist, these proceedings will be terminated, and all 
cash deposits will be refunded. If the ITC determines that such injury 
does exist, Commerce will issue an antidumping duty order directing CBP 
to assess, upon further instruction by Commerce, antidumping duties on 
all imports of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the effective date of the 
suspension of liquidation, as discussed above in the ``Continuation of 
Suspension of Liquidation'' section.

Notification Regarding Administrative Protective Orders

    This notice serves as a final reminder to parties subject to an 
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). Timely written 
notification of the return or 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 determination is issued and published in accordance with 
sections 735(d) and 777(i)(1) of the Act and 19 CFR 351.210(c).


[[Page 35271]]


    Dated: June 25, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.

Appendix I--Scope of the Investigation

    The merchandise covered by the scope of this investigation is 
seamless carbon and alloy steel (other than stainless steel) pipes 
and redraw hollows, less than or equal to 16 inches (406.4 mm) in 
nominal outside diameter, regardless of wall-thickness, 
manufacturing process (e.g., hot-finished or cold-drawn), end finish 
(e.g., plain end, beveled end, upset end, threaded, or threaded and 
coupled), or surface finish (e.g., bare, lacquered or coated). 
Redraw hollows are any unfinished carbon or alloy steel (other than 
stainless steel) pipe or ``hollow profiles'' suitable for cold 
finishing operations, such as cold drawing, to meet the American 
Society for Testing and Materials (ASTM) or American Petroleum 
Institute (API) specifications referenced below, or comparable 
specifications. Specifically included within the scope are seamless 
carbon and alloy steel (other than stainless steel) standard, line, 
and pressure pipes produced to the ASTM A-53, ASTM A-106, ASTM A-
333, ASTM A-334, ASTM A-589, ASTM A-795, ASTM A-1024, and the API 51 
specifications, or comparable specifications, and meeting the 
physical parameters described above, regardless of application, with 
the exception of the exclusions discussed below.
    Specifically excluded from the scope of the investigation are: 
(1) All pipes meeting aerospace, hydraulic, and bearing tubing 
specifications, including pipe produced to the ASTM A-822 standard; 
(2) all pipes meeting the chemical requirements of ASTM A-335, 
whether finished or unfinished; and (3) unattached couplings. Also 
excluded from the scope of the investigation are (1) all mechanical, 
boiler, condenser and heat exchange tubing, except when such 
products conform to the dimensional requirements, i.e., outside 
diameter and wall thickness, of ASTM A53, ASTM A-106 or API 51 
specifications. Also excluded from the scope of the investigation 
are: (1) Oil country tubular goods consisting of drill pipe, casing, 
tubing and coupling stock; (2) all pipes meeting the chemical 
requirements of ASTM A-335 regardless of their conformity to the 
dimensional requirements of ASTM A-53, ASTM A-106 or API 5L; and (3) 
the exclusion for ASTM A335 applies to pipes meeting the comparable 
specifications GOST 550-75.
    Subject seamless standard, line, and pressure pipe are normally 
entered under Harmonized Tariff Schedule of the United States 
(HTSUS) subheadings 7304.19.1020, 7304.19.1030, 7304.19.1045, 
7304.19.1060, 7304.19.5020, 7304.19.5050, 7304.31.6050, 
7304.39.0016, 7304.39.0020, 7304.39.0024, 7304.39.0028, 
7304.39.0032, 7304.39.0036, 7304.39.0040, 7304.39.0044, 
7304.39.0048, 7304.39.0052, 7304.39.0056, 7304.39.0062, 
7304.39.0068, 7304.39.0072, 7304.51.5005, 7304.51.5060, 
7304.59.6000, 7304.59.8010, 7304.59.8015, 7304.59.8020, 
7304.59.8025, 7304.59.8030, 7304.59.8035, 7304.59.8040, 
7304.59.8045, 7304.59.8050, 7304.59.8055, 7304.59.8060, 
7304.59.8065, and 7304.59.8070. The HTSUS subheadings and 
specifications are provided for convenience and customs purposes; 
the written description of the scope is dispositive.

Appendix II--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Changes Since the Preliminary Determination
V. Discussion of the Issues
    Comment 1: Rejection of Minor Corrections Regarding Product 
Coding
    Comment 2: Whether Application of Adverse Facts Available (AFA) 
for Unreported Downstream Sales Was Warranted
    Comment 3: AFA Selection Methodology
VI. Recommendation

[FR Doc. 2021-14140 Filed 7-1-21; 8:45 am]
BILLING CODE 3510-DS-P