[Federal Register Volume 87, Number 24 (Friday, February 4, 2022)]
[Notices]
[Pages 6497-6499]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02353]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-122-863]


Large Diameter Welded Pipe From Canada: Final Results of 
Antidumping Duty Administrative Review and Final Determination of No 
Shipments; 2018-2020

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

SUMMARY: The Department of Commerce (Commerce) determines that the 
producers or exporters subject to this administrative review made sales 
of large diameter welded pipe from the Canada in the United States at 
prices below normal value (NV) during the period of review (POR), 
August 27, 2018, through April 30, 2020.

DATES: Applicable February 4, 2022.

FOR FURTHER INFORMATION CONTACT: Irene Gorelik, 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) 482-6905.

SUPPLEMENTARY INFORMATION:

Background

    On August 4, 2021, Commerce published the preliminary results of 
this administrative review.\1\ The review covers 40 producers or 
exporters of subject merchandise. We invited interested parties to 
comment on the Preliminary Results. A summary of the events that 
occurred since Commerce published the Preliminary Results, as well as a 
full discussion of the issues raised by parties for these final 
results, are discussed in the Issues and Decision Memorandum.\2\
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    \1\ See Large Diameter Welded Pipe from Canada: Preliminary 
Results of Antidumping Duty Administrative Review and Preliminary 
Determination of No Shipments; 2018-2020, 86 FR 41956 (August 4, 
2021) (Preliminary Results), and accompanying Preliminary Decision 
Memorandum (PDM).
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of Antidumping Duty Administrative Review: Large 
Diameter Welded Pipe from Canada; 2018-2020,'' dated concurrently 
with, and hereby adopted by, this notice (Issues and Decision 
Memorandum).
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    Commerce conducted this review in accordance with section 751(a) of 
the Tariff Act of 1930, as amended (the Act).

Scope of the Order 3
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    \3\ See Large Diameter Welded Pipe from Canada: Antidumping Duty 
Order, 84 FR 18775 (May 2, 2019) (Order).
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    The product covered by this Order is large diameter welded pipe 
from Canada. For a complete description of the scope of the Order, see 
the Issues and Decision Memorandum.

Final Determination of No Shipments

    In the Preliminary Results, Commerce determined that Canam (St 
Gedeon) (Canam),\4\ had no shipments during the POR.\5\ As we have 
received no information to contradict this determination, consistent 
with our practice, we will instruct U.S. Customs and Border Protection 
(CBP) to liquidate any existing entries of subject merchandise produced 
by this company, but exported by other parties, at the rate for the 
intermediate reseller, if available, or at the all-others rate.
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    \4\ In the Initiation Notice, this company was listed as Canam 
(St Gedeon). However, in its certification of no shipments, it noted 
that Canam (St Gedeon) is a plant location and not its legal name. 
It also noted that it had recently undergone a corporate 
restructuring and is now named Canam Group Inc., which is the 
successor entity to Canam Group Inc. f/k/a Canam Buildings and 
Structures Inc. See Canam's Letter, ``No Shipments Letter for Canam 
Group Inc. f/k/a Canam Buildings and Structures Inc.,'' dated August 
7, 2020; see also Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 85 FR 41540 (July 10, 2020).
    \5\ See Preliminary Results, 86 FR 41956-57.
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Analysis of Comments Received

    All issues raised in the parties' case and rebuttal briefs are 
addressed in the Issues and Decision Memorandum and are listed in 
Appendix I to this notice.\6\ 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://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \6\ See Appendix I.
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Changes Since the Preliminary Results

    Based on comments received from interested parties regarding our 
Preliminary Results and our review of the record to address those 
comments, we made changes to the Preliminary Results, as detailed in 
the Issues and Decision Memorandum.\7\
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    \7\ See Issues and Decision Memorandum at Comments 2, 3, 5 and 
6.
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Rate for Non-Examined Respondents

    As we stated in the Preliminary Results, the statute and Commerce's 
regulations do not address the establishment of a 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.\8\ For the weighted-average dumping margin for 
non-examined respondents in an administrative review, generally, 
Commerce looks to section 735(c)(5) of the Act, which provides 
instructions for calculating the all-others rate in an 
investigation.\9\ 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 rates that are zero, 
de minimis, or based entirely on facts available. For these final 
results, we calculated a weighted-average dumping margin for Evraz Inc. 
NA (Evraz), the sole mandatory respondent, that was not zero, de 
minimis, or based entirely on facts available. Accordingly, consistent 
with our practice, we applied the weighted-average dumping margin 
calculated for Evraz as the weighted-average dumping margin for the 
non-examined companies.\10\
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    \8\ See Preliminary Results, 86 FR 41957; see also PDM at 4.
    \9\ Id.
    \10\ See Preliminary Results, 86 FR 41957; see also Narrow Woven 
Ribbons with Woven Selvedge from Taiwan; Preliminary Results of 
Antidumping Duty Administrative Review; 2013-2014, 80 FR 60627, 
60627 (October 7, 2015), unchanged in Narrow Woven Ribbons with 
Woven Selvedge from Taiwan; Final Results of Antidumping Duty 
Administrative Review; 2013-2014, 81 FR 22578 (April 18, 2016); and 
Boltless Steel Shelving Units Prepackaged for Sale from the People's 
Republic of China: Final Determination of Sales at Less Than Fair 
Value, 80 FR 51779, 51780 (August 26, 2015).
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Final Results of the Review

    As a result of this review, we determine the following weighted-
average dumping margins exist for the POR:

[[Page 6498]]



------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Exporter or producer                        dumping
                                                                margin
                                                               (percent)
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Evraz Inc. NA \11\..........................................       15.29
Non-Examined Companies \12\.................................       15.29
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Disclosure
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    \11\ In the underlying less-than-fair-value (LTFV) 
investigation, Commerce determined that Evraz Inc. NA, Evraz Inc. NA 
Canada, and the Canadian National Steel Corporation (or Corp.) 
(collectively, Evraz) comprise a single entity. See Order. There is 
no information on the record of this review that warrants 
reconsideration of this single entity determination. In the 
Preliminary Results, Commerce inadvertently listed the abbreviated 
name form ``Canadian National Steel Corp'' in Appendix II as this 
name form was listed in the Initiation Notice separately from the 
Evraz single entity. As the two names differ only by the 
abbreviation of Corporation to Corp., we find them to be the same 
company, and thus, have not listed the abbreviated form in Appendix 
II of this notice.
    \12\ See Appendix II.
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    Commerce intends to disclose the calculations performed for these 
final results within five days of the date of publication of this 
notice in the Federal Register, in accordance with 19 CFR 351.224(b).

Assessment Rates

    Commerce determined, and CBP shall assess, antidumping duties on 
all appropriate entries of subject merchandise in accordance with these 
final results of review.\13\
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    \13\ See 19 CFR 351.212(b).
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    Pursuant to 19 CFR 351.212(b)(1), as Evraz reported that it is the 
importer of record for all its U.S. sales and it reported the entered 
value of those 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 those 
sales. Where 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 assessment rate is zero or de minimis, we will 
instruct CBP to liquidate the appropriate entries without regard to 
antidumping duties.
    Commerce's ``automatic assessment'' practice will apply to entries 
of subject merchandise during the POR produced by Evraz for which the 
company did not know that the merchandise it 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.\14\
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    \14\ 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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    For the companies which were not selected for individual 
examination, we intend to direct CBP to assess antidumping duties at a 
rate equal to the weighted-average dumping margin determined for those 
companies in the final results.
    For the company that certified it had no shipments, we will 
instruct CBP to liquidate any existing entries of subject merchandise 
produced by it, but exported by other parties, at the rate for the 
intermediate reseller, if available, or at the all-others rate, 
consistent with Commerce's reseller policy.\15\
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    \15\ Id.
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    Commerce intends to issue liquidation instructions to CBP no 
earlier than 41 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 in effect for all 
shipments of the subject merchandise 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 companies 
listed above will be equal to the weighted-average dumping margin that 
is 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 investigated or reviewed companies not subject 
to 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 participated; (3) if the exporter is 
not a firm covered in this review, a prior review, or the original LTFV 
investigation, but the producer is, the cash deposit rate will be the 
rate established for the most recently completed segment of the 
proceeding for the producer of the merchandise; and (4) the cash 
deposit rate for all other producers and exporters will continue to be 
12.32 percent ad valorem, the all-others rate established in the LTFV 
investigation.\16\
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    \16\ See Order.
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    These cash deposit requirements, when imposed, shall remain in 
effect until further notice.

Notification to Importers Regarding the Reimbursement of Duties

    This notice also 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 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 double 
antidumping duties.

Notification Regarding Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective order (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 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

    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: January 28, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Changes to the Preliminary Results
V. Discussion of the Issues
    Comment 1: Whether To Apply Partial Adverse Facts Available to 
Structural Pipe Cost
    Comment 2: Whether To Revise Certain Affiliated Supplier 
Adjustments
    Comment 3: Whether To Correct a Clerical Error Regarding Home 
Market and U.S. Sales

[[Page 6499]]

    Comment 4: Whether To Recalculate Home Market Credit Expenses 
Using Invoice Date
    Comment 5: Whether Antidumping Duty Revenue is an Addition to 
Gross Unit Price
    Comment 6: Whether To Cap Movement-Related Revenues by the 
Corresponding Expenses
    Comment 7: Whether Section 232 Duties can be Lawfully Deducted 
From the Export Price
VI. Recommendation

Appendix II

Companies Not Selected for Individual Examination

1. Aciers Lague Steels Inc
2. Acier Profile SBB Inc
3. Amdor Inc
4. BPC Services Group
5. Bri-Steel Manufacturing
6. Canada Culvert
7. Cappco Tubular Products Canada Inc
8. CFI Metal Inc
9. Dominion Pipe & Piling
10. Enduro Canada Pipeline Services
11. Fi Oilfield Services Canada
12. Forterra
13. Gchem Ltd
14. Graham Construction
15. Groupe Fordia Inc
16. Grupo Fordia Inc
17. Hodgson Custom Rolling
18. Hyprescon Inc
19. Interpipe Inc
20. K K Recycling Services
21. Kobelt Manufacturing Co
22. Labrie Environment
23. Les Aciers Sofatec
24. Lorenz Conveying P
25. Lorenz Conveying Products
26. Matrix Manufacturing
27. MBI Produits De Forge
28. Nor Arc
29. Peak Drilling Ltd
30. Pipe & Piling Sply Ltd
31. Pipe & Piling Supplies
32. Prudental
33. Prudential
34. Shaw Pipe Protecction
35. Shaw Pipe Protection
36. Tenaris Algoma Tubes Facility
37. Tenaris Prudential
38. Welded Tube of Can Ltd

[FR Doc. 2022-02353 Filed 2-3-22; 8:45 am]
BILLING CODE 3510-DS-P