[Federal Register Volume 87, Number 48 (Friday, March 11, 2022)]
[Notices]
[Pages 13964-13966]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05208]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-122-863]


Large Diameter Welded Pipe From Canada: Amended Final Results of 
Antidumping Duty Administrative Review; 2018-2020

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 order on 
large diameter welded pipe from Canada to correct ministerial errors. 
The period of review (POR) is August 27, 2018, through April 30, 2020.

DATES: Applicable March 11, 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 January 31, 2022, Commerce disclosed its calculations for the 
Final Results \1\ to interested parties and provided interested parties 
with the opportunity to allege ministerial errors.\2\ On February 7, 
2022, Evraz Inc. NA (Evraz), the sole mandatory respondent, submitted 
an allegation of ministerial errors in the Final Results.\3\ No other 
party made an allegation of ministerial errors. On February 11, 2022, 
the American Line Pipe Producers Association (ALPPA), a domestic 
interested party, rebutted Evraz's ministerial error allegation.\4\
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    \1\ See Large Diameter Welded Pipe from Canada: Final Results of 
Antidumping Duty Administrative Review and Final Determination of No 
Shipments; 2018-2020, 87 FR 6497 (February 4, 2022) (Final Results), 
and accompanying Issues and Decision Memorandum (IDM).
    \2\ See Memorandum, ``Deadline for Ministerial Error Comments 
for the Final Results,'' dated February 1, 2022.
    \3\ See Evraz's Letter, ``Ministerial Error Comments,'' dated 
February 7, 2022.
    \4\ See ALPPA Letter, ``Response to Evraz's Ministerial Error 
Allegation,'' dated February 11, 2022.
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Legal Framework

    Section 751(h) of the Tariff Act of 1930, as amended (the Act), 
defines a ``ministerial error'' as including ``errors in addition, 
subtraction, or other arithmetic function, clerical errors resulting 
from inaccurate copying, duplication, or the like, and any other 
unintentional error which the administering authority considers 
ministerial.'' 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 . . .''

Ministerial Error

    We agree with Evraz that Commerce made a ministerial error in the 
Final Results within the meaning of section 751(h) of the Act and 19 
CFR 351.224(f). In the Final Results, we intended to offset Evraz's 
reported section 232 duty expense by the reported section 232 duty 
revenue capped at the amount of the expense and to deduct the net 
amount from the export price as a movement expense.\5\ However, in 
calculating the offset, we unintentionally used an erroneous capping 
formula. Accordingly, Commerce determines that it made a ministerial 
error in the Final Results pursuant to section 751(h) of the Act and 19 
CFR 351.224(f) and has amended its calculations to apply the intended 
capping formula.
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    \5\ See Final Results IDM at Comment 6.
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    For a complete discussion of the ministerial error allegation, as 
well as Commerce's analysis, see the accompanying Ministerial Error 
Memorandum.\6\ The Ministerial Error 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.
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    \6\ See Memorandum, ``Administrative Review of the Antidumping 
Duty Order on Large Diameter Welded Pipe from Canada; 2018-2020: 
Ministerial Error Allegation in the Final Results,'' dated 
concurrently with this notice (Ministerial Error Memorandum).
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    Pursuant to 19 CFR 351.224(e), Commerce is amending the Final 
Results to reflect the correction of this ministerial error in the 
calculation of the weighted-average dumping margin

[[Page 13965]]

assigned to Evraz in the Final Results, which changes from 15.29 
percent to 7.90 percent. Furthermore, we are also revising the review-
specific weighted-average dumping margin assigned to the non-examined 
companies under review, which is equal to Evraz's weighted-average 
dumping margin, consistent with the Final Results.

Amended Final Results

    As a result of correcting the ministerial error, Commerce 
determines that the following weighted-average dumping margins exist 
for the period August 27, 2018, through April 30, 2020:
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    \7\ 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 (collectively, Evraz) 
comprise a single entity. See Large Diameter Welded Pipe from 
Canada: Antidumping Duty Order, 84 FR 18775 (May 2, 2019) (Order). 
There is no information on this record of this review that requires 
reconsideration of this single entity determination.
    \8\ See Appendix.

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                  Exporter or producer                        dumping
                                                              margin
                                                             (percent)
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Evraz Inc. NA \7\.......................................            7.90
Non-Examined Companies \8\..............................            7.90
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Disclosure

    We intend to disclose under administrative protective order the 
calculations performed to parties in this proceeding within five days 
after publication of these amended final results in the Federal 
Register, in accordance with 19 CFR 351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b), 
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 these amended final results of review. 
Commerce intends to issue assessment instructions to CBP no earlier 
than 41 days after the date of publication of the amended final results 
of this review in the Federal Register, in accordance with 19 CFR 
356.8(a).
    Pursuant to 19 CFR 351.212(b)(1), 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 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.\9\
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    \9\ 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 amended final results.

Cash Deposit Requirements

    The following deposit requirements will be effective 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 
less-than-fair-value (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.\10\
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    \10\ 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(h) and 777(i)(1) of the Act, and 19 CFR 351.224(e).

    Dated: March 4, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

Review-Specific Rate Applicable to Companies Not Selected for 
Individual Examination

1. Acier Profile SBB Inc
2. Aciers Lague Steels 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

[[Page 13966]]

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. 2022-05208 Filed 3-10-22; 8:45 am]
BILLING CODE 3510-DS-P