[Federal Register Volume 87, Number 131 (Monday, July 11, 2022)]
[Notices]
[Pages 41111-41113]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14610]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-520-807]
Circular Welded Carbon-Quality Steel Pipe From the United Arab
Emirates: Final Results of Antidumping Duty Administrative Review;
2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce,
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
producers and/or exporters subject to this administrative review made
sales of subject merchandise at prices less than normal value during
the period of review (POR), December 1, 2019, through November 30,
2020.
DATES: Applicable July 11, 2022.
FOR FURTHER INFORMATION CONTACT: Benjamin A. Luberda or Steven Seifert,
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 or (202)
482-3350, respectively.
SUPPLEMENTARY INFORMATION:
Background
This review covers five producers/exporters of the subject
merchandise. Commerce selected two mandatory respondents for individual
examination: Ajmal Steel Tubes & Pipes Ind. L.L.C./Ajmal Steel Tubes &
Pipes Ind. L.L.C.-Branch-1 (collectively, Ajmal) \1\ and Universal Tube
and Plastic Industries, Ltd./THL Tube and Pipe Industries LLC/KHK
Scaffolding and Formwork LLC (collectively, Universal).\2\ The
producers/exporters not selected for individual examination are Conares
Metal Supply Limited, TSI Metal Industries L.L.C.,\3\ and K.D.
Industries Inc.
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\1\ We collapsed Ajmal Steel Tubes & Pipes Ind. L.L.C. and Noble
Steel Industries L.L.C. (Noble Steel) 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 the UAE 2016-2017 Final Results).
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
the purposes of this administrative review. Moreover, in the
Preliminary Results, we preliminarily found that Ajmal Steel Tubes &
Pipes Ind., L.L.C.-Branch-1 (Ajmal Branch 1) is the successor-in-
interest to Noble Steel. See Memorandum, ``Preliminary Successor-In-
Interest Determination for Determination for Ajmal Steel Tubes &
Pipes Ind. L.L.C.-Branch-1,'' dated December 30, 2021. No party has
challenged this determination for the final results. Accordingly, we
continue to find that Ajmal Branch 1 is the successor-in-interest to
Noble Steel.
\2\ 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 LLC; 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 (PDM), 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 the purposes
of this administrative review. Additionally, we previously
determined that THL Tube and Pipe Industries LLC is the successor-
in-interest to UTP. See CWP from the UAE 2016-2017 Final Results.
\3\ On December 30, 2021, we preliminarily found that TSI Metal
Industries L.L.C. (TSI Metal) is the successor-in-interest to Tiger
Steel Industries L.L.C. (Tiger Steel). See Memorandum, ``Preliminary
Successor-In-Interest Determination for TSI Metal Industries
L.L.C.,'' dated December 30, 2021. No party has challenged this
determination for the final results. Thus, we continue to find that
TSI Metal is the successor-in-interest to Tiger Steel. Accordingly,
we will notify U.S. Customs and Border Protection (CBP) of this
determination and assign Tiger Steel's company-specific case number
and cash deposit rate to TSI Metal.
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On January 7, 2022, Commerce published the Preliminary Results.\4\
On April 25, 2022, we postponed the final results until July 1,
2022.\5\ A summary of the events that occurred since Commerce published
the Preliminary Results, as well as a full discussion of the issues
raised by interested parties for these final results, may be found in
the Issues and Decision Memorandum.\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 http://access.trade.gov. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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\4\ See Circular Welded Carbon-Quality Steel Pipe from the
United Arab Emirates: Preliminary Results of Antidumping Duty
Administrative Review; 2019-2020, 87 FR 930 (January 7, 2022)
(Preliminary Results), and accompanying PDM.
\5\ See Memorandum, ``Circular Welded Carbon-Quality Steel Pipe
from the United Arab Emirates: Extension of Deadline for Final
Results of 2019-2020 Administrative Review,'' dated April 25, 2022.
\6\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2019-2020 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 (Issues and Decision Memorandum).
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Commerce conducted this administrative review in accordance with
section 751 of the Tariff Act of 1930, as amended (the Act).
Scope of the Order 7
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\7\ 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).
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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 this 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,
[[Page 41112]]
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.\8\
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\8\ For a complete description of the scope of the order, see
the Issues and Decision Memorandum.
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Analysis of Comments Received
All issues raised by interested parties to this administrative
review are addressed in the Issues and Decision Memorandum. For a list
of issues raised by parties, see the appendix to this notice.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding the Preliminary Results, we made certain
changes to the preliminary weighted-average margin calculations for
Ajmal, Universal, and the non-examined companies.\9\
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\9\ See the Issues and Decision Memorandum.
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Rate for Non-Examined Companies
The Act and Commerce's regulations do not address the establishment
of a weighted-average dumping margin 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
less-than-fair-value (LTFV) investigation, for guidance when
calculating the weighted-average dumping margin for companies which
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 rates that are zero, de
minimis (i.e., less than 0.5 percent), or determined entirely on the
basis of facts available.
For the final results, Commerce calculated estimated weighted-
average dumping margins for Ajmal and Universal that are not zero, de
minimis, or based entirely on facts otherwise available. Accordingly,
Commerce has continued to calculate the rate for companies not selected
for individual examination using a weighted average of the margins
calculated for Ajmal and Universal, weighted by each respondent's
publicly-ranged total U.S. sales quantity.\10\
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\10\ When Commerce's individual examination of respondents is
limited to two respondents, Commerce normally calculates: (A) a
weighted average of the estimated weighted-average dumping margins
calculated for the individually-examined respondents; (B) a simple
average of the estimated weighted-average dumping margins calculated
for the individually-examined respondents; and (C) a weighted
average of the estimated weighted-average dumping margins calculated
for the individually-examined respondents using each company's
publicly-ranged U.S. sales quantities of subject merchandise.
Commerce then compares then compares (B) and (C) to (A) and selects
either the (B) or (C) rate based on the rate closest to (A) as the
most appropriate rate for companies not selected for individual
examination, as using the (A) rate would result in the disclosure of
business proprietary information. See, e.g., Ball Bearings and Parts
Thereof from France, Germany, Italy, Japan, and the United Kingdom:
Final Results of Antidumping Duty Administrative Reviews, Final
Results of Changed-Circumstances Review, and Revocation of an Order
in Part, 75 FR 53661, 53663 (September 1, 2010). In this review,
Commerce based the rate for companies not selected for individual
examination on the publicly-ranged sales data of the mandatory
respondents. For an analysis of the data, see Memorandum,
``Calculation of the All-Others Rate for the Final Results,'' dated
concurrently with this notice.
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Final Results of the Review
We are assigning the following weighted-average dumping margins to
the firms listed below for the period December 1, 2019, through
November 30, 2020:
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Weighted-
average
Exporter/producer dumping margin
(percent)
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Ajmal Steel Tubes & Pipes Ind. L.L.C./Ajmal Steel Tubes 2.27
& Pipes Ind. L.L.C.-Branch-1...........................
Universal Tube and Plastic Industries, Ltd./THL Tube and 3.54
Pipe Industries LLC/KHK Scaffolding and Formwork LLC...
Conares Metal Supply Limited............................ 2.77
TSI Metal Industries L.L.C.............................. 2.77
K.D. Industries Inc..................................... 2.77
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Disclosure
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 Act, and 19 CFR
351.212(b)(1), Commerce has determined, and CBP shall assess,
antidumping duties on all appropriate entries of subject merchandise in
accordance with the final results of this review.
Pursuant to 19 CFR 351.212(b)(1), because Ajmal and Universal
reported the entered value of their 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.
For the companies that were not selected for individual review, we
will assign an assessment rate based on the methodology descried in the
``Rate for Non-Examined Companies'' section, above.
Commerce's ``automatic assessment'' 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.\11\
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\11\ 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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We intend 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 cash 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 each specific
company 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
investigated companies not subject to this review, the cash deposit
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
[[Page 41113]]
firm covered in this review, or a previous segment, but the
manufacturer is, then the cash deposit rate will be the rate
established for the most recent segment for the manufacturer of the
merchandise; and (4) the cash deposit rate for all other manufacturers
or exporters will continue to be 5.95 percent, the all-others rate
established in the LTFV investigation.\12\ These deposit requirements,
when imposed, shall remain in effect until further notice.
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\12\ 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, 91908 (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)(2) 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 Regarding Administrative Protective Order
This notice serves as the only reminder to parties subject to
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), which continues to govern
business proprietary information in this segment of the proceeding.
Timely written notification of 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) of the Act.
Dated: July 1, 2022.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.
Appendix--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Final Successor-in-Interest Determination
V. Margin Calculations
VI. Discussion of the Issue
Comment: Selection of the Correct Universes of Sales for Ajmal
for the Period of Review (POR)
VII. Recommendation
[FR Doc. 2022-14610 Filed 7-8-22; 8:45 am]
BILLING CODE 3510-DS-P