[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:

 
------------------------------------------------------------------------
                                                             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