[Federal Register Volume 87, Number 165 (Friday, August 26, 2022)]
[Notices]
[Pages 52507-52508]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18399]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-502]


Certain Welded Carbon Steel Standard Pipes and Tubes From India: 
Preliminary Negative Determinations of Circumvention of the Antidumping 
Order

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that imports of certain welded carbon steel standard pipes 
and tubes (pipe and tube), completed in Oman and the United Arab 
Emirates (UAE) from hot-rolled steel (HRS) produced in India, are not 
circumventing the antidumping duty (AD) order on pipe and tube from 
India.

DATES: Applicable August 26, 2022.

FOR FURTHER INFORMATION CONTACT: Jacob Keller or Dusten Hom, AD/CVD 
Operations, Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4849 or (202) 482-5075, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On May 12, 1986, Commerce published the order on imports of pipe 
and tube from India.\1\ On February 22, 2022, Commerce initiated a 
country-wide circumvention inquiry to determine whether certain imports 
of pipe of tube completed in Oman and the UAE using HRS produced in 
India are circumventing the Order.\2\ On March 24, 2022, Commerce 
selected from Oman, Al Jazeera Tube Mill Company SAOG (Al Jazeera), 
and, from the UAE, in alphabetical order, Ajmal Steel Tubes and Pipes 
Ind., LLC (Ajmal Steel), Conares Metal Supply Limited (Conares), and 
Universal Tube and Plastic Industries, Ltd. (Jebel Ali Branch) (UTP); 
KHK Scaffolding and Formwork LLC (KHK); and THL Pipe and Tube 
Industries LLC (THL) (collectively, Universal) as the mandatory 
respondents in these circumvention inquiries.\3\ Between March and July 
2022, Commerce issued questionnaires to the four respondents and 
received timely responses.\4\ From April through July 2022, Commerce 
received comments from the company respondents and Bull Moose Tube 
Company, Nucor Tubular Products Inc., Wheatland Tube Company, and the 
United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied 
Industrial and Service Workers International Union, AFL-CIO, CLC 
(collectively, the domestic interested parties).\5\ On July 20, 2022, 
Commerce

[[Page 52508]]

extended the time limit for issuing the preliminary determination of 
this circumvention inquiry until August 22, 2022.\6\
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    \1\ See Antidumping Duty Order; Certain Welded Carbon Steel 
Standard Pipes and Tubes from India, 51 FR 17384 (May 12, 1986) 
(Order).
    \2\ See Certain Welded Carbon Steel Standard Pipes and Tubes 
from India: Initiation of Circumvention Inquiry on the Antidumping 
Duty Order, 87 FR 9571 (February 22, 2022).
    \3\ See Memorandum, ``Circumvention Inquiries on Certain Welded 
Carbon Steel Standard Pipes and Tubes from India: Respondent 
Selection,'' dated March 24, 2022.
    \4\ See Commerce's Letters, ``Certain Welded Carbon Steel 
Standard Pipes and Tubes from India: Circumvention Inquiry Initial 
Questionnaire,'' dated March 25, 2022; see also Al Jazeera's Letter, 
``Circular Welded Carbon-Quality Steel Pipe from India--Anti-
circumvention Inquiry; Al Jazeera Questionnaire Response,'' dated 
May 6, 2022; Conares' Letter, ``Welded Carbon Steel Pipe & Tube: 
Circumvention Inquiry Initial Questionnaire Response,'' dated May 
16, 2022; Universal's Letter, ``Certain Welded Carbon Steel Standard 
Pipes and Tubes from India--Anti-Circumvention Inquiry Initial 
Questionnaire Response,'' dated May 16, 2022; Ajmal's Letter, 
``Ajmal Steel's Initial Questionnaire Response, Certain Welded 
Carbon Steel Standard Pipes and Tubes from India: Circumvention 
Inquiry,'' dated May 20, 2022; Commerce's Letters, ``Circumvention 
Inquiries on the Antidumping Duty Order on Certain Welded Carbon 
Steel Standard Pipes and Tubes from India: Supplemental 
Questionnaire,'' dated June 15, 2022; Commerce's Letters, 
``Circumvention Inquiries on the Antidumping Duty Order on Certain 
Welded Carbon Steel Standard Pipes and Tubes from India: 
Supplemental Questionnaire,'' June 22, 2022; Al Jazeera's Letter, 
``Circular Welded Carbon-Quality Steel Pipe from India--Anti-
circumvention Inquiry; Al Jazeera SQR,'' dated June 24, 2022; 
Ajmal's Letter, ``Ajmal Steel's Supplemental Questionnaire Response, 
Certain Welded Carbon Steel Standard Pipes and Tubes from India: 
Circumvention Inquiry,'' dated June 30, 2022; Universal's Letter, 
``Certain Welded Carbon Steel Standard Pipes and Tubes from India--
Anti-Circumvention Inquiry Supplemental Questionnaire Response,'' 
dated June 30, 2022; Conares' Letter, ``Welded Carbon Steel Pipe & 
Tube: Circumvention Inquiry Supplemental Questionnaire Response,'' 
dated July 1, 2022.
    \5\ See Al Jazeera's Letter, ``Circular Welded Carbon-Quality 
Steel Pipe from India; Al Jazeera comments and NFI re: DIPs' request 
for inquiry,'' dated April 7, 2022; see also Conares' Letter, 
``Welded Carbon Steel Standard Pipe from India: Comments on Anti 
Circumvention Inquiry Request,'' dated April 7, 2022; and 
Universal's Letter, ``Certain Welded Carbon Steel Standard Pipes and 
Tubes from India--Response to Domestic Interested Parties' Factual 
Information Submitted in Support of Their Request for Commerce to 
Conduct an Anti-Circumvention Inquiry,'' dated April 7, 2022; 
Domestic Interested Parties' Letter, ``Certain Welded Carbon Steel 
Standard Pipes and Tubes from India: Comments and Factual 
Information in Response to Submissions of Al Jazeera, Universal, and 
Conares,'' dated April 28, 2022; Domestic Interested Parties' 
Letters, ``Certain Welded Carbon Steel Standard Pipes and Tubes from 
India: Comments on Ajmal's Initial Questionnaire Responses,'' dated 
July 6, 2022; and ``Certain Welded Carbon Steel Standard Pipes and 
Tubes from India: Comments on Universal's Questionnaire Responses 
and Submission of Information to Rebut, Clarify, or Correct,'' dated 
July 7, 2022; Domestic Interested Parties Letter, ``Certain Welded 
Carbon Steel Standard Pipes and Tubes from India: Comments Regarding 
Preliminary Circumvention Determination,'' dated July 15, 2022; 
Universal's Letter, ``Certain Welded Carbon Steel Standard Pipes and 
Tubes from India--Comments Regarding Preliminary Circumvention 
Determination,'' dated July 19, 2022; Al Jazeera's Letter, 
``Circular Welded Carbon-Quality Steel Pipe from India--Anti-
circumvention Inquiry; Al Jazeera Response to DIPs' Pre-Preliminary 
Comments,'' dated July 19, 2022; Ajmal's Letter, ``Ajmal's Pre-
Prelim Comments, Certain Welded Carbon Steel Standard Pipes and 
Tubes from India: Circumvention Inquiry,'' dated August 5, 2022; 
Universal's Letter, ``Certain Welded Carbon Steel Standard Pipes and 
Tubes from India--Comments Regarding Preliminary Circumvention 
Determination,'' dated August 8, 2022; Conares' Letter, ``Welded 
Carbon Steel Standard Pipe from India: Anti-Circumvention Pre-
Preliminary Comments,'' dated August 8, 2022; Domestic Interested 
Parties Letter, ``Certain Welded Carbon Steel Standard Pipes and 
Tubes from India: Additional Comments Regarding Preliminary 
Circumvention Determination,'' dated August 12, 2022; and Al 
Jazeera's Letter, ``Circular Welded Carbon-Quality Steel Pipe from 
India--Anti-circumvention Inquiry; Al Jazeera response to DIPs' pre-
preliminary comments,'' dated August 15, 2022.
    \6\ See Memorandum. ``Certain Welded Carbon Steel Standard Pipes 
and Tubes from India: Extension of Anti-Circumvention Preliminary 
Determination,'' dated July 20, 2022.
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Scope of the Order 7
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    \7\ See Order.
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    The products covered by the Order include certain welded carbon 
steel standard pipes and tubes with an outside diameter of 0.375 inch 
or more but not over 16 inches. For a full description of the scope of 
the Order, see the Preliminary Decision Memorandum.\8\
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    \8\ See Memorandum, ``Certain Welded Carbon Steel Standard Pipes 
and Tubes from India: Preliminary Decision Memorandum for the 
Circumvention Inquiries on the Antidumping Duty Order,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum), at 2.
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Merchandise Subject to the Circumvention Inquiry

    This circumvention inquiry covers pipe and tube completed in Oman 
and the UAE using India-origin HRS and subsequently exported from Oman 
and the UAE to the United States.

Methodology

    Commerce is conducting this circumvention inquiry in accordance 
with section 781(b) of the Tariff Act of 1930, as amended (the Act), 
and 19 CFR 351.226. For a complete description of the events that 
followed the initiation of these circumvention inquiries, see the 
Preliminary Decision Memorandum. A list of topics included in the 
Preliminary Decision Memorandum is included as an Appendix to this 
notice. The Preliminary 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 Preliminary Decision Memorandum can 
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Preliminary Determinations

    As detailed in the Preliminary Decision Memorandum, Commerce 
preliminarily determines that pipe and tube completed in Oman and the 
UAE using India-origin HRS and subsequently exported from Oman or the 
UAE to the United States are not circumventing the Order on a country-
wide basis. Accordingly, Commerce is making a negative preliminary 
finding of circumvention of the Order.

Verification

    As provided in 19 CFR 351.307, Commerce intends to verify 
information relied upon in making its final determination.

Public Comment

    Because Commerce intends to conduct verification, interested 
parties will be provided an opportunity to submit written comments 
(case briefs) at a date to be determined by Commerce and rebuttal 
comments (rebuttal briefs) within seven days after the time limit for 
filing case briefs.\9\ Parties who submit case briefs or rebuttal 
briefs in this proceeding are encouraged to submit with each argument: 
(1) a statement of the issue; (2) a brief summary of the argument; and 
(3) a table of authorities.\10\ Case and rebuttal briefs should be 
filed electronically via ACCESS.\11\ Note that Commerce has temporarily 
modified certain of its requirements for serving documents containing 
business proprietary information, until further notice.\12\
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    \9\ See 19 CFR 351.309(c)(l)(ii) and 351.309(d)(l). Interested 
parties will be notified through ACCESS regarding the deadline for 
submitting case briefs; see also 19 CFR 351.303 (for general filing 
requirements).
    \10\ See 19 CFR 351.309(c)(2)(d)(2).
    \11\ See 19 CFR 351.303.
    \12\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, within 30 days 
after the date of publication of this notice. Requests should contain 
the party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, and a list 
of the issues to be discussed. If a request for a hearing is made, 
Commerce intends to hold the hearing at a time and date to be 
determined.

Notification to Interested Parties

    This determination is issued and published in accordance with 
section 781(b) of the Act and 19 CFR 351.226(g)(1).

    Dated: August 22, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Merchandise Subject to the Circumvention Inquiry
V. Period of Circumvention Inquiry
VI. Affiliation and Collapsing
VII. Statutory and Regulatory Framework for Circumvention Inquiries
VIII. Statutory Analysis for the Circumvention Inquiry
IX. Summary of Statutory Analysis
X. Verification
XI. Country-Wide Negative Determination of Circumvention
XII. Recommendation

[FR Doc. 2022-18399 Filed 8-25-22; 8:45 am]
BILLING CODE 3510-DS-P