[Federal Register Volume 87, Number 241 (Friday, December 16, 2022)]
[Notices]
[Pages 77071-77072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27329]



[[Page 77071]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[[A-520-807]


Circular Welded Carbon-Quality Steel Pipe From the United Arab 
Emirates: Notice of Court Decision Not in Harmony With the Results of 
Antidumping Duty Administrative Review; Notice of Amended Final Results

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

SUMMARY: On December 8, 2022, the U.S. Court of International Trade 
(CIT) issued its final judgment in Universal Tube and Plastic Indus., 
Ltd. v. United States, Court no. 20-03944, sustaining the Department of 
Commerce (Commerce)'s remand results pertaining to the administrative 
review of the antidumping duty (AD) order on circular welded carbon-
quality steel pipe (CWP) from the United Arab Emirates (UAE) covering 
the period December 1, 2017, through November 30, 2018. Commerce is 
notifying the public that the CIT's final judgment is not in harmony 
with Commerce's final results of the administrative review, and that 
Commerce is amending the final results with respect to the dumping 
margin assigned to Universal Tube and Plastic Industries, Ltd. (UTP)/
THL Tube and Pipe Industries LLC (THL)/KHK Scaffolding and Formwork LLC 
(KHK) (collectively, Universal).

DATES: Applicable December 18, 2022.

FOR FURTHER INFORMATION CONTACT: Benjamin A. Luberda, 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.

SUPPLEMENTARY INFORMATION: 

Background

    On December 1, 2020, Commerce published its Final Results in the 
2017-2018 AD administrative review of CWP from the UAE, in which 
Commerce calculated a weighted-average dumping margin of 3.79 percent 
for Universal.\1\ After correcting ministerial errors contained in the 
Final Results, on January 5, 2021, Commerce published the Amended Final 
Results and revised the calculated weighted-average dumping margin for 
Universal to 3.63 percent.\2\
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    \1\ See Circular Welded Carbon-Quality Steel Pipe from the 
United Arab Emirates: Final Results of Antidumping Duty 
Administrative Review; 2017-2018, 85 FR 77159, 77160 (December 1, 
2020) (Final Results). In the less-than-fair-value investigation, 
Commerce found that UTP, Universal Tube and Pipe Industries, LLC, 
and KHK should be treated as a single entity. See 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). Further, in the 2016-2017 administrative review of this 
order, we determined that THL is the successor-in-interest to 
Universal Tube and Pipe Industries, LLC. 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). Absent information to the contrary, Commerce 
continued to treat Universal as a single entity for the purposes of 
the 2017-2018 administrative review of this order. See Circular 
Welded Carbon-Quality Steel Pipe from the United Arab Emirates: 
Preliminary Results of Antidumping Duty Administrative Review; 2017-
2018, 85 FR 7279, 7279 (n. 3) (February 7, 2020), and accompanying 
Preliminary Decision Memorandum (PDM), unchanged in Final Results 
and Circular Welded Carbon-Quality Steel Pipe from the United Arab 
Emirates: Amended Final Results of Antidumping Duty Administrative 
Review, 86 FR 289 (January 5, 2021) (Amended Final Results).
    \2\ See Amended Final Results.
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    Universal appealed Commerce's Final Results/Amended Final Results. 
On July 15, 2022, the CIT remanded the Final Results/Amended Final 
Results to Commerce, holding that Commerce: (1) failed to demonstrate 
that its methodology to determine whether to grant a level of trade 
(LOT) adjustment and/or a constructed export price (CEP) offset 
achieved a ``fair comparison'' between CEP and normal value; and (2) 
failed to consider certain record evidence in its final finding that 
neither an LOT adjustment nor CEP offset was warranted for 
Universal.\3\
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    \3\ See Universal Tube and Plastic Indus., Ltd. v. United 
States, Court No. 20-03944, Slip Op. 22-83 (CIT July 15, 2022).
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    In its final remand redetermination, issued in October 2022, 
Commerce found that Universal made sales in the home market at two 
LOTs, and therefore an LOT adjustment was warranted for Universal when 
comparing its U.S. sales to home market sales made at a more advanced 
LOT.\4\ The CIT sustained Commerce's final redetermination.\5\
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    \4\ See ``Universal Tube and Plastic Indus., Ltd. v. United 
States, Court No. 20-03944, Slip Op. 22-83 (CIT July 15, 2022) Final 
Results of Redetermination Pursuant to Court Remand,'' issued on 
October 13, 2022.
    \5\ See Universal Tube and Plastic Indus., Ltd. v. United 
States, Court No. 20-03944, Slip Op. 22-139 (CIT December 8, 2022).
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Timken Notice

    In its decision in Timken,\6\ as clarified by Diamond Sawblades,\7\ 
the Court of Appeals for the Federal Circuit held that, pursuant to 
section 516A(c) and (e) of the Tariff Act of 1930, as amended (the 
Act), Commerce must publish a notice of court decision that is not ``in 
harmony'' with a Commerce determination and must suspend liquidation of 
entries pending a ``conclusive'' court decision. The CIT's December 8, 
2022, judgment constitutes a final decision of the CIT that is not in 
harmony with Commerce's Final Results. Thus, this notice is published 
in fulfillment of the publication requirements of Timken.
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    \6\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken).
    \7\ See Diamond Sawblades Mfrs. Coal. v. United States, 626 F.3d 
1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Final Results

    Because there is now a final court judgment, Commerce is amending 
the calculated weighted-average dumping margin for Universal as 
follows:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                     Exporter/producer                         dumping
                                                                margin
                                                              (percent)
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Universal Tube and Plastic Industries, Ltd. (UTP)/THL Tube         1.18
 and Pipe Industries LLC (THL)/KHK Scaffolding and Formwork
 LLC.......................................................
------------------------------------------------------------------------

Cash Deposit Requirements

    Because Universal has a superseding cash deposit rate, i.e., there 
have been final results published in a subsequent administrative 
review, we will not issue revised cash deposit instructions to U.S. 
Customs and Border Protection (CBP). This notice will not affect the 
current cash deposit rate.

Liquidation of Suspended Entries

    At this time, Commerce remains enjoined by CIT order from 
liquidating entries that: were produced and exported by Universal, and 
were entered, or withdrawn from warehouse, for consumption during the 
period December 1, 2017, through November 30, 2018. These entries will 
remain enjoined pursuant to the terms of the injunction during the 
pendency of any appeals process.
    In the event the CIT's ruling is not appealed, or, if appealed, 
upheld by a final and conclusive court decision, Commerce intends to 
instruct CBP to assess antidumping duties on unliquidated entries of 
subject merchandise produced and exported by Universal in accordance 
with 19 CFR 351.212(b). We will instruct CBP to assess antidumping 
duties on all appropriate entries covered by this review when the 
importer-specific ad valorem assessment rate is not zero or de minimis. 
Where an importer-specific ad valorem assessment rate is zero or de

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minimis,\8\ we will instruct CBP to liquidate the appropriate entries 
without regard to antidumping duties.
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    \8\ See 19 CFR 351.106(c)(2).
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Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(c) and (e) and 777(i)(1) of the Act.

    Dated: December 12, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-27329 Filed 12-15-22; 8:45 am]
BILLING CODE 3510-DS-P