[Federal Register Volume 87, Number 248 (Wednesday, December 28, 2022)]
[Notices]
[Pages 79865-79867]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28172]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-523-812]


Circular Welded Carbon-Quality Steel Pipe From the Sultanate of 
Oman: Preliminary Results of Antidumping Duty Administrative Review; 
Deferred 2019-2020 Period and Concurrent 2020-2021 Period

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds 
that circular welded carbon-quality steel pipe (CWP) from the Sultanate 
of Oman (Oman) was sold in the United States at less than normal value 
(NV) during the period of review (POR), December 1, 2019, through 
November 30, 2020, and the POR, December 1, 2020, through November 30, 
2021. Interested parties are invited to comment on these preliminary 
results.

DATES: Applicable December 28, 2022.

FOR FURTHER INFORMATION CONTACT: Samuel Glickstein or Dennis McClure, 
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) 482-5307 
or (202) 482-5973, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    In accordance with section 751(a)(2) of the Tariff Act of 1930, as 
amended (the Act), Commerce is conducting an administrative review of 
the antidumping duty order on CWP from Oman.\1\ On February 4, 2021, 
Commerce published the initiation of the 2019-2020 administrative 
review of the Order with respect to three companies, excluding Al 
Jazeera Steel Products Co. SAOG (Al Jazeera).\2\ Pursuant to 19 CFR 
351.213(c), Commerce received a request from Al Jazeera Steel Products 
Co. SAOG (Al Jazeera) to defer the 2019-2020 administrative review with 
respect to itself for one year.\3\ Commerce did not receive any 
objections to the deferral within 15 days after the end of the December 
2020 anniversary month. As such, we deferred the initiation of the 
administrative review for the 2019-2020 POR with respect to Al Jazeera 
to the month immediately following the next anniversary month.\4\ On 
February 4, 2022, in accordance with 19 CFR 351.221(c)(1)(i), Commerce 
published its initiation of an administrative review of the Order for 
the 2019-2020 POR with respect to Al Jazeera.\5\ On the same day, 
Commerce also published its initiation of a review of the Order for the 
2020-2021 POR covering four exporters/producers,\6\ of which we 
selected Al Jazeera as the mandatory respondent.\7\
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    \1\ 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).
    \2\ These three companies are: Al Samna Metal Manufacturing & 
Trading Company LLC (Al Samna); Bollore Logistics (Oman) LLC 
(Bollore Logistics); and Transworld Shipping Trading & Logistics 
Services LLC (Transworld Shipping). See Initiation of Antidumping 
and Countervailing Duty Administrative Reviews, 86 FR 8166 (February 
4, 2021) (February 2021 Initiation Notice). On March 9, 2021, 
Commerce rescinded the administrative review for the 2019-2020 POR 
with respect to these companies. See Circular Welded Carbon-Quality 
Steel Pipe from Oman: Rescission of Antidumping Duty Administrative 
Review; 2019-2020, 86 FR 13525 (March 9, 2021) (CWP from Oman 
Rescission).
    \3\ Id. at Footnote 12.
    \4\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 6487 (February 4, 2022) (February 2022 
Initiation Notice), at fn. 6.
    \5\ See February 2022 Initiation Notice.
    \6\ The four companies are: Al Jazeera; Al Samna; Bollore 
Logistics; and Transworld Shipping. See February 2022 Initiation 
Notice.
    \7\ See Memorandum, ``Respondent Selection,'' dated March 7, 
2022.
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    On August 17, 2022, we extended the deadline for the preliminary 
results of this review until December 21, 2022.\8\ For a complete 
description of the events between the initiation of this review and 
these preliminary results, see the Preliminary Decision Memorandum.\9\
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    \8\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated August 
17, 2022.
    \9\ See Memorandum, ``Circular Welded Carbon-Quality Steel Pipe 
from the Sultanate of Oman: Decision Memorandum for the Preliminary 
Results of Antidumping Duty Administrative Review; Deferred 2019-
2020 Period and Concurrent 2020-2021 Period,'' dated concurrently 
with, and hereby adopted by, this notice (Preliminary Decision 
Memorandum).
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Scope of the Order

    The merchandise subject to the Order is CWP from Oman. For a 
complete description of the scope of the Order, see the Preliminary 
Decision Memorandum.\10\
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    \10\ Id. at ``Scope of the Order.''
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Methodology

    Commerce is conducting this review in accordance with section 
751(a) of the Act. Export price is calculated in accordance with 
section 772 of the Act. NV is calculated in accordance with section 773 
of the Act.
    For a full description of the methodology underlying these 
preliminary results, see the Preliminary Decision Memorandum. A list of 
topics discussed in the Preliminary Decision Memorandum is attached as 
the 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.

Rate for Non-Examined Companies

    The statute and Commerce's regulations do not address the 
establishment of a rate 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 market 
economy less-than-fair-value (LTFV) investigation, for guidance when 
determining the rate 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 any zero and de minimis margins, and any 
margins determined entirely {on the basis of facts available{time} .''
    For the 2020-2021 POR, we have preliminarily calculated a weighted-

[[Page 79866]]

average dumping margin for Al Jazeera that is not zero, de minimis, or 
determined entirely on the basis of facts available. Accordingly, 
Commerce has preliminarily assigned to companies not individually 
examined for the 2020-2021 POR a margin of 2.37 percent, which is Al 
Jazeera's calculated weighted-average dumping margin for the 2020-2021 
POR in this administrative review.

Preliminary Results

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margins exist for the periods December 1, 
2019, through November 30, 2020, and December 1, 2020, through November 
30, 2021:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                                   Weighted-  average     dumping margin
                                   dumping margin for      for  December
      Exporter/producer           December 1, 2019 to       1,  2020 to
                                 November 30,  2020 POR    November 30,
                                       (percent)             2021 POR
                                                             (percent)
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Al Jazeera Steel Products Co.  4.61.....................            2.37
 SAOG.
Al Samna Metal Manufacturing   Not Applicable...........            2.37
 & Trading Company LLC \11\.
Bollore Logistics (Oman) LLC   Not Applicable...........            2.37
 \12\.
Transworld Shipping Trading &  Not Applicable...........            2.37
 Logistics Services LLC \13\.
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Disclosure and Public Comment
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    \11\ As noted above, on March 9, 2021, Commerce rescinded the 
administrative review for the 2019-2020 POR for this company. See 
CWP from Oman Rescission, 86 FR at 13525.
    \12\ Id.
    \13\ Id.
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    We intend to disclose the calculations performed for these 
preliminary results of review to interested parties within five days of 
the date of publication of this notice in accordance with 19 CFR 
351.224(b). Interested parties may submit case briefs no later than 30 
days after the date of publication of this notice.\14\ Rebuttal briefs, 
the content of which is limited to the issues raised in the case 
briefs, must be filed within seven days from the deadline date for the 
submission of case briefs.\15\ Parties who submit case or rebuttal 
briefs in this proceeding are requested to submit with each argument: 
(1) a statement of the issue; (2) a brief summary of the argument; and 
(3) a table of authorities.\16\ Case and rebuttal briefs should be 
filed electronically via ACCESS. Note that Commerce has temporarily 
modified certain of its requirements for serving documents containing 
business proprietary information, until further notice.\17\
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    \14\ See 19 CFR 351.309(c)(1)(ii).
    \15\ See 19 CFR 351.309(d)(1) and (2); see also Temporary Rule 
Modifying AD/CVD Service Requirements Due to COVID-19, 85 FR 17006, 
17007 (March 26, 2020) (``To provide adequate time for release of 
case briefs via ACCESS, E&C intends to schedule the due date for all 
rebuttal briefs to be 7 days after case briefs are filed (while 
these modifications remain in effect).'')
    \16\ See 19 CFR 351.309(c)(2) and (d)(2).
    \17\ 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 must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS. An electronically-filed document must be received successfully 
in its entirety by ACCESS by 5 p.m. Eastern Time within 30 days after 
the date of publication of this notice.\18\ Hearing requests should 
contain: (1) the party's name, address, and telephone number; (2) the 
number of participants; (3) whether any participant is a foreign 
national, and (4) a list of issues to be discussed. Issues raised in 
the hearing will be limited to issues raised in the briefs. If a 
request for a hearing is made, Commerce intends to hold the hearing at 
a time and date to be determined.\19\
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    \18\ See 19 CFR 351.310(c).
    \19\ Id.
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    Commerce intends to issue the final results of this administrative 
review, including the results of its analysis raised in any written 
briefs, no later than 120 days after the publication of these 
preliminary results in the Federal Register, unless this deadline is 
otherwise extended.\20\
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    \20\ See section 751(a)(3)(A) of the Act; see also 19 CFR 
351.213(h).
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Assessment Rates

    Upon completion of this administrative review, Commerce shall 
determine and U.S. Customs and Border Protection (CBP) shall assess 
antidumping duties on all appropriate entries for the 2019-2020 POR and 
the 2020-2021 POR, at the applicable ad valorem assessments rates 
listed for the corresponding review period. If Al Jazeera's weighted-
average dumping margin is not zero or de minimis (i.e., less than 0.50 
percent) in the final results of this review, we will calculate 
importer-specific ad valorem assessment rates on the basis of the ratio 
of the total amount of dumping calculated for an importer's examined 
sales and the total entered value of such sales in accordance with 19 
CFR 351.212(b)(1). Where either the respondent's weighted-average 
dumping margin is zero or de minimis within the meaning of 19 CFR 
351.106(c), or 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 clarified its ``automatic assessment'' regulation on May 
6, 2003.\21\ This clarification applies to entries of subject 
merchandise during the 2019-2020 POR and the 2020-2021 POR produced by 
Al Jazeera for which it did not know its merchandise 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. For the 
companies which were not selected for individual examination in the 
2020-2021 POR, we intend to assign an assessment rate based on the 
methodology described in the ``Rate for Non-Examined Companies'' 
section above.
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    \21\ For a full discussion of this clarification, see 
Antidumping and Countervailing Duty Proceedings: Assessment of 
Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    Commerce intends 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

[[Page 79867]]

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 subject merchandise entered, or withdrawn from warehouse, 
for consumption on or after the date of publication 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 company 
listed above will be equal to the weighted-average dumping margin 
established in the final results of this review for the 2020-2021 POR, 
except, if that rate is de minimis, then the cash deposit rate will be 
zero; (2) for previously reviewed or investigated companies not listed 
in the final results of this review, the cash deposit rate 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 firm covered in this review or another completed segment of this 
proceeding, but the producer is, then the cash deposit rate will be the 
rate established for the most recently completed segment of this 
proceeding for the producer of the merchandise; and (4) if neither the 
exporter nor the producer is a firm covered in this or any previously 
completed segment of this proceeding, then the cash deposit rate will 
be the all-others rate of 7.36 percent that was established in the LTFV 
investigation.\22\ These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \22\ See Order, 81 FR at 91908.
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Notification to Importers

    This notice serves as a preliminary 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 2019-2020 POR and the 2020-2021 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 to Interested Parties

    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213 and 
351.221(b)(4).

    Dated: December 20, 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. Companies Not Selected For Individual Examination
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation

[FR Doc. 2022-28172 Filed 12-27-22; 8:45 am]
BILLING CODE 3510-DS-P