[Federal Register Volume 87, Number 249 (Thursday, December 29, 2022)]
[Notices]
[Pages 80159-80160]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28379]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-122-863]


Large Diameter Welded Pipe From Canada: Amended Final Results of 
Antidumping Duty Administrative Review; 2020-2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) is amending the 
final results of the administrative review of the antidumping duty 
order on large diameter welded pipe from Canada to correct ministerial 
errors. The period of review (POR) is May 1, 2020, through April 30, 
2021.

DATES: Applicable December 29, 2022.

FOR FURTHER INFORMATION CONTACT: Irene Gorelik or Faris Montgomery, 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) 482-6905 or (202) 
482-1537, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On November 18, 2022, Commerce disclosed its calculations to 
interested parties and provided interested parties with the opportunity 
to submit ministerial error comments.\1\ On November 23, 2022, Commerce 
published its final results of administrative review.\2\ On November 
25, 2022, Evraz submitted allegations of ministerial errors in the 
Final Results.\3\ No other party made an allegation of ministerial 
errors. On November 30, 2022, the American Line Pipe Producers 
Association (Domestic Interested Party) rebutted Evraz's ministerial 
error allegations.\4\
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    \1\ See Memorandum, ``Deadline for Ministerial Error Comments 
for the Final Results,'' dated November 18, 2022.
    \2\ See Large Diameter Welded Pipe from Canada: Final Results of 
Antidumping Duty Administrative Review; 2020-2021, 87 FR 71580 
(November 23, 2022) (Final Results), and accompanying Issues and 
Decision Memorandum (IDM).
    \3\ See Evraz Letter, ``Ministerial Error Comments,'' dated 
November 25, 2022 (Ministerial Error Allegations). Commerce extended 
the deadline for parties to file ministerial error allegations. See 
Commerce's Letter, ``Deadline Extension Request for Submitting 
Ministerial Error Allegations,'' dated November 23, 2022.
    \4\ See Domestic Interested Party's Letter, ``Response to 
Evraz's Ministerial Error Allegation,'' dated November 30, 2022.
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Legal Framework

    Section 751(h) of the Tariff Act of 1930, as amended (the Act), 
defines a ``ministerial error'' as including ``errors in addition, 
subtraction, or other arithmetic function, clerical errors resulting 
from inaccurate copying, duplication, or the like, and any other 
unintentional error which the administering authority considers 
ministerial.'' With respect to final results of administrative reviews, 
19 CFR 351.224(e) provides that Commerce ``will analyze any comments 
received and, if appropriate, correct any ministerial error by amending 
. . . the final results of review . . . .''

Ministerial Errors

    We agree with Evraz that Commerce made ministerial errors in the 
Final Results within the meaning of section 751(h) of the Act and 19 
CFR 351.224(f). In the Final Results, we made certain revisions to the 
preliminary results,\5\ including revisions to the general and 
administrative (G&A) expense ratio and the scrap cost adjustment. In 
its ministerial error comments, Evraz alleged that in revising the 
basis of the G&A expense rate, Commerce: (1) double-counted certain 
line items in the G&A expense ratio and the cost data file and also; 
(2) consequently, double-counted line items which were reported as home 
market indirect selling expenses.\6\ Evraz also alleged that Commerce 
incorrectly included intra-company transfers in the scrap major input 
cost adjustment.\7\
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    \5\ See Final Results IDM at 3 and Comments 2, 3, 5, and 6.
    \6\ See Ministerial Error Allegations at 1-4.
    \7\ Id. at 4-5.
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    Commerce determines that it made ministerial errors in the Final 
Results pursuant to section 751(h) of the Act and 19 CFR 351.224(f) and 
has amended its calculations with regard to the G&A expense rate and 
the scrap cost adjustment.
    For a complete discussion of the ministerial error allegations, as 
well as Commerce's analysis, see the accompanying Ministerial Error 
Memorandum.\8\ The Ministerial Error Memorandum is a public document 
and is on file electronically via ACCESS. ACCESS is available to 
registered users at https://access.trade.gov.
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    \8\ See Memorandum, ``Administrative Review of the Antidumping 
Duty Order on Large Diameter Welded Pipe from Canada; 2020-2021: 
Ministerial Error Allegations in the Final Results,'' dated 
concurrently with this notice Ministerial Error Memorandum).
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    Pursuant to 19 CFR 351.224(e), Commerce is amending the Final 
Results to reflect the correction of these ministerial errors in the 
calculation of the weighted-average dumping margin assigned to Evraz in 
the Final Results, which changes from 36.02 percent to 26.15 percent.

Amended Final Results

    As a result of correcting the ministerial errors, Commerce 
determines that the following weighted-average dumping margin exists 
for the period May 1, 2020, through April 30, 2021:
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    \9\ In the underlying investigation, Commerce treated Evraz Inc. 
NA, Evraz Inc. NA Canada, and the Canadian National Steel 
Corporation (collectively, Evraz) as a single entity. See Large 
Diameter Welded Pipe from Canada: Antidumping Duty Order, 84 FR 
18775, 18776 (May 2, 2019) (Order). There is no information on this 
record of this review that requires reconsideration of this single 
entity determination.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Exporter or producer                        dumping
                                                                margin
                                                               (percent)
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Evraz Inc. NA \9\...........................................       26.15
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Disclosure

    We intend to disclose to parties in this proceeding under 
administrative protective order, the amended final results calculations 
performed within five days after publication of these

[[Page 80160]]

amended final results in the Federal Register, 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), 
Commerce has determined, and U.S. Customs and Border Protection (CBP) 
shall assess, antidumping duties on all appropriate entries of subject 
merchandise in accordance with these amended final results of review. 
Commerce intends to issue assessment instructions to CBP no earlier 
than 41 days after the date of publication of the amended final results 
of this review in the Federal Register, in accordance with 19 CFR 
356.8(a).
    Pursuant to 19 CFR 351.212(b)(1), 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. Where 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's ``automatic assessment'' practice will apply to entries 
of subject merchandise during the POR produced by Evraz for which the 
company did not know that the merchandise it 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.\10\
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    \10\ 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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Cash Deposit Requirements

    The following 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 Evraz will be 
equal to the weighted- average dumping margin that is established in 
the amended 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 or reviewed companies not subject to 
this review, the cash deposit rate will continue to be the company-
specific rate published for the most recently completed segment of this 
proceeding in which the company participated; (3) if the exporter is 
not a firm covered in this review, a prior review, or the original 
less-than-fair-value (LTFV) investigation, but the producer is, the 
cash deposit rate will be the rate established for the most recently 
completed segment of the proceeding for the producer of the 
merchandise; and (4) the cash deposit rate for all other producers and 
exporters will continue to be 12.32 percent ad valorem, the all-others 
rate established in the LTFV investigation.\11\
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    \11\ See Order.
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    These cash deposit requirements, when imposed, shall remain in 
effect until further notice.

Notification to Importers

    This notice also 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 the 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.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the return or destruction 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 the return or 
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(h) and 777(i)(1) of the Act, and 19 CFR 351.224(e).

    Dated: December 22, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-28379 Filed 12-28-22; 8:45 am]
BILLING CODE 3510-DS-P