[Federal Register Volume 88, Number 49 (Tuesday, March 14, 2023)]
[Notices]
[Page 15674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05194]



[[Page 15674]]

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

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 Administrative Review; Notice of Amended Final Results

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

SUMMARY: On March 3, 2023, the U.S. Court of International Trade (CIT) 
issued its final judgment in Ajmal Steel Tubes & Pipes Industries LLC. 
v. United States, Consol. Court No. 21-00587, 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 from the United Arab Emirates (UAE) 
covering the period December 1, 2018, through November 30, 2019. 
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 Ajmal Steel Tubes & Pipes Industries LLC 
(Ajmal).

DATES: Applicable March 13, 2023.

FOR FURTHER INFORMATION CONTACT: Alice Maldonado, 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) 482-4682.

SUPPLEMENTARY INFORMATION: 

Background

    On October 27, 2021, Commerce published its Final Results in the 
2018-2019 AD administrative review of circular welded carbon-quality 
steel pipe from UAE.\1\ Commerce found that the use of facts available 
was warranted, pursuant to section 776(a) of the Tariff Act of 1930, as 
amended (the Act), and that Ajmal failed to cooperate to the best of 
its ability to comply with a request for information, within the 
meaning of section 776(b)(1) of the Act. Consequently, Commerce 
assigned Ajmal the highest dumping margin alleged in the petition 
(i.e., 54.27 percent), in accordance with section 776(b) of the Act and 
19 CFR 351.308(a).\2\
---------------------------------------------------------------------------

    \1\ See Circular Welded Carbon-Quality Steel Pipe from the 
United Arab Emirates: Final Results of Antidumping Duty 
Administrative Review; 2018-2019, 86 FR 59364 (October 27, 2021) 
(Final Results).
    \2\ See Circular Welded Carbon-Quality Steel Pipe from the 
Sultanate of Oman, Pakistan, the Philippines, the United Arab 
Emirates, and the Socialist Republic of Vietnam: Initiation of Less-
Than-Fair-Value Investigations, 80 FR 73708, 73712 (November 17, 
2015).
---------------------------------------------------------------------------

    Ajmal appealed Commerce's Final Results. On October 28, 2022, the 
CIT remanded the Final Results to Commerce to accept and consider 
Ajmal's section A response and to determine a new estimated dumping 
margin for Ajmal that does not resort to section 776 of the Act with 
respect to the filing of the company's response to section A of the 
questionnaire.\3\
---------------------------------------------------------------------------

    \3\ See Ajmal Steel Tubes & Pipes Industries LLC. v. United 
States, Slip Op. 22-121, Consol. Court No. 21-00587 (CIT 2022) at 
11.
---------------------------------------------------------------------------

    In its final remand redetermination, issued in January 2023, 
Commerce calculated Ajmal's weighted-average dumping margin based on 
Ajmal's reported data.\4\ The CIT sustained Commerce's final 
redetermination.\5\
---------------------------------------------------------------------------

    \4\ See Final Results of Redetermination Pursuant to Court 
Remand, Ajmal Steel Tubes & Pipes Industries LLC. v. United States, 
Consol. Court No. 21-00587, Slip Op. 22-121, dated January 26, 2023, 
available at https://access.trade.gov/Resources/remands/22-121.pdf.
    \5\ See Ajmal Steel Tubes & Pipes Industries LLC. v. United 
States, Slip Op. 23-27, Court No. 21-00587 (CIT 2023).
---------------------------------------------------------------------------

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 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 March 3, 2023, 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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

Amended Final Results

    Because there is now a final court judgment, Commerce is amending 
its Final Results with respect to Ajmal as follows:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                     Exporter/producer                         dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Ajmal Steel Tubes & Pipes Ind. LLC.........................        0.57
------------------------------------------------------------------------

Cash Deposit Requirements

    Because Ajmal 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 Ajmal and 
entered, or withdrawn from warehouse, for consumption during the period 
December 1, 2018, through November 30, 2019. 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 Ajmal 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 
import-specific ad valorem assessment rate is zero or de minimis,\8\ we 
will instruct CBP to liquidate the appropriate entries without regard 
to antidumping duties.
---------------------------------------------------------------------------

    \8\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------

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: March 8, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-05194 Filed 3-13-23; 8:45 am]
BILLING CODE 3510-DS-P