[Federal Register Volume 88, Number 86 (Thursday, May 4, 2023)]
[Notices]
[Pages 28498-28500]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09422]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-520-807]


Circular Welded Carbon-Quality Steel Pipe From the United Arab 
Emirates: 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) determines that the 
producers/exporters subject to this administrative review made sales of 
subject merchandise at prices less than normal value during the period 
of review (POR), December 1, 2020, through November 30, 2021.

DATES: Applicable May 4, 2023.

FOR FURTHER INFORMATION CONTACT: Benjamin A. Luberda or 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) 482-2185 
or (202) 482-4682, respectively.

SUPPLEMENTARY INFORMATION:

Background

    This review covers five producers/exporters of the subject 
merchandise. Commerce selected two mandatory respondents for individual 
examination: Ajmal Steel Tubes & Pipes Ind. L.L.C./Ajmal Steel Tubes & 
Pipes Ind. L.L.C.-Branch-1 (collectively, Ajmal) \1\ and Universal Tube 
and Plastic Industries, Ltd./THL Tube and Pipe Industries LLC/KHK 
Scaffolding and Formwork LLC (collectively, Universal).\2\ The 
producers/exporters not selected for individual examination are Conares 
Metal Supply Limited, TSI Metal Industries L.L.C.,\3\ and K.D. 
Industries Inc.
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    \1\ We collapsed Ajmal Steel Tubes & Pipes Ind. L.L.C. and Noble 
Steel Industries L.L.C. (Noble Steel) together in the final results 
of the 2016-2017 administrative review. 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) (CWP from the UAE 2016-2017 Final Results). 
Because there is no information on the record of this administrative 
review that would lead us to revisit this determination, we continue 
to treat these companies as part of a single entity for the purposes 
of this administrative review. In the final results of the 2019-2020 
administrative review, we found that Ajmal Steel Tubes & Pipes Ind., 
L.L.C.-Branch-1 is the successor-in-interest to Noble Steel. See 
Circular Welded Carbon-Quality Steel Pipe from the United Arab 
Emirates: Final Results of Antidumping Duty Administrative Review; 
2019-2020, 87 FR 41111 (July 11, 2022) (CWP from the UAE 2019-2020 
Final Results).
    \2\ Commerce previously determined that Universal is a single 
entity consisting of the following three producers/exporters of 
subject merchandise: Universal Tube and Plastic Industries, Ltd.; 
KHK Scaffolding and Formwork LLC; and Universal Tube and Pipe 
Industries LLC (UTP). See Circular Welded Carbon-Quality Steel Pipe 
from the United Arab Emirates: Affirmative Preliminary Determination 
of Sales at Less Than Fair Value and Postponement of Final 
Determination, 81 FR 36882 (June 8, 2016), and accompanying 
Preliminary Decision Memorandum (PDM), unchanged in 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), and accompanying Issues and Decision Memorandum. Because 
there is no information on the record of this administrative review 
that would lead us to revisit this determination, we are continuing 
to treat these companies as part of a single entity for the purposes 
of this administrative review. Additionally, we previously 
determined that THL Tube and Pipe Industries LLC is the successor-
in-interest to UTP. See CWP from the UAE 2016-2017 Final Results.
    \3\ In the final results of the 2019-2020 administrative review, 
we found that TSI Metal Industries L.L.C. is the successor-in-
interest to Tiger Steel Industries L.L.C. See CWP from the UAE 2019-
2020 Final Results.
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    On December 28, 2022, Commerce published the Preliminary 
Results.\4\ A summary of the events that occurred since Commerce 
published the

[[Page 28499]]

Preliminary Results, as well as a full discussion of the issues raised 
by interested parties for these final results, may be found in the 
Issues and Decision Memorandum.\5\ The Issues and 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 Issues 
and Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \4\ See Circular Welded Carbon-Quality Steel Pipe from the 
United Arab Emirates: Preliminary Results of Antidumping Duty 
Administrative Review; 2020-2021, 87 FR 79862 (December 28, 2022) 
(Preliminary Results), and accompanying PDM, corrected by the 
Federal Register in Circular Welded Carbon-Quality Steel Pipe from 
the United Arab Emirates: Preliminary Results of Antidumping Duty 
Administrative Review; 2020-2021, 88 FR 7404 (February 3, 2023).
    \5\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2020-2021 Administrative Review of the 
Antidumping Duty Order on Circular Welded Carbon-Quality Steel Pipe 
from the United Arab Emirates,'' dated concurrently with, and hereby 
adopted by, this notice (Issues and Decision Memorandum).
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    Commerce conducted this administrative review in accordance with 
section 751 of the Tariff Act of 1930, as amended (the Act).

Scope of the Order 6
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    \6\ 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).
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    The merchandise subject to the Order is welded carbon-quality steel 
pipes and tube, of circular cross-section, with an outside diameter not 
more than nominal 16 inches (406.4 mm), regardless of wall thickness, 
surface finish, end finish, or industry specification, and generally 
known as standard pipe, fence pipe and tube, sprinkler pipe, or 
structural pipe (although subject product may also be referred to as 
mechanical tubing). The products subject to this Order are currently 
classifiable in Harmonized Tariff Schedule of the United States (HTSUS) 
statistical reporting numbers 7306.19.1010, 7306.19.1050, 7306.19.5110, 
7306.19.5150, 7306.30.1000, 7306.30.5015, 7306.30.5020, 7306.30.5025, 
7306.30.5032, 7306.30.5040, 7306.30.5055, 7306.30.5085, 7306.30.5090, 
7306.50.1000, 7306.50.5030, 7306.50.5050, and 7306.50.5070. Although 
the HTSUS numbers are provided for convenience and for customs 
purposes, the written product description remains dispositive.\7\
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    \7\ For a complete description of the scope of the Order, see 
the Issues and Decision Memorandum.
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Analysis of Comments Received

    All issues raised by interested parties to this administrative 
review are addressed in the Issues and Decision Memorandum. For a list 
of issues raised by parties, see the appendix to this notice.

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding the Preliminary Results, we made certain 
changes to the preliminary weighted-average dumping margin calculations 
for Ajmal, Universal, and the non-examined companies.\8\
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    \8\ See the Issues and Decision Memorandum.
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Rate for Non-Examined Companies

    The Act and Commerce's regulations do not address the establishment 
of a weighted-average dumping margin 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 
less-than-fair-value (LTFV) investigation, for guidance when 
calculating the weighted-average dumping margin 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 rates that are zero, de 
minimis (i.e., less than 0.5 percent), or determined entirely on the 
basis of facts available.
    For the final results, Commerce calculated weighted-average dumping 
margins for Ajmal and Universal that are not zero, de minimis, or based 
entirely on facts otherwise available. Accordingly, Commerce has 
continued to calculate the rate for companies not selected for 
individual examination using a weighted average of the weighted-average 
dumping margins calculated for Ajmal and Universal, weighted by each 
respondent's publicly-ranged total U.S. sales value.\9\
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    \9\ When Commerce's individual examination of respondents is 
limited to two respondents, Commerce normally calculates: (A) a 
weighted average of the weighted-average dumping margins calculated 
for the individually-examined respondents; (B) a simple average of 
the weighted-average dumping margins calculated for the 
individually-examined respondents; and (C) a weighted average of the 
weighted-average dumping margins calculated for the individually-
examined respondents using each company's publicly-ranged U.S. sales 
quantities of subject merchandise. Commerce then compares then 
compares (B) and (C) to (A) and selects either the (B) or (C) rate 
based on the rate closest to (A) as the most appropriate rate for 
companies not selected for individual examination, as using the (A) 
rate would result in the disclosure of business proprietary 
information. See, e.g., Ball Bearings and Parts Thereof from France, 
Germany, Italy, Japan, and the United Kingdom: Final Results of 
Antidumping Duty Administrative Reviews, Final Results of Changed-
Circumstances Review, and Revocation of an Order in Part, 75 FR 
53661, 53663 (September 1, 2010). In this review, Commerce based the 
rate for companies not selected for individual examination on the 
publicly-ranged sales data of the mandatory respondents. For an 
analysis of the data, see Memorandum, ``Calculation of the Non-
Selected Companies Rate for the Final Results,'' dated concurrently 
with this notice.
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Final Results of Review

    We calculated the following weighted-average dumping margins for 
the companies listed below for the period December 1, 2020, through 
November 30, 2021:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                Exporter and/or producer                  dumping margin
                                                             (percent)
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Ajmal Steel Tubes & Pipes Ind. L.L.C./Ajmal Steel Tubes             5.06
 & Pipes Ind. L.L.C.-Branch-1...........................
Universal Tube and Plastic Industries, Ltd./THL Tube and            2.63
 Pipe Industries LLC/KHK Scaffolding and Formwork LLC...
Conares Metal Supply Limited............................            3.63
TSI Metal Industries L.L.C..............................            3.63
K.D. Industries Inc.....................................            3.63
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[[Page 28500]]

Disclosure

    We intend to disclose the calculations performed within five days 
of the date of publication of this notice to parties in this 
proceeding, 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)(1), 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 the final results of 
this review.
    Pursuant to 19 CFR 351.212(b)(1), because Ajmal and Universal 
reported the entered value of their U.S. sales, we calculated importer-
specific ad valorem duty assessment rates for antidumping duties based 
on the ratio of the total amount of dumping calculated for the examined 
sales to each importer to the total entered value of those sales. Where 
an importer-specific assessment rate is de minimis (i.e., less than 0.5 
percent), the entries by that importer will be liquidated without 
regard to antidumping duties.
    Commerce's ``automatic assessment'' will apply to entries of 
subject merchandise during the POR produced or exported by Ajmal or 
Universal for which the company did not know that the merchandise they 
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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    For the companies that were not selected for individual review, the 
assessment rate for antidumping duties will be equal to the weighted-
average dumping margin determined in these final results.
    We intend 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 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 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 each company 
listed above will be that established in the 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 
companies not subject to this review, the cash deposit 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 a previous segment, but the producer is, then the 
cash deposit rate will be the rate established for the most recent 
segment for the producer of the merchandise; and (4) the cash deposit 
rate for all other producers or exporters will continue to be 5.95 
percent, the all-others rate established in the LTFV investigation.\11\
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    \11\ 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, 91908 (December 19, 2016).
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    These cash deposit requirements, when imposed, shall remain in 
effect until further notice.

Notification to Importers

    This notice 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 this review period. 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 serves as the only reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the disposition 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 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(a)(1) and 777(i) of the Act.

    Dated: April 27, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Changes From the Preliminary Results
V. Discussion of the Issues
    Comment 1: Differential Pricing Analysis
    Comment 2: Treatment of Section 232 Duties
    Comment 3: Selection of the Correct Universes of Sales for Ajmal 
for the Period of Review (POR)
    Comment 4: Calculation of Universal's Imputed Credit Expense for 
U.S. Sales
    Comment 5: Application of Partial Adverse Facts Available (AFA) 
for Universal's Reported Freight Revenue on U.S. Sales
VI. Recommendation

[FR Doc. 2023-09422 Filed 5-3-23; 8:45 am]
BILLING CODE 3510-DS-P