[Federal Register Volume 88, Number 115 (Thursday, June 15, 2023)]
[Notices]
[Pages 39227-39229]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12767]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-523-812]


Circular Welded Carbon-Quality Steel Pipe From the Sultanate of 
Oman: Final Results of Antidumping Duty Administrative Reviews; 
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) determines 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 periods of review (POR), December 1, 2019, through 
November 30, 2020, and December 1, 2020, through November 30, 2021.

DATES: Applicable June 15, 2023.

FOR FURTHER INFORMATION CONTACT: 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) 482-5973.

SUPPLEMENTARY INFORMATION:

Background

    On December 28, 2022, Commerce published the Preliminary Results of 
the deferred 2019-2020 administrative review and the concurrent 2020-
2021 administrative review of the antidumping duty order on CWP from 
Oman.\1\ We invited interested parties to

[[Page 39228]]

comment on the Preliminary Results.\2\ On April 20, 2023, we extended 
the deadline for the final results of these reviews until June 8, 
2023.\3\ The administrative review for the 2019-2020 POR covers Al 
Jazeera Steel Products Co. SAOG (Al Jazeera).\4\ The administrative 
review for the 2020-2021 POR covers four exporters/producers,\5\ of 
which we selected Al Jazeera as the mandatory respondent.\6\ For a 
summary of the events that occurred since the Preliminary Results, see 
the Issues and Decision Memorandum.\7\ Commerce conducted these reviews 
in accordance with section 751(a) of the Tariff Act of 1930, as amended 
(the Act).
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    \1\ See 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, 87 FR 79865 (December 28, 2022) (Preliminary 
Results), and accompanying Preliminary Decision Memorandum (PDM).
    \2\ See Preliminary Results, 87 FR at 79865.
    \3\ See Memorandum, ``Extension of Deadline for Final Results of 
Antidumping Duty Administrative Review,'' dated April 20, 2023.
    \4\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 6487 (February 4, 2022) (Initiation 
Notice) at fn. 6.
    \5\ The four companies are: Al Jazeera; 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 Notice.
    \6\ See Preliminary Results, 87 FR at 79865.
    \7\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Deferred 2019-2020 and Concurrent 2020-2021 
Antidumping Duty Administrative Review: Circular Welded Carbon-
Quality Steel Pipe from the Sultanate of Oman,'' dated concurrently 
with, and hereby adopted by, this notice (Issues and Decision 
Memorandum).
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Scope of the Order \8\
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    \8\ 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 CWP from Oman. For a 
complete description of the scope of the Order, see the Issues and 
Decision Memorandum.

Analysis of Comments Received

    All issues raised by parties in the case and rebuttal briefs are 
addressed in the Issues and Decision Memorandum. A list of the issues 
addressed in the Issues and Decision Memorandum is in the appendix to 
this notice. 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.

Changes Since the Preliminary Results

    Commerce received no comments and made no changes to the 
Preliminary Results for the 2019-2020 POR. Based on a review of the 
record and comments received from interested parties regarding our 
Preliminary Results for the 2020-2021 POR, we made certain changes to 
the preliminary weighted-average dumping margin calculations for Al 
Jazeera for the 2020-2021 POR.\9\ As a result of these changes, the 
preliminary weighted-average dumping margin also changes for the 
companies subject to this review, but not selected for individual 
examination.
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    \9\ See Issues and Decision Memorandum.
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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 less-
than-fair-value (LTFV) investigation, for guidance when calculating 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 rates that 
are zero, de minimis (i.e., less than 0.5 percent), or determined 
entirely on the basis of facts available.
    No companies other than Al Jazeera remain under review for the 
2019-2020 POR.\10\ For the 2020-2021 POR, we calculated a weighted-
average dumping margin for Al Jazeera that is not zero, de minimis, or 
determined entirely on the basis of facts available. Accordingly, 
Commerce has assigned to companies not individually examined for the 
2020-2021 POR a margin of 2.31 percent, which is Al Jazeera's 
calculated weighted-average dumping margin for the 2020-2021 POR.
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    \10\ On March 9, 2021, Commerce published the rescission of the 
administrative review for the 2019-2020 POR with respect to Al 
Samna, Bollore Logistics, and Transworld Shipping. See Circular 
Welded Carbon-Quality Steel Pipe from Oman: Rescission of 
Antidumping Duty Administrative Review; 2019-2020, 86 FR 13525 
(March 9, 2021).
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Final Results of Review

    Commerce 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:

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                                                                                               Weighted-average
                                                                                              dumping margin for
                                                     Weighted-average dumping margin for       December 1, 2020
               Exporter/producer                  December 1, 2019 to November 30, 2020 POR     to November 30,
                                                                  (percent)                        2021 POR
                                                                                                   (percent)
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Al Jazeera Steel Products Co. SAOG.............  4.61.......................................                2.31
Al Samna Metal Manufacturing & Trading Company   Not Applicable.............................                2.31
 LLC \11\.
Bollore Logistics (Oman) LLC \12\..............  Not Applicable.............................                2.31
Transworld Shipping Trading & Logistics          Not Applicable.............................                2.31
 Services LLC \13\.
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Disclosure
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    \11\ Commerce rescinded the administrative review for the 2019-
2020 POR for this company. See Preliminary Results, 87 FR at 79865, 
at fn. 2.
    \12\ Id.
    \13\ Id.
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    We intend to disclose the calculations performed for these final 
results of review to interested parties within five days of the date of 
publication of this notice 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)(1), Commerce has determined, and U.S. Customs and Border 
Protection (CBP)

[[Page 39229]]

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. Pursuant 
to 19 CFR 351.212(b)(1), because Al Jazeera reported the entered value 
of its U.S. sales, 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 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'' practice will apply 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 that the 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.\14\
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    \14\ 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 which were not selected for individual 
examination for the 2020-2021 POR, we will instruct CBP to assess 
antidumping duties at a rate equal to the weighted-average dumping 
margin determined for the non-examined companies. Commerce intends to 
issue assessment instructions to CBP no earlier than 35 days after the 
date of publication of the final results of these reviews 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 subject merchandise entered, or withdrawn from warehouse, 
for consumption on or after the date of publication of the final 
results of these administrative reviews, as provided by section 
751(a)(2) 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 the 2020-2021 review, except, if that rate is 
de minimis, then the cash deposit rate will be zero; (2) for previously 
reviewed or investigated 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; (3) if the 
exporter is not a firm covered in this review or the original LTFV 
investigation, 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.\15\ These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \15\ See Order, 81 FR at 91908.
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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 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.

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 
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)(1) of the Act, and 19 CFR 351.213(h) and 
19 CFR 351.221(b)(5).

    Dated: June 8, 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 Since the Preliminary Results
V. Discussion of the Issues
    Comment 1: Whether Commerce Should Weight-Average and Match Al 
Jazeera's Home Market Sales to U.S. Sales by Month Instead of 
Quarter
    Comment 2: Whether Commerce Properly Applied the Cost Recovery 
Test
VI. Recommendation

[FR Doc. 2023-12767 Filed 6-14-23; 8:45 am]
BILLING CODE 3510-DS-P