[Federal Register Volume 88, Number 172 (Thursday, September 7, 2023)]
[Notices]
[Pages 61503-61504]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19334]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-823-819]


Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe 
From Ukraine: Preliminary Results of Antidumping Duty Administrative 
Review; 2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that the respondent under review sold seamless carbon and 
alloy steel standard, line, and pressure pipe (seamless pipe) from 
Ukraine at less than normal value during the period February 10, 2021, 
through July 31, 2022 (the period of review or POR). We invite 
interested parties to comment on the preliminary results of this 
review.

DATES: Applicable September 7, 2023.

FOR FURTHER INFORMATION CONTACT: Reginald Anadio, AD/CVD Operations, 
Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3166.

SUPPLEMENTARY INFORMATION: 

Background

    After publishing the antidumping duty order on seamless pipe from 
Ukraine in the Federal Register,\1\ on August 2, 2022, Commerce 
notified interested parties of the opportunity to request an 
administrative review of the Order covering the POR.\2\ On October 11, 
2022, based on a timely request for review,\3\ Commerce initiated an 
administrative review of the Order \4\ with respect to Interpipe.\5\ 
The petitioner, a domestic producer of seamless pipe, is: Vallourec 
Star, L.P. On April 27, 2023, Commerce extended the deadline for 
issuing the preliminary results of this review until August 31, 2023, 
in accordance with section 751(a)(3)(A) of the Tariff Act of 1930, as 
amended (the Act) and 19 CFR 351.213(h)(2).\6\ For details regarding 
the events that occurred subsequent to initiation of the review, see 
the Preliminary Decision Memorandum.
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    \1\ See Seamless Carbon and Alloy Steel Standard, Line, and 
Pressure Pipe from the Republic of Korea, the Russian Federation, 
and Ukraine: Antidumping Duty Orders, 86 FR 47055 (August 23, 2021) 
(Order).
    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review and Join Annual Inquiry Service List, 87 FR 47187 (August 2, 
2022).
    \3\ See Interpipe's Letter, ``Request for Review,'' dated August 
31, 2022.
    \4\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 61278 (October 11, 2022).
    \5\ Interpipe refers to the collapsed entity, Interpipe Ukraine 
LLC (Interpipe Ukraine), PJSC Interpipe Niznedneprovsky Tube Rolling 
Plant (Interpipe NTRP), LLC Interpipe Niko Tube (Interpipe Niko 
Tube) and Interpipe Europe S.A. (Interpipe Europe). See Memorandum, 
``Decision Memorandum for Preliminary Results of the 2021-2022 
Administrative Review of the Antidumping Duty Order on Seamless 
Carbon and Alloy Steel Standard, Line, and Pressure Pipe from 
Ukraine,'' dated concurrently with, and hereby adopted by, this 
notice (Preliminary Decision Memorandum).
    \6\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated April 27, 
2023.
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Scope of the Order

    The merchandise covered by the Order is seamless pipe from Ukraine. 
For a full description of the scope, see the Preliminary Decision 
Memorandum.

Methodology

    Commerce is conducting this review in accordance with section 
751(a) of the Act. We calculated constructed export prices in 
accordance with section 772 of the Act and normal value in accordance 
with section 773 of the Act.
    For a full description of the methodologies underlying these 
preliminary results of review, see the Preliminary Decision Memorandum. 
A list of topics discussed in the Preliminary Decision Memorandum is in 
the appendix to this notice. The Preliminary Decision Memorandum is a 
public document that 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.

Preliminary Results of Review

    We are assigning the following estimated weighted-average dumping 
margin to the companies comprising the Interpipe single entity listed 
below for the period February 10, 2021, through July 31, 2022:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                  Producer and/or exporter                      dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Interpipe Ukraine LLC/PJSC Interpipe Niznedneprovsky Tube           4.99
 Rolling Plant LLC/Interpipe Niko Tube/Interpipe Europe S.A.
------------------------------------------------------------------------

Disclosure

    Commerce intends to disclose the calculations performed for these 
preliminary results under Administrative Protective Order to parties to 
the proceeding within five days of the date of publication of this 
notice in the Federal Register in accordance with 19 CFR 351.224(b).

Public Comment

    Interested parties may comment on the preliminary results of this 
review by submitting case briefs to Commerce no later than 30 days 
after the date of publication of these preliminary results of review in 
the Federal Register.\7\ Interested parties may file rebuttal briefs 
with Commerce no later than seven days after case briefs are due. 
Interested parties should only respond to arguments raised in case 
briefs in their rebuttal briefs.\8\ Parties who submit case or rebuttal 
briefs are requested to submit with each brief a table of contents, a 
summary of the arguments, not to exceed five pages, and a table of 
authorities.\9\
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    \7\ See 19 CFR 351.309(c)(1)(ii).
    \8\ See 19 CFR 351.309(d).
    \9\ See 19 CFR 351.309(c)(2) and (d)(2).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing regarding issues raised in the case and rebuttal 
briefs, must submit a written request for a hearing to the Assistant 
Secretary for Enforcement and Compliance. Requests for a hearing should 
contain: (1) the requesting party's name, address, and telephone 
number; (2) the number of individuals from the requesting party that 
will attend the hearing and whether any individuals are foreign 
nationals; and

[[Page 61504]]

(3) a list of the issues that the party intends to discuss at the 
hearing. Oral arguments at the hearing will be limited to issues raised 
in the case and rebuttal briefs. If a hearing is requested, Commerce 
will announce the date and time of the hearing. Parties should confirm 
the date and time of the hearing two days before the scheduled hearing 
date.
    All submissions to Commerce must be filed electronically via 
ACCESS. An electronically filed document must be received successfully 
in its entirety via ACCESS by 5 p.m. Eastern Time on the due date.\10\ 
Note that Commerce has temporarily modified certain of its requirements 
for serving documents containing business proprietary information, 
until further notice.\11\
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    \10\ See 19 CFR 351.310(c).
    \11\ 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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Final Results of Review

    Commerce intends to issue the final results of this administrative 
review, which will include the results of its analysis of issues raised 
in any briefs, within 120 days of publication of these preliminary 
results of review in the Federal Register, pursuant to section 
751(a)(3)(A) of the Act, unless extended.

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 covered by this 
review.\12\ If Interpipe's weighted-average dumping margin in the final 
results of this review is not zero or de minimis (i.e., greater than or 
equal to 0.5 percent), we will calculate importer-specific ad valorem 
assessment rates for the merchandise by dividing the total amount of 
dumping calculated for all reviewed sales to the importer by the total 
entered value of the merchandise sold to the importer.\13\ Where either 
Interpipe's ad valorem weighted-average dumping margin is zero or de 
minimis, or an importer-specific ad valorem assessment rate is zero or 
de minimis in the final results of review, we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping 
duties.\14\
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    \12\ See 19 CFR 351.212(b)(1).
    \13\ See 19 CFR 351.212(b)(1).
    \14\ See 19 CFR 351.106(c)(2); see also Antidumping Proceedings: 
Calculation of the Weighted-Average Dumping Margin and Assessment 
Rate in Certain Antidumping Proceedings; Final Modification, 77 FR 
8101, 8102 (February 14, 2012) (Final Modification for Reviews).
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    In accordance with Commerce's ``automatic assessment'' practice, we 
will instruct CBP to liquidate POR entries of subject merchandise which 
Interpipe produced and sold but did not know was destined for the 
United States, at the all-others rate (i.e., 23.75 percent) \15\ if 
there is no rate for the intermediate company(ies) involved in the 
transaction.\16\
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    \15\ See Order, 86 FR 35272.
    \16\ 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 statutory injunction has expired (i.e., within 
90 days of publication).

Cash Deposit Requirements

    The following cash deposit requirements will be in effect for all 
shipments of subject merchandise entered, or withdrawn from warehouse, 
for consumption on or after the date of publication of the notice of 
the final results of this administrative review in the Federal 
Register, as provided for by section 751(a)(2)(C) of the Act: (1) the 
cash deposit rate for Interpipe will be equal to the weighted-average 
dumping margin established for Interpipe in the final results of this 
administrative 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), 
then the cash deposit rate will be zero; (2) for companies that were 
previously reviewed or investigated in this proceeding that are not 
listed above, the cash deposit rate will continue to be the rate 
assigned to the company in the most recently completed segment of this 
proceeding in which the company was examined; (3) if the exporter of 
the subject merchandise does not have a company-specific rate but the 
producer of the subject merchandise does, then the cash deposit rate 
will be the rate assigned to the producer of the subject merchandise in 
the most recently completed segment of this proceeding in which the 
producer was examined; and (4) the cash deposit rate for all other 
producers or exporters will continue to be the all-others rate of 23.75 
percent that was established in the investigation in this 
proceeding.\17\ These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \17\ See Order, 86 FR at 35272.
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Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f) 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.

Notification to Interested Parties

    We are issuing and publishing these preliminary results of review 
in accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR 
351.213(h)(2) and 351.221(b)(4).

    Dated: August 31, 2023.
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. Affiliation/Single Entity
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation

[FR Doc. 2023-19334 Filed 9-6-23; 8:45 am]
BILLING CODE 3510-DS-P