[Federal Register Volume 89, Number 99 (Tuesday, May 21, 2024)]
[Notices]
[Pages 44635-44638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11126]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-122-863]


Large Diameter Welded Pipe From Canada: Preliminary Results and 
Rescission, in Part, of Antidumping Duty Administrative Review; 2022-
2023

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds 
that large diameter welded pipe (LDWP) from Canada was sold in the 
United States at less than normal value (NV) during the period of 
review (POR) of May 1, 2022, through April 30, 2023. Additionally, 
Commerce is rescinding this administrative review, in part, with 
respect to certain companies that had no entries of subject merchandise 
during

[[Page 44636]]

the POR. We invite interested parties to comment on these preliminary 
results.

DATES: Applicable May 21, 2024.

FOR FURTHER INFORMATION CONTACT: Caroline Carroll, AD/CVD Operations, 
Office IX, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4948.

SUPPLEMENTARY INFORMATION:

Background

    On May 2, 2019, Commerce published in the Federal Register the 
antidumping duty order on LDWP from Canada.\1\ On May 2, 2023, Commerce 
published in the Federal Register a notice of opportunity to request an 
administrative review of the Order.\2\ On July 12, 2023, based on 
timely requests for review, in accordance with 19 CFR 351.221(c)(1)(i), 
we initiated an administrative review of the Order covering 40 
exporters and/or producers.\3\ We selected Pipe & Piling as the sole 
mandatory respondent in this administrative review.\4\ Commerce 
extended the time limit for completing the preliminary results of this 
review until May 10, 2024.\5\
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    \1\ See Large Diameter Welded Pipe from Canada: Antidumping Duty 
Order, 84 FR 18775 (May 2, 2019) (Order).
    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review and Join Annual Inquiry Service List, 88 FR 27445 (May 2, 
2023).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 44262 (July 12, 2023); see also 
Initiation of Antidumping and Countervailing Duty Administrative 
Reviews, 88 FR 62322 (September 11, 2023) (Initiation Notice) 
(correcting the spelling of the name of one company under review). 
We note that Commerce initiated reviews on two name variations for 
Pipe & Piling Supplies Ltd. (Pipe & Piling): Pipe & Piling Sply 
Ltd.; and Pipe & Piling Supplies.
    \4\ See Commerce's Letter, ``Respondent Selection,'' dated 
August 7, 2023.
    \5\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of 2022-2023 Antidumping Duty Administrative Review,'' dated 
January 11, 2024.
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Scope of the Order

    The product subject to the Order is LDWP from Canada. A complete 
description of the scope of the Order is contained in the Preliminary 
Decision Memorandum.\6\
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    \6\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Administrative Review of the Antidumping Duty Order 
of Large Diameter Welded Pipe from Canada; 2022-2023,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
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Methodology

    Commerce is conducting this review in accordance with sections 
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act). 
Pursuant to sections 776(a) and (b) of the Act, Commerce preliminarily 
relied entirely upon facts otherwise available with adverse inferences 
for Pipe & Piling.
    For a complete description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum. A list of topics 
discussed in the Preliminary Decision Memorandum is attached in 
Appendix I of this notice. The Preliminary 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 
Preliminary Decision Memorandum is available at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Rescission of Review, in Part

    Pursuant to 19 CFR 351.213(d)(3), it is Commerce's practice to 
rescind an administrative review of an antidumping duty order when 
there are no reviewable entries of subject merchandise during the POR 
for which liquidation is suspended.\7\ Normally, upon completion of an 
administrative review, the suspended entries are liquidated at the 
antidumping duty assessment rate calculated for the review period.\8\ 
Therefore, for an administrative review to be conducted, there must be 
at least one reviewable, suspended entry that Commerce can instruct 
U.S. Customs and Border Protection (CBP) to liquidate at the 
antidumping duty assessment rate calculated for the review period.\9\ 
Because there were no entries in the CBP data for the 38 companies 
listed in Appendix II, on December 21, 2023, Commerce notified all 
interested parties of its intent to rescind this review, in part, with 
respect to these companies and received no comments.\10\ Accordingly, 
Commerce is rescinding this review, in part, with respect to these 38 
companies.
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    \7\ See, e.g., Dioctyl Terephthalate from the Republic of Korea: 
Rescission of Antidumping Administrative Review; 2021-2022, 88 FR 
24758 (April 24, 2023); see also Certain Carbon and Alloy Steel Cut- 
to Length Plate from the Federal Republic of Germany: Recission of 
Antidumping Administrative Review; 2020-2021, 88 FR 4157 (January 
24, 2023).
    \8\ See 19 CFR 351.212(b)(1).
    \9\ See 19 CFR 351.213(d)(3).
    \10\ See Memorandum, ``Notice of Intent to Rescind Review, in 
Part,'' dated December 21, 2023.
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Preliminary Affiliation and Collapsing Determination

    Based on record evidence in this review, Commerce preliminarily 
finds that the following companies are affiliated, pursuant to section 
771(33)(F) of the Act: Pipe & Piling; 1045761 Ontario Ltd. (Operated as 
Canadian Phoenix Steel Products) (Phoenix); and Spiralco Inc. 
(Spiralco). Furthermore, pursuant to 19 CFR 351.401(f)(1)-(2), we find 
that Pipe & Piling Supplies Ltd., Phoenix, and Spiralco should be 
collapsed and treated as a single entity (collectively, Pipe & 
Piling).\11\
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    \11\ See Memorandum, ``Preliminary Affiliation and Collapsing 
Memorandum,'' dated December 8, 2023 (Affiliation and Collapsing 
Memorandum), for further discussion.
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Preliminary Results of Review

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margin exists for the period May 1, 2022, 
through April 30, 2023:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                Producer and/or exporter                  dumping margin
                                                             (percent)
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Pipe & Piling Supplies Ltd.; 1045761 Ontario Ltd.;                 50.89
 Spiralco Inc...........................................
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Disclosure

    Normally, Commerce discloses to interested parties the calculations 
performed in connection with the preliminary results within five days 
of any public announcement or, if there is no public announcement, 
within five days of the date of publication of the notice of 
preliminary results in the Federal Register, in accordance with 19 CFR 
351.224(b). However, because Commerce preliminarily applied total 
adverse facts available to the sole mandatory respondent, in accordance 
with section 776 of the Act, there are no calculations to disclose.

Public Comment

    Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs to Commerce no later than 30 days after the date of publication 
of this notice.\12\ Rebuttal briefs, limited to issues raised in the 
case briefs, may be filed no later than five days after the date for 
filing case briefs.\13\ Interested parties who

[[Page 44637]]

submit case briefs or rebuttal briefs in this proceeding must submit: 
(1) a table of contents listing each issue; and (2) a table of 
authorities.\14\ All briefs must be filed electronically using ACCESS. 
An electronically filed document must be received successfully in its 
entirety in ACCESS by 5:00 p.m. Eastern Time on the established 
deadline.
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    \12\ See 19 CFR 351.303 (for general filing requirements).
    \13\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023) (APO and Service Final Rule).
    \14\ See 19 CFR 351.309(c)(2) and (d)(2).
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    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings we have encouraged interested parties to provide an 
executive summary of their brief that should be limited to five pages 
total, including footnotes. In this review, we instead request that 
interested parties provide at the beginning of their briefs a public, 
executive summary for each issue raised in their briefs.\15\ Further, 
we request that interested parties limit their public executive summary 
of each issue to no more than 450 words, not including citations. We 
intend to use the public executive summaries as the basis of the 
comment summaries included in the issues and decision memorandum that 
will accompany the final determination in this review. We request that 
interested parties include footnotes for relevant citations in the 
public executive summary of each issue. Note that Commerce has amended 
certain of its requirements pertaining to the service of documents in 
19 CFR 351.303(f).\16\
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    \15\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \16\ See APO and Service Final Rule.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS, by 5 p.m. Eastern time, within 30 days after the date of 
publication of this notice. Requests should contain: (1) the party's 
name, address, and telephone number; (2) the number of participants; 
and (3) a list of issues to be discussed. Issues raised in the hearing 
will be limited to those raised in the respective case briefs. If a 
request for a hearing is made, Commerce will inform interested parties 
of the scheduled date for the hearing.\17\
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    \17\ See 19 CFR 351.310(d).
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Assessment Rates

    Upon completion of the final results, Commerce shall determine and 
CBP shall assess, antidumping duties on all appropriate entries covered 
by this review.\18\
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    \18\ See 19 CFR 351.212(b)(1).
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    With respect to the companies for which are rescinding this review, 
Commerce intends to instruct CBP to assess antidumping duties on all 
appropriate entries at rates equal to the cash deposit rate of 
estimated antidumping duties required at the time of entry, or 
withdrawal from warehouse, for consumption, during the POR, in 
accordance with 19 CFR 351.212(c)(1)(i).
    Commerce intends to issue assessment instructions to CBP no earlier 
than 41 days after the date of publication of the final results of this 
review in the Federal Register, in accordance with 19 CFR 356.8(a). 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 in the Federal 
Register of the notice of final results of administrative review, as 
provided by section 751(a)(2)(C) of the Act: (1) the cash deposit rate 
for Pipe & Piling will be equal to the weighted-average dumping margin 
established in the final results of this review; (2) for merchandise 
exported by a company not covered in this review but covered in a prior 
segment of the proceeding, the cash deposit rate will continue to be 
the company-specific rate published for the most recently completed 
segment in which they were reviewed; (3) if the exporter is not a firm 
covered in this review or another completed segment of this proceeding, 
but the producer is, then the cash deposit rate will be the company-
specific rate established for the completed segment for the most recent 
period for the producer of the merchandise; and (4) the cash deposit 
rate for all other producers or exporters will continue to be 12.32 
percent, the all-others rate established in the final determination of 
the less-than-fair value investigation.\19\ These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \19\ See Order, 85 FR at 18776.
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Final Results of Review

    Unless the deadline is otherwise extended, Commerce intends to 
issue the final results of this administrative review, including the 
results of its analysis of the issues raised by interested parties in 
written briefs, within 120 days after the date of publication of this 
notice in the Federal Register, pursuant to section 751(a)(3)(A) of the 
Act and 19 CFR 351.213(h)(1).

Notification to Importers

    This notice serves as a preliminary 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 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.

Notification to Interested Parties

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

    Dated: May 10, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.

Appendix I--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Application of Facts Available and Use of Adverse Inference
V. Recommendation

Appendix II--Companies for Which Commerce Is Rescinding the Review

1. Acier Profile SBB Inc.
2. Aciers Lague Steels Inc.
3. Amdor Inc.
4. BPC Services Group
5. Bri-Steel Manufacturing
6. Canada Culvert
7. Canadian National Steel Corporation (CNSC); Evraz Inc. NA Canada 
(EICA); Evraz Inc. NA
8. Canam (St Gedeon)
9. Cappco Tubular Products Canada Inc.
10. CFI Metal Inc.
11. Dominion Pipe & Piling
12. Enduro Canada Pipeline Services
13. Fi Oilfield Services Canada
14. Forterra
15. Gchem Ltd.
16. Graham Construction
17. Groupe Fordia Inc.
18. Grupo Fordia Inc.
19. Hodgson Custom Rolling
20. Hyprescon Inc.
21. Interpipe Inc.
22. K K Recycling Services
23. Kobelt Manufacturing Co.

[[Page 44638]]

24. Labrie Environment
25. Les Aciers Sofatec
26. Lorenz Conveying P.
27. Lorenz Conveying Products
28. Matrix Manufacturing
29. MBI Produits De Forge
30. Nor Arc
31. Peak Drilling Ltd.
32. Pipe Protecction
33. Prudental
34. Prudential
35. Shaw Pipe Protection
36. Tenaris Algoma Tubes Facility
37. Tenaris Prudential
38. Welded Tube of Can Ltd.

[FR Doc. 2024-11126 Filed 5-20-24; 8:45 am]
BILLING CODE 3510-DS-P