[Federal Register Volume 89, Number 134 (Friday, July 12, 2024)]
[Notices]
[Pages 57128-57131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15330]
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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;
2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
producers/exporters of circular welded carbon-quality steel pipe (CWP)
made sales of subject merchandise at less than normal value (NV) during
the period of review (POR), December 1, 2021, through November 30,
2022.
DATES: Applicable July 12, 2024.
FOR FURTHER INFORMATION CONTACT: Rebecca Janz or Sofia Pedrelli, AD/CVD
[[Page 57129]]
Operations, Office II, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-2972 or (202) 482-4301,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 8, 2024, Commerce published in the Federal Register the
preliminary results of the 2021-2022 administrative review \1\ of the
antidumping duty order on CWP from the United Arab Emirates (UAE).\2\
The review covers seven companies, including two mandatory respondents,
Conares Metal Supply Limited (Conares) and Universal Tube and Plastic
Industries, Ltd./THL Tube and Pipe Industries LLC/KHK Scaffolding and
Formwork LLC (collectively, Universal), for individual examination.\3\
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\1\ See Circular Welded Carbon-Quality Steel Pipe from the
United Arab Emirates: Preliminary Results of Antidumping Duty
Administrative Review; 2021-2022, 89 FR 899 (January 8, 2024)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum.
\2\ 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).
\3\ 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. See 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. Additionally, we previously determined that
THL Tube and Pipe Industries LLC is the successor-in-interest to
Universal Tube and Pipe Industries LLC . 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). Because no information on the record of this
review contradicts these findings, we continue to treat these
companies as a single entity.
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We invited parties to comment on the Preliminary Results.\4\ On
February 14, 2024, we received case briefs from Conares and Universal;
we did not receive any rebuttal briefs.\5\ On April 24, 2024, we
extended the deadline for the final results until July 3, 2024.\6\ For
a complete description of the events that occurred since the
Preliminary Results, see the Issues and Decision Memorandum.\7\
Commerce conducted this administrative review in accordance with
section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act).
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\4\ See Preliminary Results.
\5\ See Conares' Letter, ``Case Brief,'' dated February 14,
2024; and Universal's Letter, ``Case Brief,'' dated February 14,
2024.
\6\ See Memorandum, ``Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,'' dated April 24, 2024.
\7\ See Memorandum, ``Decision Memorandum for the Final Results
of the Administrative Review of the Antidumping Duty Order on
Circular Welded Carbon-Quality Steel Pipe from the United Arab
Emirates; 2021-2022,'' dated concurrently with, and hereby adopted
by, these results (Issues and Decision Memorandum).
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Scope of the Order
The products covered by the Order are CWP from the UAE. A complete
description of the scope of the Order is contained in the Issues and
Decision Memorandum.
Analysis of Comments Received
All issues raised in the case briefs filed by interested parties in
this administrative review are addressed in the Issues and Decision
Memorandum and are listed in an 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 http://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
Based on a review of the record and comments received from
interested parties regarding the Preliminary Results, and for the
reasons explained in the Issues and Decision Memorandum, Commerce made
certain changes to the preliminary weighted-average dumping margin
calculations for Conares, Universal, and the non-examined companies for
the final results of review.\8\
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\8\ See Issues and Decision Memorandum.
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Rates for Non-Examined Companies
The Act and Commerce's regulations do not address the establishment
of a rate to be applied to individual companies not selected for
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 Conares 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 Conares 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 Review-
Specific Rate for Non-Selected Companies for the Final Results,''
dated concurrently with this notice.
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Final Results of Administrative Review
As a result of this review, we determine that the following
estimated weighted-average dumping margins exist for the period
December 1, 2021, through November 30, 2022:
[[Page 57130]]
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Weighted-average
Producer/exporter dumping margin
(percent)
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Conares Metal Supply Limited........................ 0.90
Universal Tube and Plastic Industries, Ltd; THL Tube 1.00
and Pipe Industries LLC; KHK Scaffolding and
Formwork LLC.......................................
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Review-Specific Average Rate Applicable to the Following Companies
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Ajmal Steel Tubes & Pipes Ind., L.L.C............... 0.98
K.D. Industries Inc................................. 0.98
TSI Metal Industries L.L.C.......................... 0.98
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Disclosure
Commerce intends to disclose the calculations performed in
connection with these final results of review to interested parties
within five days after public announcement of the final results or, if
there is no public announcement, within five days of the date of
publication of this notice in the Federal Register, in accordance with
19 CFR 351.224(b).
Assessment Rate
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 Conares and Universal
reported the entered value of their U.S. sales, we calculated importer-
specific ad valorem duty assessment rates based on the ratio of the
total amount of dumping calculated for each importer's examined sales
and the total entered value of those sales. Where either the
respondent's weighted-average dumping margin is zero or de minimis,
within the meaning of 19 CFR 351.106(c)(1), or an importer-specific
rate is zero or de minimis, we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties.
For entries of subject merchandise during the POR produced by each
individually examined respondent for which the producer did not know
that the merchandise was destined for the United States, we will
instruct CBP to liquidate unreviewed entries at the all-others rate
established in the LTFV investigation (i.e., 5.95 percent) \10\ if
there is no rate for the intermediate company(ies) involved in the
transaction.\11\
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\10\ See Order.
\11\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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For the companies identified above that were not selected for
individual examination, we will instruct CBP to liquidate entries at
the rate determined in these final results of review.
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
Upon publication of this notice in the Federal Register, 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 date of publication 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
equal to the weighted-average dumping margin established in the final
results of this review; (2) for merchandise exported by producers or
exporters not covered in this review but covered in a prior completed
segment of the proceeding, the cash deposit rate will continue to be
the company-specific rate published in the completed segment for the
most recent period; (3) if the exporter is not a firm covered in this
review, a prior review, or the original LTFV investigation, but the
producer has been covered in a prior completed segment of this
proceeding, then the cash deposit rate will be the rate established in
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 5.95 percent, the all-others rate
established in the LTFV investigation for this proceeding.\12\ These
cash deposit requirements, when imposed, shall remain in effect until
further notice.
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\12\ Id.
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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 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 doubled antidumping duties.
Administrative Protective Order
This notice serves as the only reminder to parties subject to
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/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 violation subject
to sanction.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.221(b)(5).
Dated: July 3, 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
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: Differential Pricing Analysis
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Comment 2: Appropriate Currency for Conares' Domestic Inland
Freight
Comment 3: Cost of Manufacture for Sales-Below-Cost-Test
Comment 4: Correction of Name of Company Which is Part of the
Collapsed Entity
VI. Recommendation
[FR Doc. 2024-15330 Filed 7-11-24; 8:45 am]
BILLING CODE 3510-DS-P