[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]]



------------------------------------------------------------------------
                                                       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
------------------------------------------------------------------------
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