[Federal Register Volume 89, Number 178 (Friday, September 13, 2024)]
[Notices]
[Pages 74919-74921]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20749]


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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; 2022-2023

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that the sole respondent under review sold subject 
merchandise at less than normal value during the period of review (POR) 
August 1, 2022, through July 31, 2023. We invite interested parties to 
comment on the preliminary results of this review.

DATES: Applicable September 13, 2024.

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

    On August 23, 2021, Commerce published the antidumping duty (AD) 
order on seamless carbon and alloy steel standard, line, and pressure 
pipe (seamless pipe) from Ukraine.\1\ On August 2, 2023, Commerce 
notified interested parties of the opportunity to request an 
administrative review of the Order covering the POR.\2\
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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, 88 FR 50840 (August 2, 
2023).
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    On October 18, 2023, based on a timely request for review,\3\ 
Commerce initiated an administrative review of the Order with respect 
to Interpipe.\4\ On

[[Page 74920]]

April 18, 2024, Commerce extended the deadline for issuing the 
preliminary results of this review until August 30, 2024, 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).\5\ On July 22, 2024, Commerce tolled 
certain deadlines in this administrative proceeding by seven days.\6\ 
The deadline for these preliminary results are now September 6, 2024. 
For a complete description of the events that occurred subsequent to 
initiation of the review, see the Preliminary Decision Memorandum.
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    \3\ See Interpipe's Letter, ``Request for Review--2022-2023 
Antidumping Duty Administrative Review Period,'' dated August 31, 
2023.
    \4\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 71829 (October 18, 2023). Interpipe 
refers to the collapsed entity, Interpipe Ukraine LLC, PJSC 
Interpipe Niznedneprovsky Tube Rolling Plant, LLC Interpipe Niko 
Tube, Interpipe Europe S.A., and JSC Interpipe Novomoskovsk Pipe 
Production Plant. See Memorandum, ``Decision Memorandum for 
Preliminary Results of the 2022-2023 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)
    \5\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated April 18, 
2024.
    \6\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.
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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 methodology underlying these 
preliminary results, 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 firm listed below for the period August 1, 2022, through 
July 31, 2023:

------------------------------------------------------------------------
                                                       Weighted-average
              Producer and/or exporter                  dumping margin
                                                          (percent)
------------------------------------------------------------------------
Interpipe Ukraine LLC/PJSC Interpipe                               2.89
 Niznedneprovsky Tube Rolling Plant/LLC Interpipe
 Niko Tube/Interpipe Europe S.A./JSC Interpipe
 Novomoskovsk Pipe Production Plant................
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Disclosure

    Commerce intends to disclose its calculations and analysis 
performed to interested parties for these preliminary results of review 
within five days of any public announcement 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).

Public Comment

    Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit 
case briefs to Commerce via ACCESS no later than 30 days after the date 
of publication of these preliminary results of review in the Federal 
Register.\7\ Rebuttal briefs, limited to issues raised in the case 
briefs, may be filed in ACCESS not later than five days after the date 
for filing case briefs.\8\ Interested parties who 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.\9\
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    \7\ See 19 CFR 351.309(c)(1)(ii).
    \8\ 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).
    \9\ 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.\10\ Further, 
we request that interested parties limit their executive summary of 
each issue to no more than 450 words, not including citations. We 
intend to use the executive summaries as the basis of the comment 
summaries included in the issues and decision memorandum that will 
accompany the final results in this administrative review. We request 
that interested parties include footnotes for relevant citations in the 
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).\11\
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    \10\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \11\ 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 for a hearing to the 
Assistant Secretary for Enforcement and Compliance, filed 
electronically via ACCESS, by no later than 5 p.m. Eastern Time within 
30 days after the date of publication of this notice in the Federal 
Register. Hearing requests should contain: (1) the party's name, 
address, and telephone number; (2) the number of persons from the party 
attending the hearing; and (3) a list of issues to be discussed. Issues 
raised in the hearing will be limited to those issues raised in the 
respective case 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 5:00 p.m. Eastern Time on the due 
date.\12\ Note that Commerce has amended certain of its requirements 
pertaining to the service of documents in section 351.303(f) of our 
regulations.\13\
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    \12\ See 19 CFR 351.310(c).
    \13\ See Administrative Protective Order, Service, and Other 
Procedures in Antidumping and Countervailing Duty Proceedings; Final 
Rule, 88 FR 67069 (September 29, 2023).
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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 written 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.

[[Page 74921]]

Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 
351.212(b)(1), 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 of subject 
merchandise covered by this review.\14\ 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.\15\ 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.\16\
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    \14\ See 19 CFR 351.212(b)(1).
    \15\ Id.
    \16\ 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, 
for entries of subject merchandise during the POR produced by Interpipe 
for which it did not know was destined for the United States, we intend 
to instruct CBP to liquidate those entries at the all-others rate 
(i.e., 23.75 percent) \17\ in the original less-than-fair-value (LTFV) 
investigation if there is no rate for the intermediate company(ies) 
involved in the transaction.\18\
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    \17\ See Order, 86 FR at 35273.
    \18\ 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, Commerce 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 producers or exporters 
not covered in this review but that were previously reviewed or 
investigated in a prior segment of this proceeding, 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 producer or 
exporter 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.\19\ These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \19\ See Order, 86 FR at 35272.
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Notification to Importers

    This notice 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: September 6, 2024.
Abdelali Elouaradia,
Deputy 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. 2024-20749 Filed 9-12-24; 8:45 am]
BILLING CODE 3510-DS-P