Notice2021-14137
Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe From Ukraine: Final Affirmative Determination of Sales at Less Than Fair Value
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Published
July 2, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) determines that imports of seamless carbon and alloy steel standard, line, and pressure pipe (seamless pipe) from Ukraine are being, or are likely to be, sold in the United States at less than fair value (LTFV) for the period of investigation, July 1, 2019, through June 30, 2020.
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<title>Federal Register, Volume 86 Issue 125 (Friday, July 2, 2021)</title>
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[Federal Register Volume 86, Number 125 (Friday, July 2, 2021)]
[Notices]
[Pages 35272-35274]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-14137]
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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: Final Affirmative Determination of Sales at Less Than
Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that imports
of seamless carbon and alloy steel standard, line, and pressure pipe
(seamless pipe) from Ukraine are being, or are likely to be, sold in
the United States at less than fair value (LTFV) for the period of
investigation, July 1, 2019, through June 30, 2020.
DATES: Applicable July 2, 2021.
FOR FURTHER INFORMATION CONTACT: Lilit Astvatsatrian, 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) 482-6412.
SUPPLEMENTARY INFORMATION:
Background
On February 10, 2021, Commerce published in the Federal Register
its preliminary affirmative determination in the LTFV investigation of
seamless pipe from Ukraine.\1\ Commerce invited interested parties to
comment on the Preliminary Determination. The mandatory respondent in
this investigation is Interpipe, the collapsed entity which includes
Interpipe Ukraine LLC (Interpipe Ukraine), PJSC Interpipe
Niznedneprovksy Tube Rolling Plant (NTRP), and LLC Interpipe Niko Tube
(Niko Tube). For a complete description of the events that followed the
Preliminary Determination, see the Issues and Decision Memorandum.\2\
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 <a href="https://access.trade.gov">https://access.trade.gov</a>. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly at <a href="http://enforcement.trade.gov/frn">http://enforcement.trade.gov/frn</a>.
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\1\ See Seamless Carbon and Alloy Steel Standard, Line, and
Pressure Pipe from Ukraine: Preliminary Affirmative Determination of
Sales at Less Than Fair Value, Postponement of Final Determination,
and Extension of Provisional Measures, 86 FR 8889 (February 10,
2021) (Preliminary Determination), and accompanying Preliminary
Decision Memorandum.
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination in the Less Than Fair Value
Investigation of Seamless Carbon and Alloy Steel Standard, Line, and
Pressure Pipe from Ukraine,'' dated concurrently with, and hereby
adopted by, this notice (Issues and Decision Memorandum).
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Scope of the Investigation
The products covered by this investigation are seamless pipe from
Ukraine. For a complete description of the scope of this investigation,
see Appendix I.
Scope Comments
We did not receive comments from interested parties on the
Preliminary Scope Decision Memorandum.\3\ As discussed in the
Preliminary Scope Decision Memorandum, Commerce codified the scope
language as it appeared in the Initiation Notice to clarify certain
exclusions. See the scope in Appendix I to this notice.
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\3\ See Memorandum, ``Seamless Carbon and Alloy Steel Standard,
Line, and Pressure Pipe from the Czech Republic, the Republic of
Korea, the Russian Federation, and Ukraine: Preliminary Scope
Decision Memorandum,'' dated January 13, 2021 (Preliminary Scope
Decision Memorandum).
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs that were
submitted by parties in this investigation are addressed in the Issues
and Decision Memorandum. A list of the sections of the Issues and
Decision Memorandum are in Appendix II of this notice.
Verification
Commerce was unable to conduct on-site verification of the
information relied upon in making its final determination in this
investigation. However, we took additional steps in lieu of an on-site
verification to verify the information relied upon in making this final
determination, in accordance with section 782(i) of the Tariff Act of
1930, as amended (the Act).\4\
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\4\ See Commerce's Letter, Questionnaire In Lieu of an On-Site
Verification, dated March 10, 2021; and Interpipe's Letter,
``Antidumping Duty Investigation on Seamless Carbon and Alloy Steel
Standard, Line, and Pressure Pipe from Ukraine: Resubmitting
Questionnaire in Lieu of Verification Response,'' dated April 8,
2021.
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Changes Since the Preliminary Determination
Based on our review and analysis of the comments received from
parties and our findings related to our request for information in lieu
of verification, we made certain changes to our calculations of the
dumping margin for the sole respondent, Interpipe. For a complete
discussion of these changes, see the Issues and Decision Memorandum and
Final Analysis Memorandum.\5\
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\5\ See Memorandum, ``Interpipe Final Determination Analysis,''
dated June 25, 2021.
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All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated
weighted-average dumping margin for all other producers and exporters
not individually investigated shall be 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, or determined entirely under section 776 of the
Act. Pursuant to section 735(c)(5)(B) of the Act, if the estimated
weighted-average dumping margins established for all exporters and
producers individually examined are zero, de minimis or determined
based entirely on facts otherwise available, Commerce may use any
reasonable method to establish the estimated weighted-average dumping
margin for all other producers or exporters.
Because the only individually calculated dumping margin is not
zero, de minimis, or based entirely on facts otherwise available, we
assigned the estimated weighted-average dumping margin calculated for
Interpipe to all other producers and exporters of subject merchandise,
pursuant to section 735(c)(5)(A) of the Act.
Final Determination
The final estimated weighted-average dumping margins are as
follows:
[[Page 35273]]
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Estimated
dumping
Exporter/producer margin
(percent)
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Interpipe Ukraine LLC/PJSC Interpipe Niznedneprovksy Tube 23.75
Rolling Plant/LLC Interpipe Niko Tube......................
All Others.................................................. 23.75
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Disclosure
In accordance with 19 CFR 351.224(b), within five days after the
date of any public announcement of the final determination or, if there
is no public announcement, within five days after the date of
publication of this notice in the Federal Register, we intend to
disclose to parties to this proceeding the calculations performed in
this final determination.
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, Commerce will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all appropriate entries of seamless pipe from
Ukraine, as described in Appendix I of this notice, which were entered,
or withdrawn from warehouse, for consumption on or after February 10,
2021, the date of publication in the Federal Register of the
affirmative Preliminary Determination.
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), we will instruct CBP to require a cash deposit for such
entries of merchandise equal to the following: (1) The cash deposit
rate for the respondent listed in the table above will be equal to the
respondent-specific estimated dumping margin listed for the respondent
in the table; (2) if the exporter is not identified in the table above
but the producer is, then the cash deposit rate will be equal to the
respondent-specific estimated dumping margin established for that
producer of the subject merchandise; and (3) the cash deposit rate for
all other producers and exporters will be equal to the all-others
estimated dumping margin listed in the table above. These suspension-
of-liquidation instructions will remain in effect until further notice.
International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
International Trade Commission (ITC) of this final affirmative
determination of sales at LTFV. Because Commerce's final determination
is affirmative, in accordance with section 735(b)(2) of the Act, the
ITC will make its final determination as to whether the domestic
industry in the United States is materially injured, or threatened with
material injury, by reason of imports or sales (or the likelihood of
sales) of seamless pipe no later than 45 days after this final
determination. If the ITC determines that such injury does not exist,
this proceeding will be terminated, all cash deposits posted will be
refunded, and suspension of liquidation will be lifted. If the ITC
determines that such injury does exist, Commerce will issue an
antidumping duty order directing CBP to assess, upon further
instruction by Commerce, antidumping duties on all imports of the
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation, as discussed above in the ``Continuation of Suspension of
Liquidation'' section.
Notification Regarding Administrative Protective Orders
This notice will serve as a final reminder to the 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). Timely written
notification of return or destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is a sanctionable violation.
Notification to Interested Parties
This determination and this notice are issued and published
pursuant to sections 735(d) and 777(i)(1) of the Act and 19 CFR
351.210(c).
Dated: June 25, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
Appendix I--Scope of the Investigation
The merchandise covered by the scope of this investigation is
seamless carbon and alloy steel (other than stainless steel) pipes
and redraw hollows, less than or equal to 16 inches (406.4 mm) in
nominal outside diameter, regardless of wall-thickness,
manufacturing process (e.g., hot finished or cold-drawn), end finish
(e.g., plain end, beveled end, upset end, threaded, or threaded and
coupled), or surface finish (e.g., bare, lacquered or coated).
Redraw hollows are any unfinished carbon or alloy steel (other than
stainless steel) pipe or ``hollow profiles'' suitable for cold
finishing operations, such as cold drawing, to meet the American
Society for Testing and Materials (ASTM) or American Petroleum
Institute (API) specifications referenced below, or comparable
specifications. Specifically included within the scope are seamless
carbon and alloy steel (other than stainless steel) standard, line,
and pressure pipes produced to the ASTM A-53, ASTM A-106, ASTM A-
333, ASTM A-334, ASTM A-589, ASTM A-795, ASTM A-1024, and the API 51
specifications, or comparable specifications, and meeting the
physical parameters described above, regardless of application, with
the exception of the exclusions discussed below.
Specifically excluded from the scope of the investigation are:
(1) All pipes meeting aerospace, hydraulic, and bearing tubing
specifications, including pipe produced to the ASTM A-822 standard;
(2) all pipes meeting the chemical requirements of ASTM A-335,
whether finished or unfinished; and (3) unattached couplings. Also
excluded from the scope of the investigation are (1) all mechanical,
boiler, condenser and heat exchange tubing, except when such
products conform to the dimensional requirements, i.e., outside
diameter and wall thickness, of ASTM A53, ASTM A-106 or API 51
specifications. Also excluded from the scope of the investigation
are: (1) Oil country tubular goods consisting of drill pipe, casing,
tubing and coupling stock; (2) all pipes meeting the chemical
requirements of ASTM A-335 regardless of their conformity to the
dimensional requirements of ASTM A-53, ASTM A-106 or API 5L; and (3)
the exclusion for ASTM A335 applies to pipes meeting the comparable
specifications GOST 550-75.
Subject seamless standard, line, and pressure pipe are normally
entered under Harmonized Tariff Schedule of the United States
(HTSUS) subheadings 7304.19.1020, 7304.19.1030, 7304.19.1045,
7304.19.1060, 7304.19.5020, 7304.19.5050, 7304.31.6050,
7304.39.0016, 7304.39.0020, 7304.39.0024, 7304.39.0028,
7304.39.0032, 7304.39.0036, 7304.39.0040, 7304.39.0044,
7304.39.0048, 7304.39.0052, 7304.39.0056, 7304.39.0062,
7304.39.0068, 7304.39.0072, 7304.51.5005, 7304.51.5060,
7304.59.6000, 7304.59.8010, 7304.59.8015, 7304.59.8020,
7304.59.8025, 7304.59.8030, 7304.59.8035, 7304.59.8040,
7304.59.8045, 7304.59.8050, 7304.59.8055, 7304.59.8060,
7304.59.8065, and 7304.59.8070. The HTSUS subheadings and
specifications are provided for convenience and customs purposes;
the written description of the scope is dispositive.
Appendix II--List of Sections in the Issues and Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Changes Since the Preliminary Determination
V. Discussion of the Issues
Comment 1: Whether to Accept a Minor Correction
Comment 2: Whether to Grant a Constructed Export Price Offset
Comment 3: Whether to Deduct Section 232 Duties from U.S. Prices
Comment 4: Whether to Offset G&A Expenses By Certain Other Net
Sales Revenue
Comment 5: Whether to Adjust Niko Tube and NTRP's Depreciation
Expenses
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VI. Recommendation
[FR Doc. 2021-14137 Filed 7-1-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on July 2, 2021.
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