Notice2021-23372
Circular Welded Carbon-Quality Steel Pipe From the United Arab Emirates: Final Results of Antidumping Duty Administrative Review; 2018-2019
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 27, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) determines that producers and/or exporters subject to this administrative review made sales of subject merchandise at less than fair value (LTFV) during the period of review (POR), December 1, 2018, through November 30, 2019.
Full Text
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<title>Federal Register, Volume 86 Issue 205 (Wednesday, October 27, 2021)</title>
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[Federal Register Volume 86, Number 205 (Wednesday, October 27, 2021)]
[Notices]
[Pages 59364-59366]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-23372]
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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;
2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that
producers and/or exporters subject to this administrative review made
sales of subject merchandise at less than fair value (LTFV) during the
period of review (POR), December 1, 2018, through November 30, 2019.
DATES: Applicable October 27, 2021.
FOR FURTHER INFORMATION CONTACT: Benjamin A. Luberda or Steven Seifert,
AD/CVD Operations, Office II, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-2185 or (202)
482-3350, respectively.
SUPPLEMENTARY INFORMATION:
Background
This review covers three producers/exporters of the subject
merchandise. Commerce selected two mandatory respondents for individual
examination: Ajmal Steel Tubes & Pipes Ind. L.L.C./Noble Steel
Industries L.L.C. (collectively, Ajmal) \1\ and Universal Tube and
Plastic Industries, Ltd./THL Tube and Pipe Industries LLC/KHK
Scaffolding and Formwork LLC (collectively, Universal).\2\ The
producer/
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exporter not selected for individual examination is Conares Metal
Supply Limited (Conares).
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\1\ We collapsed Ajmal Steel Tubes & Pipes Ind. L.L.C. and Noble
Steel Industries L.L.C. together in the final results of the 2016-
2017 administrative review. 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)
(CWP from the UAE 2016-2017 Final Results). Because there is no
information on the record of this administrative review that would
lead us to revisit this determination, we are continuing to treat
these companies as part of a single entity for the purposes of this
administrative review.
\2\ 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 Framework LLC; and Universal Tube and Pipe
Industries LLC (UTP). See Circular Welded Carbon-Quality Steel Pipe
from the United Arab Emirates: Affirmative Preliminary Determination
of Sales at Less Than Fair Value and Postponement of Final
Determination, 81 FR 36882 (June 8, 2016), and accompanying
Preliminary Decision Memorandum, unchanged in 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. Because
there is no information on the record of this administrative review
that would lead us to revisit this determination, we are continuing
to treat these companies as part of a single entity for the purposes
of this administrative review. Additionally, we previously
determined that THL Tube and Pipe Industries LLC is the successor-
in-interest to UTP. See CWP from the UAE 2016-2017 Final Results.
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On April 23, 2021, Commerce published the Preliminary Results.\3\
On August 13, 2021, we postponed the final results until October 20,
2021.\4\ A summary of the events that occurred since Commerce published
the Preliminary Results, as well as a full discussion of the issues
raised by interested parties for these final results, may be found in
the Issues and Decision Memorandum, which is hereby adopted by this
notice.\5\ 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="http://access.trade.gov">http://access.trade.gov</a>. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\3\ See Circular Welded Carbon-Quality Steel Pipe from the
United Arab Emirates: Preliminary Results of Antidumping Duty
Administrative Review and Partial Rescission of Antidumping Duty
Administrative Review; 2018-2019, 86 FR 21688 (April 23, 2021)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum.
\4\ See Memorandum, ``Circular Welded Carbon-Quality Steel Pipe
from the United Arab Emirates: Extension of Deadline for Final
Results of 2018-2019 Administrative Review,'' dated August 13, 2021.
\5\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2018-2019 Administrative Review of the
Antidumping Duty Order on Circular Welded Carbon-Quality Steel Pipe
from the United Arab Emirates,'' dated concurrently with, and hereby
adopted by, this notice (Issues and Decision Memorandum).
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Commerce conducted this administrative review in accordance with
section 751 of the Tariff Act of 1930, as amended (the Act).
Scope of the Order
The merchandise subject to the order is welded carbon-quality steel
pipes and tube, of circular cross-section, with an outside diameter not
more than nominal 16 inches (406.4 mm), regardless of wall thickness,
surface finish, end finish, or industry specification, and generally
known as standard pipe, fence pipe and tube, sprinkler pipe, or
structural pipe (although subject product may also be referred to as
mechanical tubing). The products subject to this order are currently
classifiable in Harmonized Tariff Schedule of the United States (HTSUS)
statistical reporting numbers 7306.19.1010, 7306.19.1050, 7306.19.5110,
7306.19.5150, 7306.30.1000, 7306.30.5015, 7306.30.5020, 7306.30.5025,
7306.30.5032, 7306.30.5040, 7306.30.5055, 7306.30.5085, 7306.30.5090,
7306.50.1000, 7306.50.5030, 7306.50.5050, and 7306.50.5070. Although
the HTSUS numbers are provided for convenience and for customs
purposes, the written product description remains dispositive.\6\
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\6\ For a complete description of the scope of the order, see
the Issues and Decision Memorandum.
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Analysis of Comments Received
All issues raised in case and rebuttal briefs by interested parties
to this administrative review are addressed in the Issues and Decision
Memorandum. For a list of issues raised by parties, see appendix to
this notice.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding the Preliminary Results, we made certain
changes to the preliminary weighted-average margin calculations for
Universal and for those companies not selected for individual
review.\7\
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\7\ See accompanying Issues and Decision Memorandum.
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Final Results of the Review
We are assigning the following weighted-average dumping margins to
the firms listed below for the period December 1, 2018, through
November 30, 201:
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Weighted-
average
Exporter/producer dumping
margin
(percent)
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Ajmal Steel Tubes & Pipes Ind. L.L.C./Noble Steel Industries 54.27
L.L.C......................................................
Universal Tube and Plastic Industries, Ltd./THL Tube and 1.62
Pipe Industries LLC/KHK Scaffolding and Formwork LLC.......
Conares Metal Supply Limited................................ 1.62
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We intend to disclose the calculations performed within five days
of the date of publication of this notice to parties in this
proceeding, in accordance with 19 CFR 351.224(b).
Assessment Rates
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), where 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 the examined sales to the total entered value of
the sales for which entered value was reported. 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.
The assessment rate for antidumping duties for the company not
selected for individual examination (i.e., Conares) and for Ajmal,
which has been assigned a rate based entirely on total adverse facts
available, will be equal to the respective weighted-average dumping
margin identified above in the Final Results of the Review. The final
results of this review shall be the basis for the assessment of
antidumping duties on entries of merchandise covered by the final
results of this review and for future deposits of estimated duties,
where applicable.\8\
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\8\ See section 751(a)(2)(C) of the Act.
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Commerce's ``automatic assessment'' will apply to entries of
subject merchandise during the POR produced by companies included in
these final results of review for which the reviewed
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companies did not know that the merchandise they sold to the
intermediary (e.g., a reseller, trading company, or exporter) was
destined for the United States. In such instances, we will instruct CBP
to liquidate unreviewed entries at the all-others rate if there is no
rate for the intermediate company(ies) involved in the transaction.\9\
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\9\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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We intend 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
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 publication date 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 specific
company listed above will be that established in the final results of
this 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), in
which case the cash deposit rate will be zero; (2) for previously
investigated companies not subject to this review, the cash deposit
will continue to be the company-specific rate published for the most
recently completed segment of this proceeding; (3) if the exporter is
not a firm covered in this review, or a previous segment, but the
manufacturer is, then the cash deposit rate will be the rate
established for the most recent segment for the manufacturer of the
merchandise; and (4) the cash deposit rate for all other manufacturers
or exporters will continue to be 5.95 percent, the all-others rate
established in the LTFV investigation.\10\ These deposit requirements,
when imposed, shall remain in effect until further notice.
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\10\ 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, 91908 (December 19, 2016).
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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 the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification Regarding 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 the terms of an APO is a sanctionable
violation.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i) of the Act.
Dated: October 20, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations performing the
non-exclusive functions and duties of theAssistant 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. Use of Adverse Facts Available
V. Margin Calculations
VI. Discussion of Issues
Ajmal-Specific Issue
Comment 1: Application of Adverse Facts Available (AFA) Based on
Failure to Cooperate
Universal-Specific Issues
Comment 2: Whether To Cap Universal's Cutting Revenue
Comment 3: Whether To Revise Universal's Reported Theoretical
Weight
Comment 4: Whether To Use Universal's Most Recently Submitted
Data Sets
Other Issue
Comment 5: Rate for the Non-Selected Company
VII. Recommendation
[FR Doc. 2021-23372 Filed 10-26-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on October 27, 2021.
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