Notice2022-02637
Large Diameter Welded Pipe From Greece: Final Results of Antidumping Duty Administrative Review; 2019-2020
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
February 8, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) determines that the producer/exporter subject to this administrative review made sales of subject merchandise at less than normal value during the period of review (POR), April 19, 2019, through April 30, 2020.
Full Text
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<title>Federal Register, Volume 87 Issue 26 (Tuesday, February 8, 2022)</title>
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[Federal Register Volume 87, Number 26 (Tuesday, February 8, 2022)]
[Notices]
[Pages 7120-7122]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-02637]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-484-803]
Large Diameter Welded Pipe From Greece: Final Results of
Antidumping Duty Administrative Review; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that the
producer/exporter subject to this administrative review made sales of
subject merchandise at less than normal value during the period of
review (POR), April 19, 2019, through April 30, 2020.
DATES: Applicable February 8, 2022.
FOR FURTHER INFORMATION CONTACT: Paul Litwin, AD/CVD Operations, Office
II,
[[Page 7121]]
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202) 482-6002.
SUPPLEMENTARY INFORMATION:
Background
This review covers one producer and exporter of the subject
merchandise, Corinth Pipeworks Pipe Industry S.A. (Corinth). On August
6, 2021, Commerce published the Preliminary Results.\1\ In September
2021, we received case and rebuttal briefs from the petitioners \2\ and
Corinth.\3\ On October 26, 2021, we held a public hearing to discuss
interested parties' comments.\4\ For a description of the events that
occurred since the Preliminary Results, see the Issues and Decision
Memorandum.\5\ On November 19, 2021, Commerce extended the final
results of this review by 60 days, until February 2, 2022.\6\
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\1\ See Large Diameter Welded Pipe from Greece: Preliminary
Results of Antidumping Duty Administrative Review; 2019-2020, 86 FR
43172 (August 6, 2021) (Preliminary Results).
\2\ The petitioners are American Cast Iron Pipe Company, Berg
Steel Pipe Corp., Berg Spiral Pipe Corp., Dura-Bond Industries, JS W
Steel (USA) Inc., Stupp Corporation, Welspun Global Trade LLC,
individually and as members of the American Line Pipe Producers
Association; Greens Bayou Pipe Mill, LP; Skyline Steel; and Trinity
Products LLC (collectively, the petitioners).
\3\ See Petitioners' Letter, ``Case Brief,'' dated September 14,
2021; see also Corinth's Letter, ``Case Brief on behalf of Corinth
Pipeworks and Corinth America,'' dated September 14, 2021;
Petitioners' Letter, ``Rebuttal Brief,'' dated September 28, 2021;
and Corinth's Letter, ``Rebuttal Brief on Behalf of Corinth
Pipeworks and Corinth America,'' dated September 28, 2021.
\4\ See Memorandum, ``2019-2020 Administrative Review of Large
Diameter Welded Pipe from Greece: Scheduling of Public Hearing,''
dated October 26, 2021.
\5\ See Memorandum, ``Decision Memorandum for the Final Results
of the 2019-2020 Administrative Review of the Antidumping Duty Order
on Large Diameter Welded Carbon and Alloy Steel Line Pipe from
Greece,'' dated concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
\6\ See Memorandum, ``Extension of Deadline for Final Results of
2019-2020 Antidumping Duty Administrative Review,'' dated November
19, 2021.
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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 covered by this order is welded carbon and alloy
steel line pipe (other than stainless steel pipe), more than 406.4 mm
(16 inches) in nominal outside diameter (large diameter welded line
pipe), regardless of wall thickness, length, surface finish, grade, end
finish, or stenciling. Large diameter welded pipe may be used to
transport oil, gas, slurry, steam, or other fluids, liquids, or gases.
The large diameter welded line pipe that is subject to this order
is currently classifiable in the Harmonized Tariff Schedule of the
United States (HTSUS) under subheadings 7305.11.1030, 7305.11.1060,
7305.11.5000, 7305.12.1030, 7305.12.1060, 7305.12.5000, 7305.19.1030,
7305.19.1060, and 7305.19.5000. Merchandise currently classifiable
under subheadings 7305.31.4000, 7305.31.6090, 7305.39.1000 and
7305.39.5000 and that otherwise meets the above scope language is also
covered. While the HTSUS subheadings are provided for convenience and
customs purposes, the written description of the scope of this order is
dispositive.\7\
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\7\ On June 22, 2020, Commerce published a notice in the Federal
Register revoking the order, in part, with respect to certain welded
pipe products with specific combinations of grades, diameters, and
wall thicknesses in response to a changed circumstances review
request. This change in the scope was effective as of June 22, 2020,
and, thus, not applicable to this review. See Large Diameter Welded
Pipe from Greece: Final Results of Antidumping Duty Changed
Circumstances Reviews, 85 FR 37424 (June 22, 2020). For a full
description of the scope of the order, see Issues and Decision
Memorandum.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs are listed in the
appendix to this notice and addressed in the Issues and Decision
Memorandum.\8\ Interested parties can find a complete discussion of
these issues and the corresponding recommendations in this public
memorandum, which 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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\8\ See Issues and Decision Memorandum.
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Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, we find it
appropriate to apply a dumping margin based on total adverse facts
available (AFA) to Corinth, in accordance with sections 776(a) and (b)
of the Act.\9\ For further discussion, see the Issues and Decision
Memorandum.
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\9\ Id.
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Final Results of the Review
We are assigning the following weighted-average dumping margin to
the firm listed below for the period April 19, 2019, through April 30,
2020:
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Weighted-
average
Producers/exporters dumping
margin
(percent)
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Corinth Pipeworks Pipe Industry S.A........................ 41.04
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Disclosure
Normally, Commerce discloses to interested parties the calculations
performed in connection with a final determination within five days of
any public announcement or, if there is no public announcement, within
five days of the date of publication of the notice of final
determination in the Federal Register, in accordance with 19 CFR
351.224(b). However, because Commerce applied total AFA to the sole
mandatory respondent in this review in accordance with section 776 of
the Act, and the AFA dumping margin is based solely on the petition,
there are no calculations to disclose.
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.
Because we are applying total AFA as to Corinth's entries for this
POR, we will instruct CBP to apply an assessment rate to all entries
Corinth produced and/or exported equal to the dumping margin indicated
above.
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 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.
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.
[[Page 7122]]
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 Corinth will be
the rate shown above; (2) for previously investigated companies not
participating in this review, the cash deposit rate 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 the original less-than-fair-value (LTFV)
investigation, but the manufacturer is, 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 10.26 percent, the all-
others rate made effective by the LTFV investigation.\10\ These deposit
requirements, when imposed, shall remain in effect until further
notice.
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\10\ See Large Diameter Welded Pipe from Greece: Amended Final
Affirmative Antidumping Determination and Antidumping Duty Order, 84
FR 18769 (May 2, 2019).
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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 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
This notice is being issued and published in accordance with
sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.213.
Dated: February 2, 2022.
Lisa W. Wang,
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. Application of Facts Available and Use of Adverse Inferences
V. Discussion of the Issues
Comment 1: Application of Total Adverse Facts Available (AFA)
for Corinth's Failure to Provide an Adequate Cost Reconciliation
Comment 2: Application of Total AFA for Corinth's Failure to
Provide Adequate Cost Buildups
Comment 3: Application of Partial AFA to Corinth's Unreconciled
Costs
Comment 4: Adjustment of Corinth's Reported Interest Expense
Ratio to Account for Certain Excluded Expenses
Comment 5: Inclusion of ``Idle'' Costs in Corinth's General and
Administrative (G&A) Expenses
Comment 6: Application of Partial AFA to Services Provided by
Dia.Vi.Pe.Thi.V S.A
Comment 7: Double Counting of Foreign Port Charges on U.S. Sales
Comment 8: Section 232 Duty Deduction from Corinth's Constructed
Export Price (CEP)
VI. Recommendation
[FR Doc. 2022-02637 Filed 2-7-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on February 8, 2022.
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