Notice2022-12083
Large Diameter Welded Pipe From Canada: Preliminary Results of Antidumping Duty Administrative Review and Partial Rescission of Administrative Review; 2020-2021
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
June 6, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is conducting an administrative review of the antidumping duty (AD) order on large diameter welded pipe (welded pipe) from Canada. The period of review (POR) is May 1, 2020, through April 30, 2021. The review covers 46 producers or exporters of the subject merchandise including the sole mandatory respondent, Evraz. We preliminarily determine that Evraz made sales of subject merchandise at prices below normal value (NV) during the POR. We are also rescinding this administrative review for 42 companies for which this review was initiated. Interested parties are invited to comment on these preliminary results.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 108 (Monday, June 6, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 108 (Monday, June 6, 2022)]
[Notices]
[Pages 34249-34251]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-12083]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-122-863]
Large Diameter Welded Pipe From Canada: Preliminary Results of
Antidumping Duty Administrative Review and Partial Rescission of
Administrative Review; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is conducting an
administrative review of the antidumping duty (AD) order on large
diameter welded pipe (welded pipe) from Canada. The period of review
(POR) is May 1, 2020, through April 30, 2021. The review covers 46
producers or exporters of the subject merchandise including the sole
mandatory respondent, Evraz. We preliminarily determine that Evraz made
sales of subject merchandise at prices below normal value (NV) during
the POR. We are also rescinding this administrative review for 42
companies for which this review was initiated. Interested parties are
invited to comment on these preliminary results.
DATES: Applicable June 6, 2022.
FOR FURTHER INFORMATION CONTACT: Irene Gorelik or Patrick Crotty, AD/
CVD Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-6905 or (202)
482-0568, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 2, 2019, Commerce published the AD order on welded pipe from
Canada.\1\ On July 10, 2020, in accordance with 19 CFR 351.221(c)(i),
Commerce initiated an administrative review of the Order, covering 46
producers or exporters of the subject merchandise.\2\ On August 10,
2021, we selected Evraz \3\ as the sole mandatory respondent in this
administrative review.\4\ Pursuant to section 751(a)(3)(A) of the
Tariff Act of 1930, as amended (the Act), Commerce determined that it
was not practicable to complete the preliminary results of this review
within 245 days, and extended the deadline for the preliminary results
of this review by 100 days, until May 11, 2022.\5\ Subsequently,
Commerce extended the deadline for the preliminary results by an
additional 16 days, until May 27, 2022.\6\
---------------------------------------------------------------------------
\1\ See Large Diameter Welded Pipe from Canada: Antidumping Duty
Order, 84 FR 18775 (May 2, 2019) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 35481 (July 6, 2021) (Initiation
Notice).
\3\ In the underlying investigation, Commerce treated Evraz Inc.
NA, Evraz Inc. NA Canada, and the Canadian National Steel
Corporation (collectively, Evraz) as a single entity. See Order.
There is no information on the record of this administrative review
that indicates a change would be warranted of this single entity
determination.
\4\ See Memorandum, ``Respondent Selection,'' dated August 10,
2021.
\5\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated January
3, 2022.
\6\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated April 25,
2022.
---------------------------------------------------------------------------
For a detailed description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\7\
A list of topics discussed in the Preliminary Decision Memorandum is
included as Appendix I to this notice. The Preliminary 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 Preliminary Decision Memorandum can be accessed directly
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
---------------------------------------------------------------------------
\7\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative Review: Large Diameter
Welded Pipe from Canada; 2020-2021,'' dated concurrently with, and
hereby adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The product covered by the Order is welded pipe from Canada. For a
full description of the scope of the Order, see the Preliminary
Decision Memorandum.
Partial Rescission of Review
On October 4, 2021, the Domestic Interested Party \8\ filed a
timely letter withdrawing its review request for all companies that it
had requested.\9\ Commerce notes that the Domestic Interested Party
requested review of Canadian National Steel Corp.; Evraz Inc. NA; Evraz
Inc. NA Canada; and The Canadian National Steel Corporation.\10\
[[Page 34250]]
However, because Evraz did not withdraw its review request, i.e., for
Evraz Inc. NA, we will not rescind the review with respect to either
Evraz NA Inc. or the other companies requested by the Domestic
Interested Party which are part of the Evraz single entity. Therefore,
we are rescinding the review with respect to the 42 companies not
associated with Evraz and for which all review requests were timely
withdrawn.\11\
---------------------------------------------------------------------------
\8\ The Domestic Interested Party is the American Line Pipe
Producers Association Trade Committee.
\9\ See Domestic Interested Party's Letter, ``Withdrawal of
Review Request,'' dated October 4, 2021.
\10\ See Domestic Interested Party's Letter, ``Request for
Administrative Review,'' dated June 1, 2021. We note that Canadian
National Steel Corp. listed separately in the Domestic Interested
Party's review request is an abbreviated form of The Canadian
National Steel Corporation, one of the companies within the Evraz
single entity, as the Domestic Interested Party provides the same
address for both names.
\11\ See Appendix II.
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the party that requested
the review withdraws its request within 90 days of the publication of
the notice of initiation of the requested review. Because all requests
for an administrative review of the 42 companies listed in Appendix II
were withdrawn by interested parties within 90 days of the date of
publication of the Initiation Notice, Commerce is rescinding this
review with respect to these companies in accordance with 19 CFR
351.213(d)(1).
Methodology
Commerce is conducting this review in accordance with section
751(a) of the Act. Export price is calculated in accordance with
section 772 of the Act. NV is calculated in accordance with section 773
of the Act. For a full description of the methodology underlying these
preliminary results, see the Preliminary Decision Memorandum.
Preliminary Results of the Review
We preliminarily determine that the following weighted-average
dumping margin exists for the period of May 1, 2020, through April 30,
2021:
------------------------------------------------------------------------
Weighted-average
Producer/exporter dumping margin
(percent)
------------------------------------------------------------------------
Evraz Inc. NA/Evraz Inc. NA Canada/The Canadian 1.04
National Steel Corporation........................
------------------------------------------------------------------------
Disclosure and Public Comment
We intend to disclose the calculations performed for these
preliminary results to interested parties with an Administrative
Protective Order within five days after public announcement of the
preliminary results.\12\
---------------------------------------------------------------------------
\12\ See 19 CFR 351.224(b).
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs no later than 30 days after the date of publication of this
notice.\13\ Rebuttal briefs, limited to issues raised in the case
briefs, may be filed not later than seven days after the date for
filing case briefs.\14\ Parties who submit case or rebuttal briefs in
this proceeding are encouraged to submit with each argument: (1) a
statement of the issue; (2) a brief summary of the argument; and (3) a
table of authorities.\15\ Executive summaries should be limited to five
pages total, including footnotes.
---------------------------------------------------------------------------
\13\ See 19 CFR 351.309(c)(1)(ii).
\14\ See 19 CFR 351.309(d)(1) and (2).
\15\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS, within 30 days after the date of publication of this notice.
Requests should contain: (1) the party's name, address, and telephone
number; (2) the number of participants; and (3) a list of issues to be
discussed. Issues raised in the hearing will be limited to those raised
in the respective case and rebuttal briefs. If a request for a hearing
is made, Commerce intends to hold the hearing at a date and time to be
determined.
All briefs and hearing requests must be filed electronically using
ACCESS \16\ and must be served on interested parties.\17\ An
electronically-filed document must be received successfully in its
entirety by ACCESS by 5 p.m. Eastern Time on the due date. Note that
Commerce has temporarily modified certain of its requirements for
serving documents containing business proprietary information, until
further notice.\18\
---------------------------------------------------------------------------
\16\ See 19 CFR 351.303.
\17\ See 19 CFR 351.303(f).
\18\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
---------------------------------------------------------------------------
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR
351.212(b)(1), Commerce will determine, and U.S. Customs and Border
Protection (CBP) shall assess, ADs on all appropriate entries of
subject merchandise covered by this review.
For the 42 companies for which Commerce is rescinding this review,
as described above, Commerce will instruct CBP to assess ADs on all
appropriate entries at a rate equal to the cash deposit rate of
estimated ADs required at the time of entry, or withdrawal from
warehouse, for consumption, during the period May 1, 2020, through
April 30, 2021, in accordance with 19 CFR 351.212(c)(1)(i). Commerce
intends to issue appropriate assessment instructions to CBP no earlier
than 35 days after the date of publication of this notice in the
Federal Register, in accordance with 19 CFR 356.8(a).
For the remaining entity subject to this review (i.e., Evraz),
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, in accordance with 19 CFR 356.8(a).
Because Evraz reported that it is the importer of record for all its
U.S. sales and Evraz reported the entered value of those sales,\19\ if
Evraz's weighted-average dumping margin is not zero or de minimis
(i.e., less than 0.50 percent), then upon completion of the final
results, Commerce will calculate importer-specific ad valorem AD
assessment rates based on the ratio of the total amount of dumping
calculated for the examined sales to the total entered value of those
sales. If Evraz's weighted-average dumping margin is zero or de minimis
within the meaning of 19 CFR 351.106(c)(1), or the importer-specific
assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to ADs.\20\
---------------------------------------------------------------------------
\19\ See Evraz's Letter, ``Response to Initial Questionnaire
Sections B-D,'' dated October 7, 2021, at C-62.
\20\ See 19 CFR 352.106(c)(2); see also Antidumping Proceeding:
Calculation of the Weighted-Average Dumping Margin and Assessment
Rate in Certain Antidumping Proceedings; Final Modification, 77 FR
8101, 8103 (February 14, 2012).
---------------------------------------------------------------------------
Commerce's ``automatic assessment'' practice will apply to entries
of subject merchandise during the POR produced by Evraz for which the
company did not know that the merchandise it sold to the
[[Page 34251]]
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.\21\
---------------------------------------------------------------------------
\21\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
The final results of this review shall be the basis for the
assessment of ADs on entries of merchandise covered by the final
results of this review and for future cash deposits of estimated ADs,
where applicable.\22\
---------------------------------------------------------------------------
\22\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------
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 Evraz will be
equal to the weighted-average dumping margin 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
reviewed or investigated companies not covered in this review,
including the 42 companies for which Commerce is rescinding this
review, the cash deposit rate will continue to be the company-specific
rate published for the most recently-completed segment of this
proceeding in which the company was reviewed; (3) if the exporter is
not a firm covered in this review or in the less-than-fair-value (LTFV)
investigation, but the producer is, then the cash deposit rate will be
the company-specific rate established for the most recently-completed
segment of this proceeding for the producer of subject merchandise; and
(4) the cash deposit rate for all other producers or exporters will
continue to be 12.32 percent, the all-others rate established in the
LTFV investigation.\23\
---------------------------------------------------------------------------
\23\ See Order.
---------------------------------------------------------------------------
These cash deposit requirements, when imposed, shall remain in
effect until further notice.
Final Results of Review
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, including the results of our
analysis of issues raised by the parties in the written comments,
within 120 days of publication of these preliminary results in the
Federal Register, pursuant to section 751(a)(3)(A) of the Act and 19
CFR 351.213(h)(1).
Notification to Importers
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of ADs prior to liquidation of the relevant
entries during this POR. Failure to comply with this requirement could
result in Commerce's presumption that reimbursement of ADs occurred and
the subsequent assessment of doubled ADs.
Notification to Interested Parties
These preliminary results are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(4).
Dated: May 27, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Review
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
Appendix II
Companies Rescinded From Review
1. Acier Profile SBB Inc
2. Aciers Lague Steels Inc
3. Amdor Inc
4. Armtec-Canada Culvert
5. BPC Services Group
6. Bri[hyphen]Steel Manufacturing
7. Canada Culvert
8. Canam (St Gedeon)
9. Canam Group Inc.
10. Cappco Tubular Products Canada Inc
11. CFI Metal Inc
12. Dominion Pipe & Piling
13. Enduro Canada Pipeline Services
14. Fi Oilfield Services Canada
15. Forterra
16. Gchem Ltd
17. Graham Construction
18. Groupe Fordia Inc
19. Grupo Fordia Inc
20. Hodgson Custom Rolling
21. Hyprescon Inc
22. Interpipe Inc
23. K K Recycling Services
24. Kobelt Manufacturing Co
25. Labrie Environment
26. Les Aciers Sofatec
27. Lorenz Conveying P
28. Lorenz Conveying Products
29. Matrix Manufacturing
30. MBI Produits De Forge
31. Nor Arc
32. Peak Drilling Ltd
33. Pipe & Piling Sply Ltd
34. Pipe & Piling Supplies
35. Prudental
36. Prudential
37. Shaw Pipe Protecction
38. Shaw Pipe Protection
39. Tenaris Algoma Tubes Facility
40. Tenaris Prudential
41. Welded Tube of Can Ltd
42. WGI Westman Group Inc.
[FR Doc. 2022-12083 Filed 6-3-22; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on June 6, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.