Notice2022-18399
Certain Welded Carbon Steel Standard Pipes and Tubes From India: Preliminary Negative Determinations of Circumvention of the Antidumping Order
Primary source
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Published
August 26, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that imports of certain welded carbon steel standard pipes and tubes (pipe and tube), completed in Oman and the United Arab Emirates (UAE) from hot-rolled steel (HRS) produced in India, are not circumventing the antidumping duty (AD) order on pipe and tube from India.
Full Text
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<title>Federal Register, Volume 87 Issue 165 (Friday, August 26, 2022)</title>
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[Federal Register Volume 87, Number 165 (Friday, August 26, 2022)]
[Notices]
[Pages 52507-52508]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-18399]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-502]
Certain Welded Carbon Steel Standard Pipes and Tubes From India:
Preliminary Negative Determinations of Circumvention of the Antidumping
Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that imports of certain welded carbon steel standard pipes
and tubes (pipe and tube), completed in Oman and the United Arab
Emirates (UAE) from hot-rolled steel (HRS) produced in India, are not
circumventing the antidumping duty (AD) order on pipe and tube from
India.
DATES: Applicable August 26, 2022.
FOR FURTHER INFORMATION CONTACT: Jacob Keller or Dusten Hom, AD/CVD
Operations, Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4849 or (202) 482-5075,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 12, 1986, Commerce published the order on imports of pipe
and tube from India.\1\ On February 22, 2022, Commerce initiated a
country-wide circumvention inquiry to determine whether certain imports
of pipe of tube completed in Oman and the UAE using HRS produced in
India are circumventing the Order.\2\ On March 24, 2022, Commerce
selected from Oman, Al Jazeera Tube Mill Company SAOG (Al Jazeera),
and, from the UAE, in alphabetical order, Ajmal Steel Tubes and Pipes
Ind., LLC (Ajmal Steel), Conares Metal Supply Limited (Conares), and
Universal Tube and Plastic Industries, Ltd. (Jebel Ali Branch) (UTP);
KHK Scaffolding and Formwork LLC (KHK); and THL Pipe and Tube
Industries LLC (THL) (collectively, Universal) as the mandatory
respondents in these circumvention inquiries.\3\ Between March and July
2022, Commerce issued questionnaires to the four respondents and
received timely responses.\4\ From April through July 2022, Commerce
received comments from the company respondents and Bull Moose Tube
Company, Nucor Tubular Products Inc., Wheatland Tube Company, and the
United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied
Industrial and Service Workers International Union, AFL-CIO, CLC
(collectively, the domestic interested parties).\5\ On July 20, 2022,
Commerce
[[Page 52508]]
extended the time limit for issuing the preliminary determination of
this circumvention inquiry until August 22, 2022.\6\
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\1\ See Antidumping Duty Order; Certain Welded Carbon Steel
Standard Pipes and Tubes from India, 51 FR 17384 (May 12, 1986)
(Order).
\2\ See Certain Welded Carbon Steel Standard Pipes and Tubes
from India: Initiation of Circumvention Inquiry on the Antidumping
Duty Order, 87 FR 9571 (February 22, 2022).
\3\ See Memorandum, ``Circumvention Inquiries on Certain Welded
Carbon Steel Standard Pipes and Tubes from India: Respondent
Selection,'' dated March 24, 2022.
\4\ See Commerce's Letters, ``Certain Welded Carbon Steel
Standard Pipes and Tubes from India: Circumvention Inquiry Initial
Questionnaire,'' dated March 25, 2022; see also Al Jazeera's Letter,
``Circular Welded Carbon-Quality Steel Pipe from India--Anti-
circumvention Inquiry; Al Jazeera Questionnaire Response,'' dated
May 6, 2022; Conares' Letter, ``Welded Carbon Steel Pipe & Tube:
Circumvention Inquiry Initial Questionnaire Response,'' dated May
16, 2022; Universal's Letter, ``Certain Welded Carbon Steel Standard
Pipes and Tubes from India--Anti-Circumvention Inquiry Initial
Questionnaire Response,'' dated May 16, 2022; Ajmal's Letter,
``Ajmal Steel's Initial Questionnaire Response, Certain Welded
Carbon Steel Standard Pipes and Tubes from India: Circumvention
Inquiry,'' dated May 20, 2022; Commerce's Letters, ``Circumvention
Inquiries on the Antidumping Duty Order on Certain Welded Carbon
Steel Standard Pipes and Tubes from India: Supplemental
Questionnaire,'' dated June 15, 2022; Commerce's Letters,
``Circumvention Inquiries on the Antidumping Duty Order on Certain
Welded Carbon Steel Standard Pipes and Tubes from India:
Supplemental Questionnaire,'' June 22, 2022; Al Jazeera's Letter,
``Circular Welded Carbon-Quality Steel Pipe from India--Anti-
circumvention Inquiry; Al Jazeera SQR,'' dated June 24, 2022;
Ajmal's Letter, ``Ajmal Steel's Supplemental Questionnaire Response,
Certain Welded Carbon Steel Standard Pipes and Tubes from India:
Circumvention Inquiry,'' dated June 30, 2022; Universal's Letter,
``Certain Welded Carbon Steel Standard Pipes and Tubes from India--
Anti-Circumvention Inquiry Supplemental Questionnaire Response,''
dated June 30, 2022; Conares' Letter, ``Welded Carbon Steel Pipe &
Tube: Circumvention Inquiry Supplemental Questionnaire Response,''
dated July 1, 2022.
\5\ See Al Jazeera's Letter, ``Circular Welded Carbon-Quality
Steel Pipe from India; Al Jazeera comments and NFI re: DIPs' request
for inquiry,'' dated April 7, 2022; see also Conares' Letter,
``Welded Carbon Steel Standard Pipe from India: Comments on Anti
Circumvention Inquiry Request,'' dated April 7, 2022; and
Universal's Letter, ``Certain Welded Carbon Steel Standard Pipes and
Tubes from India--Response to Domestic Interested Parties' Factual
Information Submitted in Support of Their Request for Commerce to
Conduct an Anti-Circumvention Inquiry,'' dated April 7, 2022;
Domestic Interested Parties' Letter, ``Certain Welded Carbon Steel
Standard Pipes and Tubes from India: Comments and Factual
Information in Response to Submissions of Al Jazeera, Universal, and
Conares,'' dated April 28, 2022; Domestic Interested Parties'
Letters, ``Certain Welded Carbon Steel Standard Pipes and Tubes from
India: Comments on Ajmal's Initial Questionnaire Responses,'' dated
July 6, 2022; and ``Certain Welded Carbon Steel Standard Pipes and
Tubes from India: Comments on Universal's Questionnaire Responses
and Submission of Information to Rebut, Clarify, or Correct,'' dated
July 7, 2022; Domestic Interested Parties Letter, ``Certain Welded
Carbon Steel Standard Pipes and Tubes from India: Comments Regarding
Preliminary Circumvention Determination,'' dated July 15, 2022;
Universal's Letter, ``Certain Welded Carbon Steel Standard Pipes and
Tubes from India--Comments Regarding Preliminary Circumvention
Determination,'' dated July 19, 2022; Al Jazeera's Letter,
``Circular Welded Carbon-Quality Steel Pipe from India--Anti-
circumvention Inquiry; Al Jazeera Response to DIPs' Pre-Preliminary
Comments,'' dated July 19, 2022; Ajmal's Letter, ``Ajmal's Pre-
Prelim Comments, Certain Welded Carbon Steel Standard Pipes and
Tubes from India: Circumvention Inquiry,'' dated August 5, 2022;
Universal's Letter, ``Certain Welded Carbon Steel Standard Pipes and
Tubes from India--Comments Regarding Preliminary Circumvention
Determination,'' dated August 8, 2022; Conares' Letter, ``Welded
Carbon Steel Standard Pipe from India: Anti-Circumvention Pre-
Preliminary Comments,'' dated August 8, 2022; Domestic Interested
Parties Letter, ``Certain Welded Carbon Steel Standard Pipes and
Tubes from India: Additional Comments Regarding Preliminary
Circumvention Determination,'' dated August 12, 2022; and Al
Jazeera's Letter, ``Circular Welded Carbon-Quality Steel Pipe from
India--Anti-circumvention Inquiry; Al Jazeera response to DIPs' pre-
preliminary comments,'' dated August 15, 2022.
\6\ See Memorandum. ``Certain Welded Carbon Steel Standard Pipes
and Tubes from India: Extension of Anti-Circumvention Preliminary
Determination,'' dated July 20, 2022.
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Scope of the Order <SUP>7</SUP>
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\7\ See Order.
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The products covered by the Order include certain welded carbon
steel standard pipes and tubes with an outside diameter of 0.375 inch
or more but not over 16 inches. For a full description of the scope of
the Order, see the Preliminary Decision Memorandum.\8\
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\8\ See Memorandum, ``Certain Welded Carbon Steel Standard Pipes
and Tubes from India: Preliminary Decision Memorandum for the
Circumvention Inquiries on the Antidumping Duty Order,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum), at 2.
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Merchandise Subject to the Circumvention Inquiry
This circumvention inquiry covers pipe and tube completed in Oman
and the UAE using India-origin HRS and subsequently exported from Oman
and the UAE to the United States.
Methodology
Commerce is conducting this circumvention inquiry in accordance
with section 781(b) of the Tariff Act of 1930, as amended (the Act),
and 19 CFR 351.226. For a complete description of the events that
followed the initiation of these circumvention inquiries, see the
Preliminary Decision Memorandum. A list of topics included in the
Preliminary Decision Memorandum is included as an Appendix 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>.
Preliminary Determinations
As detailed in the Preliminary Decision Memorandum, Commerce
preliminarily determines that pipe and tube completed in Oman and the
UAE using India-origin HRS and subsequently exported from Oman or the
UAE to the United States are not circumventing the Order on a country-
wide basis. Accordingly, Commerce is making a negative preliminary
finding of circumvention of the Order.
Verification
As provided in 19 CFR 351.307, Commerce intends to verify
information relied upon in making its final determination.
Public Comment
Because Commerce intends to conduct verification, interested
parties will be provided an opportunity to submit written comments
(case briefs) at a date to be determined by Commerce and rebuttal
comments (rebuttal briefs) within seven days after the time limit for
filing case briefs.\9\ Parties who submit case briefs 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.\10\ Case and rebuttal briefs should be
filed electronically via ACCESS.\11\ Note that Commerce has temporarily
modified certain of its requirements for serving documents containing
business proprietary information, until further notice.\12\
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\9\ See 19 CFR 351.309(c)(l)(ii) and 351.309(d)(l). Interested
parties will be notified through ACCESS regarding the deadline for
submitting case briefs; see also 19 CFR 351.303 (for general filing
requirements).
\10\ See 19 CFR 351.309(c)(2)(d)(2).
\11\ See 19 CFR 351.303.
\12\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing at a time and date to be
determined.
Notification to Interested Parties
This determination is issued and published in accordance with
section 781(b) of the Act and 19 CFR 351.226(g)(1).
Dated: August 22, 2022.
Lisa W. Wang,
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. Merchandise Subject to the Circumvention Inquiry
V. Period of Circumvention Inquiry
VI. Affiliation and Collapsing
VII. Statutory and Regulatory Framework for Circumvention Inquiries
VIII. Statutory Analysis for the Circumvention Inquiry
IX. Summary of Statutory Analysis
X. Verification
XI. Country-Wide Negative Determination of Circumvention
XII. Recommendation
[FR Doc. 2022-18399 Filed 8-25-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on August 26, 2022.
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