Notice2022-25564
Large Diameter Welded Pipe From Canada: Final Results of Antidumping Duty 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
November 23, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that the producer and/or exporter subject to this administrative review made sales of large diameter welded pipe from Canada in the United States at prices below normal value (NV) during the period of review (POR), May 1, 2020, through April 30, 2021.
Full Text
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<title>Federal Register, Volume 87 Issue 225 (Wednesday, November 23, 2022)</title>
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[Federal Register Volume 87, Number 225 (Wednesday, November 23, 2022)]
[Notices]
[Pages 71580-71581]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-25564]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-122-863]
Large Diameter Welded Pipe From Canada: Final Results of
Antidumping Duty Administrative Review; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that the
producer and/or exporter subject to this administrative review made
sales of large diameter welded pipe from Canada in the United States at
prices below normal value (NV) during the period of review (POR), May
1, 2020, through April 30, 2021.
DATES: Applicable November 23, 2022.
FOR FURTHER INFORMATION CONTACT: Irene Gorelik, 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
SUPPLEMENTARY INFORMATION:
Background
On June 6, 2022, Commerce published the preliminary results of this
administrative review.\1\ The review covers one producer or exporter:
Evraz Inc. NA (Evraz).\2\ We invited interested parties to comment on
the Preliminary Results. A summary of the events that occurred since
Commerce published the Preliminary Results, as well as a full
discussion of the issues raised by parties for these final results, are
discussed in the Issues and Decision Memorandum.\3\ Commerce conducted
this review in accordance with section 751(a) of the Tariff Act of
1930, as amended (the Act).
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\1\ See Large Diameter Welded Pipe from Canada: Preliminary
Results of Antidumping Duty Administrative Review and Partial
Rescission of Administrative Review; 2020-2021, 87 FR 34249 (June 6,
2022) (Preliminary Results), and accompanying Preliminary Decision
Memorandum.
\2\ 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 Large
Diameter Welded Pipe from Canada: Antidumping Duty Order, 84 FR
18775, 18776 (May 2, 2019) (Order). There is no information on this
record of this review that requires reconsideration of this single
entity determination.
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of Antidumping Duty Administrative Review: Large
Diameter Welded Pipe from Canada; 2020-2021,'' dated concurrently
with, and hereby adopted by, this notice (Issues and Decision
Memorandum).
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Scope of the Order
The product covered by this Order is large diameter welded pipe
from Canada. For a complete description of the scope of the Order, see
the Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised in the parties' case and rebuttal briefs are
addressed in the Issues and Decision Memorandum and are listed in the
appendix to this notice. 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://access.trade.gov/public/FRNoticesListLayout.aspx">http://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Changes Since the Preliminary Results
Based on comments received from interested parties regarding our
Preliminary Results and our review of the record to address those
comments, we made changes to the preliminary weighted-average dumping
margin calculations for Evraz, as detailed in the Issues and Decision
Memorandum.\4\
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\4\ See Issues and Decision Memorandum at 3 and Comments 2, 3,
5, and 6.
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Final Results of Review
As a result of this review, we determine the following weighted-
[[Page 71581]]
average dumping margin exists for the POR:
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Weighted-
average
Exporter or producer dumping
margin
(percent)
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Evraz Inc. NA \5\.......................................... 36.02
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Disclosure
Commerce intends to disclose the calculations performed for these
final results within five days of the date of publication of this
notice in the Federal Register, in accordance with 19 CFR 351.224(b).
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\5\ As noted above, the Evraz single entity includes: Evraz Inc.
NA; Evraz Inc. NA Canada; and the Canadian National Steel
Corporation.
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Assessment Rates
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 these final results of
review.\6\ Pursuant to 19 CFR 351.212(b)(1), Evraz reported the entered
value of its U.S. sales such that 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 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 assessment
rate is zero or de minimis, we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties.
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\6\ See 19 CFR 351.212(b).
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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 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.\7\ Commerce
intends to issue assessment instructions to CBP no earlier than 41 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).
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\7\ 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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Cash Deposit Requirements
The following 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 Inc. NA
will be equal to the weighted-average dumping margin that is
established in the final results of this review; (2) for previously
investigated or reviewed companies not subject to 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 participated; (3) if the exporter is not a firm covered in this
review, a prior review, or the original less-than-fair-value (LTFV)
investigation, but the producer is, the cash deposit rate will be the
rate established for the most recently completed segment of the
proceeding for the producer of the merchandise; and (4) the cash
deposit rate for all other producers and exporters will continue to be
12.32 percent ad valorem, the all-others rate established in the LTFV
investigation.\8\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\8\ See Order.
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Notification to Importers Regarding the Reimbursement of Duties
This notice also 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 the POR. 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.
Administrative Protective Order
This notice also serves as a reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the return or destruction 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 the 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
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5).
Dated: November 17, 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. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether Commerce Should Apply Partial Adverse Facts
Available (AFA) to Evraz's Cost of Production (COP)
Comment 2: Calculation of the General and Administrative (G&A)
Expense Ratio
Comment 3: Whether to Include Certain Line Items in the G&A
Expense Ratio Calculation
Comment 4: Surrogate Costs for Products Sold But Not Produced
During the POR
Comment 5: Whether Major Input Adjustments to Scrap Cost Are
Distorted
Comment 6: Coating Cost Adjustments
VI. Recommendation
[FR Doc. 2022-25564 Filed 11-22-22; 8:45 am]
BILLING CODE 3510-DS-P
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