Notice2022-27329
Circular Welded Carbon-Quality Steel Pipe From the United Arab Emirates: Notice of Court Decision Not in Harmony With the Results of Antidumping Duty Administrative Review; Notice of Amended Final Results
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
December 16, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
On December 8, 2022, the U.S. Court of International Trade (CIT) issued its final judgment in Universal Tube and Plastic Indus., Ltd. v. United States, Court no. 20-03944, sustaining the Department of Commerce (Commerce)'s remand results pertaining to the administrative review of the antidumping duty (AD) order on circular welded carbon- quality steel pipe (CWP) from the United Arab Emirates (UAE) covering the period December 1, 2017, through November 30, 2018. Commerce is notifying the public that the CIT's final judgment is not in harmony with Commerce's final results of the administrative review, and that Commerce is amending the final results with respect to the dumping margin assigned to Universal Tube and Plastic Industries, Ltd. (UTP)/ THL Tube and Pipe Industries LLC (THL)/KHK Scaffolding and Formwork LLC (KHK) (collectively, Universal).
Full Text
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<title>Federal Register, Volume 87 Issue 241 (Friday, December 16, 2022)</title>
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[Federal Register Volume 87, Number 241 (Friday, December 16, 2022)]
[Notices]
[Pages 77071-77072]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-27329]
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DEPARTMENT OF COMMERCE
International Trade Administration
[[A-520-807]
Circular Welded Carbon-Quality Steel Pipe From the United Arab
Emirates: Notice of Court Decision Not in Harmony With the Results of
Antidumping Duty Administrative Review; Notice of Amended Final Results
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On December 8, 2022, the U.S. Court of International Trade
(CIT) issued its final judgment in Universal Tube and Plastic Indus.,
Ltd. v. United States, Court no. 20-03944, sustaining the Department of
Commerce (Commerce)'s remand results pertaining to the administrative
review of the antidumping duty (AD) order on circular welded carbon-
quality steel pipe (CWP) from the United Arab Emirates (UAE) covering
the period December 1, 2017, through November 30, 2018. Commerce is
notifying the public that the CIT's final judgment is not in harmony
with Commerce's final results of the administrative review, and that
Commerce is amending the final results with respect to the dumping
margin assigned to Universal Tube and Plastic Industries, Ltd. (UTP)/
THL Tube and Pipe Industries LLC (THL)/KHK Scaffolding and Formwork LLC
(KHK) (collectively, Universal).
DATES: Applicable December 18, 2022.
FOR FURTHER INFORMATION CONTACT: Benjamin A. Luberda, 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.
SUPPLEMENTARY INFORMATION:
Background
On December 1, 2020, Commerce published its Final Results in the
2017-2018 AD administrative review of CWP from the UAE, in which
Commerce calculated a weighted-average dumping margin of 3.79 percent
for Universal.\1\ After correcting ministerial errors contained in the
Final Results, on January 5, 2021, Commerce published the Amended Final
Results and revised the calculated weighted-average dumping margin for
Universal to 3.63 percent.\2\
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\1\ See Circular Welded Carbon-Quality Steel Pipe from the
United Arab Emirates: Final Results of Antidumping Duty
Administrative Review; 2017-2018, 85 FR 77159, 77160 (December 1,
2020) (Final Results). In the less-than-fair-value investigation,
Commerce found that UTP, Universal Tube and Pipe Industries, LLC,
and KHK should be treated as a single entity. See 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). Further, in the 2016-2017 administrative review of this
order, we determined that THL is the successor-in-interest to
Universal Tube and Pipe Industries, LLC. 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). Absent information to the contrary, Commerce
continued to treat Universal as a single entity for the purposes of
the 2017-2018 administrative review of this order. See Circular
Welded Carbon-Quality Steel Pipe from the United Arab Emirates:
Preliminary Results of Antidumping Duty Administrative Review; 2017-
2018, 85 FR 7279, 7279 (n. 3) (February 7, 2020), and accompanying
Preliminary Decision Memorandum (PDM), unchanged in Final Results
and Circular Welded Carbon-Quality Steel Pipe from the United Arab
Emirates: Amended Final Results of Antidumping Duty Administrative
Review, 86 FR 289 (January 5, 2021) (Amended Final Results).
\2\ See Amended Final Results.
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Universal appealed Commerce's Final Results/Amended Final Results.
On July 15, 2022, the CIT remanded the Final Results/Amended Final
Results to Commerce, holding that Commerce: (1) failed to demonstrate
that its methodology to determine whether to grant a level of trade
(LOT) adjustment and/or a constructed export price (CEP) offset
achieved a ``fair comparison'' between CEP and normal value; and (2)
failed to consider certain record evidence in its final finding that
neither an LOT adjustment nor CEP offset was warranted for
Universal.\3\
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\3\ See Universal Tube and Plastic Indus., Ltd. v. United
States, Court No. 20-03944, Slip Op. 22-83 (CIT July 15, 2022).
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In its final remand redetermination, issued in October 2022,
Commerce found that Universal made sales in the home market at two
LOTs, and therefore an LOT adjustment was warranted for Universal when
comparing its U.S. sales to home market sales made at a more advanced
LOT.\4\ The CIT sustained Commerce's final redetermination.\5\
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\4\ See ``Universal Tube and Plastic Indus., Ltd. v. United
States, Court No. 20-03944, Slip Op. 22-83 (CIT July 15, 2022) Final
Results of Redetermination Pursuant to Court Remand,'' issued on
October 13, 2022.
\5\ See Universal Tube and Plastic Indus., Ltd. v. United
States, Court No. 20-03944, Slip Op. 22-139 (CIT December 8, 2022).
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Timken Notice
In its decision in Timken,\6\ as clarified by Diamond Sawblades,\7\
the Court of Appeals for the Federal Circuit held that, pursuant to
section 516A(c) and (e) of the Tariff Act of 1930, as amended (the
Act), Commerce must publish a notice of court decision that is not ``in
harmony'' with a Commerce determination and must suspend liquidation of
entries pending a ``conclusive'' court decision. The CIT's December 8,
2022, judgment constitutes a final decision of the CIT that is not in
harmony with Commerce's Final Results. Thus, this notice is published
in fulfillment of the publication requirements of Timken.
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\6\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir.
1990) (Timken).
\7\ See Diamond Sawblades Mfrs. Coal. v. United States, 626 F.3d
1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Final Results
Because there is now a final court judgment, Commerce is amending
the calculated weighted-average dumping margin for Universal as
follows:
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Weighted-
average
Exporter/producer dumping
margin
(percent)
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Universal Tube and Plastic Industries, Ltd. (UTP)/THL Tube 1.18
and Pipe Industries LLC (THL)/KHK Scaffolding and Formwork
LLC.......................................................
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Cash Deposit Requirements
Because Universal has a superseding cash deposit rate, i.e., there
have been final results published in a subsequent administrative
review, we will not issue revised cash deposit instructions to U.S.
Customs and Border Protection (CBP). This notice will not affect the
current cash deposit rate.
Liquidation of Suspended Entries
At this time, Commerce remains enjoined by CIT order from
liquidating entries that: were produced and exported by Universal, and
were entered, or withdrawn from warehouse, for consumption during the
period December 1, 2017, through November 30, 2018. These entries will
remain enjoined pursuant to the terms of the injunction during the
pendency of any appeals process.
In the event the CIT's ruling is not appealed, or, if appealed,
upheld by a final and conclusive court decision, Commerce intends to
instruct CBP to assess antidumping duties on unliquidated entries of
subject merchandise produced and exported by Universal in accordance
with 19 CFR 351.212(b). We will instruct CBP to assess antidumping
duties on all appropriate entries covered by this review when the
importer-specific ad valorem assessment rate is not zero or de minimis.
Where an importer-specific ad valorem assessment rate is zero or de
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minimis,\8\ we will instruct CBP to liquidate the appropriate entries
without regard to antidumping duties.
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\8\ See 19 CFR 351.106(c)(2).
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Notification to Interested Parties
This notice is issued and published in accordance with sections
516A(c) and (e) and 777(i)(1) of the Act.
Dated: December 12, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-27329 Filed 12-15-22; 8:45 am]
BILLING CODE 3510-DS-P
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