Notice2022-28172
Circular Welded Carbon-Quality Steel Pipe From the Sultanate of Oman: Preliminary Results of Antidumping Duty Administrative Review; Deferred 2019-2020 Period and Concurrent 2020-2021 Period
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Published
December 28, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily finds that circular welded carbon-quality steel pipe (CWP) from the Sultanate of Oman (Oman) was sold in the United States at less than normal value (NV) during the period of review (POR), December 1, 2019, through November 30, 2020, and the POR, December 1, 2020, through November 30, 2021. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 87 Issue 248 (Wednesday, December 28, 2022)</title>
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[Federal Register Volume 87, Number 248 (Wednesday, December 28, 2022)]
[Notices]
[Pages 79865-79867]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-28172]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-523-812]
Circular Welded Carbon-Quality Steel Pipe From the Sultanate of
Oman: Preliminary Results of Antidumping Duty Administrative Review;
Deferred 2019-2020 Period and Concurrent 2020-2021 Period
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that circular welded carbon-quality steel pipe (CWP) from the Sultanate
of Oman (Oman) was sold in the United States at less than normal value
(NV) during the period of review (POR), December 1, 2019, through
November 30, 2020, and the POR, December 1, 2020, through November 30,
2021. Interested parties are invited to comment on these preliminary
results.
DATES: Applicable December 28, 2022.
FOR FURTHER INFORMATION CONTACT: Samuel Glickstein or Dennis McClure,
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) 482-5307
or (202) 482-5973, respectively.
SUPPLEMENTARY INFORMATION:
Background
In accordance with section 751(a)(2) of the Tariff Act of 1930, as
amended (the Act), Commerce is conducting an administrative review of
the antidumping duty order on CWP from Oman.\1\ On February 4, 2021,
Commerce published the initiation of the 2019-2020 administrative
review of the Order with respect to three companies, excluding Al
Jazeera Steel Products Co. SAOG (Al Jazeera).\2\ Pursuant to 19 CFR
351.213(c), Commerce received a request from Al Jazeera Steel Products
Co. SAOG (Al Jazeera) to defer the 2019-2020 administrative review with
respect to itself for one year.\3\ Commerce did not receive any
objections to the deferral within 15 days after the end of the December
2020 anniversary month. As such, we deferred the initiation of the
administrative review for the 2019-2020 POR with respect to Al Jazeera
to the month immediately following the next anniversary month.\4\ On
February 4, 2022, in accordance with 19 CFR 351.221(c)(1)(i), Commerce
published its initiation of an administrative review of the Order for
the 2019-2020 POR with respect to Al Jazeera.\5\ On the same day,
Commerce also published its initiation of a review of the Order for the
2020-2021 POR covering four exporters/producers,\6\ of which we
selected Al Jazeera as the mandatory respondent.\7\
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\1\ See Circular Welded Carbon-Quality Steel Pipe from the
Sultanate of Oman, Pakistan, and the United Arab Emirates: Amended
Final Affirmative Antidumping Duty Determination and Antidumping
Duty Orders, 81 FR 91906 (December 19, 2016) (Order).
\2\ These three companies are: Al Samna Metal Manufacturing &
Trading Company LLC (Al Samna); Bollore Logistics (Oman) LLC
(Bollore Logistics); and Transworld Shipping Trading & Logistics
Services LLC (Transworld Shipping). See Initiation of Antidumping
and Countervailing Duty Administrative Reviews, 86 FR 8166 (February
4, 2021) (February 2021 Initiation Notice). On March 9, 2021,
Commerce rescinded the administrative review for the 2019-2020 POR
with respect to these companies. See Circular Welded Carbon-Quality
Steel Pipe from Oman: Rescission of Antidumping Duty Administrative
Review; 2019-2020, 86 FR 13525 (March 9, 2021) (CWP from Oman
Rescission).
\3\ Id. at Footnote 12.
\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 6487 (February 4, 2022) (February 2022
Initiation Notice), at fn. 6.
\5\ See February 2022 Initiation Notice.
\6\ The four companies are: Al Jazeera; Al Samna; Bollore
Logistics; and Transworld Shipping. See February 2022 Initiation
Notice.
\7\ See Memorandum, ``Respondent Selection,'' dated March 7,
2022.
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On August 17, 2022, we extended the deadline for the preliminary
results of this review until December 21, 2022.\8\ For a complete
description of the events between the initiation of this review and
these preliminary results, see the Preliminary Decision Memorandum.\9\
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\8\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated August
17, 2022.
\9\ See Memorandum, ``Circular Welded Carbon-Quality Steel Pipe
from the Sultanate of Oman: Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative Review; Deferred 2019-
2020 Period and Concurrent 2020-2021 Period,'' dated concurrently
with, and hereby adopted by, this notice (Preliminary Decision
Memorandum).
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Scope of the Order
The merchandise subject to the Order is CWP from Oman. For a
complete description of the scope of the Order, see the Preliminary
Decision Memorandum.\10\
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\10\ Id. at ``Scope of the Order.''
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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. A list of
topics discussed in the Preliminary Decision Memorandum is attached as
the 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>.
Rate for Non-Examined Companies
The statute and Commerce's regulations do not address the
establishment of a rate to be applied to companies not selected for
individual examination when Commerce limits its examination in an
administrative review pursuant to section 777A(c)(2) of the Act.
Generally, Commerce looks to section 735(c)(5) of the Act, which
provides instructions for calculating the all-others rate in a market
economy less-than-fair-value (LTFV) investigation, for guidance when
determining the rate for companies which were not selected for
individual examination in an administrative review. Under section
735(c)(5)(A) of the Act, the all-others rate is normally ``an amount
equal to the weighted average of the estimated weighted average dumping
margins established for exporters and producers individually
investigated, excluding any zero and de minimis margins, and any
margins determined entirely {on the basis of facts available{time} .''
For the 2020-2021 POR, we have preliminarily calculated a weighted-
[[Page 79866]]
average dumping margin for Al Jazeera that is not zero, de minimis, or
determined entirely on the basis of facts available. Accordingly,
Commerce has preliminarily assigned to companies not individually
examined for the 2020-2021 POR a margin of 2.37 percent, which is Al
Jazeera's calculated weighted-average dumping margin for the 2020-2021
POR in this administrative review.
Preliminary Results
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist for the periods December 1,
2019, through November 30, 2020, and December 1, 2020, through November
30, 2021:
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Weighted-
average
Weighted- average dumping margin
dumping margin for for December
Exporter/producer December 1, 2019 to 1, 2020 to
November 30, 2020 POR November 30,
(percent) 2021 POR
(percent)
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Al Jazeera Steel Products Co. 4.61..................... 2.37
SAOG.
Al Samna Metal Manufacturing Not Applicable........... 2.37
& Trading Company LLC \11\.
Bollore Logistics (Oman) LLC Not Applicable........... 2.37
\12\.
Transworld Shipping Trading & Not Applicable........... 2.37
Logistics Services LLC \13\.
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Disclosure and Public Comment
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\11\ As noted above, on March 9, 2021, Commerce rescinded the
administrative review for the 2019-2020 POR for this company. See
CWP from Oman Rescission, 86 FR at 13525.
\12\ Id.
\13\ Id.
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We intend to disclose the calculations performed for these
preliminary results of review to interested parties within five days of
the date of publication of this notice in accordance with 19 CFR
351.224(b). Interested parties may submit case briefs no later than 30
days after the date of publication of this notice.\14\ Rebuttal briefs,
the content of which is limited to the issues raised in the case
briefs, must be filed within seven days from the deadline date for the
submission of case briefs.\15\ Parties who submit case or rebuttal
briefs in this proceeding are requested to submit with each argument:
(1) a statement of the issue; (2) a brief summary of the argument; and
(3) a table of authorities.\16\ Case and rebuttal briefs should be
filed electronically via ACCESS. Note that Commerce has temporarily
modified certain of its requirements for serving documents containing
business proprietary information, until further notice.\17\
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\14\ See 19 CFR 351.309(c)(1)(ii).
\15\ See 19 CFR 351.309(d)(1) and (2); see also Temporary Rule
Modifying AD/CVD Service Requirements Due to COVID-19, 85 FR 17006,
17007 (March 26, 2020) (``To provide adequate time for release of
case briefs via ACCESS, E&C intends to schedule the due date for all
rebuttal briefs to be 7 days after case briefs are filed (while
these modifications remain in effect).'')
\16\ See 19 CFR 351.309(c)(2) and (d)(2).
\17\ 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 must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. An electronically-filed document must be received successfully
in its entirety by ACCESS by 5 p.m. Eastern Time within 30 days after
the date of publication of this notice.\18\ Hearing requests should
contain: (1) the party's name, address, and telephone number; (2) the
number of participants; (3) whether any participant is a foreign
national, and (4) a list of issues to be discussed. Issues raised in
the hearing will be limited to issues raised in the briefs. If a
request for a hearing is made, Commerce intends to hold the hearing at
a time and date to be determined.\19\
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\18\ See 19 CFR 351.310(c).
\19\ Id.
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Commerce intends to issue the final results of this administrative
review, including the results of its analysis raised in any written
briefs, no later than 120 days after the publication of these
preliminary results in the Federal Register, unless this deadline is
otherwise extended.\20\
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\20\ See section 751(a)(3)(A) of the Act; see also 19 CFR
351.213(h).
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Assessment Rates
Upon completion of this administrative review, Commerce shall
determine and U.S. Customs and Border Protection (CBP) shall assess
antidumping duties on all appropriate entries for the 2019-2020 POR and
the 2020-2021 POR, at the applicable ad valorem assessments rates
listed for the corresponding review period. If Al Jazeera's weighted-
average dumping margin is not zero or de minimis (i.e., less than 0.50
percent) in the final results of this review, we will calculate
importer-specific ad valorem assessment rates on the basis of the ratio
of the total amount of dumping calculated for an importer's examined
sales and the total entered value of such sales in accordance with 19
CFR 351.212(b)(1). Where either the respondent's weighted-average
dumping margin is zero or de minimis within the meaning of 19 CFR
351.106(c), 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.
Commerce clarified its ``automatic assessment'' regulation on May
6, 2003.\21\ This clarification applies to entries of subject
merchandise during the 2019-2020 POR and the 2020-2021 POR produced by
Al Jazeera for which it did not know its merchandise 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. For the
companies which were not selected for individual examination in the
2020-2021 POR, we intend to assign an assessment rate based on the
methodology described in the ``Rate for Non-Examined Companies''
section above.
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\21\ For a full discussion of this clarification, see
Antidumping and Countervailing Duty Proceedings: Assessment of
Antidumping Duties, 68 FR 23954 (May 6, 2003).
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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. 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
[[Page 79867]]
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 subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the date of publication 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 each company
listed above will be equal to the weighted-average dumping margin
established in the final results of this review for the 2020-2021 POR,
except, if that rate is de minimis, then the cash deposit rate will be
zero; (2) for previously reviewed or investigated companies not listed
in the final results of 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 another completed segment of this
proceeding, but the producer is, then the cash deposit rate will be the
rate established for the most recently completed segment of this
proceeding for the producer of the merchandise; and (4) if neither the
exporter nor the producer is a firm covered in this or any previously
completed segment of this proceeding, then the cash deposit rate will
be the all-others rate of 7.36 percent that was established in the LTFV
investigation.\22\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\22\ See Order, 81 FR at 91908.
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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 antidumping duties prior to liquidation
of the relevant entries during the 2019-2020 POR and the 2020-2021 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.
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 351.213 and
351.221(b)(4).
Dated: December 20, 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. Companies Not Selected For Individual Examination
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2022-28172 Filed 12-27-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on December 28, 2022.
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