Notice2022-28379
Large Diameter Welded Pipe From Canada: Amended 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
December 29, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is amending the final results of the administrative review of the antidumping duty order on large diameter welded pipe from Canada to correct ministerial errors. The period of review (POR) is May 1, 2020, through April 30, 2021.
Full Text
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<title>Federal Register, Volume 87 Issue 249 (Thursday, December 29, 2022)</title>
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[Federal Register Volume 87, Number 249 (Thursday, December 29, 2022)]
[Notices]
[Pages 80159-80160]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-28379]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-122-863]
Large Diameter Welded Pipe From Canada: Amended 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) is amending the
final results of the administrative review of the antidumping duty
order on large diameter welded pipe from Canada to correct ministerial
errors. The period of review (POR) is May 1, 2020, through April 30,
2021.
DATES: Applicable December 29, 2022.
FOR FURTHER INFORMATION CONTACT: Irene Gorelik or Faris Montgomery, 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)
482-1537, respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 18, 2022, Commerce disclosed its calculations to
interested parties and provided interested parties with the opportunity
to submit ministerial error comments.\1\ On November 23, 2022, Commerce
published its final results of administrative review.\2\ On November
25, 2022, Evraz submitted allegations of ministerial errors in the
Final Results.\3\ No other party made an allegation of ministerial
errors. On November 30, 2022, the American Line Pipe Producers
Association (Domestic Interested Party) rebutted Evraz's ministerial
error allegations.\4\
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\1\ See Memorandum, ``Deadline for Ministerial Error Comments
for the Final Results,'' dated November 18, 2022.
\2\ See Large Diameter Welded Pipe from Canada: Final Results of
Antidumping Duty Administrative Review; 2020-2021, 87 FR 71580
(November 23, 2022) (Final Results), and accompanying Issues and
Decision Memorandum (IDM).
\3\ See Evraz Letter, ``Ministerial Error Comments,'' dated
November 25, 2022 (Ministerial Error Allegations). Commerce extended
the deadline for parties to file ministerial error allegations. See
Commerce's Letter, ``Deadline Extension Request for Submitting
Ministerial Error Allegations,'' dated November 23, 2022.
\4\ See Domestic Interested Party's Letter, ``Response to
Evraz's Ministerial Error Allegation,'' dated November 30, 2022.
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Legal Framework
Section 751(h) of the Tariff Act of 1930, as amended (the Act),
defines a ``ministerial error'' as including ``errors in addition,
subtraction, or other arithmetic function, clerical errors resulting
from inaccurate copying, duplication, or the like, and any other
unintentional error which the administering authority considers
ministerial.'' With respect to final results of administrative reviews,
19 CFR 351.224(e) provides that Commerce ``will analyze any comments
received and, if appropriate, correct any ministerial error by amending
. . . the final results of review . . . .''
Ministerial Errors
We agree with Evraz that Commerce made ministerial errors in the
Final Results within the meaning of section 751(h) of the Act and 19
CFR 351.224(f). In the Final Results, we made certain revisions to the
preliminary results,\5\ including revisions to the general and
administrative (G&A) expense ratio and the scrap cost adjustment. In
its ministerial error comments, Evraz alleged that in revising the
basis of the G&A expense rate, Commerce: (1) double-counted certain
line items in the G&A expense ratio and the cost data file and also;
(2) consequently, double-counted line items which were reported as home
market indirect selling expenses.\6\ Evraz also alleged that Commerce
incorrectly included intra-company transfers in the scrap major input
cost adjustment.\7\
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\5\ See Final Results IDM at 3 and Comments 2, 3, 5, and 6.
\6\ See Ministerial Error Allegations at 1-4.
\7\ Id. at 4-5.
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Commerce determines that it made ministerial errors in the Final
Results pursuant to section 751(h) of the Act and 19 CFR 351.224(f) and
has amended its calculations with regard to the G&A expense rate and
the scrap cost adjustment.
For a complete discussion of the ministerial error allegations, as
well as Commerce's analysis, see the accompanying Ministerial Error
Memorandum.\8\ The Ministerial Error Memorandum is a public document
and is on file electronically via ACCESS. ACCESS is available to
registered users at <a href="https://access.trade.gov">https://access.trade.gov</a>.
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\8\ See Memorandum, ``Administrative Review of the Antidumping
Duty Order on Large Diameter Welded Pipe from Canada; 2020-2021:
Ministerial Error Allegations in the Final Results,'' dated
concurrently with this notice Ministerial Error Memorandum).
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Pursuant to 19 CFR 351.224(e), Commerce is amending the Final
Results to reflect the correction of these ministerial errors in the
calculation of the weighted-average dumping margin assigned to Evraz in
the Final Results, which changes from 36.02 percent to 26.15 percent.
Amended Final Results
As a result of correcting the ministerial errors, Commerce
determines that the following weighted-average dumping margin exists
for the period May 1, 2020, through April 30, 2021:
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\9\ 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.
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Weighted-
average
Exporter or producer dumping
margin
(percent)
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Evraz Inc. NA \9\........................................... 26.15
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Disclosure
We intend to disclose to parties in this proceeding under
administrative protective order, the amended final results calculations
performed within five days after publication of these
[[Page 80160]]
amended final results in the Federal Register, in accordance with 19
CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
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 amended final results of review.
Commerce intends to issue assessment instructions to CBP no earlier
than 41 days after the date of publication of the amended final results
of this review in the Federal Register, in accordance with 19 CFR
356.8(a).
Pursuant to 19 CFR 351.212(b)(1), 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 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'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.\10\
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\10\ 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 will be
equal to the weighted- average dumping margin that is established in
the amended 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 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.\11\
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\11\ See Order.
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These cash deposit requirements, when imposed, shall remain in
effect until further notice.
Notification to Importers
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(h) and 777(i)(1) of the Act, and 19 CFR 351.224(e).
Dated: December 22, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-28379 Filed 12-28-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on December 29, 2022.
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