Notice2023-09422
Circular Welded Carbon-Quality Steel Pipe From the United Arab Emirates: 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
May 4, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that the producers/exporters subject to this administrative review made sales of subject merchandise at prices less than normal value during the period of review (POR), December 1, 2020, through November 30, 2021.
Full Text
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<title>Federal Register, Volume 88 Issue 86 (Thursday, May 4, 2023)</title>
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[Federal Register Volume 88, Number 86 (Thursday, May 4, 2023)]
[Notices]
[Pages 28498-28500]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-09422]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-520-807]
Circular Welded Carbon-Quality Steel Pipe From the United Arab
Emirates: 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
producers/exporters subject to this administrative review made sales of
subject merchandise at prices less than normal value during the period
of review (POR), December 1, 2020, through November 30, 2021.
DATES: Applicable May 4, 2023.
FOR FURTHER INFORMATION CONTACT: Benjamin A. Luberda or Alice
Maldonado, 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
or (202) 482-4682, respectively.
SUPPLEMENTARY INFORMATION:
Background
This review covers five producers/exporters of the subject
merchandise. Commerce selected two mandatory respondents for individual
examination: Ajmal Steel Tubes & Pipes Ind. L.L.C./Ajmal Steel Tubes &
Pipes Ind. L.L.C.-Branch-1 (collectively, Ajmal) \1\ and Universal Tube
and Plastic Industries, Ltd./THL Tube and Pipe Industries LLC/KHK
Scaffolding and Formwork LLC (collectively, Universal).\2\ The
producers/exporters not selected for individual examination are Conares
Metal Supply Limited, TSI Metal Industries L.L.C.,\3\ and K.D.
Industries Inc.
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\1\ We collapsed Ajmal Steel Tubes & Pipes Ind. L.L.C. and Noble
Steel Industries L.L.C. (Noble Steel) together in the final results
of the 2016-2017 administrative review. 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) (CWP from the UAE 2016-2017 Final Results).
Because there is no information on the record of this administrative
review that would lead us to revisit this determination, we continue
to treat these companies as part of a single entity for the purposes
of this administrative review. In the final results of the 2019-2020
administrative review, we found that Ajmal Steel Tubes & Pipes Ind.,
L.L.C.-Branch-1 is the successor-in-interest to Noble Steel. See
Circular Welded Carbon-Quality Steel Pipe from the United Arab
Emirates: Final Results of Antidumping Duty Administrative Review;
2019-2020, 87 FR 41111 (July 11, 2022) (CWP from the UAE 2019-2020
Final Results).
\2\ Commerce previously determined that Universal is a single
entity consisting of the following three producers/exporters of
subject merchandise: Universal Tube and Plastic Industries, Ltd.;
KHK Scaffolding and Formwork LLC; and Universal Tube and Pipe
Industries LLC (UTP). See Circular Welded Carbon-Quality Steel Pipe
from the United Arab Emirates: Affirmative Preliminary Determination
of Sales at Less Than Fair Value and Postponement of Final
Determination, 81 FR 36882 (June 8, 2016), and accompanying
Preliminary Decision Memorandum (PDM), unchanged in 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), and accompanying Issues and Decision Memorandum. Because
there is no information on the record of this administrative review
that would lead us to revisit this determination, we are continuing
to treat these companies as part of a single entity for the purposes
of this administrative review. Additionally, we previously
determined that THL Tube and Pipe Industries LLC is the successor-
in-interest to UTP. See CWP from the UAE 2016-2017 Final Results.
\3\ In the final results of the 2019-2020 administrative review,
we found that TSI Metal Industries L.L.C. is the successor-in-
interest to Tiger Steel Industries L.L.C. See CWP from the UAE 2019-
2020 Final Results.
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On December 28, 2022, Commerce published the Preliminary
Results.\4\ A summary of the events that occurred since Commerce
published the
[[Page 28499]]
Preliminary Results, as well as a full discussion of the issues raised
by interested parties for these final results, may be found in the
Issues and Decision Memorandum.\5\ 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="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\4\ See Circular Welded Carbon-Quality Steel Pipe from the
United Arab Emirates: Preliminary Results of Antidumping Duty
Administrative Review; 2020-2021, 87 FR 79862 (December 28, 2022)
(Preliminary Results), and accompanying PDM, corrected by the
Federal Register in Circular Welded Carbon-Quality Steel Pipe from
the United Arab Emirates: Preliminary Results of Antidumping Duty
Administrative Review; 2020-2021, 88 FR 7404 (February 3, 2023).
\5\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2020-2021 Administrative Review of the
Antidumping Duty Order on Circular Welded Carbon-Quality Steel Pipe
from the United Arab Emirates,'' dated concurrently with, and hereby
adopted by, this notice (Issues and Decision Memorandum).
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Commerce conducted this administrative review in accordance with
section 751 of the Tariff Act of 1930, as amended (the Act).
Scope of the Order <SUP>6</SUP>
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\6\ 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).
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The merchandise subject to the Order is welded carbon-quality steel
pipes and tube, of circular cross-section, with an outside diameter not
more than nominal 16 inches (406.4 mm), regardless of wall thickness,
surface finish, end finish, or industry specification, and generally
known as standard pipe, fence pipe and tube, sprinkler pipe, or
structural pipe (although subject product may also be referred to as
mechanical tubing). The products subject to this Order are currently
classifiable in Harmonized Tariff Schedule of the United States (HTSUS)
statistical reporting numbers 7306.19.1010, 7306.19.1050, 7306.19.5110,
7306.19.5150, 7306.30.1000, 7306.30.5015, 7306.30.5020, 7306.30.5025,
7306.30.5032, 7306.30.5040, 7306.30.5055, 7306.30.5085, 7306.30.5090,
7306.50.1000, 7306.50.5030, 7306.50.5050, and 7306.50.5070. Although
the HTSUS numbers are provided for convenience and for customs
purposes, the written product description remains dispositive.\7\
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\7\ For a complete description of the scope of the Order, see
the Issues and Decision Memorandum.
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Analysis of Comments Received
All issues raised by interested parties to this administrative
review are addressed in the Issues and Decision Memorandum. For a list
of issues raised by parties, see the appendix to this notice.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding the Preliminary Results, we made certain
changes to the preliminary weighted-average dumping margin calculations
for Ajmal, Universal, and the non-examined companies.\8\
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\8\ See the Issues and Decision Memorandum.
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Rate for Non-Examined Companies
The Act and Commerce's regulations do not address the establishment
of a weighted-average dumping margin 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
less-than-fair-value (LTFV) investigation, for guidance when
calculating the weighted-average dumping margin 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 rates that are zero, de
minimis (i.e., less than 0.5 percent), or determined entirely on the
basis of facts available.
For the final results, Commerce calculated weighted-average dumping
margins for Ajmal and Universal that are not zero, de minimis, or based
entirely on facts otherwise available. Accordingly, Commerce has
continued to calculate the rate for companies not selected for
individual examination using a weighted average of the weighted-average
dumping margins calculated for Ajmal and Universal, weighted by each
respondent's publicly-ranged total U.S. sales value.\9\
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\9\ When Commerce's individual examination of respondents is
limited to two respondents, Commerce normally calculates: (A) a
weighted average of the weighted-average dumping margins calculated
for the individually-examined respondents; (B) a simple average of
the weighted-average dumping margins calculated for the
individually-examined respondents; and (C) a weighted average of the
weighted-average dumping margins calculated for the individually-
examined respondents using each company's publicly-ranged U.S. sales
quantities of subject merchandise. Commerce then compares then
compares (B) and (C) to (A) and selects either the (B) or (C) rate
based on the rate closest to (A) as the most appropriate rate for
companies not selected for individual examination, as using the (A)
rate would result in the disclosure of business proprietary
information. See, e.g., Ball Bearings and Parts Thereof from France,
Germany, Italy, Japan, and the United Kingdom: Final Results of
Antidumping Duty Administrative Reviews, Final Results of Changed-
Circumstances Review, and Revocation of an Order in Part, 75 FR
53661, 53663 (September 1, 2010). In this review, Commerce based the
rate for companies not selected for individual examination on the
publicly-ranged sales data of the mandatory respondents. For an
analysis of the data, see Memorandum, ``Calculation of the Non-
Selected Companies Rate for the Final Results,'' dated concurrently
with this notice.
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Final Results of Review
We calculated the following weighted-average dumping margins for
the companies listed below for the period December 1, 2020, through
November 30, 2021:
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Weighted-
average
Exporter and/or producer dumping margin
(percent)
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Ajmal Steel Tubes & Pipes Ind. L.L.C./Ajmal Steel Tubes 5.06
& Pipes Ind. L.L.C.-Branch-1...........................
Universal Tube and Plastic Industries, Ltd./THL Tube and 2.63
Pipe Industries LLC/KHK Scaffolding and Formwork LLC...
Conares Metal Supply Limited............................ 3.63
TSI Metal Industries L.L.C.............................. 3.63
K.D. Industries Inc..................................... 3.63
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Disclosure
We intend to disclose the calculations performed within five days
of the date of publication of this notice to parties in this
proceeding, 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)(1), 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 the final results of
this review.
Pursuant to 19 CFR 351.212(b)(1), because Ajmal and Universal
reported the entered value of their U.S. sales, we calculated importer-
specific ad valorem duty assessment rates for antidumping duties based
on the ratio of the total amount of dumping calculated for the examined
sales to each importer to the total entered value of those sales. Where
an importer-specific assessment rate is de minimis (i.e., less than 0.5
percent), the entries by that importer will be liquidated without
regard to antidumping duties.
Commerce's ``automatic assessment'' will apply to entries of
subject merchandise during the POR produced or exported by Ajmal or
Universal for which the company did not know that the merchandise they
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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For the companies that were not selected for individual review, the
assessment rate for antidumping duties will be equal to the weighted-
average dumping margin determined in these final results.
We intend 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 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 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 each company
listed above will be that established in the 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
companies not subject to this review, the cash deposit 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 a previous segment, but the producer is, then the
cash deposit rate will be the rate established for the most recent
segment for the producer of the merchandise; and (4) the cash deposit
rate for all other producers or exporters will continue to be 5.95
percent, the all-others rate established in the LTFV investigation.\11\
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\11\ 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, 91908 (December 19, 2016).
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These cash deposit requirements, when imposed, shall remain in
effect until further notice.
Notification to Importers
This notice 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 this review period. 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 serves as the only reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the disposition 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 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) of the Act.
Dated: April 27, 2023.
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 From the Preliminary Results
V. Discussion of the Issues
Comment 1: Differential Pricing Analysis
Comment 2: Treatment of Section 232 Duties
Comment 3: Selection of the Correct Universes of Sales for Ajmal
for the Period of Review (POR)
Comment 4: Calculation of Universal's Imputed Credit Expense for
U.S. Sales
Comment 5: Application of Partial Adverse Facts Available (AFA)
for Universal's Reported Freight Revenue on U.S. Sales
VI. Recommendation
[FR Doc. 2023-09422 Filed 5-3-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on May 4, 2023.
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