Notice2023-12767
Circular Welded Carbon-Quality Steel Pipe From the Sultanate of Oman: Final Results of Antidumping Duty Administrative Reviews; Deferred 2019-2020 Period and Concurrent 2020-2021 Period
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Published
June 15, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines 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 periods of review (POR), December 1, 2019, through November 30, 2020, and December 1, 2020, through November 30, 2021.
Full Text
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<title>Federal Register, Volume 88 Issue 115 (Thursday, June 15, 2023)</title>
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[Federal Register Volume 88, Number 115 (Thursday, June 15, 2023)]
[Notices]
[Pages 39227-39229]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-12767]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-523-812]
Circular Welded Carbon-Quality Steel Pipe From the Sultanate of
Oman: Final Results of Antidumping Duty Administrative Reviews;
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) determines 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 periods of review (POR), December 1, 2019, through
November 30, 2020, and December 1, 2020, through November 30, 2021.
DATES: Applicable June 15, 2023.
FOR FURTHER INFORMATION CONTACT: 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) 482-5973.
SUPPLEMENTARY INFORMATION:
Background
On December 28, 2022, Commerce published the Preliminary Results of
the deferred 2019-2020 administrative review and the concurrent 2020-
2021 administrative review of the antidumping duty order on CWP from
Oman.\1\ We invited interested parties to
[[Page 39228]]
comment on the Preliminary Results.\2\ On April 20, 2023, we extended
the deadline for the final results of these reviews until June 8,
2023.\3\ The administrative review for the 2019-2020 POR covers Al
Jazeera Steel Products Co. SAOG (Al Jazeera).\4\ The administrative
review for the 2020-2021 POR covers four exporters/producers,\5\ of
which we selected Al Jazeera as the mandatory respondent.\6\ For a
summary of the events that occurred since the Preliminary Results, see
the Issues and Decision Memorandum.\7\ Commerce conducted these reviews
in accordance with section 751(a) of the Tariff Act of 1930, as amended
(the Act).
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\1\ See 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, 87 FR 79865 (December 28, 2022) (Preliminary
Results), and accompanying Preliminary Decision Memorandum (PDM).
\2\ See Preliminary Results, 87 FR at 79865.
\3\ See Memorandum, ``Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,'' dated April 20, 2023.
\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 6487 (February 4, 2022) (Initiation
Notice) at fn. 6.
\5\ The four companies are: Al Jazeera; 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 Notice.
\6\ See Preliminary Results, 87 FR at 79865.
\7\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Deferred 2019-2020 and Concurrent 2020-2021
Antidumping Duty Administrative Review: Circular Welded Carbon-
Quality Steel Pipe from the Sultanate of Oman,'' dated concurrently
with, and hereby adopted by, this notice (Issues and Decision
Memorandum).
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Scope of the Order \8\
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\8\ 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 CWP from Oman. For a
complete description of the scope of the Order, see the Issues and
Decision Memorandum.
Analysis of Comments Received
All issues raised by parties in the case and rebuttal briefs are
addressed in the Issues and Decision Memorandum. A list of the issues
addressed in the Issues and Decision Memorandum is 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="https://access.trade/gov/public/FRNoticesListLayout.aspx">https://access.trade/gov/public/FRNoticesListLayout.aspx</a>.
Changes Since the Preliminary Results
Commerce received no comments and made no changes to the
Preliminary Results for the 2019-2020 POR. Based on a review of the
record and comments received from interested parties regarding our
Preliminary Results for the 2020-2021 POR, we made certain changes to
the preliminary weighted-average dumping margin calculations for Al
Jazeera for the 2020-2021 POR.\9\ As a result of these changes, the
preliminary weighted-average dumping margin also changes for the
companies subject to this review, but not selected for individual
examination.
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\9\ See Issues and Decision Memorandum.
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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 less-
than-fair-value (LTFV) investigation, for guidance when calculating 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 rates that
are zero, de minimis (i.e., less than 0.5 percent), or determined
entirely on the basis of facts available.
No companies other than Al Jazeera remain under review for the
2019-2020 POR.\10\ For the 2020-2021 POR, we calculated a weighted-
average dumping margin for Al Jazeera that is not zero, de minimis, or
determined entirely on the basis of facts available. Accordingly,
Commerce has assigned to companies not individually examined for the
2020-2021 POR a margin of 2.31 percent, which is Al Jazeera's
calculated weighted-average dumping margin for the 2020-2021 POR.
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\10\ On March 9, 2021, Commerce published the rescission of the
administrative review for the 2019-2020 POR with respect to Al
Samna, Bollore Logistics, and Transworld Shipping. See Circular
Welded Carbon-Quality Steel Pipe from Oman: Rescission of
Antidumping Duty Administrative Review; 2019-2020, 86 FR 13525
(March 9, 2021).
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Final Results of Review
Commerce 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
dumping margin for
Weighted-average dumping margin for December 1, 2020
Exporter/producer December 1, 2019 to November 30, 2020 POR to November 30,
(percent) 2021 POR
(percent)
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Al Jazeera Steel Products Co. SAOG............. 4.61....................................... 2.31
Al Samna Metal Manufacturing & Trading Company Not Applicable............................. 2.31
LLC \11\.
Bollore Logistics (Oman) LLC \12\.............. Not Applicable............................. 2.31
Transworld Shipping Trading & Logistics Not Applicable............................. 2.31
Services LLC \13\.
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Disclosure
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\11\ Commerce rescinded the administrative review for the 2019-
2020 POR for this company. See Preliminary Results, 87 FR at 79865,
at fn. 2.
\12\ Id.
\13\ Id.
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We intend to disclose the calculations performed for these final
results of review to interested parties within five days of the date of
publication of this notice 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)(1), Commerce has determined, and U.S. Customs and Border
Protection (CBP)
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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. Pursuant
to 19 CFR 351.212(b)(1), because Al Jazeera reported the entered value
of its U.S. sales, 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 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'' practice will apply 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 that the 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.\14\
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\14\ 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 which were not selected for individual
examination for the 2020-2021 POR, we will instruct CBP to assess
antidumping duties at a rate equal to the weighted-average dumping
margin determined for the non-examined companies. Commerce intends to
issue assessment instructions to CBP no earlier than 35 days after the
date of publication of the final results of these reviews 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 subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the date of publication of the final
results of these administrative reviews, as provided by section
751(a)(2) 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 the 2020-2021 review, except, if that rate is
de minimis, then the cash deposit rate will be zero; (2) for previously
reviewed or investigated 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; (3) if the
exporter is not a firm covered in this review or the original LTFV
investigation, 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.\15\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\15\ See Order, 81 FR at 91908.
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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 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.
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
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 351.213(h) and
19 CFR 351.221(b)(5).
Dated: June 8, 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 Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether Commerce Should Weight-Average and Match Al
Jazeera's Home Market Sales to U.S. Sales by Month Instead of
Quarter
Comment 2: Whether Commerce Properly Applied the Cost Recovery
Test
VI. Recommendation
[FR Doc. 2023-12767 Filed 6-14-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on June 15, 2023.
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