Notice2023-19334
Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe From Ukraine: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022
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
September 7, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that the respondent under review sold seamless carbon and alloy steel standard, line, and pressure pipe (seamless pipe) from Ukraine at less than normal value during the period February 10, 2021, through July 31, 2022 (the period of review or POR). We invite interested parties to comment on the preliminary results of this review.
Full Text
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<title>Federal Register, Volume 88 Issue 172 (Thursday, September 7, 2023)</title>
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[Federal Register Volume 88, Number 172 (Thursday, September 7, 2023)]
[Notices]
[Pages 61503-61504]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-19334]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-823-819]
Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe
From Ukraine: Preliminary Results of Antidumping Duty Administrative
Review; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that the respondent under review sold seamless carbon and
alloy steel standard, line, and pressure pipe (seamless pipe) from
Ukraine at less than normal value during the period February 10, 2021,
through July 31, 2022 (the period of review or POR). We invite
interested parties to comment on the preliminary results of this
review.
DATES: Applicable September 7, 2023.
FOR FURTHER INFORMATION CONTACT: Reginald Anadio, AD/CVD Operations,
Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3166.
SUPPLEMENTARY INFORMATION:
Background
After publishing the antidumping duty order on seamless pipe from
Ukraine in the Federal Register,\1\ on August 2, 2022, Commerce
notified interested parties of the opportunity to request an
administrative review of the Order covering the POR.\2\ On October 11,
2022, based on a timely request for review,\3\ Commerce initiated an
administrative review of the Order \4\ with respect to Interpipe.\5\
The petitioner, a domestic producer of seamless pipe, is: Vallourec
Star, L.P. On April 27, 2023, Commerce extended the deadline for
issuing the preliminary results of this review until August 31, 2023,
in accordance with section 751(a)(3)(A) of the Tariff Act of 1930, as
amended (the Act) and 19 CFR 351.213(h)(2).\6\ For details regarding
the events that occurred subsequent to initiation of the review, see
the Preliminary Decision Memorandum.
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\1\ See Seamless Carbon and Alloy Steel Standard, Line, and
Pressure Pipe from the Republic of Korea, the Russian Federation,
and Ukraine: Antidumping Duty Orders, 86 FR 47055 (August 23, 2021)
(Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review and Join Annual Inquiry Service List, 87 FR 47187 (August 2,
2022).
\3\ See Interpipe's Letter, ``Request for Review,'' dated August
31, 2022.
\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 61278 (October 11, 2022).
\5\ Interpipe refers to the collapsed entity, Interpipe Ukraine
LLC (Interpipe Ukraine), PJSC Interpipe Niznedneprovsky Tube Rolling
Plant (Interpipe NTRP), LLC Interpipe Niko Tube (Interpipe Niko
Tube) and Interpipe Europe S.A. (Interpipe Europe). See Memorandum,
``Decision Memorandum for Preliminary Results of the 2021-2022
Administrative Review of the Antidumping Duty Order on Seamless
Carbon and Alloy Steel Standard, Line, and Pressure Pipe from
Ukraine,'' dated concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
\6\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated April 27,
2023.
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Scope of the Order
The merchandise covered by the Order is seamless pipe from Ukraine.
For a full description of the scope, see the Preliminary Decision
Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a) of the Act. We calculated constructed export prices in
accordance with section 772 of the Act and normal value in accordance
with section 773 of the Act.
For a full description of the methodologies underlying these
preliminary results of review, see the Preliminary Decision Memorandum.
A list of topics discussed in the Preliminary Decision Memorandum is in
the appendix to this notice. The Preliminary Decision Memorandum is a
public document that 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>.
Preliminary Results of Review
We are assigning the following estimated weighted-average dumping
margin to the companies comprising the Interpipe single entity listed
below for the period February 10, 2021, through July 31, 2022:
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Weighted-
average
Producer and/or exporter dumping
margin
(percent)
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Interpipe Ukraine LLC/PJSC Interpipe Niznedneprovsky Tube 4.99
Rolling Plant LLC/Interpipe Niko Tube/Interpipe Europe S.A.
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Disclosure
Commerce intends to disclose the calculations performed for these
preliminary results under Administrative Protective Order to parties to
the proceeding within five days of the date of publication of this
notice in the Federal Register in accordance with 19 CFR 351.224(b).
Public Comment
Interested parties may comment on the preliminary results of this
review by submitting case briefs to Commerce no later than 30 days
after the date of publication of these preliminary results of review in
the Federal Register.\7\ Interested parties may file rebuttal briefs
with Commerce no later than seven days after case briefs are due.
Interested parties should only respond to arguments raised in case
briefs in their rebuttal briefs.\8\ Parties who submit case or rebuttal
briefs are requested to submit with each brief a table of contents, a
summary of the arguments, not to exceed five pages, and a table of
authorities.\9\
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\7\ See 19 CFR 351.309(c)(1)(ii).
\8\ See 19 CFR 351.309(d).
\9\ See 19 CFR 351.309(c)(2) and (d)(2).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing regarding issues raised in the case and rebuttal
briefs, must submit a written request for a hearing to the Assistant
Secretary for Enforcement and Compliance. Requests for a hearing should
contain: (1) the requesting party's name, address, and telephone
number; (2) the number of individuals from the requesting party that
will attend the hearing and whether any individuals are foreign
nationals; and
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(3) a list of the issues that the party intends to discuss at the
hearing. Oral arguments at the hearing will be limited to issues raised
in the case and rebuttal briefs. If a hearing is requested, Commerce
will announce the date and time of the hearing. Parties should confirm
the date and time of the hearing two days before the scheduled hearing
date.
All submissions to Commerce must be filed electronically via
ACCESS. An electronically filed document must be received successfully
in its entirety via ACCESS by 5 p.m. Eastern Time on the due date.\10\
Note that Commerce has temporarily modified certain of its requirements
for serving documents containing business proprietary information,
until further notice.\11\
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\10\ See 19 CFR 351.310(c).
\11\ 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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Final Results of Review
Commerce intends to issue the final results of this administrative
review, which will include the results of its analysis of issues raised
in any briefs, within 120 days of publication of these preliminary
results of review in the Federal Register, pursuant to section
751(a)(3)(A) of the Act, unless extended.
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 covered by this
review.\12\ If Interpipe's weighted-average dumping margin in the final
results of this review is not zero or de minimis (i.e., greater than or
equal to 0.5 percent), we will calculate importer-specific ad valorem
assessment rates for the merchandise by dividing the total amount of
dumping calculated for all reviewed sales to the importer by the total
entered value of the merchandise sold to the importer.\13\ Where either
Interpipe's ad valorem weighted-average dumping margin is zero or de
minimis, or an importer-specific ad valorem assessment rate is zero or
de minimis in the final results of review, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping
duties.\14\
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\12\ See 19 CFR 351.212(b)(1).
\13\ See 19 CFR 351.212(b)(1).
\14\ See 19 CFR 351.106(c)(2); see also Antidumping Proceedings:
Calculation of the Weighted-Average Dumping Margin and Assessment
Rate in Certain Antidumping Proceedings; Final Modification, 77 FR
8101, 8102 (February 14, 2012) (Final Modification for Reviews).
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In accordance with Commerce's ``automatic assessment'' practice, we
will instruct CBP to liquidate POR entries of subject merchandise which
Interpipe produced and sold but did not know was destined for the
United States, at the all-others rate (i.e., 23.75 percent) \15\ if
there is no rate for the intermediate company(ies) involved in the
transaction.\16\
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\15\ See Order, 86 FR 35272.
\16\ 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 statutory injunction has expired (i.e., within
90 days of publication).
Cash Deposit Requirements
The following cash deposit requirements will be in effect for all
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the date of publication of the notice of
the final results of this administrative review in the Federal
Register, as provided for by section 751(a)(2)(C) of the Act: (1) the
cash deposit rate for Interpipe will be equal to the weighted-average
dumping margin established for Interpipe in the final results of this
administrative 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),
then the cash deposit rate will be zero; (2) for companies that were
previously reviewed or investigated in this proceeding that are not
listed above, the cash deposit rate will continue to be the rate
assigned to the company in the most recently completed segment of this
proceeding in which the company was examined; (3) if the exporter of
the subject merchandise does not have a company-specific rate but the
producer of the subject merchandise does, then the cash deposit rate
will be the rate assigned to the producer of the subject merchandise in
the most recently completed segment of this proceeding in which the
producer was examined; and (4) the cash deposit rate for all other
producers or exporters will continue to be the all-others rate of 23.75
percent that was established in the investigation in this
proceeding.\17\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\17\ See Order, 86 FR at 35272.
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Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f) 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.
Notification to Interested Parties
We are issuing and publishing these preliminary results of review
in accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR
351.213(h)(2) and 351.221(b)(4).
Dated: August 31, 2023.
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. Affiliation/Single Entity
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2023-19334 Filed 9-6-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on September 7, 2023.
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