Notice2023-27356
Large Diameter Welded Pipe From the Republic of Canada: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 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
December 13, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that Evraz Inc. NA, Evraz Inc. NA Canada, and The Canadian National Steel Corporation (collectively, Evraz) and the 36 non-examined companies, for which a review was initiated, made sales of the subject merchandise at prices below normal value (NV), during the period of review (POR) May 1, 2021, through April 30, 2022. We also determine that Forterra Pipe & Precast, Ltd. (Forterra), Hyprescon Inc. (Hyprescon), and Canam Group Inc. (Canam) had no shipments of subject merchandise during the POR.
Full Text
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<title>Federal Register, Volume 88 Issue 238 (Wednesday, December 13, 2023)</title>
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[Federal Register Volume 88, Number 238 (Wednesday, December 13, 2023)]
[Notices]
[Pages 86316-86318]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-27356]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-122-863]
Large Diameter Welded Pipe From the Republic of Canada: Final
Results of Antidumping Duty Administrative Review and Final
Determination of No Shipments; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
Evraz Inc. NA, Evraz Inc. NA Canada, and The Canadian National Steel
Corporation (collectively, Evraz) and the 36 non-examined companies,
for which a review was initiated, made sales of the subject merchandise
at prices below normal value (NV), during the period of review (POR)
May 1, 2021, through April 30, 2022. We also determine that Forterra
Pipe & Precast, Ltd. (Forterra), Hyprescon Inc. (Hyprescon), and Canam
Group Inc. (Canam) had no shipments of subject merchandise during the
POR.
DATES: Applicable December 13, 2023.
FOR FURTHER INFORMATION CONTACT: 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) 482-1537.
SUPPLEMENTARY INFORMATION:
Background
On June 6, 2023, Commerce published the Preliminary Results in the
2021-2022 administrative review of the antidumping duty order on large
diameter welded pipe from Canada and invited interested parties to
comment.\1\ A summary of the events that occurred since publication of
the Preliminary Results, as well as a full discussion of
[[Page 86317]]
the issues raised by parties for these final results, are discussed in
the Issues and Decision Memorandum.\2\ Commerce conducted this
administrative review in accordance with section 751(a)(1)(B) of the
Tariff Act of 1930, as amended (the Act).
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\1\ See Large Diameter Welded Pipe from Canada: Preliminary
Results of Antidumping Duty Administrative Review and Preliminary
Determination of No Shipments; 2021-2022, 88 FR 37011 (June 6, 2023)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum.
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2021-2022 Antidumping Duty Administrative
Review: Large Diameter Welded Pipe from Canada,'' dated concurrently
with, and hereby adopted by, this notice (Issues and Decision
Memorandum).
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Scope of the Order <SUP>3</SUP>
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\3\ See Large Diameter Welded Pipe from Canada: Antidumping Duty
Order, 84 FR 18775 (May 2, 2019) (Order).
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The merchandise covered by the Order is welded carbon and alloy
steel pipe (other than stainless steel pipe), more than 406.4 mm (16
inches) in nominal outside diameter (large diameter welded pipe),
regardless of wall thickness, length, surface finish, grade, end
finish, or stenciling. Imports of the product are currently
classifiable in the Harmonized Tariff Schedule of the United States
(HTSUS) under subheadings 7305.11.1030, 7305.11.1060, 7305.11.5000,
7305.12.1030, 7305.12.1060, 7305.12.5000, 7305.19.1030, 7305.19.1060,
7305.19.5000, 7305.31.4000, 7305.31.6090, 7305.39.1000 and
7305.39.5000. While the HTSUS subheadings are provided for convenience
and customs purposes, the written description of the scope of this
Order is dispositive. For a complete description of the scope of the
Order, see the Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised in parties' case and rebuttal briefs are
addressed in the Issues and Decision Memorandum and are listed in
Appendix I 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
Based on our analysis of the comments received from interested
parties, Commerce made certain changes to the margin calculations for
Evraz. The Issues and Decision Memorandum contains descriptions of
these changes.
Rate for Non-Examined Companies
The statute and Commerce's regulations do not address the
establishment of a weighted-average dumping margin to be determined for
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 an investigation, for guidance when determining 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 or determined
entirely on the basis of facts available.
For these final results of review, we calculated a weighted-average
dumping margin that is not zero, de minimis, or based entirely on facts
available for Evraz, the sole mandatory respondent. Because this is the
only weighted-average dumping margin determined in this review for an
individually examined respondent, we are applying this rate to the non-
examined companies under review consistent with section 735(c)(5)(A) of
the Act.\4\
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\4\ See Appendix II for a list of non-examined companies under
review.
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Determination of No Shipments
As noted in the Preliminary Results, we received no shipment claims
from Forterra, Hyprescon, and Canam and preliminarily determined that
Forterra, Hyprescon, and Canam had no shipments of subject merchandise
during the POR.\5\ We received no comments from interested parties with
respect to these claims. Therefore, because the record indicates that
Forterra, Hyprescon, and Canam had no suspended entries of subject
merchandise to the United States during the POR, we continue to find
that Forterra, Hyprescon, and Canam had no shipments of subject
merchandise during the POR.
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\5\ See Preliminary Results, 88 FR at 37011.
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Final Results of Review
We determine that the following weighted-average dumping margins
exist for the period May 1, 2021, through April 30, 2022:
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Weighted-average
Producer/exporter dumping margin
(percent)
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Evraz Inc. NA; Evraz Inc. NA Canada; The Canadian 9.17
National Steel Corporation.........................
Non-Examined Companies \6\.......................... 9.17
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Disclosure
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\6\ See Appendix II for a list of these companies.
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We intend to disclose the calculations performed for Evraz 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
Commerce has determined, and U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties on all appropriate entries in
this review, in accordance with section 751(a)(2)(C) of the Act and 19
CFR 351.212(b). Commerce intends to issue assessment instructions to
CBP no earlier than 35 days after the date of publication of these
final results 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).
Pursuant to 19 CFR 351.212(b)(1), because Evraz's weighted-average
dumping margin is not zero or de minimis within the meaning of 19 CFR
351.106(c)(1), and Evraz reported the entered value of all 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
[[Page 86318]]
total entered value of those sales. 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.\7\
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\7\ See 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).
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For entries of subject merchandise during the POR produced by Evraz
for which it did not know its merchandise was destined for the United
States, we intend to instruct CBP to liquidate such entries at the all-
others rate (i.e., 12.32 percent) \8\ if there is no rate for the
intermediate company(ies) involved in the transaction.\9\
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\8\ See Order, 84 FR at 18775-76.
\9\ 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, we will instruct CBP to assess antidumping duties at a
rate equal to the weighted-average dumping margin determined for the
non-examined companies in the final results of review.\10\
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\10\ See section 751(a)(2)(C) of the Act.
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For the companies with no shipments, i.e., Forterra, Hyprescon, and
Canam, any suspended entries made under that exporter's case number
(i.e., at that exporter's rate) will be liquidated at the all-others
rate if there is no rate for the intermediate company(ies) involved in
the transaction.
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 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 the companies listed above will
be equal to the weighted-average dumping margin established in the
final results of the review; (2) for subject merchandise exported by a
company not covered in this review but covered in a prior completed
segment of the proceeding, the cash deposit rate will continue to be
the company-specific rate published in the completed segment for the
most recent period; (3) if the exporter is not a firm covered in this
review or the less-than-fair-value (LTFV) investigation, but the
producer is, then the cash deposit rate will be the rate established in
the completed segment for the most recent period for the producer of
the subject merchandise; (4) the cash deposit rate for all other
producers or exporters will continue to be 12.32 percent ad valorem,
the all-others rate established in the LTFV investigation.\11\ These
cash deposit requirements, when imposed, shall remain in effect until
further notice.
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\11\ See Order, 84 FR at 18768.
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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 this POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping 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 violation subject to sanction.
Notification to Interested Parties
We are issuing and publishing these final results of administrative
review in accordance with sections 751(a) and 777(i) of the Act, and 19
CFR 351.221(b)(5).
Dated: December 1, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix I
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: Adjustments to Evraz's General and Administrative
(G&A) Expense Calculation
Comment 2: Treatment of Materials as Co-Products in Evraz's
Scrap Adjustment
Comment 3: Correction of Clerical Errors Generated from Missing
Values
VI. Recommendation
Appendix II
Review-Specific Average Rate Applicable to Companies Not Selected for
Individual Examination
1. Acier Profile SBB Inc.
2. Aciers Lague Steels Inc.
3. Amdor Inc.
4. BPC Services Group
5. Bri-Steel Manufacturing
6. Canada Culvert.
7. Cappco Tubular Products Canada Inc.
8. CFI Metal Inc.
9. Dominion Pipe & Piling
10. Enduro Canada Pipeline Services
11. Fi Oilfield Services Canada
12. Gchem Ltd.
13. Graham Construction
14. Groupe Fordia Inc.
15. Grupo Fordia Inc.
16. Hodgson Custom Rolling
17. Interpipe Inc.
18. K K Recycling Services
19. Kobelt Manufacturing Co.
20. Labrie Environment
21. Les Aciers Sofatec
22. Lorenz Conveying P
23. Lorenz Conveying Products
24. Matrix Manufacturing
25. MBI Produits De Forge
26. Nor Arc
27. Peak Drilling Ltd.
28. Pipe & Piling Sply Ltd.
29. Pipe & Piling Supplies
30. Prudental
31. Prudential
32. Shaw Pipe Protecction
33. Shaw Pipe Protection
34. Tenaris Algoma Tubes Facility
35. Tenaris Prudential
36. Welded Tube of Can Ltd.
[FR Doc. 2023-27356 Filed 12-12-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on December 13, 2023.
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