Notice2024-20749
Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe From Ukraine: Preliminary Results of Antidumping Duty Administrative Review; 2022-2023
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 13, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that the sole respondent under review sold subject merchandise at less than normal value during the period of review (POR) August 1, 2022, through July 31, 2023. We invite interested parties to comment on the preliminary results of this review.
Full Text
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<title>Federal Register, Volume 89 Issue 178 (Friday, September 13, 2024)</title>
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[Federal Register Volume 89, Number 178 (Friday, September 13, 2024)]
[Notices]
[Pages 74919-74921]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-20749]
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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; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that the sole respondent under review sold subject
merchandise at less than normal value during the period of review (POR)
August 1, 2022, through July 31, 2023. We invite interested parties to
comment on the preliminary results of this review.
DATES: Applicable September 13, 2024.
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
On August 23, 2021, Commerce published the antidumping duty (AD)
order on seamless carbon and alloy steel standard, line, and pressure
pipe (seamless pipe) from Ukraine.\1\ On August 2, 2023, Commerce
notified interested parties of the opportunity to request an
administrative review of the Order covering the POR.\2\
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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, 88 FR 50840 (August 2,
2023).
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On October 18, 2023, based on a timely request for review,\3\
Commerce initiated an administrative review of the Order with respect
to Interpipe.\4\ On
[[Page 74920]]
April 18, 2024, Commerce extended the deadline for issuing the
preliminary results of this review until August 30, 2024, 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).\5\ On July 22, 2024, Commerce tolled
certain deadlines in this administrative proceeding by seven days.\6\
The deadline for these preliminary results are now September 6, 2024.
For a complete description of the events that occurred subsequent to
initiation of the review, see the Preliminary Decision Memorandum.
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\3\ See Interpipe's Letter, ``Request for Review--2022-2023
Antidumping Duty Administrative Review Period,'' dated August 31,
2023.
\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 71829 (October 18, 2023). Interpipe
refers to the collapsed entity, Interpipe Ukraine LLC, PJSC
Interpipe Niznedneprovsky Tube Rolling Plant, LLC Interpipe Niko
Tube, Interpipe Europe S.A., and JSC Interpipe Novomoskovsk Pipe
Production Plant. See Memorandum, ``Decision Memorandum for
Preliminary Results of the 2022-2023 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)
\5\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated April 18,
2024.
\6\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
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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 methodology underlying these
preliminary results, 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 firm listed below for the period August 1, 2022, through
July 31, 2023:
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Weighted-average
Producer and/or exporter dumping margin
(percent)
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Interpipe Ukraine LLC/PJSC Interpipe 2.89
Niznedneprovsky Tube Rolling Plant/LLC Interpipe
Niko Tube/Interpipe Europe S.A./JSC Interpipe
Novomoskovsk Pipe Production Plant................
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Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties for these preliminary results of review
within five days of any public announcement or, if there is no public
announcement, 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
Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit
case briefs to Commerce via ACCESS no later than 30 days after the date
of publication of these preliminary results of review in the Federal
Register.\7\ Rebuttal briefs, limited to issues raised in the case
briefs, may be filed in ACCESS not later than five days after the date
for filing case briefs.\8\ Interested parties who submit case briefs or
rebuttal briefs in this proceeding must submit: (1) a table of contents
listing each issue; and (2) 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); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
\9\ See 19 CFR 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\10\ Further,
we request that interested parties limit their executive summary of
each issue to no more than 450 words, not including citations. We
intend to use the executive summaries as the basis of the comment
summaries included in the issues and decision memorandum that will
accompany the final results in this administrative review. We request
that interested parties include footnotes for relevant citations in the
executive summary of each issue. Note that Commerce has amended certain
of its requirements pertaining to the service of documents in 19 CFR
351.303(f).\11\
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\10\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\11\ See APO and Service Final Rule.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request for a hearing to the
Assistant Secretary for Enforcement and Compliance, filed
electronically via ACCESS, by no later than 5 p.m. Eastern Time within
30 days after the date of publication of this notice in the Federal
Register. Hearing requests should contain: (1) the party's name,
address, and telephone number; (2) the number of persons from the party
attending the hearing; and (3) a list of issues to be discussed. Issues
raised in the hearing will be limited to those issues raised in the
respective case 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 5:00 p.m. Eastern Time on the due
date.\12\ Note that Commerce has amended certain of its requirements
pertaining to the service of documents in section 351.303(f) of our
regulations.\13\
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\12\ See 19 CFR 351.310(c).
\13\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings; Final
Rule, 88 FR 67069 (September 29, 2023).
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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 written 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.
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Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR
351.212(b)(1), 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 of subject
merchandise covered by this review.\14\ 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.\15\ 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.\16\
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\14\ See 19 CFR 351.212(b)(1).
\15\ Id.
\16\ 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,
for entries of subject merchandise during the POR produced by Interpipe
for which it did not know was destined for the United States, we intend
to instruct CBP to liquidate those entries at the all-others rate
(i.e., 23.75 percent) \17\ in the original less-than-fair-value (LTFV)
investigation if there is no rate for the intermediate company(ies)
involved in the transaction.\18\
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\17\ See Order, 86 FR at 35273.
\18\ 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, Commerce 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 producers or exporters
not covered in this review but that were previously reviewed or
investigated in a prior segment of this proceeding, 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 producer or
exporter 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.\19\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\19\ See Order, 86 FR at 35272.
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Notification to Importers
This notice 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: September 6, 2024.
Abdelali Elouaradia,
Deputy 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. 2024-20749 Filed 9-12-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on September 13, 2024.
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