Circular Welded Carbon-Quality Steel Pipe From the United Arab Emirates: Notice of Court Decision Not in Harmony With the Results of Antidumping Administrative Review; Notice of Amended Final Results

Issuing agencies

Abstract

On August 19, 2026, the U.S. Court of International Trade (CIT) issued its final judgment in Universal Tube & Plastic Indus., Ltd. v. United States, Court No. 23-00113, sustaining the U.S. Department of Commerce (Commerce)'s second remand results pertaining to the administrative review of the antidumping duty (AD) order on circular welded carbon-quality steel pipe (CWP) from the United Arab Emirates (UAE) covering the period December 1, 2020, through November 30, 2021. Commerce is notifying the public that the CIT's final judgment is not in harmony with Commerce's final results of the administrative review, and that Commerce is amending the final results with respect to the dumping margin assigned to Universal Tube and Plastic Industries, Ltd.; THL Tube and Pipe Industries LLC; and KHK Scaffolding and Formwork LLC (collectively, Universal).

Full Text

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<title>Federal Register, Volume 91 Issue 167 (Monday, August 31, 2026)</title>
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[Federal Register Volume 91, Number 167 (Monday, August 31, 2026)]
[Notices]
[Pages 55839-55840]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-17735]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-520-807]


Circular Welded Carbon-Quality Steel Pipe From the United Arab 
Emirates: Notice of Court Decision Not in Harmony With the Results of 
Antidumping Administrative Review; Notice of Amended Final Results

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: On August 19, 2026, the U.S. Court of International Trade 
(CIT) issued its final judgment in Universal Tube & Plastic Indus., 
Ltd. v. United States, Court No. 23-00113, sustaining the U.S. 
Department of Commerce (Commerce)'s second remand results pertaining to 
the administrative review of the antidumping duty (AD) order on 
circular welded carbon-quality steel pipe (CWP) from the United Arab 
Emirates (UAE) covering the period December 1, 2020, through November 
30, 2021. Commerce is notifying the public that the CIT's final 
judgment is not in harmony with Commerce's final results of the 
administrative review, and that Commerce is amending the final results 
with respect to the dumping margin assigned to Universal Tube and 
Plastic Industries, Ltd.; THL Tube and Pipe Industries LLC; and KHK 
Scaffolding and Formwork LLC (collectively, Universal).

DATES: Applicable August 29, 2026.

FOR FURTHER INFORMATION CONTACT: Rebecca Janz, 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) 482-2972.

SUPPLEMENTARY INFORMATION:

Background

    On May 4, 2023, Commerce published its Final Results in the 2020-
2021 AD administrative review of CWP from the UAE, in which Commerce 
calculated a weighted-average dumping margin of 2.63 percent for 
Universal.\1\
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    \1\ See Circular Welded Carbon-Quality Steel Pipe from the 
United Arab Emirates: Final Results of Antidumping Duty 
Administrative Review; 2020-2021, 88 FR 28483 (May 4, 2023) (Final 
Results); see also Circular Welded Carbon-Quality Steel Pipe from 
the United Arab Emirates: Final Results of Antidumping Duty 
Administrative Review, 2020-2021; Correction, 88 FR 30726 (May 12, 
2023) (acknowledging the inadvertent duplicate publication of the 
Final Results in the Federal Register).
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    Universal appealed Commerce's Final Results. On July 24, 2024, the 
CIT remanded the Final Results for Commerce to reconsider or provide 
further explanation why it was reasonable to apply an ``inter-quarter 
comparison'' for purposes of its differential pricing analysis and a 
``same-quarter comparison'' to calculate Universal's costs of 
production.\2\
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    \2\ See Universal Tube & Plastic Indus., Ltd. v. United States, 
717 F. Supp. 3d 1332 (CIT 2024).
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    In its first remand redetermination, issued in September 2024, 
Commerce further explained why it was reasonable to limit comparisons 
of U.S. price to normal value (NV) within the same quarter to calculate 
individual dumping margins and compare U.S. prices between quarters as 
part of the Cohen's d test.\3\
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    \3\ See Final Results of Redetermination Pursuant to Court 
Remand, Universal Tube & Plastic Indus., Ltd. v. United States, Ct. 
No. 23-0011, Slip Op. 24-85, dated September 23, 2024, available at 
<a href="https://access.trade.gov/FinalRemandRedetermination">https://access.trade.gov/FinalRemandRedetermination</a>.

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[[Page 55840]]

    On June 17, 2025, the CIT remanded the case to Commerce to 
reconsider its differential pricing analysis in conformity with the 
U.S. Court of Appeals for the Federal Circuit's (Federal Circuit's) 
opinion in Marmen.\4\
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    \4\ See Universal Tube & Plastic Indus., Ltd. v. United States, 
Court No. 23-00113, Order (June 17, 2025) (citing Marmen Inc. v. 
United States, 134 F.4th 1334 (Fed. Cir. 2025) (Marmen)).
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    In its final remand redetermination, issued in January 2026, 
Commerce applied a revised differential pricing analysis and again 
explained why it was reasonable to limit comparisons of U.S. price to 
NV within the same quarter to calculate individual dumping margins 
while comparing U.S. prices between quarters for the differential 
pricing analysis.\5\ The CIT sustained Commerce's Final Remand 
Redetermination.\6\
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    \5\ See Final Results of Redetermination Pursuant to Court 
Remand, Universal Tube & Plastic Indus., Ltd. v. United States, Ct. 
No. 23-0011, CIT June 17, 2025, dated January 16, 2026 (Final Remand 
Redetermination), available at <a href="https://access.trade.gov/FinalRemandRedetermination">https://access.trade.gov/FinalRemandRedetermination</a>.
    \6\ See Universal Tube & Plastic Indus., Ltd. v. United States, 
Court No. 23-00113, Slip Op. 26-00098 (CIT August 19, 2026).
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Timken Notice

    In its decision in Timken,\7\ as clarified by Diamond Sawblades,\8\ 
the Federal Circuit held that, pursuant to sections 516A(c) and (e) of 
the Tariff Act of 1930, as amended (the Act), Commerce must publish a 
notice of court decision that is not ``in harmony'' with a Commerce 
determination and must suspend liquidation of entries pending a 
``conclusive'' court decision. The CIT's August 19, 2026 judgment 
constitutes a final decision of the CIT that is not in harmony with 
Commerce's Final Results. Thus, this notice is published in fulfillment 
of the publication requirements of Timken.
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    \7\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken).
    \8\ See Diamond Sawblades Mfrs. Coal. v. United States, 626 F.3d 
1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Final Results

    Because there is now a final court judgment, Commerce is amending 
its Final Results with respect to Universal as follows:

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                                     Final results       Amended final
                                   weighted-average    results weighted-
      Producer or exporter          dumping margin      average dumping
                                       (percent)       margin (percent)
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Universal Tube and Plastic                     2.63                3.64
 Industries, Ltd.; THL Tube and
 Pipe Industries LLC; and KHK
 Scaffolding and Formwork LLC...
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Cash Deposit Requirements

    Because Universal has a superseding cash deposit rate, i.e., there 
have been final results published in a subsequent administrative 
review, we will not issue revised cash deposit instructions to U.S. 
Customs and Border Protection (CBP). This notice will not affect the 
current cash deposit rate.

Liquidation of Suspended Entries

    At this time, Commerce remains enjoined by CIT order from 
liquidating entries that: were produced or exported by Universal, and 
were entered, or withdrawn from warehouse, for consumption during the 
period December 1, 2020, through November 30, 2020. These entries will 
remain enjoined pursuant to the terms of the injunction during the 
pendency of any appeals process.
    In the event the CIT's ruling is not appealed, or, if appealed, 
upheld by a final and conclusive court decision, Commerce intends to 
instruct CBP to assess antidumping duties on unliquidated entries of 
subject merchandise produced or exported by Universal in accordance 
with 19 CFR 351.212(b). We will instruct CBP to assess antidumping 
duties on all appropriate entries covered by this review when the 
importer-specific ad valorem assessment rate is not zero or de minimis. 
Where an import-specific ad valorem assessment rate is zero or de 
minimis, we will instruct CBP to liquidate the appropriate entries 
without regard to antidumping duties.\9\
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    \9\ See 19 CFR 351.106(c)(2).
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Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(c) and (e) and 777(i)(1) of the Act.

    Dated: August 26, 2026.
Scot Fullerton,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. 2026-17735 Filed 8-28-26; 8:45 am]
BILLING CODE 3510-DS-P


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