Circular Welded Carbon-Quality Steel Pipe From the United Arab Emirates: Final Determination of Sales at Less Than Fair Value, 75030-75032 [2016-26107]
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75030
Federal Register / Vol. 81, No. 209 / Friday, October 28, 2016 / Notices
following characteristics: Is 32 feet in length
or less; is less than 2.0 inches (50 mm) in
outside diameter; has a galvanized and/or
painted (e.g., polyester coated) surface finish;
or has a threaded and/or coupled end finish.
Standard pipe is ordinarily made to ASTM
specifications A53, A135, and A795, but can
also be made to other specifications.
Structural pipe is made primarily to ASTM
specifications A252 and A500. Standard and
structural pipe may also be produced to
proprietary specifications rather than to
industry specifications.
Sprinkler pipe is designed for sprinkler fire
suppression systems and may be made to
industry specifications such as ASTM A53 or
to proprietary specifications.
Fence tubing is included in the scope
regardless of certification to a specification
listed in the exclusions below, and can also
be made to the ASTM A513 specification.
Products that meet the physical description
set forth above but are made to the following
nominal outside diameter and wall thickness
combinations, which are recognized by the
industry as typical for fence tubing, are
included despite being certified to ASTM
mechanical tubing specifications:
Wall
thickness
in inches
(nominal)
O.D. in
inches
(nominal)
mstockstill on DSK3G9T082PROD with NOTICES
1.315
1.315
1.315
1.315
1.315
1.315
1.315
1.660
1.660
1.660
1.660
1.660
1.900
1.900
1.900
1.900
1.900
1.900
2.375
2.375
2.375
2.375
2.375
2.375
2.375
2.875
2.875
3.500
3.500
4.000
4.000
4.500
.......................
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.......................
.......................
.......................
.......................
.......................
.......................
.......................
.......................
.......................
.......................
.......................
Gage
0.035
0.047
0.055
0.065
0.072
0.083
0.095
0.055
0.065
0.083
0.095
0.109
0.047
0.055
0.065
0.072
0.095
0.109
0.047
0.055
0.065
0.072
0.095
0.109
0.120
0.109
0.165
0.109
0.165
0.148
0.165
0.203
20
18
17
16
15
14
13
17
16
14
13
12
18
17
16
15
13
12
18
17
16
15
13
12
11
12
8
12
8
9
8
7
The scope of this investigation does not
include:
(a) Pipe suitable for use in boilers,
superheaters, heat exchangers, refining
furnaces and feedwater heaters, whether or
not cold drawn, which are defined by
standards such as ASTM A178 or ASTM
A192;
(b) finished electrical conduit, i.e.,
Electrical Rigid Steel Conduit (also known as
VerDate Sep<11>2014
18:12 Oct 27, 2016
Jkt 241001
Electrical Rigid Metal Conduit and Electrical
Rigid Metal Steel Conduit), Finished
Electrical Metallic Tubing, and Electrical
Intermediate Metal Conduit, which are
defined by specifications such as American
National Standard (ANSI) C80.1–2005, ANSI
C80.3–2005, or ANSI C80.6–2005, and
Underwriters Laboratories Inc. (UL) UL–6,
UL–797, or UL–1242;
(c) finished scaffolding, i.e., component
parts of final, finished scaffolding that enter
the United States unassembled as a ‘‘kit.’’ A
kit is understood to mean a packaged
combination of component parts that
contains, at the time of importation, all of the
necessary component parts to fully assemble
final, finished scaffolding;
(d) tube and pipe hollows for redrawing;
(e) oil country tubular goods produced to
API specifications;
(f) line pipe produced to only API
specifications, such as API 5L, and not multistenciled; and
(g) mechanical tubing, whether or not colddrawn, other than what is included in the
above paragraphs.
The products subject to this investigation
are currently classifiable in Harmonized
Tariff Schedule of the United States (HTSUS)
statistical reporting numbers 7306.19.1010,
7306.19.1050, 7306.19.5110, 7306.19.5150,
7306.30.1000, 7306.30.5015, 7306.30.5020,
7306.30.5025, 7306.30.5032, 7306.30.5040,
7306.30.5055, 7306.30.5085, 7306.30.5090,
7306.50.1000, 7306.50.5030, 7306.50.5050,
and 7306.50.5070. The HTSUS subheadings
above are provided for convenience and U.S.
Customs purposes only. The written
description of the scope of the investigation
is dispositive.
[FR Doc. 2016–26113 Filed 10–27–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–520–807]
Circular Welded Carbon-Quality Steel
Pipe From the United Arab Emirates:
Final Determination of Sales at Less
Than Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce
SUMMARY: The Department of Commerce
(the Department) determines that
circular welded carbon-quality steel
pipe (CWP) from the United Arab
Emirates (UAE) is being, or is likely to
be, sold in the United States at less than
fair value (LTFV). The period of
investigation (POI) is October 1, 2014,
through September 30, 2015. The final
dumping margins of sales at LTFV are
listed below in the ‘‘Final
Determination’’ section of this notice.
DATES: Effective October 28, 2016.
FOR FURTHER INFORMATION CONTACT:
Blaine Wiltse or Manuel Rey, AD/CVD
AGENCY:
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
Operations, Office II, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–6345 and (202) 482–5518,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 8, 2016, the Department
published the Preliminary
Determination.1 A summary of the
events that occurred since the
Department published the Preliminary
Determination, as well as a full
discussion of the issues raised by parties
for this final determination, may be
found in the Issues and Decision
Memorandum, which is hereby adopted
by this notice.2
Scope of the Investigation
The scope of the investigation covers
CWP from the UAE. For a complete
description of the scope of the
investigation, see Appendix I.
Scope Comments
In the Preliminary Determination, the
Department set aside a period of time
for parties to address scope issues in
case briefs or other written comments
on scope issues. No interested parties
submitted scope comments in case or
rebuttal briefs; therefore, for this final
determination, the scope of this
investigation remains unchanged from
that published in the Preliminary
Determination.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties in this
investigation are addressed in the Issues
and Decision Memorandum. A list of
the issues raised is attached to this
notice as Appendix II. 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 https://
access.trade.gov and it is available to all
parties in the Central Records Unit,
1 See Circular Welded Carbon-Quality Steel Pipe
From the United Arab Emirates: Affirmative
Preliminary Determination of Sales at Less Than
Fair Value and Postponement of Final
Determination, 81 FR 36881 (June 8, 2016)
(Preliminary Determination).
2 See Memorandum to Ronald K. Lorentzen,
‘‘Issues and Decision Memorandum for the Final
Affirmative Determination in the Less-Than-FairValue Investigation of Circular Welded CarbonQuality Steel Pipe From the United Arab Emirates,’’
dated concurrently with this notice (Issues and
Decision Memorandum).
E:\FR\FM\28OCN1.SGM
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Federal Register / Vol. 81, No. 209 / Friday, October 28, 2016 / Notices
room B–8024 of the main Department of
Commerce building. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed and
electronic versions of the Issues and
Decision Memorandum are identical in
content.
Verification
As provided in section 782(i) of the
Tariff Act of 1930, as amended (the Act),
in June, July, and August 2016, we
conducted verification of the sales and
cost information submitted by Ajmal
Steel Tubes & Pipes Ind. L.L.C. (Ajmal
Steel) and Universal Tube and Plastic
Industries, LLC—Jebel Ali Branch,
Universal Tube and Pipe Industries, and
KHK Scaffolding and Framework LLC
(collectively, Universal) for use in our
final determination. We used standard
verification procedures, including an
examination of relevant accounting and
production records, and original source
documents provided by Ajmal Steel and
Universal.3
mstockstill on DSK3G9T082PROD with NOTICES
Changes Since the Preliminary
Determination
Based on our analysis of the
comments received and our findings at
verification, we made certain changes to
the margin calculations for Ajmal Steel
and Universal. For a discussion of these
changes, see the Issues and Decision
Memorandum.
3 For discussion of our verification findings, see
the following memoranda: Memorandum to the File
from Blaine Wiltse and Whitley Herndon, entitled
‘‘Verification of UTP Pipe USA Corp. and Prime
Metal Corp. in the Antidumping Duty Investigation
of Circular Welded Carbon-Quality Steel Pipe from
the United Arab Emirates,’’ dated August 17, 2016;
see also Memorandum to the File from Blaine
Wiltse and E. Whitley Herndon, entitled
‘‘Verification of the Sales Response of Universal
Tube and Plastic Industries, Ltd.—Jebel Ali Branch
in the Antidumping Investigation of Circular
Welded Carbon Steel Pipe from United Arab
Emirates,’’ dated August 16, 2016; Memorandum to
the File from Blaine Wiltse and E. Whitley
Herndon, entitled ‘‘Verification of the Sales
Response of Dayal Steel Suppliers LLC in the
Antidumping Investigation of Circular Welded
Carbon Steel Pipe from the United Arab Emirates,’’
dated August 22, 2016; Memorandum to the File
from Dennis McClure and Manuel Rey, entitled
‘‘Verification of the Sales Response of Ajmal Steel
Tubes & Pipes Ind. L.L.C. in the Antidumping
Investigation of Circular Welded Carbon-Quality
Steel Pipe from the United Arab Emirates,’’ dated
August 22, 2016; Memorandum to the File from
Michael Martin and Christopher Zimpo, entitled
‘‘Verification of the Cost Response of Universal in
the Antidumping Duty Investigation of Circular
Welded Carbon-Quality Steel Pipe from the United
Arab Emirates,’’ dated August 24, 2016; and
Memorandum to the File from Christopher J.
Zimpo, entitled ‘‘Verification of the Cost Response
of Ajmal Steel Tubes & Pipes Ind. L.L.C. in the
Antidumping Duty Investigation of Circular Welded
Carbon Steel Pipe from the United Arab Emirates,’’
dated August 25, 2016.
VerDate Sep<11>2014
18:12 Oct 27, 2016
Jkt 241001
All-Others Rate
Section 735(c)(5)(A) of the Act
provides that the estimated all-others
rate shall be an amount equal to the
weighted-average of the estimated
weighted-average dumping margins
established for exporters and producers
individually investigated excluding any
zero or de minimis margins, and
margins determined entirely under
section 776 of the Act. For the final
determination, the Department
calculated the ‘‘all others’’ rate based on
a weighted average of Ajmal Steel’s and
Universal’s margins using publiclyranged quantities of their sales of
subject merchandise.4
75031
CWP from UAE, as described in
Appendix I of this notice, which were
entered, or withdrawn from warehouse,
for consumption on or after June 8,
2016, the date of publication of the
preliminary determination of this
investigation in the Federal Register.
Further, the Department will instruct
CBP to require a cash deposit equal to
the estimated amount by which the
normal value exceeds the U.S. price as
shown above.
International Trade Comission (ITC)
Notification
In accordance with section 735(d) of
the Act, we will notify the ITC of the
final affirmative determination of sales
Final Determination
at LTFV. Because the final
determination in this proceeding is
The final weighted-average dumping
affirmative, in accordance with section
margins are as follows:
735(b)(2) of the Act, the ITC will make
Weighted- its final determination as to whether the
average
domestic industry in the United States
Exporter/Manufacturer
dumping
is materially injured, or threatened with
margin
material injury, by reason of imports of
(percent)
CWP from UAE no later than 45 days
Ajmal Steel Tubes & Pipes Ind.
after our final determination. If the ITC
L.L.C. .......................................
6.43 determines that material injury or threat
Universal Tube and Plastic Inof material injury does not exist, the
dustries, LLC—Jebel Ali
proceeding will be terminated and all
Branch, Universal Tube and
cash deposits will be refunded. If the
Pipe Industries, and KHK
ITC determines that such injury does
Scaffolding and Framework
LLC ..........................................
5.58 exist, the Department will issue an
All Others ....................................
5.95 antidumping duty order directing CBP
to assess, upon further instruction by
the Department, antidumping duties on
Disclosure
all imports of the subject merchandise
We will disclose the calculations
entered, or withdrawn from warehouse,
performed within five days of the date
for consumption on or after the effective
of publication of this notice to parties in
date of the suspension of liquidation.
this proceeding in accordance with 19
Notification Regarding Administrative
CFR 351.224(b).
Protective Orders (APO)
Continuation of Suspension of
This notice serves as a reminder to
Liquidation
parties subject to APO of their
In accordance with section
responsibility concerning the
735(c)(1)(B) of the Act, the Department
disposition of proprietary information
will instruct U.S. Customs and Border
Protection (CBP) to continue to suspend disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
liquidation of all appropriate entries of
notification of the return or destruction
of APO materials, or conversion to
4 See Memorandum to the File from Whitley
judicial protective order, is hereby
Herndon, Analyst, entitled, ‘‘Circular Welded
Carbon-Quality Steel Pipe From the United Arab
requested. Failure to comply with the
Emirates: Calculation of the Final Margin for All
regulations and the terms of an APO is
Other Companies,’’ dated July 14, 2016. With two
a sanctionable violation.
respondents, we normally calculate (A) a weightedThis determination and this notice are
average of the dumping margins calculated for the
mandatory respondents; (B) a simple average of the
issued and published pursuant to
dumping margins calculated for the mandatory
sections 735(d) and 777(i)(1) of the Act.
respondents; and (C) a weighted-average of the
dumping margins calculated for the mandatory
respondents using each company’s publicly-ranged
values for the merchandise under consideration. We
compare (B) and (C) to (A) and select the rate closest
to (A) as the most appropriate rate for all other
companies. See Ball Bearings and Parts Thereof
From France, Germany, Italy, Japan, and the United
Kingdom: Final Results of Antidumping Duty
Administrative Reviews, Final Results of ChangedCircumstances Review, and Revocation of an Order
in Part, 75 FR 53661, 53663 (September 1, 2010).
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
Dated: October 21, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix I
Scope of the Investigation
This investigation covers welded carbonquality steel pipes and tube, of circular cross-
E:\FR\FM\28OCN1.SGM
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mstockstill on DSK3G9T082PROD with NOTICES
75032
Federal Register / Vol. 81, No. 209 / Friday, October 28, 2016 / Notices
section, with an outside diameter (O.D.) not
more than nominal 16 inches (406.4 mm),
regardless of wall thickness, surface finish
(e.g., black, galvanized, or painted), end
finish (plain end, beveled end, grooved,
threaded, or threaded and coupled), or
industry specification (e.g., American Society
for Testing and Materials International
(ASTM), proprietary, or other), generally
known as standard pipe, fence pipe and tube,
sprinkler pipe, and structural pipe (although
subject product may also be referred to as
mechanical tubing). Specifically, the term
‘‘carbon quality’’ includes products in which:
(a) iron predominates, by weight, over each
of the other contained elements;
(b) the carbon content is 2 percent or less,
by weight; and
(c) none of the elements listed below
exceeds the quantity, by weight, as indicated:
(i) 1.80 percent of manganese;
(ii) 2.25 percent of silicon;
(iii) 1.00 percent of copper;
(iv) 0.50 percent of aluminum;
(v) 1.25 percent of chromium;
(vi) 0.30 percent of cobalt;
(vii) 0.40 percent of lead;
(viii) 1.25 percent of nickel;
(ix) 0.30 percent of tungsten;
(x) 0.15 percent of molybdenum;
(xi) 0.10 percent of niobium;
(xii) 0.41 percent of titanium;
(xiii) 0.15 percent of vanadium; or
(xiv) 0.15 percent of zirconium.
Covered products are generally made to
standard O.D. and wall thickness
combinations. Pipe multi-stenciled to a
standard and/or structural specification and
to other specifications, such as American
Petroleum Institute (API) API–5L
specification, may also be covered by the
scope of these investigations. In particular,
such multi-stenciled merchandise is covered
when it meets the physical description set
forth above, and also has one or more of the
following characteristics: Is 32 feet in length
or less; is less than 2.0 inches (50 mm) in
outside diameter; has a galvanized and/or
painted (e.g., polyester coated) surface finish;
or has a threaded and/or coupled end finish.
Standard pipe is ordinarily made to ASTM
specifications A53, A135, and A795, but can
also be made to other specifications.
Structural pipe is made primarily to ASTM
specifications A252 and A500. Standard and
structural pipe may also be produced to
proprietary specifications rather than to
industry specifications.
Sprinkler pipe is designed for sprinkler fire
suppression systems and may be made to
industry specifications such as ASTM A53 or
to proprietary specifications.
Fence tubing is included in the scope
regardless of certification to a specification
listed in the exclusions below, and can also
be made to the ASTM A513 specification.
Products that meet the physical description
set forth above but are made to the following
nominal outside diameter and wall thickness
combinations, which are recognized by the
industry as typical for fence tubing, are
included despite being certified to ASTM
mechanical tubing specifications:
VerDate Sep<11>2014
18:12 Oct 27, 2016
Jkt 241001
O.D. in inches
(nominal)
1.315
1.315
1.315
1.315
1.315
1.315
1.315
1.660
1.660
1.660
1.660
1.660
1.900
1.900
1.900
1.900
1.900
1.900
2.375
2.375
2.375
2.375
2.375
2.375
2.375
2.875
2.875
3.500
3.500
4.000
4.000
4.500
.....................
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.....................
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.....................
.....................
.....................
.....................
.....................
.....................
.....................
.....................
.....................
.....................
.....................
.....................
Wall
thickness
in inches
(nominal)
0.035
0.047
0.055
0.065
0.072
0.083
0.095
0.055
0.065
0.083
0.095
0.109
0.047
0.055
0.065
0.072
0.095
0.109
0.047
0.055
0.065
0.072
0.095
0.109
0.120
0.109
0.165
0.109
0.165
0.148
0.165
0.203
Gauge
20
18
17
16
15
14
13
17
16
14
13
12
18
17
16
15
13
12
18
17
16
15
13
12
11
12
8
12
8
9
8
7
The scope of this investigation does not
include:
(a) pipe suitable for use in boilers,
superheaters, heat exchangers, refining
furnaces and feedwater heaters, whether or
not cold drawn, which are defined by
standards such as ASTM A178 or ASTM
A192;
(b) finished electrical conduit, i.e.,
Electrical Rigid Steel Conduit (also known as
Electrical Rigid Metal Conduit and Electrical
Rigid Metal Steel Conduit), Finished
Electrical Metallic Tubing, and Electrical
Intermediate Metal Conduit, which are
defined by specifications such as American
National Standard (ANSI) C80.1–2005, ANSI
C80.3–2005, or ANSI C80.6–2005, and
Underwriters Laboratories Inc. (UL) UL–6,
UL–797, or UL–1242;
(c) finished scaffolding, i.e., component
parts of final, finished scaffolding that enter
the United States unassembled as a ‘‘kit.’’ A
kit is understood to mean a packaged
combination of component parts that
contains, at the time of importation, all of the
necessary component parts to fully assemble
final, finished scaffolding;
(d) tube and pipe hollows for redrawing;
(e) oil country tubular goods produced to
API specifications;
(f) line pipe produced to only API
specifications, such as API 5L, and not multistenciled; and
(g) mechanical tubing, whether or not colddrawn, other than what is included in the
above paragraphs.
The products subject to this investigation
are currently classifiable in Harmonized
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
Tariff Schedule of the United States (HTSUS)
statistical reporting numbers 7306.19.1010,
7306.19.1050, 7306.19.5110, 7306.19.5150,
7306.30.1000, 7306.30.5015, 7306.30.5020,
7306.30.5025, 7306.30.5032, 7306.30.5040,
7306.30.5055, 7306.30.5085, 7306.30.5090,
7306.50.1000, 7306.50.5030, 7306.50.5050,
and 7306.50.5070. The HTSUS subheadings
above are provided for convenience and U.S.
Customs purposes only. The written
description of the scope of the investigation
is dispositive.
Appendix II
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Margin Calculations
V. Discussion of the Issues
1. Management Fees
2. Weight Basis for Ajmal Steel
3. Ajmal Steel’s Rebate Adjustment
4. Depreciation on Revalued Assets for
Ajmal Steel
5. General and Administrative and
Financial Expenses for Ajmal Steel
6. Revision of Ajmal Steel’s POI
Depreciation Analysis
7. Universal’s Level of Trade Adjustment
8. Credit Expenses for one of Universal’s
U.S. Customers
9. U.S. Packing Costs for Universal
10. Sales to Universal’s Affiliated Reseller
Al Zaher Building Materials LLC
VI. Recommendation
[FR Doc. 2016–26107 Filed 10–27–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–032]
Certain Iron Mechanical Transfer Drive
Components From the People’s
Republic of China: Final Affirmative
Determination of Sales at Less Than
Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the ‘‘Department’’) determines that
certain iron mechanical transfer drive
components (‘‘IMTDC’’) from the
People’s Republic of China (‘‘PRC’’) are
being, or are likely to be, sold in the
United States at less than fair value
(‘‘LTFV’’). The period of investigation
(‘‘POI’’) is April 1, 2015 through
September 30, 2015. The final weightedaverage dumping margins of sales at
LTFV are listed in the ‘‘Final
Determination Dumping Margins’’
section of this notice.
DATES: Effective October 28, 2016.
FOR FURTHER INFORMATION CONTACT:
Krisha Hill or Jonathan Hill, AD/CVD
AGENCY:
E:\FR\FM\28OCN1.SGM
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]]>Agencies
[Federal Register Volume 81, Number 209 (Friday, October 28, 2016)]
[Notices]
[Pages 75030-75032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26107]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-520-807]
Circular Welded Carbon-Quality Steel Pipe From the United Arab
Emirates: Final Determination of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce
SUMMARY: The Department of Commerce (the Department) determines that
circular welded carbon-quality steel pipe (CWP) from the United Arab
Emirates (UAE) is being, or is likely to be, sold in the United States
at less than fair value (LTFV). The period of investigation (POI) is
October 1, 2014, through September 30, 2015. The final dumping margins
of sales at LTFV are listed below in the ``Final Determination''
section of this notice.
DATES: Effective October 28, 2016.
FOR FURTHER INFORMATION CONTACT: Blaine Wiltse or Manuel Rey, 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) 482-6345 and (202) 482-
5518, respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 8, 2016, the Department published the Preliminary
Determination.\1\ A summary of the events that occurred since the
Department published the Preliminary Determination, as well as a full
discussion of the issues raised by parties for this final
determination, may be found in the Issues and Decision Memorandum,
which is hereby adopted by this notice.\2\
---------------------------------------------------------------------------
\1\ See Circular Welded Carbon-Quality Steel Pipe From the
United Arab Emirates: Affirmative Preliminary Determination of Sales
at Less Than Fair Value and Postponement of Final Determination, 81
FR 36881 (June 8, 2016) (Preliminary Determination).
\2\ See Memorandum to Ronald K. Lorentzen, ``Issues and Decision
Memorandum for the Final Affirmative Determination in the Less-Than-
Fair-Value Investigation of Circular Welded Carbon-Quality Steel
Pipe From the United Arab Emirates,'' dated concurrently with this
notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The scope of the investigation covers CWP from the UAE. For a
complete description of the scope of the investigation, see Appendix I.
Scope Comments
In the Preliminary Determination, the Department set aside a period
of time for parties to address scope issues in case briefs or other
written comments on scope issues. No interested parties submitted scope
comments in case or rebuttal briefs; therefore, for this final
determination, the scope of this investigation remains unchanged from
that published in the Preliminary Determination.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties in
this investigation are addressed in the Issues and Decision Memorandum.
A list of the issues raised is attached to this notice as Appendix II.
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 https://access.trade.gov and
it is available to all parties in the Central Records Unit,
[[Page 75031]]
room B-8024 of the main Department of Commerce building. In addition, a
complete version of the Issues and Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/frn/. The signed and
electronic versions of the Issues and Decision Memorandum are identical
in content.
Verification
As provided in section 782(i) of the Tariff Act of 1930, as amended
(the Act), in June, July, and August 2016, we conducted verification of
the sales and cost information submitted by Ajmal Steel Tubes & Pipes
Ind. L.L.C. (Ajmal Steel) and Universal Tube and Plastic Industries,
LLC--Jebel Ali Branch, Universal Tube and Pipe Industries, and KHK
Scaffolding and Framework LLC (collectively, Universal) for use in our
final determination. We used standard verification procedures,
including an examination of relevant accounting and production records,
and original source documents provided by Ajmal Steel and Universal.\3\
---------------------------------------------------------------------------
\3\ For discussion of our verification findings, see the
following memoranda: Memorandum to the File from Blaine Wiltse and
Whitley Herndon, entitled ``Verification of UTP Pipe USA Corp. and
Prime Metal Corp. in the Antidumping Duty Investigation of Circular
Welded Carbon-Quality Steel Pipe from the United Arab Emirates,''
dated August 17, 2016; see also Memorandum to the File from Blaine
Wiltse and E. Whitley Herndon, entitled ``Verification of the Sales
Response of Universal Tube and Plastic Industries, Ltd.--Jebel Ali
Branch in the Antidumping Investigation of Circular Welded Carbon
Steel Pipe from United Arab Emirates,'' dated August 16, 2016;
Memorandum to the File from Blaine Wiltse and E. Whitley Herndon,
entitled ``Verification of the Sales Response of Dayal Steel
Suppliers LLC in the Antidumping Investigation of Circular Welded
Carbon Steel Pipe from the United Arab Emirates,'' dated August 22,
2016; Memorandum to the File from Dennis McClure and Manuel Rey,
entitled ``Verification of the Sales Response of Ajmal Steel Tubes &
Pipes Ind. L.L.C. in the Antidumping Investigation of Circular
Welded Carbon-Quality Steel Pipe from the United Arab Emirates,''
dated August 22, 2016; Memorandum to the File from Michael Martin
and Christopher Zimpo, entitled ``Verification of the Cost Response
of Universal in the Antidumping Duty Investigation of Circular
Welded Carbon-Quality Steel Pipe from the United Arab Emirates,''
dated August 24, 2016; and Memorandum to the File from Christopher
J. Zimpo, entitled ``Verification of the Cost Response of Ajmal
Steel Tubes & Pipes Ind. L.L.C. in the Antidumping Duty
Investigation of Circular Welded Carbon Steel Pipe from the United
Arab Emirates,'' dated August 25, 2016.
---------------------------------------------------------------------------
Changes Since the Preliminary Determination
Based on our analysis of the comments received and our findings at
verification, we made certain changes to the margin calculations for
Ajmal Steel and Universal. For a discussion of these changes, see the
Issues and Decision Memorandum.
All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated all-
others rate shall be an amount equal to the weighted-average of the
estimated weighted-average dumping margins established for exporters
and producers individually investigated excluding any zero or de
minimis margins, and margins determined entirely under section 776 of
the Act. For the final determination, the Department calculated the
``all others'' rate based on a weighted average of Ajmal Steel's and
Universal's margins using publicly-ranged quantities of their sales of
subject merchandise.\4\
---------------------------------------------------------------------------
\4\ See Memorandum to the File from Whitley Herndon, Analyst,
entitled, ``Circular Welded Carbon-Quality Steel Pipe From the
United Arab Emirates: Calculation of the Final Margin for All Other
Companies,'' dated July 14, 2016. With two respondents, we normally
calculate (A) a weighted-average of the dumping margins calculated
for the mandatory respondents; (B) a simple average of the dumping
margins calculated for the mandatory respondents; and (C) a
weighted-average of the dumping margins calculated for the mandatory
respondents using each company's publicly-ranged values for the
merchandise under consideration. We compare (B) and (C) to (A) and
select the rate closest to (A) as the most appropriate rate for all
other companies. See Ball Bearings and Parts Thereof From France,
Germany, Italy, Japan, and the United Kingdom: Final Results of
Antidumping Duty Administrative Reviews, Final Results of Changed-
Circumstances Review, and Revocation of an Order in Part, 75 FR
53661, 53663 (September 1, 2010).
---------------------------------------------------------------------------
Final Determination
The final weighted-average dumping margins are as follows:
------------------------------------------------------------------------
Weighted-
average
Exporter/Manufacturer dumping
margin
(percent)
------------------------------------------------------------------------
Ajmal Steel Tubes & Pipes Ind. L.L.C........................ 6.43
Universal Tube and Plastic Industries, LLC--Jebel Ali 5.58
Branch, Universal Tube and Pipe Industries, and KHK
Scaffolding and Framework LLC..............................
All Others.................................................. 5.95
------------------------------------------------------------------------
Disclosure
We will disclose the calculations performed within five days of the
date of publication of this notice to parties in this proceeding in
accordance with 19 CFR 351.224(b).
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, the Department
will instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all appropriate entries of CWP from UAE, as
described in Appendix I of this notice, which were entered, or
withdrawn from warehouse, for consumption on or after June 8, 2016, the
date of publication of the preliminary determination of this
investigation in the Federal Register.
Further, the Department will instruct CBP to require a cash deposit
equal to the estimated amount by which the normal value exceeds the
U.S. price as shown above.
International Trade Comission (ITC) Notification
In accordance with section 735(d) of the Act, we will notify the
ITC of the final affirmative determination of sales at LTFV. Because
the final determination in this proceeding is affirmative, in
accordance with section 735(b)(2) of the Act, the ITC will make its
final determination as to whether the domestic industry in the United
States is materially injured, or threatened with material injury, by
reason of imports of CWP from UAE no later than 45 days after our final
determination. If the ITC determines that material injury or threat of
material injury does not exist, the proceeding will be terminated and
all cash deposits will be refunded. If the ITC determines that such
injury does exist, the Department will issue an antidumping duty order
directing CBP to assess, upon further instruction by the Department,
antidumping duties on all imports of the subject merchandise entered,
or withdrawn from warehouse, for consumption on or after the effective
date of the suspension of liquidation.
Notification Regarding Administrative Protective Orders (APO)
This notice serves as a reminder to parties subject to APO of their
responsibility concerning the disposition of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely
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 the terms of an APO is a
sanctionable violation.
This determination and this notice are issued and published
pursuant to sections 735(d) and 777(i)(1) of the Act.
Dated: October 21, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
This investigation covers welded carbon-quality steel pipes and
tube, of circular cross-
[[Page 75032]]
section, with an outside diameter (O.D.) not more than nominal 16
inches (406.4 mm), regardless of wall thickness, surface finish
(e.g., black, galvanized, or painted), end finish (plain end,
beveled end, grooved, threaded, or threaded and coupled), or
industry specification (e.g., American Society for Testing and
Materials International (ASTM), proprietary, or other), generally
known as standard pipe, fence pipe and tube, sprinkler pipe, and
structural pipe (although subject product may also be referred to as
mechanical tubing). Specifically, the term ``carbon quality''
includes products in which:
(a) iron predominates, by weight, over each of the other
contained elements;
(b) the carbon content is 2 percent or less, by weight; and
(c) none of the elements listed below exceeds the quantity, by
weight, as indicated:
(i) 1.80 percent of manganese;
(ii) 2.25 percent of silicon;
(iii) 1.00 percent of copper;
(iv) 0.50 percent of aluminum;
(v) 1.25 percent of chromium;
(vi) 0.30 percent of cobalt;
(vii) 0.40 percent of lead;
(viii) 1.25 percent of nickel;
(ix) 0.30 percent of tungsten;
(x) 0.15 percent of molybdenum;
(xi) 0.10 percent of niobium;
(xii) 0.41 percent of titanium;
(xiii) 0.15 percent of vanadium; or
(xiv) 0.15 percent of zirconium.
Covered products are generally made to standard O.D. and wall
thickness combinations. Pipe multi-stenciled to a standard and/or
structural specification and to other specifications, such as
American Petroleum Institute (API) API-5L specification, may also be
covered by the scope of these investigations. In particular, such
multi-stenciled merchandise is covered when it meets the physical
description set forth above, and also has one or more of the
following characteristics: Is 32 feet in length or less; is less
than 2.0 inches (50 mm) in outside diameter; has a galvanized and/or
painted (e.g., polyester coated) surface finish; or has a threaded
and/or coupled end finish.
Standard pipe is ordinarily made to ASTM specifications A53,
A135, and A795, but can also be made to other specifications.
Structural pipe is made primarily to ASTM specifications A252 and
A500. Standard and structural pipe may also be produced to
proprietary specifications rather than to industry specifications.
Sprinkler pipe is designed for sprinkler fire suppression
systems and may be made to industry specifications such as ASTM A53
or to proprietary specifications.
Fence tubing is included in the scope regardless of
certification to a specification listed in the exclusions below, and
can also be made to the ASTM A513 specification. Products that meet
the physical description set forth above but are made to the
following nominal outside diameter and wall thickness combinations,
which are recognized by the industry as typical for fence tubing,
are included despite being certified to ASTM mechanical tubing
specifications:
------------------------------------------------------------------------
Wall
thickness
O.D. in inches (nominal) in inches Gauge
(nominal)
------------------------------------------------------------------------
1.315........................................... 0.035 20
1.315........................................... 0.047 18
1.315........................................... 0.055 17
1.315........................................... 0.065 16
1.315........................................... 0.072 15
1.315........................................... 0.083 14
1.315........................................... 0.095 13
1.660........................................... 0.055 17
1.660........................................... 0.065 16
1.660........................................... 0.083 14
1.660........................................... 0.095 13
1.660........................................... 0.109 12
1.900........................................... 0.047 18
1.900........................................... 0.055 17
1.900........................................... 0.065 16
1.900........................................... 0.072 15
1.900........................................... 0.095 13
1.900........................................... 0.109 12
2.375........................................... 0.047 18
2.375........................................... 0.055 17
2.375........................................... 0.065 16
2.375........................................... 0.072 15
2.375........................................... 0.095 13
2.375........................................... 0.109 12
2.375........................................... 0.120 11
2.875........................................... 0.109 12
2.875........................................... 0.165 8
3.500........................................... 0.109 12
3.500........................................... 0.165 8
4.000........................................... 0.148 9
4.000........................................... 0.165 8
4.500........................................... 0.203 7
------------------------------------------------------------------------
The scope of this investigation does not include:
(a) pipe suitable for use in boilers, superheaters, heat
exchangers, refining furnaces and feedwater heaters, whether or not
cold drawn, which are defined by standards such as ASTM A178 or ASTM
A192;
(b) finished electrical conduit, i.e., Electrical Rigid Steel
Conduit (also known as Electrical Rigid Metal Conduit and Electrical
Rigid Metal Steel Conduit), Finished Electrical Metallic Tubing, and
Electrical Intermediate Metal Conduit, which are defined by
specifications such as American National Standard (ANSI) C80.1-2005,
ANSI C80.3-2005, or ANSI C80.6-2005, and Underwriters Laboratories
Inc. (UL) UL-6, UL-797, or UL-1242;
(c) finished scaffolding, i.e., component parts of final,
finished scaffolding that enter the United States unassembled as a
``kit.'' A kit is understood to mean a packaged combination of
component parts that contains, at the time of importation, all of
the necessary component parts to fully assemble final, finished
scaffolding;
(d) tube and pipe hollows for redrawing;
(e) oil country tubular goods produced to API specifications;
(f) line pipe produced to only API specifications, such as API
5L, and not multi-stenciled; and
(g) mechanical tubing, whether or not cold-drawn, other than
what is included in the above paragraphs.
The products subject to this investigation are currently
classifiable in Harmonized Tariff Schedule of the United States
(HTSUS) statistical reporting numbers 7306.19.1010, 7306.19.1050,
7306.19.5110, 7306.19.5150, 7306.30.1000, 7306.30.5015,
7306.30.5020, 7306.30.5025, 7306.30.5032, 7306.30.5040,
7306.30.5055, 7306.30.5085, 7306.30.5090, 7306.50.1000,
7306.50.5030, 7306.50.5050, and 7306.50.5070. The HTSUS subheadings
above are provided for convenience and U.S. Customs purposes only.
The written description of the scope of the investigation is
dispositive.
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Margin Calculations
V. Discussion of the Issues
1. Management Fees
2. Weight Basis for Ajmal Steel
3. Ajmal Steel's Rebate Adjustment
4. Depreciation on Revalued Assets for Ajmal Steel
5. General and Administrative and Financial Expenses for Ajmal
Steel
6. Revision of Ajmal Steel's POI Depreciation Analysis
7. Universal's Level of Trade Adjustment
8. Credit Expenses for one of Universal's U.S. Customers
9. U.S. Packing Costs for Universal
10. Sales to Universal's Affiliated Reseller Al Zaher Building
Materials LLC
VI. Recommendation
[FR Doc. 2016-26107 Filed 10-27-16; 8:45 am]
BILLING CODE 3510-DS-P
