Circular Welded Carbon-Quality Steel Pipe From the United Arab Emirates: Preliminary Results of Antidumping Duty Administrative Review; 2016-2017, 5417-5419 [2019-02984]
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5417
Federal Register / Vol. 84, No. 35 / Thursday, February 21, 2019 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
[A–520–807]
Circular Welded Carbon-Quality Steel
Pipe From the United Arab Emirates:
Preliminary Results of Antidumping
Duty Administrative Review; 2016–
2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that sales of circular welded carbonquality steel pipe (CWP) from the
United Arab Emirates (UAE) have been
made below normal value. We invite
interested parties to comment on these
preliminary results.
DATES: Applicable February 21, 2019.
FOR FURTHER INFORMATION CONTACT:
Manuel Rey or Whitley Herndon, 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) 482–5518 or (202) 482–6274,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
Commerce is conducting an
administrative review of the
antidumping duty order on CWP from
the UAE. The notice of initiation of this
administrative review was published on
February 23, 2018.1 This review covers
nine producers and exporters of the
subject merchandise. The period of
review is June 8, 2016 through
November 30, 2017. Commerce
exercised its discretion to toll all
deadlines affected by the partial federal
government closure from December 22,
2018, through the resumption of
operations on January 29, 2019.2 If the
new deadline falls on a non-business
day, in accordance with Commerce’s
practice, the deadline will become the
next business day. The revised deadline
for the preliminary results is now
February 12, 2019.
Commerce selected two mandatory
respondents for individual examination:
Ajmal Steel Tubes & Pipes Ind. L.L.C.
(Ajmal)/Noble Steel Industries L.L.C
(Noble Steel) (collectively, Ajmal
Steel) 3 and Universal Tube and Plastic
Industries, Ltd./THL Tube and Pipe
Industries LLC (TTP)/KHK Scaffolding
and Formwork LLC (collectively,
Universal).4 In August 2018, Commerce
extended the preliminary results of this
review to no later than January 3, 2019.5
Scope of the Order
The merchandise subject to the order
is welded carbon-quality steel pipes and
tube, of circular cross-section, with an
outside diameter 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). The
products subject to this order 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. Although the HTSUS
numbers are provided for convenience
and for customs purposes, the written
product description remains
dispositive.6
Methodology
Commerce is conducting this review
in accordance with section 751(a)(1)(B)
and (2) of the Tariff Act of 1930, as
amended (the Act). Export price and
constructed export price are calculated
in accordance with section 772 of the
Act. Normal value is calculated in
accordance with section 773 of the Act.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum. The
Preliminary 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 to all
parties in the Central Records Unit,
Room B8024 of the main Commerce
building. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/.
The signed and electronic versions of
the Preliminary Decision Memorandum
are identical in content. A list of the
topics discussed in the Preliminary
Decision Memorandum is attached as an
Appendix to this notice.
Preliminary Results of the Review
As a result of this review, we
preliminarily determine that weightedaverage dumping margins exist for the
respondents for the period June 8, 2016,
through November 30, 2017, as follows:
Weightedaverage
dumping
margin
(percent)
Exporter/producer
amozie on DSK3GDR082PROD with NOTICES1
Ajmal Steel Tubes & Pipe Ind. L.L.C./Noble Steel Industries L.L.C ...................................................................................................
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 83 FR
8058 (February 23, 2018) (Initiation Notice).
2 See Memorandum, ‘‘Deadlines Affected by the
Partial Shutdown of the Federal Government,’’
dated January 28, 2019. All deadlines in this
segment of the proceeding have been extended by
40 days.
3 On December 11, 2018, we preliminarily
collapsed Ajmal and Noble Steel. See
Memorandum, ‘‘Whether to Collapse Ajmal Steel
Tubes and Pipes Ind. L.L.C. and Noble Steel
Industries L.L.C. in the 2016–2017 Antidumping
VerDate Sep<11>2014
17:08 Feb 20, 2019
Jkt 247001
Duty Administrative Review of Circular Welded
Carbon-Quality Steel Pipe from the United Arab
Emirates,’’ dated December 11, 2018.
4 On January 31, 2019, we preliminarily found
that TTP is the successor-in-interest to Universal
Tube and Pipe Industries Limited. See
Memorandum, ‘‘Successor-In-Interest
Determination in the 2016–2017 Antidumping Duty
Administrative Review on Circular Welded CarbonQuality Steel Pipe from the United Arab Emirates,’’
dated January 31, 2019.
5 See Memorandum, ‘‘Circular Welded CarbonQuality Steel Pipe from the United Arab Emirates:
PO 00000
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Fmt 4703
Sfmt 4703
5.28
Extension of the Deadline for Preliminary Results
of Antidumping Duty Administrative Review,’’
dated August 23, 2018.
6 For a complete description of the scope of the
Order, see Memorandum, ‘‘Decision Memorandum
for the Preliminary Results of the 2016–2017
Administrative Review of the Antidumping Duty
Order on Circular Welded Carbon-Quality Steel
Pipe from the United Arab Emirates,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
E:\FR\FM\21FEN1.SGM
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Federal Register / Vol. 84, No. 35 / Thursday, February 21, 2019 / Notices
Weightedaverage
dumping
margin
(percent)
Exporter/producer
Universal Tube and Plastic Industries, Ltd./Universal Tube and Pipe Industries Limited/THL Tube and Pipe Industries LLC 7/
KHK Scaffolding and Formwork LLC ...............................................................................................................................................
1.65
Review-Specific Average Rate
Applicable to the Following
Companies: 8
Weightedaverage
dumping
margin
(percent)
Exporter/producer
amozie on DSK3GDR082PROD with NOTICES1
Abu Dhabi Metal Pipes and Profiles Industries Complex ...................................................................................................................
Ferrolab LLC ........................................................................................................................................................................................
Global Steel Industries ........................................................................................................................................................................
Lamprell ...............................................................................................................................................................................................
Link Middle East Ltd ............................................................................................................................................................................
PSL FZE ..............................................................................................................................................................................................
Three Star Metal Ind LLC ....................................................................................................................................................................
Disclosure and Public Comment
Commerce intends to disclose the
calculations performed in connection
with these preliminary results to
interested parties within five days after
the date of publication of this notice.9
Interested parties may submit case briefs
to Commerce no later than 30 days after
the date of publication of this notice.10
Rebuttal briefs, limited to issues raised
in the case briefs, may be filed no later
than five days after the time limit for
filing case briefs.11 Parties who submit
case briefs or rebuttal briefs in this
proceeding are encouraged to submit
with each argument: (1) A statement of
the issue; (2) a brief summary of the
argument; and (3) a table of
authorities.12 Case and rebuttal briefs
should be filed using ACCESS.13
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, filed electronically via
ACCESS. An electronically-filed
document must be received successfully
in its entirety by ACCESS by 5 p.m.
Eastern Time within 30 days after the
date of publication of this notice.14
Hearing requests should contain: (1) The
party’s name, address, and telephone
number; (2) the number of participants;
and (3) a list of issues to be discussed.
Issues raised in the hearing will be
limited to issues raised in the briefs. If
a request for a hearing is made, parties
will be notified of the time and date for
the hearing to be held at the U.S.
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230.15
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis
raised in any written briefs, not later
than 120 days after the publication date
of this notice, pursuant to section
751(a)(3)(A) of the Act, unless otherwise
extended.16
7 As noted above, we preliminarily determined
that THL Tube and Pipe Industries LLC is the
successor-in-interest to Universal Tube and Pipe
Industries Limited.
8 This rate is based on the simple average margin
using the publicly-ranged data calculated for those
companies selected for individual review. Because
we cannot apply our normal methodology of
calculating a weighted-average margin due to
requests to protect business proprietary
information, we find this rate to be the best proxy
of the actual weighted-average margin determined
for the mandatory respondents. See Ball Bearings
and Parts Thereof from France, et al.: 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).
9 See 19 CFR 351.224(b).
VerDate Sep<11>2014
17:08 Feb 20, 2019
Jkt 247001
Assessment Rates
Upon completion of the
administrative review, Commerce shall
determine, and CBP shall assess,
antidumping duties on all appropriate
entries.
Pursuant to 19 CFR 351.212(b)(1),
because Ajmal Steel and Universal
reported the entered value of their 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
PO 00000
Frm 00015
Fmt 4703
Sfmt 4703
3.47
3.47
3.47
3.47
3.47
3.47
3.47
sales to the total entered value of the
sales for which entered value was
reported. Where either the respondent’s
weighted-average dumping margin is
zero or de minimis within the meaning
of 19 CFR 351.106(c)(1), or an importerspecific rate is zero or de minimis, we
will instruct CBP to liquidate the
appropriate entries without regard to
antidumping duties. We intend to
instruct CBP to take into account the
‘‘provisional measures deposit cap,’’ in
accordance with 19 CFR 351.212(d).
For the companies which were not
selected for individual review, we will
assign an assessment rate based on the
average 17 of the cash deposit rates
calculated for Ajmal Steel and
Universal, excluding any which are de
minimis or determined entirely based
on adverse facts available. The final
results of this review shall be the basis
for the assessment of antidumping
duties on entries of merchandise
covered by the final results of this
review and for future deposits of
estimated duties, where applicable.
Commerce’s ‘‘automatic assessment’’
practice will apply to entries of subject
merchandise during the POR produced
by companies included in these final
results of review for which the reviewed
10 See
19 CFR 351.309(c).
19 CFR 351.309(d).
12 See 19 CFR 351.309(c)(2) and (d)(2).
13 See 19 CFR 351.303.
14 See 19 CFR 351.310(c).
15 See 19 CFR 351.310(d).
16 See section 751(a)(3)(A) of the Act.
17 This rate was calculated as discussed in
footnote 7, above.
11 See
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Federal Register / Vol. 84, No. 35 / Thursday, February 21, 2019 / Notices
companies did not know that the
merchandise they sold to the
intermediary (e.g., a reseller, trading
company, or exporter) was destined for
the United States. In such instances, we
will instruct CBP to liquidate
unreviewed entries at the all-others rate
if there is no rate for the intermediate
company(ies) involved in the
transaction.18
We intend to issue liquidation
instructions to CBP 15 days after
publication of the final results of this
review.
Cash Deposit Requirements
The following deposit requirements
will be effective for all shipments of the
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 exporters listed
above will be that established in the
final results of this 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), in
which case the cash deposit rate will be
zero; (2) if the exporter is not a firm
covered in this review, or the original
less-than-fair-value (LTFV)
investigation, but the manufacturer is,
the cash deposit rate will be the rate
established for the most recent segment
for the manufacturer of the
merchandise; and (3) the cash deposit
rate for all other manufacturers or
exporters will continue to be 5.95
percent, the all-others rate made
effective by the LTFV investigation.19
These deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers
subsequent assessment of double
antidumping duties.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.221(b)(4).
Dated: February 8, 2019.
Christian Marsh,
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 and Collapsing
V. Successor-in-Interest
VI. Companies Not Selected for Individual
Examination
VII. Discussion of the Methodology
A. Date of Sale
B. Normal Value Comparisons
C. Determination of Comparison Method
D. Product Comparisons
E. Export Price/Constructed Export Price
F. Normal Value
i. Home Market Viability and Comparison
Market
ii. Level of Trade
iii. Affiliated-Party Transactions and
Arm’s-Length Test
iv. Cost of Production (COP) Analysis
1. Cost Averaging Methodology
a. Significant of Cost Changes
b. Linkage Between Sales and Cost
Information
2. Calculation of COP
3. Test of Comparison Market Sales Prices
4. Results of the COP Test
v. Calculation of Normal Value Based on
Comparison Market Prices
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2019–02984 Filed 2–20–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
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
National Institute of Standards and
Technology
Advisory Committee on Earthquake
Hazards Reduction Meeting
National Institute of Standards
and Technology, Department of
Commerce.
ACTION: Notice of open meeting.
AGENCY:
National Institute of
Standards and Technology (NIST)’s
Advisory Committee on Earthquake
Hazards Reduction (ACEHR or
Committee) will hold an open meeting
via webinar on March 12, 2019, from
3:00 p.m. to 5:00 p.m. Eastern Time.
DATES: The ACEHR will meet via
webinar on Tuesday, March 12, 2019,
amozie on DSK3GDR082PROD with NOTICES1
SUMMARY:
18 For
a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
19 See Circular Welded Carbon-Quality Steel Pipe
from the Sultanate of Oman, Pakistan, and the
United Arab Emirates: Amended Final Affirmative
Antidumping Duty Determination and
Antidumping Duty Orders, 81 FR 91906 (December
19, 2016).
VerDate Sep<11>2014
17:08 Feb 20, 2019
Jkt 247001
PO 00000
Frm 00016
Fmt 4703
Sfmt 4703
5419
from 3:00 p.m. to 5:00 p.m. Eastern
Time.
ADDRESSES: The meeting will be held
via webinar. Please note participation
instructions under the SUPPLEMENTARY
INFORMATION section of this notice.
FOR FURTHER INFORMATION CONTACT: Tina
Faecke, Management and Program
Analyst, National Earthquake Hazards
Reduction Program (NEHRP),
Engineering Laboratory, NIST, 100
Bureau Drive, Mail Stop 8604,
Gaithersburg, Maryland 20899–8604.
Ms. Faecke’s email address is
tina.faecke@nist.gov and her phone
number is (301) 975–5911.
SUPPLEMENTARY INFORMATION:
Authority: Section 103 of the NEHRP
Reauthorization Act of 2004 (Pub. L.
108–360), 42 U.S.C. 7704, and the
Federal Advisory Committee Act, as
amended, 5 U.S.C. App. The Committee
is composed of 11 members, appointed
by the Director of NIST, who were
selected for their established records of
distinguished service in their
professional community, their
knowledge of issues affecting NEHRP,
and to reflect the wide diversity of
technical disciplines, competencies, and
communities involved in earthquake
hazards reduction. In addition, the
Chairperson of the U.S. Geological
Survey Scientific Earthquake Studies
Advisory Committee serves as an exofficio member of the Committee.
Pursuant to the Federal Advisory
Committee Act, as amended, 5 U.S.C.
App., notice is hereby given that the
ACEHR will meet via webinar on
Tuesday, March 12, 2019, from 3:00
p.m. to 5:00 p.m. Eastern Time. The
meeting will be open to the public. The
primary purpose of this meeting is for
the Committee to develop a draft of their
2019 biennial Report on the
Effectiveness of the NEHRP. The agenda
may change to accommodate Committee
business. The final agenda and any
meeting materials will be posted on the
NEHRP website at https://nehrp.gov/.
Individuals and representatives of
organizations who would like to offer
comments and suggestions related to the
Committee’s business are invited to
request a place on the agenda.
Approximately fifteen minutes will be
reserved from 4:45 p.m.–5:00 p.m.
Eastern Time for public comments and
speaking times will be assigned on a
first-come, first-serve basis. The amount
of time per speaker will be determined
by the number of requests received but
is likely to be about three minutes each.
Questions from the public will not be
considered during this period. All those
wishing to speak must submit their
request by email to the attention of Tina
E:\FR\FM\21FEN1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 35 (Thursday, February 21, 2019)]
[Notices]
[Pages 5417-5419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02984]
[[Page 5417]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-520-807]
Circular Welded Carbon-Quality Steel Pipe From the United Arab
Emirates: Preliminary Results of Antidumping Duty Administrative
Review; 2016-2017
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that sales of circular welded carbon-quality steel pipe (CWP) from the
United Arab Emirates (UAE) have been made below normal value. We invite
interested parties to comment on these preliminary results.
DATES: Applicable February 21, 2019.
FOR FURTHER INFORMATION CONTACT: Manuel Rey or Whitley Herndon, 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) 482-5518 or (202) 482-6274,
respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce is conducting an administrative review of the antidumping
duty order on CWP from the UAE. The notice of initiation of this
administrative review was published on February 23, 2018.\1\ This
review covers nine producers and exporters of the subject merchandise.
The period of review is June 8, 2016 through November 30, 2017.
Commerce exercised its discretion to toll all deadlines affected by the
partial federal government closure from December 22, 2018, through the
resumption of operations on January 29, 2019.\2\ If the new deadline
falls on a non-business day, in accordance with Commerce's practice,
the deadline will become the next business day. The revised deadline
for the preliminary results is now February 12, 2019.
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 8058 (February 23, 2018) (Initiation
Notice).
\2\ See Memorandum, ``Deadlines Affected by the Partial Shutdown
of the Federal Government,'' dated January 28, 2019. All deadlines
in this segment of the proceeding have been extended by 40 days.
---------------------------------------------------------------------------
Commerce selected two mandatory respondents for individual
examination: Ajmal Steel Tubes & Pipes Ind. L.L.C. (Ajmal)/Noble Steel
Industries L.L.C (Noble Steel) (collectively, Ajmal Steel) \3\ and
Universal Tube and Plastic Industries, Ltd./THL Tube and Pipe
Industries LLC (TTP)/KHK Scaffolding and Formwork LLC (collectively,
Universal).\4\ In August 2018, Commerce extended the preliminary
results of this review to no later than January 3, 2019.\5\
---------------------------------------------------------------------------
\3\ On December 11, 2018, we preliminarily collapsed Ajmal and
Noble Steel. See Memorandum, ``Whether to Collapse Ajmal Steel Tubes
and Pipes Ind. L.L.C. and Noble Steel Industries L.L.C. in the 2016-
2017 Antidumping Duty Administrative Review of Circular Welded
Carbon-Quality Steel Pipe from the United Arab Emirates,'' dated
December 11, 2018.
\4\ On January 31, 2019, we preliminarily found that TTP is the
successor-in-interest to Universal Tube and Pipe Industries Limited.
See Memorandum, ``Successor-In-Interest Determination in the 2016-
2017 Antidumping Duty Administrative Review on Circular Welded
Carbon-Quality Steel Pipe from the United Arab Emirates,'' dated
January 31, 2019.
\5\ See Memorandum, ``Circular Welded Carbon-Quality Steel Pipe
from the United Arab Emirates: Extension of the Deadline for
Preliminary Results of Antidumping Duty Administrative Review,''
dated August 23, 2018.
---------------------------------------------------------------------------
Scope of the Order
The merchandise subject to the order is welded carbon-quality steel
pipes and tube, of circular cross-section, with an outside diameter 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). The products subject to this order 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. Although
the HTSUS numbers are provided for convenience and for customs
purposes, the written product description remains dispositive.\6\
---------------------------------------------------------------------------
\6\ For a complete description of the scope of the Order, see
Memorandum, ``Decision Memorandum for the Preliminary Results of the
2016-2017 Administrative Review of the Antidumping Duty Order on
Circular Welded Carbon-Quality Steel Pipe from the United Arab
Emirates,'' dated concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act).
Export price and constructed export price are calculated in accordance
with section 772 of the Act. Normal value is calculated in accordance
with section 773 of the Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. The Preliminary
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 to all parties in the
Central Records Unit, Room B8024 of the main Commerce building. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly at https://enforcement.trade.gov/frn/. The signed
and electronic versions of the Preliminary Decision Memorandum are
identical in content. A list of the topics discussed in the Preliminary
Decision Memorandum is attached as an Appendix to this notice.
Preliminary Results of the Review
As a result of this review, we preliminarily determine that
weighted-average dumping margins exist for the respondents for the
period June 8, 2016, through November 30, 2017, as follows:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping margin
(percent)
------------------------------------------------------------------------
Ajmal Steel Tubes & Pipe Ind. L.L.C./Noble Steel 5.28
Industries L.L.C.......................................
[[Page 5418]]
Universal Tube and Plastic Industries, Ltd./Universal 1.65
Tube and Pipe Industries Limited/THL Tube and Pipe
Industries LLC \7\/KHK Scaffolding and Formwork LLC....
------------------------------------------------------------------------
Review-Specific Average Rate Applicable to the Following Companies:
\8\
---------------------------------------------------------------------------
\7\ As noted above, we preliminarily determined that THL Tube
and Pipe Industries LLC is the successor-in-interest to Universal
Tube and Pipe Industries Limited.
\8\ This rate is based on the simple average margin using the
publicly-ranged data calculated for those companies selected for
individual review. Because we cannot apply our normal methodology of
calculating a weighted-average margin due to requests to protect
business proprietary information, we find this rate to be the best
proxy of the actual weighted-average margin determined for the
mandatory respondents. See Ball Bearings and Parts Thereof from
France, et al.: 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).
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping margin
(percent)
------------------------------------------------------------------------
Abu Dhabi Metal Pipes and Profiles Industries Complex... 3.47
Ferrolab LLC............................................ 3.47
Global Steel Industries................................. 3.47
Lamprell................................................ 3.47
Link Middle East Ltd.................................... 3.47
PSL FZE................................................. 3.47
Three Star Metal Ind LLC................................ 3.47
------------------------------------------------------------------------
Disclosure and Public Comment
Commerce intends to disclose the calculations performed in
connection with these preliminary results to interested parties within
five days after the date of publication of this notice.\9\ Interested
parties may submit case briefs to Commerce no later than 30 days after
the date of publication of this notice.\10\ Rebuttal briefs, limited to
issues raised in the case briefs, may be filed no later than five days
after the time limit for filing case briefs.\11\ Parties who submit
case briefs or rebuttal briefs in this proceeding are encouraged to
submit with each argument: (1) A statement of the issue; (2) a brief
summary of the argument; and (3) a table of authorities.\12\ Case and
rebuttal briefs should be filed using ACCESS.\13\
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\9\ See 19 CFR 351.224(b).
\10\ See 19 CFR 351.309(c).
\11\ See 19 CFR 351.309(d).
\12\ See 19 CFR 351.309(c)(2) and (d)(2).
\13\ See 19 CFR 351.303.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. An electronically-filed document must be received successfully
in its entirety by ACCESS by 5 p.m. Eastern Time within 30 days after
the date of publication of this notice.\14\ Hearing requests should
contain: (1) The party's name, address, and telephone number; (2) the
number of participants; and (3) a list of issues to be discussed.
Issues raised in the hearing will be limited to issues raised in the
briefs. If a request for a hearing is made, parties will be notified of
the time and date for the hearing to be held at the U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.\15\
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\14\ See 19 CFR 351.310(c).
\15\ See 19 CFR 351.310(d).
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Commerce intends to issue the final results of this administrative
review, including the results of its analysis raised in any written
briefs, not later than 120 days after the publication date of this
notice, pursuant to section 751(a)(3)(A) of the Act, unless otherwise
extended.\16\
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\16\ See section 751(a)(3)(A) of the Act.
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Assessment Rates
Upon completion of the administrative review, Commerce shall
determine, and CBP shall assess, antidumping duties on all appropriate
entries.
Pursuant to 19 CFR 351.212(b)(1), because Ajmal Steel and Universal
reported the entered value of their 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 total
entered value of the sales for which entered value was reported. Where
either the respondent's weighted-average dumping margin is zero or de
minimis within the meaning of 19 CFR 351.106(c)(1), or an importer-
specific rate is zero or de minimis, we will instruct CBP to liquidate
the appropriate entries without regard to antidumping duties. We intend
to instruct CBP to take into account the ``provisional measures deposit
cap,'' in accordance with 19 CFR 351.212(d).
For the companies which were not selected for individual review, we
will assign an assessment rate based on the average \17\ of the cash
deposit rates calculated for Ajmal Steel and Universal, excluding any
which are de minimis or determined entirely based on adverse facts
available. The final results of this review shall be the basis for the
assessment of antidumping duties on entries of merchandise covered by
the final results of this review and for future deposits of estimated
duties, where applicable.
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\17\ This rate was calculated as discussed in footnote 7, above.
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Commerce's ``automatic assessment'' practice will apply to entries
of subject merchandise during the POR produced by companies included in
these final results of review for which the reviewed
[[Page 5419]]
companies did not know that the merchandise they sold to the
intermediary (e.g., a reseller, trading company, or exporter) was
destined for the United States. In such instances, we will instruct CBP
to liquidate unreviewed entries at the all-others rate if there is no
rate for the intermediate company(ies) involved in the transaction.\18\
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\18\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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We intend to issue liquidation instructions to CBP 15 days after
publication of the final results of this review.
Cash Deposit Requirements
The following deposit requirements will be effective for all
shipments of the 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 exporters
listed above will be that established in the final results of this
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), in which case the
cash deposit rate will be zero; (2) if the exporter is not a firm
covered in this review, or the original less-than-fair-value (LTFV)
investigation, but the manufacturer is, the cash deposit rate will be
the rate established for the most recent segment for the manufacturer
of the merchandise; and (3) the cash deposit rate for all other
manufacturers or exporters will continue to be 5.95 percent, the all-
others rate made effective by the LTFV investigation.\19\ These deposit
requirements, when imposed, shall remain in effect until further
notice.
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\19\ See Circular Welded Carbon-Quality Steel Pipe from the
Sultanate of Oman, Pakistan, and the United Arab Emirates: Amended
Final Affirmative Antidumping Duty Determination and Antidumping
Duty Orders, 81 FR 91906 (December 19, 2016).
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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.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4).
Dated: February 8, 2019.
Christian Marsh,
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 and Collapsing
V. Successor-in-Interest
VI. Companies Not Selected for Individual Examination
VII. Discussion of the Methodology
A. Date of Sale
B. Normal Value Comparisons
C. Determination of Comparison Method
D. Product Comparisons
E. Export Price/Constructed Export Price
F. Normal Value
i. Home Market Viability and Comparison Market
ii. Level of Trade
iii. Affiliated-Party Transactions and Arm's-Length Test
iv. Cost of Production (COP) Analysis
1. Cost Averaging Methodology
a. Significant of Cost Changes
b. Linkage Between Sales and Cost Information
2. Calculation of COP
3. Test of Comparison Market Sales Prices
4. Results of the COP Test
v. Calculation of Normal Value Based on Comparison Market Prices
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2019-02984 Filed 2-20-19; 8:45 am]
BILLING CODE 3510-DS-P
