Circular Welded Carbon-Quality Steel Pipe From the United Arab Emirates: Final Results of Antidumping Duty Administrative Review; 2016-2017, 44845-44847 [2019-18437]
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Federal Register / Vol. 84, No. 166 / Tuesday, August 27, 2019 / Notices
open to development, subject to NSO,
CSU, or TL stipulations. The Forest
Supervisor also will decide under what
conditions the Forest Service will
authorize the BLM to modify, waive, or
grant an exception to a stipulation. In
accordance with leasing analysis
requirements in 36 CFR 228.102, the
Forest Supervisor will consider
alternatives to the proposal, including
that of not allowing leasing. Whether or
not to lease specific lands is not part of
this decision.
jspears on DSK3GMQ082PROD with NOTICES
Decision Will Be Subject to Objection
Before a decision is made, oil and gas
leasing availability will be subject to the
pre-decisional administrative review
process (the objection process) outlined
in 36 CFR 218; however, the decision to
amend the Forest Plan for the NFGT
will be subject to the objection process
identified in 36 CFR 219 Subpart B.
These two pre-decisional objection
processes will run concurrently.
Under both the 36 CFR 218 and 219
administrative review processes, only
those individuals and entities who have
previously submitted substantive formal
comments on the proposed project or
the plan amendment may file an
objection. Comments can be submitted
by the public during scoping or any
other designated opportunities for
comment.
Scoping Process
This Notice of Intent initiates the
scoping process, which guides the
development of the EIS by helping to
define its scope. The Forest Service
requests input on the proposed action,
the proposed amendment to the Forest
Plan, the content of the EIS, the issues
and impacts to be addressed in the EIS,
and the alternatives that it should
consider. During scoping, commenters
should clearly describe specific issues
or topics that the EIS should address.
This will assist the Forest Service in
identifying significant environmental,
social, and economic issues related to
oil and gas leasing on NFS lands
administered by the NFGT. The public
may also provide comments on any
other 36 CFR 219 substantive
requirements that are likely to be
‘‘directly related’’ to the proposed plan
amendment (refer to 36 CFR
219.13(b)(2)).
Four public meetings are planned.
The meeting addresses, dates, and times
will be provided on the project website,
https://www.fs.usda.gov/goto/texas/oiland-gas.
It is important that reviewers provide
their comments before the Forest
Service begins preparing the EIS;
therefore, comments should be provided
VerDate Sep<11>2014
19:12 Aug 26, 2019
Jkt 247001
before the scoping period closes, and
commenters should clearly articulate
their concerns about the alternatives
and potential impacts. Comments
received in response to this solicitation,
including names and addresses of those
who comment, will be part of the public
record for this proposed action.
Comments submitted anonymously will
be accepted and considered; however,
anonymous comments will not provide
the respondent with eligiblity to
participate in subsequent administrative
review or judicial review.
Lead and Cooperating Agencies
The Forest Service, NFGT, is the lead
agency and the BLM, New Mexico State
Office, is a cooperating agency in this
analysis.
Responsible Official
The responsible official is William E.
Taylor, Jr., Forest Supervisor, National
Forests and Grasslands in Texas, 2221
N. Raguet Street, Lufkin, Texas 75904.
Dated: July 25, 2019.
Frank R. Beum,
Acting Associate Deputy Chief, National
Forest System.
[FR Doc. 2019–18357 Filed 8–26–19; 8:45 am]
BILLING CODE 3411–15–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–520–807]
Circular Welded Carbon-Quality Steel
Pipe From the United Arab Emirates:
Final Results of Antidumping Duty
Administrative Review; 2016–2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that producers
and/or exporters subject to this
administrative review made sales of
subject merchandise at less than normal
value during the period of review (POR)
June 8, 2016 through November 30,
2017.
AGENCY:
DATES:
Applicable August 27, 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:
PO 00000
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44845
Background
This review covers nine producers
and exporters of the subject
merchandise. Commerce selected two
companies, Ajmal Steel Tubes & Pipes
Ind. L.L.C. (Ajmal)/Noble Steel
Industries L.L.C. (Noble Steel)
(collectively, Ajmal Steel) 1 and
Universal Tube and Plastic Industries,
Ltd. (UTP)/THL Tube and Pipe
Industries LLC (TTP)/KHK Scaffolding
and Formwork LLC (collectively,
Universal).2 The producers and or
exporters not selected for individual
examination are listed in the ‘‘Final
Results of the Review’’ section of this
notice.
On February 21, 2019, Commerce
published the Preliminary Results.3 In
March 2019, Ajmal Steel and Universal
submitted case briefs.
On May 8, 2019, we issued a postpreliminary determination related to an
alleged particular market situation in
this administrative review.4 In May
2019, the petitioners 5 submitted a case
brief related to the post-preliminary
determination,6 and Ajmal Steel and
Universal submitted rebuttal briefs on
this topic.7 On May 23, 2019, we
1 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. Because no
party commented on this decision, we continue to
find it appropriate to collapse Ajmal and Noble for
purposes of the final results.
2 On January 31, 2019, we preliminarily found
that TTP is the successor-in-interest to UTP. 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. Because no party
commented on this decision, we continue to find
TTP to be the successor-in-interest to UTP.
3 See Circular Welded Carbon-Quality Steel Pipe
from the United Arab Emirates: Preliminary Results
of Antidumping Duty Administrative Review; 2016–
2017, 84 FR 5417 (February 21, 2019) (Preliminary
Results), and accompanying Preliminary Decision
Memorandum (PDM).
4 See Memorandum, ‘‘Antidumping
Administrative Review of Circular Welded Pipe
from the United Arab Emirates: Post-Preliminary
Determination Regarding Particular Market
Situation Allegation,’’ dated May 8, 2019.
5 The petitioners are Bull Moose Tube Company
and Wheatland Tube Company.
6 See Petitioners’ Case Brief, ‘‘Circular Welded
Carbon-Quality Steel Pipe from The United Arab
Emirates: Petitioners’ Brief Regarding the Particular
Market Situation,’’ dated May 16, 2019.
7 See Universal’s Letter, ‘‘Circular Welded
Carbon-Quality Steel Pipe from the United Arab
Emirates—Rebuttal Brief Regarding Petitioners’
Particular Market Situation Allegation,’’ dated May
21, 2019; and Ajmal Steel’s Letter, ‘‘Administrative
Review of the Antidumping Duty Order on Circular
Welded Carbon-Quality Steel Pipe from the United
Arab Emirates; Post-Preliminary Determination on
Continued
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Federal Register / Vol. 84, No. 166 / Tuesday, August 27, 2019 / Notices
postponed the final results by 60 days,
until August 20, 2019.8
Commerce conducted this
administrative review in accordance
with section 751 of the Tariff Act of
1930, as amended (the Act).
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.
jspears on DSK3GMQ082PROD with NOTICES
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs are listed in the appendix
to this notice and addressed in the
Issues and Decision Memorandum.9
Interested parties can find a complete
discussion of these issues and the
corresponding recommendations in this
public memorandum, which 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 is also
Particular Market Situation: Rebuttal Brief,’’ dated
May 21, 2019.
8 See Memorandum, ‘‘Circular Welded CarbonQuality Steel Pipe from the United Arab Emirates:
2016–2017 Administrative Review: Extension of
Deadline for Final Results,’’ dated May 23, 2019.
9 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the 2016–
2017 Administrative Review of the Antidumping
Duty Order on Circular Welded Carbon-Quality
Steel Pipes and Tubes from the United Arab
Emirates,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
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19:12 Aug 26, 2019
Jkt 247001
available to all interested parties in the
Central Records Unit, room B8024, of
the main 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.
Changes Since the Preliminary Results
Based on a review of the record and
comments received from interested
parties regarding our Preliminary
Results, we made certain changes to the
preliminary weighted-average margin
calculations for Ajmal Steel and those
companies not selected for individual
review.10
Final Results of the Review
We have determined that the
following weighted-average dumping
margins exist for the following firms
during the period June 8, 2016 through
November 30, 2017:
Exporter/producer
Ajmal Steel Tubes & Pipes Ind.
L.L.C. (Ajmal)/Noble Steel Industries L.L.C ..........................
Universal Tube and Plastic Industries, Ltd. (UTP)/THL Tube
and Pipe Industries LLC
(TTP)/KHK Scaffolding and
Formwork LLC ........................
Weightedaverage
dumping
margin
(percent)
2.83
1.65
We have determined that the reviewspecific average rate is applicable to the
following companies: 11
Exporter/producer
Abu Dhabi Metal Pipes and Profiles Industries Complex ..........
Ferrolab LLC ...............................
Global Steel Industries ...............
Lamprell ......................................
Link Middle East Ltd ...................
PSL FZE .....................................
10 See
Weightedaverage
dumping
margin
(percent)
2.24
2.24
2.24
2.24
2.24
2.24
Issues and Decision Memorandum.
rate is based on the simple average of the
margins calculated for those companies selected for
individual review. Because we cannot apply our
normal methodology of calculating a weightedaverage 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).
11 This
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Fmt 4703
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Exporter/producer
Weightedaverage
dumping
margin
(percent)
Three Star Metal Ind LLC ...........
2.24
We intend to 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).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the
Act, and 19 CFR 351.212(b)(1),
Commerce has determined, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries of subject
merchandise in accordance with the
final results of this review.
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 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 12 of the cash deposit rates
calculated for Ajmal Steel and
Universal. 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.13
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
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
12 This rate was calculated as discussed in
footnote 10.
13 See section 751(a)(2)(C) of the Act.
E:\FR\FM\27AUN1.SGM
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Federal Register / Vol. 84, No. 166 / Tuesday, August 27, 2019 / Notices
unreviewed entries at the all-others rate
if there is no rate for the intermediate
company(ies) involved in the
transaction.14
We intend to issue liquidation
instructions to CBP 15 days after
publication of the final results of this
administrative review.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results 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 each specific
company 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) for
previously investigated companies not
participating in this review, the cash
deposit will continue to be the
company-specific rate published for the
most recently-completed segment of this
proceeding; (3) if the exporter is not a
firm covered in this review, or a
previous segment of this proceeding, 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
(4) the cash deposit rate for all other
manufacturers or exporters will
continue to be 5.95 percent, the allothers rate established in the less than
fair value investigation.15 These deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
jspears on DSK3GMQ082PROD with NOTICES
14 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
15 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).
19:12 Aug 26, 2019
Administrative Protective Order (APO)
This notice serves as the only
reminder to parties subject to an APO of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of return/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.
Notification to Interested Parties
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i) of the Act.
Dated: August 20, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Margin Calculations
IV. Discussion of the Issues
1: Existence of a Particular Market
Situation (PMS)
2: Billing Adjustments
3: Cost Database
4: Quantity Discounts in the Home Market
5: Level of Trade (LOT) for Universal’s
Affiliated Resellers
V. Recommendation
[FR Doc. 2019–18437 Filed 8–26–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this review period. Failure to
comply with this requirement could
result in the Secretary’s presumption
that reimbursement of antidumping
duties occurred and the subsequent
VerDate Sep<11>2014
assessment of double antidumping
duties.
Jkt 247001
International Trade Administration
[A–570–983]
Drawn Stainless Steel Sinks From the
People’s Republic of China: Partial
Rescission of Antidumping Duty
Administrative Review; 2018–2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is partially rescinding its
administrative review of the
antidumping duty (AD) order on drawn
stainless steel sinks (drawn sinks) from
the People’s Republic of China (China)
for the period of review (POR) April 1,
2018 through March 31, 2019.
DATES: Applicable August 27, 2019.
AGENCY:
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44847
FOR FURTHER INFORMATION CONTACT:
Rebecca Janz, 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 April 1, 2019, Commerce
published in the Federal Register a
notice of ‘‘Opportunity to Request
Administrative Review’’ of the AD order
on drawn sinks from China for the
POR.1
On April 30, 2019, Commerce
received timely requests from Elkay
Manufacturing Company and KaiPing
Dawn Plumbing Products, Inc. to
conduct an administrative review of the
AD order on drawn sinks from China.2
On June 13, 2019, in accordance with
section 751(a) of the Tariff Act of 1930,
as amended (the Act), Commerce
published in the Federal Register a
notice of initiation of an administrative
review of the AD order.3 The
administrative review was initiated with
respect to 29 companies, and covers the
period April 1, 2018 through March 31,
2019. Subsequent to the initiation of the
administrative review, the petitioner in
this proceeding, Elkay Manufacturing
Company, timely withdrew its review
requests for 18 of these companies, as
discussed below.
Partial Rescission of Review
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if a party that requested a review
withdraws its request within 90 days of
the date of publication of notice of
initiation of the requested review. The
petitioner withdrew its request for an
administrative review of the following
companies within 90 days of the date of
publication of the Initiation Notice: 4
Foshan Shunde MingHao Kitchen
Utensils Co., Ltd.; Foshan Zhaoshun
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 84 FR 12207
(April 1, 2019).
2 See Letter from the Petitioner, ‘‘Re: Drawn
Stainless Steel Sinks from the People’s Republic of
China: Request for Administrative Review,’’ dated
April 30, 2019. See also Letter from KaiPing Dawn
Plumbing Products, Inc., ‘‘RE: Drawn Stainless Steel
Sinks from the People’s Republic of China: Request
for Antidumping Administrative Review,’’ dated
April 30, 2019.
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
27587 (June 13, 2019) (Initiation Notice).
4 See Letter from the Petitioner, ‘‘Re: Drawn
Stainless Steel Sinks from the People’s Republic of
China: Notice of Partial Withdrawal of Request for
Administrative Review,’’ dated August 12, 2019.
E:\FR\FM\27AUN1.SGM
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Agencies
[Federal Register Volume 84, Number 166 (Tuesday, August 27, 2019)]
[Notices]
[Pages 44845-44847]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18437]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-520-807]
Circular Welded Carbon-Quality Steel Pipe From the United Arab
Emirates: Final Results of Antidumping Duty Administrative Review;
2016-2017
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that
producers and/or exporters subject to this administrative review made
sales of subject merchandise at less than normal value during the
period of review (POR) June 8, 2016 through November 30, 2017.
DATES: Applicable August 27, 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
This review covers nine producers and exporters of the subject
merchandise. Commerce selected two companies, Ajmal Steel Tubes & Pipes
Ind. L.L.C. (Ajmal)/Noble Steel Industries L.L.C. (Noble Steel)
(collectively, Ajmal Steel) \1\ and Universal Tube and Plastic
Industries, Ltd. (UTP)/THL Tube and Pipe Industries LLC (TTP)/KHK
Scaffolding and Formwork LLC (collectively, Universal).\2\ The
producers and or exporters not selected for individual examination are
listed in the ``Final Results of the Review'' section of this notice.
---------------------------------------------------------------------------
\1\ 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. Because no party commented on this decision, we
continue to find it appropriate to collapse Ajmal and Noble for
purposes of the final results.
\2\ On January 31, 2019, we preliminarily found that TTP is the
successor-in-interest to UTP. 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. Because no
party commented on this decision, we continue to find TTP to be the
successor-in-interest to UTP.
---------------------------------------------------------------------------
On February 21, 2019, Commerce published the Preliminary
Results.\3\ In March 2019, Ajmal Steel and Universal submitted case
briefs.
---------------------------------------------------------------------------
\3\ See Circular Welded Carbon-Quality Steel Pipe from the
United Arab Emirates: Preliminary Results of Antidumping Duty
Administrative Review; 2016-2017, 84 FR 5417 (February 21, 2019)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum (PDM).
---------------------------------------------------------------------------
On May 8, 2019, we issued a post-preliminary determination related
to an alleged particular market situation in this administrative
review.\4\ In May 2019, the petitioners \5\ submitted a case brief
related to the post-preliminary determination,\6\ and Ajmal Steel and
Universal submitted rebuttal briefs on this topic.\7\ On May 23, 2019,
we
[[Page 44846]]
postponed the final results by 60 days, until August 20, 2019.\8\
---------------------------------------------------------------------------
\4\ See Memorandum, ``Antidumping Administrative Review of
Circular Welded Pipe from the United Arab Emirates: Post-Preliminary
Determination Regarding Particular Market Situation Allegation,''
dated May 8, 2019.
\5\ The petitioners are Bull Moose Tube Company and Wheatland
Tube Company.
\6\ See Petitioners' Case Brief, ``Circular Welded Carbon-
Quality Steel Pipe from The United Arab Emirates: Petitioners' Brief
Regarding the Particular Market Situation,'' dated May 16, 2019.
\7\ See Universal's Letter, ``Circular Welded Carbon-Quality
Steel Pipe from the United Arab Emirates--Rebuttal Brief Regarding
Petitioners' Particular Market Situation Allegation,'' dated May 21,
2019; and Ajmal Steel's Letter, ``Administrative Review of the
Antidumping Duty Order on Circular Welded Carbon-Quality Steel Pipe
from the United Arab Emirates; Post-Preliminary Determination on
Particular Market Situation: Rebuttal Brief,'' dated May 21, 2019.
\8\ See Memorandum, ``Circular Welded Carbon-Quality Steel Pipe
from the United Arab Emirates: 2016-2017 Administrative Review:
Extension of Deadline for Final Results,'' dated May 23, 2019.
---------------------------------------------------------------------------
Commerce conducted this administrative review in accordance with
section 751 of the Tariff Act of 1930, as amended (the Act).
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.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs are listed in the
appendix to this notice and addressed in the Issues and Decision
Memorandum.\9\ Interested parties can find a complete discussion of
these issues and the corresponding recommendations in this public
memorandum, which 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 is also available to all interested
parties in the Central Records Unit, room B8024, of the main 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.
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\9\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2016-2017 Administrative Review of the
Antidumping Duty Order on Circular Welded Carbon-Quality Steel Pipes
and Tubes from the United Arab Emirates,'' dated concurrently with,
and hereby adopted by, this notice (Issues and Decision Memorandum).
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Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, we made certain
changes to the preliminary weighted-average margin calculations for
Ajmal Steel and those companies not selected for individual review.\10\
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\10\ See Issues and Decision Memorandum.
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Final Results of the Review
We have determined that the following weighted-average dumping
margins exist for the following firms during the period June 8, 2016
through November 30, 2017:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Ajmal Steel Tubes & Pipes Ind. L.L.C. (Ajmal)/Noble Steel 2.83
Industries L.L.C...........................................
Universal Tube and Plastic Industries, Ltd. (UTP)/THL Tube 1.65
and Pipe Industries LLC (TTP)/KHK Scaffolding and Formwork
LLC........................................................
------------------------------------------------------------------------
We have determined that the review-specific average rate is
applicable to the following companies: \11\
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\11\ This rate is based on the simple average of the margins
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....... 2.24
Ferrolab LLC................................................ 2.24
Global Steel Industries..................................... 2.24
Lamprell.................................................... 2.24
Link Middle East Ltd........................................ 2.24
PSL FZE..................................................... 2.24
Three Star Metal Ind LLC.................................... 2.24
------------------------------------------------------------------------
We intend to 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).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR
351.212(b)(1), Commerce has determined, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review.
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 \12\ of the cash
deposit rates calculated for Ajmal Steel and Universal. 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.\13\
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\12\ This rate was calculated as discussed in footnote 10.
\13\ See section 751(a)(2)(C) of the Act.
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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 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
[[Page 44847]]
unreviewed entries at the all-others rate if there is no rate for the
intermediate company(ies) involved in the transaction.\14\
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\14\ 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 administrative review.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results 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 each specific company 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) for previously investigated companies not participating in this
review, the cash deposit will continue to be the company-specific rate
published for the most recently-completed segment of this proceeding;
(3) if the exporter is not a firm covered in this review, or a previous
segment of this proceeding, 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 (4) the cash deposit rate for all
other manufacturers or exporters will continue to be 5.95 percent, the
all-others rate established in the less than fair value
investigation.\15\ These deposit requirements, when imposed, shall
remain in effect until further notice.
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\15\ 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 serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Administrative Protective Order (APO)
This notice serves as the only reminder to parties subject to an
APO of their responsibility concerning the disposition of proprietary
information disclosed under APO in accordance with 19 CFR
351.305(a)(3), which continues to govern business proprietary
information in this segment of the proceeding. Timely written
notification of return/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.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i) of the Act.
Dated: August 20, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Margin Calculations
IV. Discussion of the Issues
1: Existence of a Particular Market Situation (PMS)
2: Billing Adjustments
3: Cost Database
4: Quantity Discounts in the Home Market
5: Level of Trade (LOT) for Universal's Affiliated Resellers
V. Recommendation
[FR Doc. 2019-18437 Filed 8-26-19; 8:45 am]
BILLING CODE 3510-DS-P