Certain Small Diameter Carbon and Alloy Seamless Standard, Line and Pressure Pipe From Romania: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2018-2019, 27359-27361 [2020-09905]
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Federal Register / Vol. 85, No. 90 / Friday, May 8, 2020 / Notices
Any party having a substantial
interest in these proceedings may
request a public hearing on the matter.
A written request for a hearing must be
submitted to the Trade Adjustment
Assistance Division, Room 71030,
Economic Development Administration,
U.S. Department of Commerce,
Washington, DC 20230, no later than ten
(10) calendar days following publication
of this notice. These petitions are
received pursuant to section 251 of the
Trade Act of 1974, as amended.
Please follow the requirements set
forth in EDA’s regulations at 13 CFR
315.9 for procedures to request a public
hearing. The Catalog of Federal
Domestic Assistance official number
and title for the program under which
these petitions are submitted is 11.313,
Trade Adjustment Assistance for Firms.
Miriam Kearse,
Lead Program Analyst.
[FR Doc. 2020–09891 Filed 5–7–20; 8:45 am]
BILLING CODE 3510–WH–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–485–805]
Certain Small Diameter Carbon and
Alloy Seamless Standard, Line and
Pressure Pipe From Romania:
Preliminary Results of Antidumping
Duty Administrative Review and
Preliminary Determination of No
Shipments; 2018–2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that S.C. Silcotub S.A. (Silcotub), a
producer/exporter of certain small
diameter carbon and alloy seamless
standard, line and pressure pipe (small
diameter seamless pipe) from Romania,
did not sell subject merchandise at
prices below normal value (NV) during
the period of review (POR) August 1,
2018 through July 31, 2019. In addition,
Commerce preliminarily determines
that ArcelorMittal Tubular Products
Roman S.A. (ArcelorMittal) had no
shipments of subject merchandise
during the POR. We invite interested
parties to comment on these preliminary
results.
DATES: Applicable May 8, 2020.
FOR FURTHER INFORMATION CONTACT: Kate
Johnson or Samantha Kinney, AD/CVD
Operations, Office VIII, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
AGENCY:
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17:46 May 07, 2020
Jkt 250001
NW, Washington, DC 20230; telephone:
(202) 482–4929 or (202) 482–2285,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 7, 2019, in accordance
with 19 CFR 351.221(c)(1)(i), Commerce
published a notice of initiation of an
administrative review of the
antidumping duty order on small
diameter seamless pipe from Romania
covering four producers/exporters.1 On
October 15, 2019, United States Steel
Corporation (the petitioner) withdrew
its request for administrative review of
SC TMK-Artrom S.A. (TMK-Artrom)
and SC Tubinox S.A. (Tubinox).2 Based
on this request, we rescinded this
review with respect to TMK-Artrom and
Tubinox, in accordance with 19 CFR
351.213(d)(1).3 The administrative
review remains active with respect to
the two remaining companies for which
a review was initiated, i.e.,
ArcelorMittal and Silcotub.
On April 24, 2020, Commerce tolled
all deadlines in administrative reviews
by 50 days, thereby extending the
deadline for these results until June 22,
2020.4
Scope of the Order
The merchandise covered by the
Order 5 is small diameter seamless pipe
from Romania. The product is currently
classified under subheadings
7304.10.10.20, 7304.10.50.20,
7304.19.10.20, 7304.19.50.20,
7304.31.30.00, 7304.31.60.50,
7304.39.00.16, 7304.39.00.20,
7304.39.00.24, 7304.39.00.28,
7304.39.00.32, 7304.51.50.05,
7304.51.50.60, 7304.59.60.00,
7304.59.80.10, 7304.59.80.15,
7304.59.80.20, and 7304.59.80.25 of the
Harmonized Tariff Schedule of the
United States (HTSUS). Although the
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
53411 (October 7, 2019).
2 See Petitioner’s Letter,’’ Carbon and Alloy
Seamless Standard Line, and Pressure Pipe (Under
4.5 Inches) from Romania: Partial Withdrawal of
Request for Administrative Review of Antidumping
Duty Order,’’ dated October 15, 2019.
3 See Carbon and Alloy Seamless Standard, Line
and Pressure Pipe (Under 4.5 Inches) from
Romania: Partial Rescission of Antidumping Duty
Administrative Review; 2018–2019, 84 FR 58684
(November 1, 2019).
4 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews in Response to Operational
Adjustments Due to COVID–19,’’ dated April 24,
2020.
5 See Notice of Amended Final Determination of
Sales at Less Than Fair Value and Antidumping
Duty Order: Certain Small Diameter Carbon and
Alloy Seamless Standard, Line and Pressure Pipe
from Romania, 65 FR 48963 (August 10, 2000)
(Order).
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Sfmt 4703
27359
HTSUS subheadings are provided for
convenience and customs purposes, the
written description of merchandise
subject to the scope is dispositive. For
a full description of the Scope of the
Order, see the Preliminary Decision
Memorandum.6
Methodology
Commerce is conducting this review
in accordance with sections 751(a)(1)(B)
and (2) of the Tariff Act of 1930, as
amended (the Act). Constructed export
price (CEP) is calculated in accordance
with section 772 of the Act. NV 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. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
at https://enforcement.trade.gov/frn/
index.html. 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 Determination of No
Shipments
We preliminarily determine that
ArcelorMittal had no shipments of the
subject merchandise to the United
States during the POR.7 Consistent with
its practice, Commerce finds that it is
not appropriate to preliminarily rescind
the review with respect to
ArcelorMittal, but rather to complete the
review and issue appropriate
instructions to CBP based on the final
results of this review.
Preliminary Results of Review
As a result of this review, Commerce
preliminarily determines that the
following weighted-average dumping
margin exists for the period August 1,
2018 through July 31, 2019:
6 See Memorandum, ‘‘Certain Small Diameter
Carbon and Alloy Seamless Standard, Line and
Pressure Pipe from Romania: Decision
Memorandum for Preliminary Results of
Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2018–
2019,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
7 Id.
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27360
Federal Register / Vol. 85, No. 90 / Friday, May 8, 2020 / Notices
Commerce intends to hold the hearing
at the U.S. Department of Commerce,
Producer/exporter
1401 Constitution Avenue NW,
Washington, DC 20230, at a time and
date to be determined. Parties should
S.C. Silcotub S.A ..................
0.00 confirm by telephone the date, time and
location of the hearing two days before
the scheduled date.
Disclosure and Public Comment
Unless the deadline is extended
Commerce intends to disclose the
pursuant to section 751(a)(3)(A) of the
calculations performed in connection
Act and 19 CFR 351.213(h)(2),
with these preliminary results to
Commerce intends to issue the final
interested parties within five days after
results of this administrative review,
the date of publication of this notice in
including the results of its analysis of
accordance with 19 CFR 351.224(b).
issues raised in any written briefs, not
Interested parties may submit case
later than 120 days after the date of
briefs to Commerce no later than 30
publication of this notice.
days after the date of publication of this
8
Assessment Rates
Rebuttal
briefs,
limited
to
issues
notice.
raised in the case briefs, may be filed no
Upon issuance of the final results,
later than seven days after the date for
Commerce shall determine, and CBP
9
filing case briefs. Note that Commerce
shall assess, antidumping duties on all
has temporarily modified certain of its
appropriate entries covered by this
requirements for serving documents
review.14
containing business proprietary
If Silcotub’s calculated weightedinformation, until May 19, 2020, unless
average dumping margin is above de
extended.10 Pursuant to 19 CFR
minimis (i.e., greater than or equal to
351.309(c)(2) and (d)(2), parties who
0.50 percent) in the final results of this
submit case briefs or rebuttal briefs in
review, we will calculate importerthis proceeding are encouraged to
specific ad valorem duty assessment
submit with each argument: (1) A
rates based on the ratio of the total
statement of the issue; (2) a brief
amount of antidumping duties
summary of the argument; and (3) a
calculated for the examined sales to the
table of authorities.
total entered value of the examined
All submissions to Commerce must be sales to that importer, and we will
filed electronically using Enforcement
instruct CBP to assess antidumping
and Compliance’s electronic records
duties on all appropriate entries covered
system, ACCESS,11 and must also be
by this review. If Silcotub’s weightedserved on interested parties.12 An
average dumping margin continues to be
electronically filed document must be
zero or de minimis, or an importerreceived successfully in its entirety by
specific assessment rate is zero or de
ACCESS, by 5:00 p.m. Eastern Time on
minimis, we will instruct CBP to
the date that the document is due.
liquidate the appropriate entries
Interested parties who wish to request without regard to antidumping duties.15
a hearing must submit a written request
In accordance with the Department’s
to the Assistant Secretary for
‘‘automatic assessment’’ practice, for
Enforcement and Compliance, U.S.
entries of subject merchandise during
Department of Commerce, using
the POR produced by Silcotub for which
ACCESS within 30 days of publication
it did not know its merchandise was
of this notice.13 Requests should
destined for the United States, we will
contain: (1) The party’s name, address,
instruct CBP to liquidate unreviewed
and telephone number; (2) the number
entries at the all-others rate if there is no
of participants; and (3) a list of issues to rate for the intermediate company (or
be discussed. Issues raised in the
companies) involved in the
hearing will be limited to issues raised
transaction.16
If we continue to find in the final
in the respective case and rebuttal
briefs. If a request for a hearing is made, results that ArcelorMittal had no
shipments of subject merchandise, for
8 See 19 CFR 351.309(c)(1)(ii).
entries of subject merchandise during
9 See 19 CFR 351.309(d); see also Temporary Rule
the POR produced by ArcelorMittal for
Modifying AD/CVD Service Requirements Due to
which it did not know that the
COVID–19, 85 FR 17006 (March 26, 2020)
merchandise was destined for the
(Temporary Rule) (‘‘To provide adequate time for
United States, we will instruct CBP to
release of case briefs via ACCESS, E&C intends to
Weightedaverage
dumping
margin
percent)
schedule the due date for all rebuttal briefs to be
7 days after case briefs are filed (while these
modifications are in effect).’’).
10 See Temporary Rule.
11 See 19 CFR 351.303.
12 See 19 CFR 351.303(f).
13 See 19 CFR 351.310(c).
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17:46 May 07, 2020
Jkt 250001
14 See
19 CFR 351.212(b)(1).
19 CFR 351.106(c)(2).
16 For a full discussion of this clarification, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
15 See
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Frm 00009
Fmt 4703
Sfmt 4703
liquidate un-reviewed entries at the allothers rate if there is no rate for the
intermediate company(ies) involved in
the transaction.
We intend to issue instructions to
CBP 15 days after the publication date
of the final results of this review.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the notice of final results
of administrative review for all
shipments of small diameter seamless
pipe from Romania entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication as provided by section
751(a)(2) of the Act: (1) The cash deposit
rate for Silcotub will be the rate
established in the final results of this
administrative review, except if the rate
is de minimis within the meaning of 19
CFR 351.106(c)(1) (i.e., less than 0.50
percent), in which case the cash deposit
rate will be zero; (2) for merchandise
exported by manufacturers or exporters
not covered in this review but covered
in a prior segment of the proceeding, the
cash deposit rate will continue to be the
company-specific rate published for the
most recently-completed segment; (3) if
the exporter is not a firm covered in this
review, a prior review, or the original
investigation but the manufacturer is,
then the cash deposit rate will be the
rate established for the most recentlycompleted segment for the manufacturer
of the merchandise; and (4) the cash
deposit rate for all other manufacturers
or exporters will continue to be 13.06
percent, the all-others rate established
in the less-than-fair-value
investigation.17 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice also serves as a
preliminary 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
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(4).
17 See
E:\FR\FM\08MYN1.SGM
Order, 65 FR at 48965.
08MYN1
Federal Register / Vol. 85, No. 90 / Friday, May 8, 2020 / Notices
Dated: May 4, 2020.
Jeffrey I. Kessler,
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. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2020–09905 Filed 5–7–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–848]
Stilbenic Optical Brightening Agents
From Taiwan: Preliminary Results of
Antidumping Duty Administrative
Review; 2018–2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that Teh Fong Min International Co.,
Ltd. (TFM), the sole producer and/or
exporter subject to this administrative
review, made sales of subject
merchandise at less than normal value.
Interested parties are invited to
comment on the preliminary results of
this review.
DATES: Applicable May 8, 2020.
FOR FURTHER INFORMATION CONTACT:
Bryan Hansen, AD/CVD Operations,
Office I, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone (202) 482–3683.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On July 15, 2019, Commerce initiated
the administrative review of the
antidumping duty order on stilbenic
optical brightening agents (OBAs) from
Taiwan.1 The period of review is May 1,
2018 through April 30, 2019.
On January 14, 2020, we extended the
due date for the preliminary results of
this review from January 31, 2020 to
May 22, 2020. On April 24, 2020,
Commerce tolled all deadlines in
administrative reviews by 50 days,
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
33739, 33743 (July 15, 2019) (Initiation Notice).
VerDate Sep<11>2014
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27361
thereby extending the deadline for these
results until July 13, 2020.2
Decision Memorandum are identical in
content.
Scope of the Order
The merchandise subject to the
Order 3 is OBAs and is currently
classifiable under subheadings
3204.20.8000, 2933.69.6050,
2921.59.4000 and 2921.59.8090 of the
Harmonized Tariff Schedule of the
United States (HTSUS). While the
HTSUS numbers are provided for
convenience and customs purposes, the
written product description is
dispositive. A full description of the
scope of the Order is contained in the
Preliminary Decision Memorandum.4
Preliminary Results of the
Administrative Review
We preliminarily determine that the
following weighted-average dumping
margins exist for TFM for the period
May 1, 2018 through April 30, 2019:
Methodology
Commerce is conducting this review
in accordance with section 751 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. A list of the
topics included in the Preliminary
Decision Memorandum is included in
the Appendix to this notice. The
Preliminary Decision Memorandum is a
public document and is made available
to the public 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. In addition, a
complete version of the Preliminary
Decision Memorandum can be found at
https://enforcement.trade.gov/frn/
index.html. The signed Issues and
Decision Memorandum and the
electronic version of the Issues and
Disclosure and Public Comment
We intend to disclose the calculations
performed for these preliminary results
to the parties within five days after
public announcement of the preliminary
results in accordance with 19 CFR
351.224(b). Pursuant to 19 CFR
351.309(c), interested parties may
submit case briefs not later than 30 days
after the date of publication of this
notice. Rebuttal briefs, limited to issues
raised in the case briefs, may be filed
not later than seven days after the date
for filing case briefs.5 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.6 Note that
Commerce has temporarily modified
certain of its requirements for serving
documents containing business
proprietary information, until May 19,
2020, unless extended.7
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
Commerce’s electronic records system,
ACCESS, no later than 5:00 p.m. Eastern
Time within 30 days after the date of
publication of this notice.8 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 those
raised in the respective case briefs.
Commerce intends to issue the final
2 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews in Response to Operational
Adjustments Due to COVID–19,’’ dated April 24,
2020. Commerce’s practice dictates that, where a
deadline falls on a weekend or federal holiday, the
appropriate deadline is the next business day. See
Notice of Clarification: Application of ‘‘Next
Business Day’’ Rule for Administrative
Determination Deadlines Pursuant to the Tariff Act
of 1930, As Amended, 70 FR 24533 (May 10, 2005).
We note that 50 days after May 22, 2020 is July 11,
2020. However, because that date is a Saturday, the
current deadline is Monday, July 13, 2020.
3 See Certain Stilbenic Optical Brightening Agents
from Taiwan: Amended Final Determination of
Sales at Less Than Fair Value and Antidumping
Duty Order, 77 FR 27419 (May 10, 2012) (Order).
4 See ‘‘Certain Stilbenic Optical Brightening
Agents from Taiwan: Decision Memorandum for
Preliminary Results of Antidumping Duty
Administrative Review; 2018–2019,’’ dated
concurrently with and hereby adopted by this
notice (Preliminary Decision Memorandum).
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Producer/exporter
Teh Fong Min International Co.,
Ltd ...........................................
5 See
Weightedaverage
dumping
margin
(percent)
4.61
19 CFR 351.309(d).
19 CFR 351.309(c)(2) and (d)(2).
7 See Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19, 85 FR 17006
(March 26, 2020).
8 See 19 CFR 351.310(c).
6 See
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]]>Agencies
[Federal Register Volume 85, Number 90 (Friday, May 8, 2020)]
[Notices]
[Pages 27359-27361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09905]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-485-805]
Certain Small Diameter Carbon and Alloy Seamless Standard, Line
and Pressure Pipe From Romania: Preliminary Results of Antidumping Duty
Administrative Review and Preliminary Determination of No Shipments;
2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that S.C. Silcotub S.A. (Silcotub), a producer/exporter of certain
small diameter carbon and alloy seamless standard, line and pressure
pipe (small diameter seamless pipe) from Romania, did not sell subject
merchandise at prices below normal value (NV) during the period of
review (POR) August 1, 2018 through July 31, 2019. In addition,
Commerce preliminarily determines that ArcelorMittal Tubular Products
Roman S.A. (ArcelorMittal) had no shipments of subject merchandise
during the POR. We invite interested parties to comment on these
preliminary results.
DATES: Applicable May 8, 2020.
FOR FURTHER INFORMATION CONTACT: Kate Johnson or Samantha Kinney, AD/
CVD Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-4929 or (202)
482-2285, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 7, 2019, in accordance with 19 CFR 351.221(c)(1)(i),
Commerce published a notice of initiation of an administrative review
of the antidumping duty order on small diameter seamless pipe from
Romania covering four producers/exporters.\1\ On October 15, 2019,
United States Steel Corporation (the petitioner) withdrew its request
for administrative review of SC TMK-Artrom S.A. (TMK-Artrom) and SC
Tubinox S.A. (Tubinox).\2\ Based on this request, we rescinded this
review with respect to TMK-Artrom and Tubinox, in accordance with 19
CFR 351.213(d)(1).\3\ The administrative review remains active with
respect to the two remaining companies for which a review was
initiated, i.e., ArcelorMittal and Silcotub.
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 53411 (October 7, 2019).
\2\ See Petitioner's Letter,'' Carbon and Alloy Seamless
Standard Line, and Pressure Pipe (Under 4.5 Inches) from Romania:
Partial Withdrawal of Request for Administrative Review of
Antidumping Duty Order,'' dated October 15, 2019.
\3\ See Carbon and Alloy Seamless Standard, Line and Pressure
Pipe (Under 4.5 Inches) from Romania: Partial Rescission of
Antidumping Duty Administrative Review; 2018-2019, 84 FR 58684
(November 1, 2019).
---------------------------------------------------------------------------
On April 24, 2020, Commerce tolled all deadlines in administrative
reviews by 50 days, thereby extending the deadline for these results
until June 22, 2020.\4\
---------------------------------------------------------------------------
\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews in Response to
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the Order \5\ is small diameter seamless
pipe from Romania. The product is currently classified under
subheadings 7304.10.10.20, 7304.10.50.20, 7304.19.10.20, 7304.19.50.20,
7304.31.30.00, 7304.31.60.50, 7304.39.00.16, 7304.39.00.20,
7304.39.00.24, 7304.39.00.28, 7304.39.00.32, 7304.51.50.05,
7304.51.50.60, 7304.59.60.00, 7304.59.80.10, 7304.59.80.15,
7304.59.80.20, and 7304.59.80.25 of the Harmonized Tariff Schedule of
the United States (HTSUS). Although the HTSUS subheadings are provided
for convenience and customs purposes, the written description of
merchandise subject to the scope is dispositive. For a full description
of the Scope of the Order, see the Preliminary Decision Memorandum.\6\
---------------------------------------------------------------------------
\5\ See Notice of Amended Final Determination of Sales at Less
Than Fair Value and Antidumping Duty Order: Certain Small Diameter
Carbon and Alloy Seamless Standard, Line and Pressure Pipe from
Romania, 65 FR 48963 (August 10, 2000) (Order).
\6\ See Memorandum, ``Certain Small Diameter Carbon and Alloy
Seamless Standard, Line and Pressure Pipe from Romania: Decision
Memorandum for Preliminary Results of Antidumping Duty
Administrative Review and Preliminary Determination of No Shipments;
2018-2019,'' dated concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with sections
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act).
Constructed export price (CEP) is calculated in accordance with section
772 of the Act. NV 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. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed 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 Determination of No Shipments
We preliminarily determine that ArcelorMittal had no shipments of
the subject merchandise to the United States during the POR.\7\
Consistent with its practice, Commerce finds that it is not appropriate
to preliminarily rescind the review with respect to ArcelorMittal, but
rather to complete the review and issue appropriate instructions to CBP
based on the final results of this review.
---------------------------------------------------------------------------
\7\ Id.
---------------------------------------------------------------------------
Preliminary Results of Review
As a result of this review, Commerce preliminarily determines that
the following weighted-average dumping margin exists for the period
August 1, 2018 through July 31, 2019:
[[Page 27360]]
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping margin
percent)
------------------------------------------------------------------------
S.C. Silcotub S.A....................................... 0.00
------------------------------------------------------------------------
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 in accordance
with 19 CFR 351.224(b).
Interested parties may submit case briefs to Commerce no later than
30 days after the date of publication of this notice.\8\ Rebuttal
briefs, limited to issues raised in the case briefs, may be filed no
later than seven days after the date for filing case briefs.\9\ Note
that Commerce has temporarily modified certain of its requirements for
serving documents containing business proprietary information, until
May 19, 2020, unless extended.\10\ Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), 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.
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\8\ See 19 CFR 351.309(c)(1)(ii).
\9\ See 19 CFR 351.309(d); see also Temporary Rule Modifying AD/
CVD Service Requirements Due to COVID-19, 85 FR 17006 (March 26,
2020) (Temporary Rule) (``To provide adequate time for release of
case briefs via ACCESS, E&C intends to schedule the due date for all
rebuttal briefs to be 7 days after case briefs are filed (while
these modifications are in effect).'').
\10\ See Temporary Rule.
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All submissions to Commerce must be filed electronically using
Enforcement and Compliance's electronic records system, ACCESS,\11\ and
must also be served on interested parties.\12\ An electronically filed
document must be received successfully in its entirety by ACCESS, by
5:00 p.m. Eastern Time on the date that the document is due.
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\11\ See 19 CFR 351.303.
\12\ See 19 CFR 351.303(f).
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Interested parties who wish to request a hearing must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, U.S. Department of Commerce, using ACCESS within 30 days of
publication of this notice.\13\ 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 respective case
and rebuttal briefs. If a request for a hearing is made, Commerce
intends to hold the hearing at the U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230, at a time and date to be
determined. Parties should confirm by telephone the date, time and
location of the hearing two days before the scheduled date.
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\13\ See 19 CFR 351.310(c).
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Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act and 19 CFR 351.213(h)(2), Commerce intends to issue the final
results of this administrative review, including the results of its
analysis of issues raised in any written briefs, not later than 120
days after the date of publication of this notice.
Assessment Rates
Upon issuance of the final results, Commerce shall determine, and
CBP shall assess, antidumping duties on all appropriate entries covered
by this review.\14\
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\14\ See 19 CFR 351.212(b)(1).
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If Silcotub's calculated weighted-average dumping margin is above
de minimis (i.e., greater than or equal to 0.50 percent) in the final
results of this review, we will calculate importer-specific ad valorem
duty assessment rates based on the ratio of the total amount of
antidumping duties calculated for the examined sales to the total
entered value of the examined sales to that importer, and we will
instruct CBP to assess antidumping duties on all appropriate entries
covered by this review. If Silcotub's weighted-average dumping margin
continues to be zero or de minimis, or an importer-specific assessment
rate is zero or de minimis, we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties.\15\
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\15\ See 19 CFR 351.106(c)(2).
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In accordance with the Department's ``automatic assessment''
practice, for entries of subject merchandise during the POR produced by
Silcotub for which it did not know its merchandise was destined for the
United States, we will instruct CBP to liquidate unreviewed entries at
the all-others rate if there is no rate for the intermediate company
(or companies) involved in the transaction.\16\
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\16\ For a full discussion of this clarification, see
Antidumping and Countervailing Duty Proceedings: Assessment of
Antidumping Duties, 68 FR 23954 (May 6, 2003).
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If we continue to find in the final results that ArcelorMittal had
no shipments of subject merchandise, for entries of subject merchandise
during the POR produced by ArcelorMittal for which it did not know that
the merchandise was destined for the United States, we will instruct
CBP to liquidate un-reviewed entries at the all-others rate if there is
no rate for the intermediate company(ies) involved in the transaction.
We intend to issue instructions to CBP 15 days after the
publication date of the final results of this review.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the notice of final results of administrative review for
all shipments of small diameter seamless pipe from Romania entered, or
withdrawn from warehouse, for consumption on or after the date of
publication as provided by section 751(a)(2) of the Act: (1) The cash
deposit rate for Silcotub will be the rate established in the final
results of this administrative review, except if the rate is de minimis
within the meaning of 19 CFR 351.106(c)(1) (i.e., less than 0.50
percent), in which case the cash deposit rate will be zero; (2) for
merchandise exported by manufacturers or exporters not covered in this
review but covered in a prior segment of the proceeding, the cash
deposit rate will continue to be the company-specific rate published
for the most recently-completed segment; (3) if the exporter is not a
firm covered in this review, a prior review, or the original
investigation but the manufacturer is, then the cash deposit rate will
be the rate established for the most recently-completed segment for the
manufacturer of the merchandise; and (4) the cash deposit rate for all
other manufacturers or exporters will continue to be 13.06 percent, the
all-others rate established in the less-than-fair-value
investigation.\17\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\17\ See Order, 65 FR at 48965.
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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)(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 Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).
[[Page 27361]]
Dated: May 4, 2020.
Jeffrey I. Kessler,
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. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2020-09905 Filed 5-7-20; 8:45 am]
BILLING CODE 3510-DS-P
