Circular Welded Carbon-Quality Steel Pipe From the United Arab Emirates: Final Results of Antidumping Duty Administrative Review; 2017-2018, 77159-77162 [2020-26489]
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Federal Register / Vol. 85, No. 231 / Tuesday, December 1, 2020 / Notices
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specific ad valorem or per-unit
assessment rate is not zero or de
minimis, Commerce will instruct CBP to
collect the appropriate duties at the time
of liquidation. Where either the
respondent’s weighted-average dumping
margin is zero or de minimis, or an
importer-specific ad valorem or per-unit
assessment rate is zero or de minimis,
Commerce will instruct CBP to liquidate
appropriate entries without regard to
AD duties.11 We intend to instruct CBP
to take into account the ‘‘provisional
measures deposit cap,’’ in accordance
with 19 CFR 351.212(d).
Pursuant to Commerce’s practice, for
entries that were not reported in the
U.S. sales data submitted by Chengen
during this review, Commerce will
instruct CBP to liquidate such entries at
the rate for the China-wide entity.12
For the respondents that were not
selected for individual examination in
this administrative review and that
qualified for a separate rate, the
assessment rate will be equal to the
weighted-average dumping margin
determined for Chengen in these final
results of review, identified above. We
will also instruct CBP to take into
account the ‘‘provisional measures
deposit cap’’ in accordance with 19 CFR
351.212(d).
For the seven exporters found not to
qualify for separate rates that are being
treated as part of the China-wide entity,
we will instruct CBP to apply an ad
valorem assessment rate of 183.36
percent, the current rate established for
the China-wide entity, to all entries of
subject merchandise during the POR
which were exported by those
companies.
Commerce intends to issue
assessment instructions to CBP 15 days
after the date of publication of the final
results of this review in the Federal
Register.
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of 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entered, or withdrawn from warehouse,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 Chengen and
other exporters that have been found
eligible for a separate rate in this review
will be equal to the dumping margin
established for Chengen in these final
results of review; (2) for previously
11 Id.,
77 FR at 8103.
Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011), for a full discussion
of this practice.
investigated or reviewed Chinese and
non-Chinese exporters not listed above
that have received a separate rate in a
prior segment of this proceeding, the
cash deposit rate will continue to be the
existing exporter-specific cash deposit
rate published for the completed
segment of the most recent period; (3)
for all Chinese exporters of subject
merchandise that have not been found
to be entitled to a separate rate, the cash
deposit rate will continue to be 183.36
percent, the China-wide rate determined
in the less-than-fair-value investigation;
(4) for all non-Chinese exporters of
subject merchandise that have not
received their own separate rate, the
cash deposit rate will be the rate
applicable to the Chinese exporter that
supplied that non-Chinese exporter.
These cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers
This notice also 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
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
18:11 Nov 30, 2020
Jkt 253001
Dated: November 23, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix I—List of Topics Discussed in
the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether Commerce Should
Postpone the Final Results Until It Is
Able To Conduct Verification
Comment 2: Whether Commerce Should
Apply the Intermediate Input
Methodology
Comment 3: Surrogate Financial Ratios
Comment 4: Separate Rate
Comment 5: Surrogate Values (SVs)
A. SV for Logs
B. SV for Formaldehyde
C. SV for Labor
VI. Recommendation
Appendix II—List of Companies Not
Receiving Separate Rate Status
1. Jiangsu Sunwell Cabinetry Co., Ltd.
2. Linyi Bomei Furniture Co., Ltd.
3. Linyi Dahua Wood Co., Ltd.
4. Pingyi Jinniu Wood Co., Ltd.
5. SAICG International Trading Co., Ltd.
6. Shandong Jinhua International Trading
Co., Ltd.
7. Xuzhou Amish Import & Export Co., Ltd.
[FR Doc. 2020–26495 Filed 11–30–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Administrative Protective Order
This notice serves as a reminder to
parties subject to administrative
protective order (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under the 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 the return or destruction
of APO materials or conversion to
judicial protective order is hereby
requested. Failure to comply with the
regulations and the term of an APO is
a violation subject sanction.
Notification to Interested Parties
We are issuing and publishing these
final results in accordance with sections
751(a)(1) and 777(i) of the Act, and 19
CFR 351.221(b)(5).
12 See
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77159
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[A–520–807]
Circular Welded Carbon-Quality Steel
Pipe From the United Arab Emirates:
Final Results of Antidumping Duty
Administrative Review; 2017–2018
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 fair
value (LTFV) during the period of
review (POR), December 1, 2017
through November 30, 2018.
DATES: Applicable December 1, 2020.
FOR FURTHER INFORMATION CONTACT:
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) 482–6274.
SUPPLEMENTARY INFORMATION:
AGENCY:
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Federal Register / Vol. 85, No. 231 / Tuesday, December 1, 2020 / Notices
Background
This review covers 20 producers and
exporters of the subject merchandise.
Commerce selected two mandatory
respondents for individual examination:
Conares Metal Supply Ltd. (Conares)
and Universal Tube and Plastic
Industries, Ltd./THL Tube and Pipe
Industries LLC/KHK Scaffolding and
Framework LLC (collectively,
Universal). 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 7, 2020, Commerce
published the Preliminary Results.1 In
April and June 2020, the petitioners,2
Nucor Tubular Products Inc., Conares,
and Universal, submitted case and
rebuttal briefs. On April 23, 2020, we
postponed the final results until June 8,
2020.3 On April 24, 2020, Commerce
tolled all deadlines in administrative
reviews by 50 days.4 On July 21, 2020,
Commerce tolled all preliminary and
final deadlines in administrative
reviews by an additional 60 days,
thereby extending the deadline for these
results until November 23, 2020.5
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, end finish, or
industry specification, and generally
known as standard pipe, fence pipe and
tube, sprinkler pipe, or 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
Final Results of the Review
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
We are assigning the following
weighted-average dumping margins to
the firms listed below for the period
December 1, 2017 through November
30, 2018:
Memorandum. 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. 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 Universal and for those
companies not selected for individual
review.7
Weighted-average
dumping margin
(percent)
Exporter/producer
Conares Metal Supply Ltd .............................................................................................................................................................
Universal Tube and Plastic Industries, Ltd./THL Tube and Pipe Industries LLC/KHK Scaffolding and Framework LLC ............
2.49
3.79
Review-Specific Average Rate
Applicable to the Following
Companies: 8
Weighted-average
dumping margin
(percent)
Exporter/producer
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Abu Dhabi Metal Pipes and Profiles Industries Complex .............................................................................................................
Ajmal Steel Tubes & Pipes Ind. L.L.C./Noble Steel Industries L.L.C 9 .........................................................................................
Al Mansoori Industrial Supply ........................................................................................................................................................
Baker Hughes EHO Ltd .................................................................................................................................................................
1 See Circular Welded Carbon-Quality Steel Pipe
from the United Arab Emirates: Preliminary Results
of Antidumping Duty Administrative Review; 2017–
2018, 85 FR 7279 (February 7, 2020) (Preliminary
Results).
2 The petitioners are Bull Moose Tube Company
and Wheatland Tube Company.
3 See Memorandum, ‘‘Circular Welded CarbonQuality Steel Pipe from the United Arab Emirates:
2017–2018 Administrative Review: Extension of
Deadline for Final Results of Antidumping Duty
Administrative Review,’’ dated April 23, 2020.
4 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews in Response to Operational
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Jkt 253001
Adjustments Due to COVID–19,’’ dated April 24,
2020.
5 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews,’’ dated July 21, 2020.
6 For a complete description of the scope of the
order, see Memorandum, ‘‘Decision Memorandum
for the Final Results of the 2017–2018
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 (Issues and Decision Memorandum).
7 See accompanying Issues and Decision
Memorandum.
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8 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 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).
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Federal Register / Vol. 85, No. 231 / Tuesday, December 1, 2020 / Notices
Weighted-average
dumping margin
(percent)
Exporter/producer
BioAir Solutions LLC ......................................................................................................................................................................
Bridgeway Shipping & Clearing Services, LLC .............................................................................................................................
Ferrofab FTZ ..................................................................................................................................................................................
Ferrolab LLC ..................................................................................................................................................................................
Global Steel Industries ..................................................................................................................................................................
Halima Pipe Co., Ltd .....................................................................................................................................................................
K.D. Industries Inc .........................................................................................................................................................................
Lamprell .........................................................................................................................................................................................
Link Middle East Ltd ......................................................................................................................................................................
Noble Marine Metals Co., W.L.L ...................................................................................................................................................
PSL FZE ........................................................................................................................................................................................
Reyah Metal Trading FZE .............................................................................................................................................................
Three Star Metal Ind LLC ..............................................................................................................................................................
Tiger Steel Industries LLC .............................................................................................................................................................
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
khammond on DSKJM1Z7X2PROD with NOTICES4
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),
where Conares 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 weightedaverage 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.
For the companies which were not
selected for individual review, we will
assign an assessment rate based on the
average 10 of the cash deposit rates
calculated for Conares 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
9 We collapsed Ajmal Steel Tubes and Pipes Ind.
L.L.C. and Noble Steel Industries L.L.C. together in
the final results of the 2016–2017 administrative
review. See Circular Welded Carbon-Quality Steel
Pipe from the United Arab Emirates: Final Results
of Antidumping Duty Administrative Review; 2016–
2017, 84 FR 44845 (August 27, 2019).
10 This rate was calculated as discussed in
footnote 8.
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18:11 Nov 30, 2020
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of this review and for future deposits of
estimated duties, where applicable.11
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
unreviewed entries at the all-others rate
if there is no rate for the intermediate
company(ies) involved in the
transaction.
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 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
subject to this review, the cash deposit
will continue to be the companyspecific rate published for the most
recently completed segment of this
proceeding; (3) if the exporter is not a
firm covered in this review, or the
original less-than-fair-value (LTFV)
investigation, but the manufacturer is,
11 See
PO 00000
section 751(a)(2)(C) of the Act.
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3.14
3.14
3.14
3.14
3.14
3.14
3.14
3.14
3.14
3.14
3.14
3.14
then 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 3.14
percent, the all-others rate established
in the LTFV investigation.12 These
deposit requirements, when imposed,
shall remain in effect until further
notice.
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.
Notification Regarding Administrative
Protective Order
This notice serves as the only
reminder to parties subject to
administrative protective order (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
12 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, 91908
(December 19, 2016).
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Constitution Avenue NW, Washington,
DC 20230; Telephone: (202) 482–4849.
SUPPLEMENTARY INFORMATION:
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: November 23, 2020.
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 Issues
Conares-Specific Issues
Comment 1: Application of Adverse Facts
Available (AFA) Based on Alleged Duty
Avoidance Scheme
Comment 2: Failure to Cooperate
Universal-Specific Issues
Comment 3: Universal Level of Trade
(LOT) Adjustment
Comment 4: Section 232 Duties
Comment 5: Convert Currency for
Universal Sales
Comment 6: Adjust Universal Surrogate
Production Cost
V. Recommendation
[FR Doc. 2020–26489 Filed 11–30–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–106]
Wooden Cabinets and Vanities and
Components Thereof From the
People’s Republic of China: Initiation
of Antidumping Duty New Shipper
Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) has determined that a
request for a new shipper review (NSR)
of the antidumping duty order on
wooden cabinets and vanities and
components thereof (wooden cabinets
and vanities) from the People’s Republic
of China (China) meets the statutory and
regulatory requirements for initiation.
The period of review (POR) for the NSR
is April 1, 2020 through September 30,
2020.
DATES: Effective December 1, 2020.
FOR FURTHER INFORMATION CONTACT:
Jacob Keller, AD/CVD Operations Office
I, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
khammond on DSKJM1Z7X2PROD with NOTICES4
AGENCY:
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Jkt 253001
Background
Commerce published the Order on
wooden cabinets and vanities on April
21, 2020.1 On October 30, 2020,
pursuant to section 751(a)(2)(B)(i) of the
Tariff Act of 1930, as amended (the Act),
and 19 CFR 351.214(c), Commerce
received a timely NSR request from
Dalin Hualing Wood Co., Ltd.
(Hualing).2
In its submission, Hualing certified
that it is the exporter of the subject
merchandise subject to this NSR
request.3 Pursuant to section
751(a)(2)(B)(i)(I) of the Act and 19 CFR
351.214(b)(2)(ii)(A), Hualing certified
that it did not export wooden cabinets
and vanities to the United States during
the period of investigation (POI).4
Additionally, pursuant to section
751(a)(2)(B)(i)(II) of the Act and 19 CFR
351.214(b)(2)(iii)(A), Hualing certified
that, since the initiation of the
investigation, it has not been affiliated
with any producer or exporter that
exported wooden cabinets and vanities
to the United States during the POI,
including those not individually
examined during the investigation.5 As
required by 19 CFR 351.214(b)(2)(iii)(B),
Hualing also certified that its export
activities are not controlled by the
central government of China.6 Further,
Hualing stated that it has not made
subsequent shipments of subject
merchandise during the POR.7
In addition to the certifications
described above, pursuant to 19 CFR
351.214(b)(2)(iv), Hualing submitted
documentation establishing the
following: (1) The date on which it first
shipped subject merchandise for export
to the United States; (2) the volume of
its first shipment; and (3) the date of its
first sale to an unaffiliated customer in
the United States.8
Commerce conducted a query of U.S.
Customs and Border Protection (CBP)
data and confirmed that Hualing’s
subject merchandise entered the United
1 See Wooden Cabinets and Vanities and
Components Thereof from the People’s Republic of
China: Antidumping Duty Order, 85 FR 22126
(April 21, 2020) (Order).
2 See Hualing’s Letter, ‘‘Request for Initiation of
a New Shipper Review of the Antidumping Duty
Order on Wooden Cabinets and Vanities and
Components Thereof from the People’s Republic of
China (A–570–106),’’ dated October 30, 2020 (NSR
Request).
3 Id. at Exhibit 1.
4 Id.
5 Id.
6 Id.
7 Id.
8 Id. at Exhibit 2.
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States for consumption and that
liquidation of such entries had been
properly suspended for antidumping
duties. The CBP data that Commerce
examined are consistent with
information provided by Hualing in its
NSR request. In particular, the CBP data
confirm the price and quantity reported
by Hualing for the sale that forms the
basis of its NSR request. 9
Period of Review
In accordance with 19 CFR
351.214(g)(1)(i)(B), the POR for an NSR
initiated in the month immediately
following the semiannual anniversary
month will be the six-month period
immediately preceding the semiannual
anniversary month. Therefore, the POR
for this NSR is April 1, 2020, through
September 30, 2020.
Initiation of NSR
Pursuant to section 751(a)(2)(B) of the
Act and 19 CFR 351.214(b), and based
on the information on the record, we
find that Hualing’s NSR request meets
the threshold requirements for initiation
of an NSR of its shipment(s) of wooden
cabinets and vanities to the United
States.10 However, if the information
supplied by Hualing is later found to be
incorrect or insufficient during the
course of this NSR, Commerce may
rescind the review or apply adverse
facts available, pursuant to section 776
of the Act, as appropriate. Pursuant to
19 CFR 351.221(c)(1)(i), Commerce will
publish the notice of initiation of an
NSR no later than the last day of the
month following the anniversary or
semiannual anniversary month of the
order. Commerce intends to issue the
preliminary results of this review no
later than 180 days from the date of
initiation, and the final results of this
review no later than 90 days after the
date the preliminary results are
issued.11
It is Commerce’s practice in cases
involving non-market economies to
require that a company seeking to
establish eligibility for an antidumping
duty rate separate from the countrywide rate (i.e., separate rate) provide
evidence of de jure and de facto absence
of government control over the
company’s export activities.12
9 Id.; see also Memorandum, ‘‘Wooden Cabinets
and Vanities and Components Thereof from the
People’s Republic of China: Initiation Checklist for
Antidumping Duty New Shipper Review of Dalian
Hualing Wood Co., Ltd.,’’ dated concurrently with
this notice.
10 See generally NSR Request.
11 See section 751(a)(2)(B)(iii) of the Act.
12 See Policy Bulletin 05.1, ‘‘Separate-Rates
Practice and Application of Combination Rates in
Antidumping Investigations Involving Non-Market
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]]>Agencies
[Federal Register Volume 85, Number 231 (Tuesday, December 1, 2020)]
[Notices]
[Pages 77159-77162]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26489]
-----------------------------------------------------------------------
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;
2017-2018
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 fair value (LTFV) during the
period of review (POR), December 1, 2017 through November 30, 2018.
DATES: Applicable December 1, 2020.
FOR FURTHER INFORMATION CONTACT: 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) 482-6274.
SUPPLEMENTARY INFORMATION:
[[Page 77160]]
Background
This review covers 20 producers and exporters of the subject
merchandise. Commerce selected two mandatory respondents for individual
examination: Conares Metal Supply Ltd. (Conares) and Universal Tube and
Plastic Industries, Ltd./THL Tube and Pipe Industries LLC/KHK
Scaffolding and Framework LLC (collectively, Universal). 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 7, 2020, Commerce published the Preliminary Results.\1\
In April and June 2020, the petitioners,\2\ Nucor Tubular Products
Inc., Conares, and Universal, submitted case and rebuttal briefs. On
April 23, 2020, we postponed the final results until June 8, 2020.\3\
On April 24, 2020, Commerce tolled all deadlines in administrative
reviews by 50 days.\4\ On July 21, 2020, Commerce tolled all
preliminary and final deadlines in administrative reviews by an
additional 60 days, thereby extending the deadline for these results
until November 23, 2020.\5\
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\1\ See Circular Welded Carbon-Quality Steel Pipe from the
United Arab Emirates: Preliminary Results of Antidumping Duty
Administrative Review; 2017-2018, 85 FR 7279 (February 7, 2020)
(Preliminary Results).
\2\ The petitioners are Bull Moose Tube Company and Wheatland
Tube Company.
\3\ See Memorandum, ``Circular Welded Carbon-Quality Steel Pipe
from the United Arab Emirates: 2017-2018 Administrative Review:
Extension of Deadline for Final Results of Antidumping Duty
Administrative Review,'' dated April 23, 2020.
\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 Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
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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, end finish, or industry specification, and generally
known as standard pipe, fence pipe and tube, sprinkler pipe, or
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\
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\6\ For a complete description of the scope of the order, see
Memorandum, ``Decision Memorandum for the Final Results of the 2017-
2018 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 (Issues
and Decision Memorandum).
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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. 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. 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
Universal and for those companies not selected for individual
review.\7\
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\7\ See accompanying Issues and Decision Memorandum.
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Final Results of the Review
We are assigning the following weighted-average dumping margins to
the firms listed below for the period December 1, 2017 through November
30, 2018:
------------------------------------------------------------------------
Weighted-average
Exporter/producer dumping margin
(percent)
------------------------------------------------------------------------
Conares Metal Supply Ltd............................. 2.49
Universal Tube and Plastic Industries, Ltd./THL Tube 3.79
and Pipe Industries LLC/KHK Scaffolding and
Framework LLC.......................................
------------------------------------------------------------------------
Review-Specific Average Rate Applicable to the Following Companies:
\8\
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\8\ 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 3.14
Ajmal Steel Tubes & Pipes Ind. L.L.C./Noble Steel 3.14
Industries L.L.C \9\................................
Al Mansoori Industrial Supply........................ 3.14
Baker Hughes EHO Ltd................................. 3.14
[[Page 77161]]
BioAir Solutions LLC................................. 3.14
Bridgeway Shipping & Clearing Services, LLC.......... 3.14
Ferrofab FTZ......................................... 3.14
Ferrolab LLC......................................... 3.14
Global Steel Industries.............................. 3.14
Halima Pipe Co., Ltd................................. 3.14
K.D. Industries Inc.................................. 3.14
Lamprell............................................. 3.14
Link Middle East Ltd................................. 3.14
Noble Marine Metals Co., W.L.L....................... 3.14
PSL FZE.............................................. 3.14
Reyah Metal Trading FZE.............................. 3.14
Three Star Metal Ind LLC............................. 3.14
Tiger Steel Industries LLC........................... 3.14
------------------------------------------------------------------------
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).
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\9\ We collapsed Ajmal Steel Tubes and Pipes Ind. L.L.C. and
Noble Steel Industries L.L.C. together in the final results of the
2016-2017 administrative review. See Circular Welded Carbon-Quality
Steel Pipe from the United Arab Emirates: Final Results of
Antidumping Duty Administrative Review; 2016-2017, 84 FR 44845
(August 27, 2019).
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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), where Conares 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.
For the companies which were not selected for individual review, we
will assign an assessment rate based on the average \10\ of the cash
deposit rates calculated for Conares 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.\11\
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\10\ This rate was calculated as discussed in footnote 8.
\11\ 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 unreviewed
entries at the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction.
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 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 subject to 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 the original less-than-fair-value
(LTFV) investigation, but the manufacturer is, then 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 3.14 percent, the
all-others rate established in the LTFV investigation.\12\ These
deposit requirements, when imposed, shall remain in effect until
further notice.
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\12\ 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, 91908 (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.
Notification Regarding Administrative Protective Order
This notice serves as the only reminder to parties subject to
administrative protective order (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
[[Page 77162]]
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: November 23, 2020.
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 Issues
Conares-Specific Issues
Comment 1: Application of Adverse Facts Available (AFA) Based on
Alleged Duty Avoidance Scheme
Comment 2: Failure to Cooperate
Universal-Specific Issues
Comment 3: Universal Level of Trade (LOT) Adjustment
Comment 4: Section 232 Duties
Comment 5: Convert Currency for Universal Sales
Comment 6: Adjust Universal Surrogate Production Cost
V. Recommendation
[FR Doc. 2020-26489 Filed 11-30-20; 8:45 am]
BILLING CODE 3510-DS-P
