Circular Welded Carbon-Quality Steel Pipe From the United Arab Emirates: Amended Final Results of Antidumping Duty Administrative Review; 2017-2018, 289-291 [2020-29180]
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Federal Register / Vol. 86, No. 2 / Tuesday, January 5, 2021 / Notices
as interested parties to a proceeding
contact Commerce in writing within 10
days of the publication of the Notice of
Initiation.
Please note that if Commerce receives
a Notice of Intent to Participate from a
member of the domestic industry within
15 days of the date of initiation, the
review will continue.
Thereafter, any interested party
wishing to participate in the Sunset
Review must provide substantive
comments in response to the notice of
initiation no later than 30 days after the
date of initiation. Note that Commerce
has modified certain of its requirements
for serving documents containing
business proprietary information, until
further notice.1
This notice is not required by statute
but is published as a service to the
international trading community.
Dated: December 18, 2020.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2020–29121 Filed 1–4–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
the antidumping duty (AD) order on
circular welded carbon-quality steel
pipe (CWP) from the United Arab
Emirates (UAE) to correct a ministerial
error.
DATES: Applicable January 5, 2021.
FOR FURTHER INFORMATION CONTACT:
Benjamin Luberda, 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) 482–2185.
SUPPLEMENTARY INFORMATION:
Background
On December 1, 2020, Commerce
published the Final Results of the 2017–
2018 administrative review of CWP
from the UAE in the Federal Register.1
On November 30, 2020, Universal Tube
and Plastic Industries, Ltd., KHK
Scaffolding and Framework LLC, and
THL Pipe and Tube Industries LLC
(collectively, Universal), one of two
companies selected for individual
examination in this administrative
review, alleged the existence of a
ministerial error in Commerce’s Final
Results.2
Legal Framework
International Trade Administration
[A–520–807]
Circular Welded Carbon-Quality Steel
Pipe From the United Arab Emirates:
Amended Final Results of
Antidumping Duty Administrative
Review; 2017–2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is amending the final
results of the administrative review of
AGENCY:
A ministerial error, as defined in
section 751(h) of the Tariff Act of 1930,
as amended (the Act), includes ‘‘errors
in addition, subtraction, or other
arithmetic function, clerical errors
resulting from inaccurate copying,
duplication, or the like, and any other
type of unintentional error which the
administering authority considers
ministerial.’’ 3 With respect to final
results of administrative reviews, 19
CFR 351.224(e) provides that Commerce
‘‘will analyze any comments received
and, if appropriate, correct any
289
ministerial error by amending . . . the
final results of review.’’
Ministerial Error
Commerce committed an inadvertent
error within the meaning of section
751(h) of the Act and 19 CFR 351.224(f)
by incorrectly calculating Universal’s
home market commissions.
Accordingly, we determine, in
accordance with section 751(h) of the
Act and 19 CFR 351.224(f), that we
made a ministerial error in the Final
Results. Pursuant to 19 CFR 351.224(e),
we are amending the Final Results to
correct this error. This correction results
in a change to Universal’s weightedaverage dumping margin and also
changes the rate calculated for the nonindividually-examined companies. For a
detailed discussion of the ministerial
error allegation, as well as Commerce’s
analysis, see Ministerial Error
Memorandum.4
Correction
Subsequent to the publication of the
notice in the Federal Register, we
identified an inadvertent error in the
Final Results in addition to the one
alleged by Universal. Specifically,
Commerce inadvertently referenced the
review-specific rate of 3.14 percent as
the all-others rate in the cash deposit
section of the notice. However, the allothers rate, established in the
investigation, is 5.95 percent.5 The
corrected cash deposit section of the
notice is below.
Amended 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
dumping margin
(percent)
Producers/exporters
Conares Metal Supply Ltd ...........................................................................................................................................................
Universal Tube and Plastic Industries, Ltd./THL Tube and Pipe Industries LLC/KHK Scaffolding and Framework LLC 8 .......
2.49
3.63
Review-Specific Average Rate Applicable to the Following Companies: 6
jbell on DSKJLSW7X2PROD with NOTICES
Abu Dhabi Metal Pipes and Profiles Industries Complex ...........................................................................................................
Ajmal Steel Tubes & Pipes Ind. L.L.C./Noble Steel Industries L.L.C. 7 ......................................................................................
Al Mansoori Industrial Supply ......................................................................................................................................................
Baker Hughes EHO Ltd ...............................................................................................................................................................
BioAir Solutions LLC ....................................................................................................................................................................
1 See Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020).
1 See Circular Welded Carbon-Quality Steel Pipe
from the United Arab Emirates: Final Results of
Antidumping Duty Administrative Review; 2017–
2018, 85 FR 77159 (December 1, 2020) (Final
Results), and accompanying Issues and Decision
Memorandum.
VerDate Sep<11>2014
17:09 Jan 04, 2021
Jkt 253001
2 See Universal’s Letter, ‘‘Circular Welded
Carbon-Quality Steel Pipe from the United Arab
Emirates—Ministerial Error Comments,’’ dated
November 30, 2020.
3 See 19 CFR 351.224(f).
4 See Memorandum, ‘‘Less-Than-Fair-Value
Administrative Review of Circular Welded CarbonQuality Steel Pipe from the United Arab Emirates:
Allegation of Ministerial Errors in the Final
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
3.06
3.06
3.06
3.06
3.06
Determination,’’ dated concurrently with this notice
(Ministerial Error Memorandum).
5 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).
E:\FR\FM\05JAN1.SGM
05JAN1
290
Federal Register / Vol. 86, No. 2 / Tuesday, January 5, 2021 / Notices
Weighted-average
dumping margin
(percent)
Producers/exporters
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 ...........................................................................................................................................................
Disclosure
We intend to disclose the calculations
performed for these amended final
results in accordance with 19 CFR
351.224(b).
Antidumping Duty Assessment
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
amended final results of this review.
Pursuant to 19 CFR 351.212(b)(1),
because Conares Metal Supply Ltd and
Universal reported the entered value of
their U.S. sales, we calculated importerspecific 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 an importerspecific rate is zero or de minimis
within the meaning of 19 CFR
351.106(c)(1), 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
jbell on DSKJLSW7X2PROD with NOTICES
6 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).
7 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).
8 This rate was calculated as discussed in a n.6,
supra.
VerDate Sep<11>2014
17:09 Jan 04, 2021
Jkt 253001
assign an assessment rate based on the
average 8 of the cash deposit rates
calculated for Conares Metal Supply Ltd
and Universal. The amended final
results of this review shall be the basis
for the assessment of antidumping
duties on entries of merchandise
covered by the amended final results of
this review and for future deposits of
estimated duties, where applicable.9
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 for Universal and the
companies covered by the non-reviewed
companies’ rate to CBP 15 days after
publication of these amended 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 December 1,
2020, the date of 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 amended final results; (2) for
previously reviewed or investigated
companies, including those for which
Commerce may have determined had no
shipments during the POR, the cash
9 See
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section 751(a)(2)(C) of the Act.
Frm 00006
Fmt 4703
Sfmt 4703
3.06
3.06
3.06
3.06
3.06
3.06
3.06
3.06
3.06
3.06
3.06
3.06
3.06
deposit will continue to be the
company-specific rate published for the
most recently completed segment of this
proceeding in which the company
participated; (3) if the exporter is not a
firm covered in this or an earlier review,
or the original less-than-fair-value
(LTFV) investigation, but the
manufacturer is, the cash deposit rate
will be the rate established for the most
recently completed segment of this
proceeding for the manufacturer of the
merchandise; and (4) if neither the
exporter nor the manufacturer is a firm
covered in this or any previously
completed segment of this proceeding,
then the cash deposit rate will be the
all-others rate of 5.95 percent
established in the LTFV investigation.10
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 doubled antidumping
duties.
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
10 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).
E:\FR\FM\05JAN1.SGM
05JAN1
Federal Register / Vol. 86, No. 2 / Tuesday, January 5, 2021 / Notices
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
This amended notice is issued and
published in accordance with sections
751(h) and 777(i) of the Act.
Dated: December 28, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2020–29180 Filed 1–4–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Antidumping or Countervailing Duty
Order, Finding, or Suspended
Investigation; Opportunity To Request
Administrative Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
FOR FURTHER INFORMATION CONTACT:
Brenda E. Brown, Office of AD/CVD
Operations, Customs Liaison Unit,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230, telephone: (202) 482–4735.
SUPPLEMENTARY INFORMATION:
jbell on DSKJLSW7X2PROD with NOTICES
AGENCY:
Background
Each year during the anniversary
month of the publication of an
antidumping or countervailing duty
order, finding, or suspended
investigation, an interested party, as
defined in section 771(9) of the Tariff
Act of 1930, as amended (the Act), may
request, in accordance with 19 CFR
351.213, that the Department of
Commerce (Commerce) conduct an
administrative review of that
antidumping or countervailing duty
order, finding, or suspended
investigation.
All deadlines for the submission of
comments or actions by Commerce
discussed below refer to the number of
calendar days from the applicable
starting date.
Respondent Selection
In the event Commerce limits the
number of respondents for individual
VerDate Sep<11>2014
17:09 Jan 04, 2021
Jkt 253001
examination for administrative reviews
initiated pursuant to requests made for
the orders identified below, Commerce
intends to select respondents based on
U.S. Customs and Border Protection
(CBP) data for U.S. imports during the
period of review. We intend to release
the CBP data under Administrative
Protective Order (APO) to all parties
having an APO within five days of
publication of the initiation notice and
to make our decision regarding
respondent selection within 21 days of
publication of the initiation Federal
Register notice. Therefore, we
encourage all parties interested in
commenting on respondent selection to
submit their APO applications on the
date of publication of the initiation
notice, or as soon thereafter as possible.
Commerce invites comments regarding
the CBP data and respondent selection
within five days of placement of the
CBP data on the record of the review.
In the event Commerce decides it is
necessary to limit individual
examination of respondents and
conduct respondent selection under
section 777A(c)(2) of the Act:
In general, Commerce finds that
determinations concerning whether
particular companies should be
‘‘collapsed’’ (i.e., treated as a single
entity for purposes of calculating
antidumping duty rates) require a
substantial amount of detailed
information and analysis, which often
require follow-up questions and
analysis. Accordingly, Commerce will
not conduct collapsing analyses at the
respondent selection phase of a review
and will not collapse companies at the
respondent selection phase unless there
has been a determination to collapse
certain companies in a previous
segment of this antidumping proceeding
(i.e., investigation, administrative
review, new shipper review or changed
circumstances review). For any
company subject to a review, if
Commerce determined, or continued to
treat, that company as collapsed with
others, Commerce will assume that such
companies continue to operate in the
same manner and will collapse them for
respondent selection purposes.
Otherwise, Commerce will not collapse
companies for purposes of respondent
selection. Parties are requested to (a)
identify which companies subject to
review previously were collapsed, and
(b) provide a citation to the proceeding
in which they were collapsed. Further,
if companies are requested to complete
a Quantity and Value Questionnaire for
purposes of respondent selection, in
general each company must report
volume and value data separately for
itself. Parties should not include data
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
291
for any other party, even if they believe
they should be treated as a single entity
with that other party. If a company was
collapsed with another company or
companies in the most recently
completed segment of a proceeding
where Commerce considered collapsing
that entity, complete quantity and value
data for that collapsed entity must be
submitted.
Deadline for Withdrawal of Request for
Administrative Review
Pursuant to 19 CFR 351.213(d)(1), a
party that requests a review may
withdraw that request within 90 days of
the date of publication of the notice of
initiation of the requested review. The
regulation provides that Commerce may
extend this time if it is reasonable to do
so. Determinations by Commerce to
extend the 90-day deadline will be
made on a case-by-case basis.
Deadline for Particular Market
Situation Allegation
Section 504 of the Trade Preferences
Extension Act of 2015 amended the Act
by adding the concept of particular
market situation (PMS) for purposes of
constructed value under section 773(e)
of the Act.1 Section 773(e) of the Act
states that ‘‘if a particular market
situation exists such that the cost of
materials and fabrication or other
processing of any kind does not
accurately reflect the cost of production
in the ordinary course of trade, the
administering authority may use
another calculation methodology under
this subtitle or any other calculation
methodology.’’ When an interested
party submits a PMS allegation pursuant
to section 773(e) of the Act, Commerce
will respond to such a submission
consistent with 19 CFR 351.301(c)(2)(v).
If Commerce finds that a PMS exists
under section 773(e) of the Act, then it
will modify its dumping calculations
appropriately.
Neither section 773(e) of the Act nor
19 CFR 351.301(c)(2)(v) set a deadline
for the submission of PMS allegations
and supporting factual information.
However, in order to administer section
773(e) of the Act, Commerce must
receive PMS allegations and supporting
factual information with enough time to
consider the submission. Thus, should
an interested party wish to submit a
PMS allegation and supporting new
factual information pursuant to section
773(e) of the Act, it must do so no later
than 20 days after submission of initial
Section D responses.
1 See Trade Preferences Extension Act of 2015,
Public Law 114–27, 129 Stat. 362 (2015).
E:\FR\FM\05JAN1.SGM
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Agencies
[Federal Register Volume 86, Number 2 (Tuesday, January 5, 2021)]
[Notices]
[Pages 289-291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-29180]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-520-807]
Circular Welded Carbon-Quality Steel Pipe From the United Arab
Emirates: Amended 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) is amending the final
results of the administrative review of the antidumping duty (AD) order
on circular welded carbon-quality steel pipe (CWP) from the United Arab
Emirates (UAE) to correct a ministerial error.
DATES: Applicable January 5, 2021.
FOR FURTHER INFORMATION CONTACT: Benjamin Luberda, 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) 482-2185.
SUPPLEMENTARY INFORMATION:
Background
On December 1, 2020, Commerce published the Final Results of the
2017-2018 administrative review of CWP from the UAE in the Federal
Register.\1\ On November 30, 2020, Universal Tube and Plastic
Industries, Ltd., KHK Scaffolding and Framework LLC, and THL Pipe and
Tube Industries LLC (collectively, Universal), one of two companies
selected for individual examination in this administrative review,
alleged the existence of a ministerial error in Commerce's Final
Results.\2\
---------------------------------------------------------------------------
\1\ See Circular Welded Carbon-Quality Steel Pipe from the
United Arab Emirates: Final Results of Antidumping Duty
Administrative Review; 2017-2018, 85 FR 77159 (December 1, 2020)
(Final Results), and accompanying Issues and Decision Memorandum.
\2\ See Universal's Letter, ``Circular Welded Carbon-Quality
Steel Pipe from the United Arab Emirates--Ministerial Error
Comments,'' dated November 30, 2020.
---------------------------------------------------------------------------
Legal Framework
A ministerial error, as defined in section 751(h) of the Tariff Act
of 1930, as amended (the Act), includes ``errors in addition,
subtraction, or other arithmetic function, clerical errors resulting
from inaccurate copying, duplication, or the like, and any other type
of unintentional error which the administering authority considers
ministerial.'' \3\ With respect to final results of administrative
reviews, 19 CFR 351.224(e) provides that Commerce ``will analyze any
comments received and, if appropriate, correct any ministerial error by
amending . . . the final results of review.''
---------------------------------------------------------------------------
\3\ See 19 CFR 351.224(f).
---------------------------------------------------------------------------
Ministerial Error
Commerce committed an inadvertent error within the meaning of
section 751(h) of the Act and 19 CFR 351.224(f) by incorrectly
calculating Universal's home market commissions. Accordingly, we
determine, in accordance with section 751(h) of the Act and 19 CFR
351.224(f), that we made a ministerial error in the Final Results.
Pursuant to 19 CFR 351.224(e), we are amending the Final Results to
correct this error. This correction results in a change to Universal's
weighted-average dumping margin and also changes the rate calculated
for the non-individually-examined companies. For a detailed discussion
of the ministerial error allegation, as well as Commerce's analysis,
see Ministerial Error Memorandum.\4\
---------------------------------------------------------------------------
\4\ See Memorandum, ``Less-Than-Fair-Value Administrative Review
of Circular Welded Carbon-Quality Steel Pipe from the United Arab
Emirates: Allegation of Ministerial Errors in the Final
Determination,'' dated concurrently with this notice (Ministerial
Error Memorandum).
---------------------------------------------------------------------------
Correction
Subsequent to the publication of the notice in the Federal
Register, we identified an inadvertent error in the Final Results in
addition to the one alleged by Universal. Specifically, Commerce
inadvertently referenced the review-specific rate of 3.14 percent as
the all-others rate in the cash deposit section of the notice. However,
the all-others rate, established in the investigation, is 5.95
percent.\5\ The corrected cash deposit section of the notice is below.
---------------------------------------------------------------------------
\5\ 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).
---------------------------------------------------------------------------
Amended 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
Producers/exporters dumping margin
(percent)
------------------------------------------------------------------------
Conares Metal Supply Ltd............................ 2.49
Universal Tube and Plastic Industries, Ltd./THL Tube 3.63
and Pipe Industries LLC/KHK Scaffolding and
Framework LLC \8\..................................
------------------------------------------------------------------------
Review-Specific Average Rate Applicable to the Following Companies: \6\
------------------------------------------------------------------------
Abu Dhabi Metal Pipes and Profiles Industries 3.06
Complex............................................
Ajmal Steel Tubes & Pipes Ind. L.L.C./Noble Steel 3.06
Industries L.L.C. \7\..............................
Al Mansoori Industrial Supply....................... 3.06
Baker Hughes EHO Ltd................................ 3.06
BioAir Solutions LLC................................ 3.06
[[Page 290]]
Bridgeway Shipping & Clearing Services, LLC......... 3.06
Ferrofab FTZ........................................ 3.06
Ferrolab LLC........................................ 3.06
Global Steel Industries............................. 3.06
Halima Pipe Co., Ltd................................ 3.06
K.D. Industries Inc................................. 3.06
Lamprell............................................ 3.06
Link Middle East Ltd................................ 3.06
Noble Marine Metals Co., W.L.L...................... 3.06
PSL FZE............................................. 3.06
Reyah Metal Trading FZE............................. 3.06
Three Star Metal Ind LLC............................ 3.06
Tiger Steel Industries LLC.......................... 3.06
------------------------------------------------------------------------
Disclosure
---------------------------------------------------------------------------
\6\ 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).
\7\ 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).
\8\ This rate was calculated as discussed in a n.6, supra.
---------------------------------------------------------------------------
We intend to disclose the calculations performed for these amended
final results in accordance with 19 CFR 351.224(b).
Antidumping Duty Assessment
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 amended final
results of this review.
Pursuant to 19 CFR 351.212(b)(1), because Conares Metal Supply Ltd
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 an importer-specific rate is zero or de minimis
within the meaning of 19 CFR 351.106(c)(1), 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 \8\ of the cash
deposit rates calculated for Conares Metal Supply Ltd and Universal.
The amended final results of this review shall be the basis for the
assessment of antidumping duties on entries of merchandise covered by
the amended final results of this review and for future deposits of
estimated duties, where applicable.\9\
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\9\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------
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 for Universal and the
companies covered by the non-reviewed companies' rate to CBP 15 days
after publication of these amended 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 December 1, 2020, the date of
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
amended final results; (2) for previously reviewed or investigated
companies, including those for which Commerce may have determined had
no shipments during the POR, the cash deposit will continue to be the
company-specific rate published for the most recently completed segment
of this proceeding in which the company participated; (3) if the
exporter is not a firm covered in this or an earlier review, or the
original less-than-fair-value (LTFV) investigation, but the
manufacturer is, the cash deposit rate will be the rate established for
the most recently completed segment of this proceeding for the
manufacturer of the merchandise; and (4) if neither the exporter nor
the manufacturer is a firm covered in this or any previously completed
segment of this proceeding, then the cash deposit rate will be the all-
others rate of 5.95 percent established in the LTFV investigation.\10\
These deposit requirements, when imposed, shall remain in effect until
further notice.
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\10\ 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 doubled antidumping duties.
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
[[Page 291]]
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
This amended notice is issued and published in accordance with
sections 751(h) and 777(i) of the Act.
Dated: December 28, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-29180 Filed 1-4-21; 8:45 am]
BILLING CODE 3510-DS-P