Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe From Ukraine: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 8889-8891 [2021-02750]
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Federal Register / Vol. 86, No. 26 / Wednesday, February 10, 2021 / Notices
Dated: February 3, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
Appendix I
Scope of the Investigation
The merchandise covered by the scope of
this investigation is seamless carbon and
alloy steel (other than stainless steel) pipes
and redraw hollows, less than or equal to 16
inches (406.4 mm) in nominal outside
diameter, regardless of wall-thickness,
manufacturing process (e.g., hot finished or
cold-drawn), end finish (e.g., plain end,
beveled end, upset end, threaded, or
threaded and coupled), or surface finish (e.g.,
bare, lacquered or coated). Redraw hollows
are any unfinished carbon or alloy steel
(other than stainless steel) pipe or ‘‘hollow
profiles’’ suitable for cold finishing
operations, such as cold drawing, to meet the
American Society for Testing and Materials
(ASTM) or American Petroleum Institute
(API) specifications referenced below, or
comparable specifications. Specifically
included within the scope are seamless
carbon and alloy steel (other than stainless
steel) standard, line, and pressure pipes
produced to the ASTM A–53, ASTM A–106,
ASTM A–333, ASTM A–334, ASTM A–589,
ASTM A–795, ASTM A–1024, and the API
51 specifications, or comparable
specifications, and meeting the physical
parameters described above, regardless of
application, with the exception of the
exclusions discussed below.
Specifically excluded from the scope of the
investigation are: (1) All pipes meeting
aerospace, hydraulic, and bearing tubing
specifications, including pipe produced to
the ASTM A–822 standard; (2) all pipes
meeting the chemical requirements of ASTM
A–335, whether finished or unfinished; and
(3) unattached couplings. Also excluded from
the scope of the investigation are (1) all
mechanical, boiler, condenser and heat
exchange tubing, except when such products
conform to the dimensional requirements,
i.e., outside diameter and wall thickness, of
ASTM A53, ASTM A–106 or API 51
specifications. Also excluded from the scope
of the investigation are: (1) oil country
tubular goods consisting of drill pipe, casing,
tubing and coupling stock; (2) all pipes
meeting the chemical requirements of ASTM
A–335 regardless of their conformity to the
dimensional requirements of ASTM A–53,
ASTM A–106 or API 5L; and (3) the
exclusion for ASTM A335 applies to pipes
meeting the comparable specifications GOST
550–75.
Subject seamless standard, line, and
pressure pipe are normally entered under
Harmonized Tariff Schedule of the United
States (HTSUS) subheadings 7304.19.1020,
7304.19.1030, 7304.19.1045, 7304.19.1060,
7304.19.5020, 7304.19.5050, 7304.31.6050,
7304.39.0016, 7304.39.0020, 7304.39.0024,
7304.39.0028, 7304.39.0032, 7304.39.0036,
7304.39.0040, 7304.39.0044, 7304.39.0048,
7304.39.0052, 7304.39.0056, 7304.39.0062,
7304.39.0068, 7304.39.0072, 7304.51.5005,
7304.51.5060, 7304.59.6000, 7304.59.8010,
7304.59.8015, 7304.59.8020, 7304.59.8025,
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18:53 Feb 09, 2021
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7304.59.8030, 7304.59.8035, 7304.59.8040,
7304.59.8045, 7304.59.8050, 7304.59.8055,
7304.59.8060, 7304.59.8065, and
7304.59.8070. The HTSUS subheadings and
specifications are provided for convenience
and customs purposes; the written
description of the scope is dispositive.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope of Investigation
V. Particular Market Situation Allegation
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2021–02748 Filed 2–9–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–823–819]
Seamless Carbon and Alloy Steel
Standard, Line, and Pressure Pipe
From Ukraine: Preliminary Affirmative
Determination of Sales at Less Than
Fair Value, Postponement of Final
Determination, and Extension of
Provisional Measures
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that seamless carbon and alloy steel
standard, line, and pressure pipe
(seamless pipe) from Ukraine is being,
or is likely to be, sold in the United
States at less than fair value (LTFV). The
period of investigation is July 1, 2019,
through June 30, 2020. Interested parties
are invited to comment on this
preliminary determination.
DATES: Applicable February 10, 2021.
FOR FURTHER INFORMATION CONTACT: Lilit
Astvatsatrian, AD/CVD Operations,
Office IV, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–6412.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
This preliminary determination is
made in accordance with section 733(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on August 4, 2020.1 On November 19,
1 See Seamless Carbon and Alloy Steel Standard,
Line, and Pressure Pipe from the Czech Republic,
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8889
2020, Commerce postponed the
preliminary determination of this
investigation, and the revised deadline
is now February 3, 2021.2 For a
complete description of the events that
followed the initiation of this
investigation, see the Preliminary
Decision Memorandum.3 A list of topics
included in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. 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 directly
at https://enforcement.trade.gov/frn/.
The signed and the electronic versions
of the Preliminary Decision
Memorandum are identical in content.
Scope of the Investigation
The products covered by this
investigation are seamless pipe from
Ukraine. For a complete description of
the scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the preamble to
Commerce’s regulations, the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope).4 Certain interested
parties commented on the scope of the
investigation as it appeared in the
Initiation Notice.5 For a summary of the
product coverage comments and
rebuttal responses submitted to the
record for this preliminary
determination, and accompanying
discussion and analysis of all comments
timely received, see the Preliminary
Scope Decision Memorandum.6
the Republic of Korea, the Russian Federation, and
Ukraine: Initiation of Less-Than-Fair Value
Investigations, 85 FR 47176 (August 4, 2020)
(Initiation Notice).
2 See Seamless Carbon and Alloy Steel Standard,
Line, and Pressure Pipe From the Republic of Korea,
the Russian Federation, and Ukraine:
Postponement of Preliminary Determinations in the
Less-Than-Fair-Value Investigations, 85 FR 73687
(November 19, 2020).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Affirmative Determination in the
Less-Than-Fair-Value Investigation of Seamless
Carbon and Alloy Steel Standard, Line, and
Pressure Pipe from Ukraine,’’ dated concurrently
with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
5 See Initiation Notice.
6 See Memorandum, ‘‘Antidumping and
Countervailing Duty Investigations of Seamless
E:\FR\FM\10FEN1.SGM
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10FEN1
8890
Federal Register / Vol. 86, No. 26 / Wednesday, February 10, 2021 / Notices
Commerce is preliminarily modifying
the scope language as it appeared in the
Initiation Notice. See the revised scope
in Appendix I to this notice.
The deadline to submit scope case
briefs was established in the
Preliminary Scope Decision
Memorandum.7 There will be no further
opportunity for comments on scoperelated issues.
Methodology
Commerce is conducting this
investigation in accordance with section
731 of the Act. Commerce calculated
constructed export prices in accordance
with section 772(b) of the Act.
Commerce calculated normal value in
accordance with section 773 of the Act.
For a full description of the
methodology underlying the
preliminary determination, see the
Preliminary Decision Memorandum.
All-Others Rate
Section 733(d)(1)(A)(ii) of the Act
provides that in the preliminary
determination, Commerce shall
determine an estimated all-others rate
for all exporters and producers not
individually examined. Pursuant to
section 735(c)(5)(A) of the Act, this rate
shall be an amount equal to the
weighted average of the estimated
weighted-average dumping margins
established for exporters and producers
individually investigated, excluding any
zero and de minimis dumping margins,
and any dumping margins determined
entirely under section 776 of the Act.
Commerce calculated an individual
estimated weighted-average dumping
margin for the collapsed entity Interpipe
Ukraine LLC, PJSC Interpipe
Niznedneprovksy Tube Rolling Plant,
and LLC Interpipe Niko Tube
(collectively Interpipe),8 the only
individually examined exporter/
producer in this investigation. Because
the only individually calculated
dumping margin is not zero, de
minimis, or based entirely on facts
otherwise available, the estimated
weighted-average dumping margin
calculated for Interpipe is the dumping
Carbon and Alloy Steel Standard, Line, and
Pressure Pipe from the Czech Republic, the
Republic of Korea, the Russian Federation, and
Ukraine: Preliminary Scope Decision
Memorandum,’’ dated January 13, 2021
(Preliminary Scope Decision Memorandum).
7 Case briefs, other written comments, and
rebuttal briefs submitted in response to this
preliminary LTFV determination should not
include scope-related issues. See Preliminary Scope
Decision Memorandum; and ‘‘Public Comment’’
section of this notice. The deadline for case briefs
on scope-related issues is no later than 30 days after
the issuance of Preliminary Scope Decision
Memorandum.
8 See Preliminary Decision Memorandum.
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18:53 Feb 09, 2021
Jkt 253001
margin assigned to all other producers
and exporters, pursuant to section
735(c)(5)(A) of the Act.
Preliminary Determination
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist:
Estimated
weightedaverage
dumping
margin
(percent)
Exporter/producer
Interpipe Ukraine LLC/PJSC
Interpipe Niznedneprovksy
Tube Rolling Plant/LLC
Interpipe Niko Tube ..............
All Others ..................................
41.23
41.23
Suspension of Liquidation
In accordance with section 733(d)(2)
of the Act, Commerce will direct U.S.
Customs and Border Protection (CBP) to
suspend liquidation of entries of subject
merchandise, as described in Appendix
I, entered, or withdrawn from
warehouse, for consumption on or after
the date of publication of this notice in
the Federal Register.
Further, pursuant to section
733(d)(1)(B) of the Act and 19 CFR
351.205(d), Commerce will instruct CBP
to require a cash deposit equal to the
estimated weighted-average dumping
margin or the estimated all-others rate,
as follows: (1) The cash deposit rate for
the respondent listed in the table above
will be equal to the company-specific
estimated weighted-average dumping
margin determined in this preliminary
determination; (2) if the exporter is not
the respondent identified in the table
above, but the producer is, then the cash
deposit rate will be equal to the
company-specific estimated weightedaverage dumping margin established for
that producer of the subject
merchandise; and (3) the cash deposit
rate for all other producers and
exporters will be equal to the all-others
estimated weighted-average dumping
margin. These suspension of liquidation
instructions will remain in effect until
further notice.
Disclosure
Commerce intends to disclose its
calculations and analysis performed to
interested parties in this preliminary
determination within five days of any
public announcement or, if there is no
public announcement, within five days
of the date of publication of this notice
in accordance with 19 CFR 351.224(b).
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Fmt 4703
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Verification
As provided in section 782(i)(1) of the
Act, Commerce intends to verify the
information relied upon in making its
final determination. Normally,
Commerce verifies information using
standard procedures, including an onsite examination of original accounting,
financial, and sales documentation.
However, due to current travel
restrictions in response to the global
COVID–19 pandemic, Commerce is
unable to conduct on-site verification in
this investigation. Accordingly, we
intend to verify the information relied
upon in making the final determination
through alternative means in lieu of an
on-site verification.
Public Comment
Case briefs or other written comments
on non-scope issues may be submitted
to the Assistant Secretary for
Enforcement and Compliance.
Interested parties will be notified of a
timeline for the submission of such case
briefs and written comments at a later
date. Rebuttal briefs, limited to issues
raised in the case briefs, may be
submitted no later than seven days after
the deadline for case briefs. Commerce
has temporarily modified certain of its
requirements for serving documents
containing business proprietary
information until further notice.9
Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or
rebuttal briefs in this investigation 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.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, within 30 days after the date
of publication of this notice. Requests
should contain the party’s name,
address, and telephone number, the
number of hearing participants, whether
any participant is a foreign national, and
a list of the issues to be discussed. If a
request for a hearing is made, Commerce
intends to hold the hearing at a time and
date to be determined. Parties should
confirm the date and time of the hearing
two days before the scheduled hearing
date.
9 See Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19, 85 FR 17006
(March 26, 2020); and Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID–19;
Extension of Effective Period, 85 FR 41363 (July 10,
2020).
E:\FR\FM\10FEN1.SGM
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Federal Register / Vol. 86, No. 26 / Wednesday, February 10, 2021 / Notices
Postponement of Final Determination
and Extension of Provisional Measures
Section 735(a)(2) of the Act provides
that a final determination may be
postponed until not later than 135 days
after the date of the publication of the
preliminary determination if, in the
event of an affirmative preliminary
determination, a request for such
postponement is made by exporters who
account for a significant proportion of
exports of the subject merchandise, or in
the event of a negative preliminary
determination, a request for such
postponement is made by the petitioner.
Section 351.210(e)(2) of Commerce’s
regulations requires that a request by the
exporters for postponement of the final
determination be accompanied by a
request for extension of provisional
measures from a four-month period to a
period not more than six months in
duration.
On January 11, 2021, pursuant to 19
CFR 351.210(e), Interpipe requested that
Commerce postpone the final
determination and that provisional
measures be extended to a period not to
exceed six months.10 In accordance with
section 735(a)(2)(A) of the Act and 19
CFR 351.210(b)(2)(ii), because: (1) The
preliminary determination is
affirmative; (2) the requesting exporter
accounts for a significant proportion of
exports of the subject merchandise; and
(3) no compelling reasons for denial
exist, Commerce is postponing the final
determination and extending the
provisional measures from a four-month
period to a period not greater than six
months. Accordingly, Commerce will
make its final determination no later
than 135 days after the date of
publication of this preliminary
determination, pursuant to section
735(a)(2) of the Act.
International Trade Commission
Notification
In accordance with section 733(f) of
the Act, Commerce will notify the
International Trade Commission (ITC) of
its preliminary determination. If the
final determination is affirmative, then
the ITC will determine before the later
of 120 days after the date of this
preliminary determination or 45 days
after the final determination whether
imports of seamless pipe from Ukraine
are materially injuring, or threaten
material injury to, the U.S. industry.
10 See Interpipe’s Letter, ‘‘Seamless Carbon and
Alloy Steel Standard, Line, and Pressure Pipe from
Ukraine: Request for Postponement of the Final
Determination and to Extend the Provisional
Measures Period,’’ dated January 11, 2021.
VerDate Sep<11>2014
18:53 Feb 09, 2021
Jkt 253001
Notification to Interested Parties
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act, and 19
CFR 351.205(c).
Dated: February 3, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
Appendix I—Scope of the Investigation
The merchandise covered by the scope of
this investigation is seamless carbon and
alloy steel (other than stainless steel) pipes
and redraw hollows, less than or equal to 16
inches (406.4 mm) in nominal outside
diameter, regardless of wall-thickness,
manufacturing process (e.g., hot finished or
cold-drawn), end finish (e.g., plain end,
beveled end, upset end, threaded, or
threaded and coupled), or surface finish (e.g.,
bare, lacquered or coated). Redraw hollows
are any unfinished carbon or alloy steel
(other than stainless steel) pipe or ‘‘hollow
profiles’’ suitable for cold finishing
operations, such as cold drawing, to meet the
American Society for Testing and Materials
(ASTM) or American Petroleum Institute
(API) specifications referenced below, or
comparable specifications. Specifically
included within the scope are seamless
carbon and alloy steel (other than stainless
steel) standard, line, and pressure pipes
produced to the ASTM A–53, ASTM A–106,
ASTM A–333, ASTM A–334, ASTM A–589,
ASTM A–795, ASTM A–1024, and the API
51 specifications, or comparable
specifications, and meeting the physical
parameters described above, regardless of
application, with the exception of the
exclusions discussed below.
Specifically excluded from the scope of the
investigation are: (1) All pipes meeting
aerospace, hydraulic, and bearing tubing
specifications, including pipe produced to
the ASTM A–822 standard; (2) all pipes
meeting the chemical requirements of ASTM
A–335, whether finished or unfinished; and
(3) unattached couplings. Also excluded from
the scope of the investigation are (1) all
mechanical, boiler, condenser and heat
exchange tubing, except when such products
conform to the dimensional requirements,
i.e., outside diameter and wall thickness, of
ASTM A53, ASTM A–106 or API 51
specifications. Also excluded from the scope
of the investigation are: (1) Oil country
tubular goods consisting of drill pipe, casing,
tubing and coupling stock; (2) all pipes
meeting the chemical requirements of ASTM
A–335 regardless of their conformity to the
dimensional requirements of ASTM A–53,
ASTM A–106 or API 5L; and (3) the
exclusion for ASTM A335 applies to pipes
meeting the comparable specifications GOST
550–75.
Subject seamless standard, line, and
pressure pipe are normally entered under
Harmonized Tariff Schedule of the United
States (HTSUS) subheadings 7304.19.1020,
7304.19.1030, 7304.19.1045, 7304.19.1060,
7304.19.5020, 7304.19.5050, 7304.31.6050,
7304.39.0016, 7304.39.0020, 7304.39.0024,
7304.39.0028, 7304.39.0032, 7304.39.0036,
PO 00000
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Fmt 4703
Sfmt 4703
8891
7304.39.0040, 7304.39.0044, 7304.39.0048,
7304.39.0052, 7304.39.0056, 7304.39.0062,
7304.39.0068, 7304.39.0072, 7304.51.5005,
7304.51.5060, 7304.59.6000, 7304.59.8010,
7304.59.8015, 7304.59.8020, 7304.59.8025,
7304.59.8030, 7304.59.8035, 7304.59.8040,
7304.59.8045, 7304.59.8050, 7304.59.8055,
7304.59.8060, 7304.59.8065, and
7304.59.8070. The HTSUS subheadings and
specifications are provided for convenience
and customs purposes; the written
description of the scope is dispositive.
Appendix II—List of Topics Discussed
in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope of Investigation
V. Affiliation/Single Entity
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2021–02750 Filed 2–9–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–821–826]
Seamless Carbon and Alloy Steel
Standard, Line, and Pressure Pipe
From the Russian Federation:
Preliminary Affirmative Determination
of Sales at Less Than Fair Value,
Postponement of Final Determination,
and Extension of Provisional Measures
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that seamless carbon and alloy steel
standard, line, and pressure pipe
(seamless pipe) from the Russian
Federation (Russia) is being, or is likely
to be, sold in the United States at less
than fair value (LTFV). The period of
investigation is July 1, 2019, through
June 30, 2020. Interested parties are
invited to comment on this preliminary
determination.
DATES: Applicable February 10, 2021.
FOR FURTHER INFORMATION CONTACT:
Caitlin Monks, 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) 482–2670.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
This preliminary determination is
made in accordance with section 733(b)
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]]>Agencies
[Federal Register Volume 86, Number 26 (Wednesday, February 10, 2021)]
[Notices]
[Pages 8889-8891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02750]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-823-819]
Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe
From Ukraine: Preliminary Affirmative Determination of Sales at Less
Than Fair Value, Postponement of Final Determination, and Extension of
Provisional Measures
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that seamless carbon and alloy steel standard, line, and pressure pipe
(seamless pipe) from Ukraine is being, or is likely to be, sold in the
United States at less than fair value (LTFV). The period of
investigation is July 1, 2019, through June 30, 2020. Interested
parties are invited to comment on this preliminary determination.
DATES: Applicable February 10, 2021.
FOR FURTHER INFORMATION CONTACT: Lilit Astvatsatrian, AD/CVD
Operations, Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-6412.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on August 4,
2020.\1\ On November 19, 2020, Commerce postponed the preliminary
determination of this investigation, and the revised deadline is now
February 3, 2021.\2\ For a complete description of the events that
followed the initiation of this investigation, see the Preliminary
Decision Memorandum.\3\ A list of topics included in the Preliminary
Decision Memorandum is included as Appendix II to this notice. 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 directly at https://enforcement.trade.gov/frn/. The signed
and the electronic versions of the Preliminary Decision Memorandum are
identical in content.
---------------------------------------------------------------------------
\1\ See Seamless Carbon and Alloy Steel Standard, Line, and
Pressure Pipe from the Czech Republic, the Republic of Korea, the
Russian Federation, and Ukraine: Initiation of Less-Than-Fair Value
Investigations, 85 FR 47176 (August 4, 2020) (Initiation Notice).
\2\ See Seamless Carbon and Alloy Steel Standard, Line, and
Pressure Pipe From the Republic of Korea, the Russian Federation,
and Ukraine: Postponement of Preliminary Determinations in the Less-
Than-Fair-Value Investigations, 85 FR 73687 (November 19, 2020).
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Affirmative Determination in the Less-Than-Fair-Value Investigation
of Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe
from Ukraine,'' dated concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation are seamless pipe from
Ukraine. For a complete description of the scope of this investigation,
see Appendix I.
Scope Comments
In accordance with the preamble to Commerce's regulations, the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\4\ Certain interested
parties commented on the scope of the investigation as it appeared in
the Initiation Notice.\5\ For a summary of the product coverage
comments and rebuttal responses submitted to the record for this
preliminary determination, and accompanying discussion and analysis of
all comments timely received, see the Preliminary Scope Decision
Memorandum.\6\
[[Page 8890]]
Commerce is preliminarily modifying the scope language as it appeared
in the Initiation Notice. See the revised scope in Appendix I to this
notice.
---------------------------------------------------------------------------
\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice.
\6\ See Memorandum, ``Antidumping and Countervailing Duty
Investigations of Seamless Carbon and Alloy Steel Standard, Line,
and Pressure Pipe from the Czech Republic, the Republic of Korea,
the Russian Federation, and Ukraine: Preliminary Scope Decision
Memorandum,'' dated January 13, 2021 (Preliminary Scope Decision
Memorandum).
---------------------------------------------------------------------------
The deadline to submit scope case briefs was established in the
Preliminary Scope Decision Memorandum.\7\ There will be no further
opportunity for comments on scope-related issues.
---------------------------------------------------------------------------
\7\ Case briefs, other written comments, and rebuttal briefs
submitted in response to this preliminary LTFV determination should
not include scope-related issues. See Preliminary Scope Decision
Memorandum; and ``Public Comment'' section of this notice. The
deadline for case briefs on scope-related issues is no later than 30
days after the issuance of Preliminary Scope Decision Memorandum.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Commerce calculated constructed export prices
in accordance with section 772(b) of the Act. Commerce calculated
normal value in accordance with section 773 of the Act. For a full
description of the methodology underlying the preliminary
determination, see the Preliminary Decision Memorandum.
All-Others Rate
Section 733(d)(1)(A)(ii) of the Act provides that in the
preliminary determination, Commerce shall determine an estimated all-
others rate for all exporters and producers not individually examined.
Pursuant to section 735(c)(5)(A) of the Act, this rate shall be an
amount equal to the weighted average of the estimated weighted-average
dumping margins established for exporters and producers individually
investigated, excluding any zero and de minimis dumping margins, and
any dumping margins determined entirely under section 776 of the Act.
Commerce calculated an individual estimated weighted-average
dumping margin for the collapsed entity Interpipe Ukraine LLC, PJSC
Interpipe Niznedneprovksy Tube Rolling Plant, and LLC Interpipe Niko
Tube (collectively Interpipe),\8\ the only individually examined
exporter/producer in this investigation. Because the only individually
calculated dumping margin is not zero, de minimis, or based entirely on
facts otherwise available, the estimated weighted-average dumping
margin calculated for Interpipe is the dumping margin assigned to all
other producers and exporters, pursuant to section 735(c)(5)(A) of the
Act.
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\8\ See Preliminary Decision Memorandum.
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Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Interpipe Ukraine LLC/PJSC Interpipe Niznedneprovksy Tube 41.23
Rolling Plant/LLC Interpipe Niko Tube.....................
All Others................................................. 41.23
------------------------------------------------------------------------
Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, Commerce will
direct U.S. Customs and Border Protection (CBP) to suspend liquidation
of entries of subject merchandise, as described in Appendix I, entered,
or withdrawn from warehouse, for consumption on or after the date of
publication of this notice in the Federal Register.
Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR
351.205(d), Commerce will instruct CBP to require a cash deposit equal
to the estimated weighted-average dumping margin or the estimated all-
others rate, as follows: (1) The cash deposit rate for the respondent
listed in the table above will be equal to the company-specific
estimated weighted-average dumping margin determined in this
preliminary determination; (2) if the exporter is not the respondent
identified in the table above, but the producer is, then the cash
deposit rate will be equal to the company-specific estimated weighted-
average dumping margin established for that producer of the subject
merchandise; and (3) the cash deposit rate for all other producers and
exporters will be equal to the all-others estimated weighted-average
dumping margin. These suspension of liquidation instructions will
remain in effect until further notice.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of this
notice in accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify the information relied upon in making its final determination.
Normally, Commerce verifies information using standard procedures,
including an on-site examination of original accounting, financial, and
sales documentation. However, due to current travel restrictions in
response to the global COVID-19 pandemic, Commerce is unable to conduct
on-site verification in this investigation. Accordingly, we intend to
verify the information relied upon in making the final determination
through alternative means in lieu of an on-site verification.
Public Comment
Case briefs or other written comments on non-scope issues may be
submitted to the Assistant Secretary for Enforcement and Compliance.
Interested parties will be notified of a timeline for the submission of
such case briefs and written comments at a later date. Rebuttal briefs,
limited to issues raised in the case briefs, may be submitted no later
than seven days after the deadline for case briefs. Commerce has
temporarily modified certain of its requirements for serving documents
containing business proprietary information until further notice.\9\
Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case
briefs or rebuttal briefs in this investigation 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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\9\ See Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19, 85 FR 17006 (March 26, 2020); and Temporary Rule
Modifying AD/CVD Service Requirements Due to COVID-19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of hearing
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing at a time and date to be
determined. Parties should confirm the date and time of the hearing two
days before the scheduled hearing date.
[[Page 8891]]
Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of an
affirmative preliminary determination, a request for such postponement
is made by exporters who account for a significant proportion of
exports of the subject merchandise, or in the event of a negative
preliminary determination, a request for such postponement is made by
the petitioner. Section 351.210(e)(2) of Commerce's regulations
requires that a request by the exporters for postponement of the final
determination be accompanied by a request for extension of provisional
measures from a four-month period to a period not more than six months
in duration.
On January 11, 2021, pursuant to 19 CFR 351.210(e), Interpipe
requested that Commerce postpone the final determination and that
provisional measures be extended to a period not to exceed six
months.\10\ In accordance with section 735(a)(2)(A) of the Act and 19
CFR 351.210(b)(2)(ii), because: (1) The preliminary determination is
affirmative; (2) the requesting exporter accounts for a significant
proportion of exports of the subject merchandise; and (3) no compelling
reasons for denial exist, Commerce is postponing the final
determination and extending the provisional measures from a four-month
period to a period not greater than six months. Accordingly, Commerce
will make its final determination no later than 135 days after the date
of publication of this preliminary determination, pursuant to section
735(a)(2) of the Act.
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\10\ See Interpipe's Letter, ``Seamless Carbon and Alloy Steel
Standard, Line, and Pressure Pipe from Ukraine: Request for
Postponement of the Final Determination and to Extend the
Provisional Measures Period,'' dated January 11, 2021.
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International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the International Trade Commission (ITC) of its preliminary
determination. If the final determination is affirmative, then the ITC
will determine before the later of 120 days after the date of this
preliminary determination or 45 days after the final determination
whether imports of seamless pipe from Ukraine are materially injuring,
or threaten material injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c).
Dated: February 3, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
Appendix I--Scope of the Investigation
The merchandise covered by the scope of this investigation is
seamless carbon and alloy steel (other than stainless steel) pipes
and redraw hollows, less than or equal to 16 inches (406.4 mm) in
nominal outside diameter, regardless of wall-thickness,
manufacturing process (e.g., hot finished or cold-drawn), end finish
(e.g., plain end, beveled end, upset end, threaded, or threaded and
coupled), or surface finish (e.g., bare, lacquered or coated).
Redraw hollows are any unfinished carbon or alloy steel (other than
stainless steel) pipe or ``hollow profiles'' suitable for cold
finishing operations, such as cold drawing, to meet the American
Society for Testing and Materials (ASTM) or American Petroleum
Institute (API) specifications referenced below, or comparable
specifications. Specifically included within the scope are seamless
carbon and alloy steel (other than stainless steel) standard, line,
and pressure pipes produced to the ASTM A-53, ASTM A-106, ASTM A-
333, ASTM A-334, ASTM A-589, ASTM A-795, ASTM A-1024, and the API 51
specifications, or comparable specifications, and meeting the
physical parameters described above, regardless of application, with
the exception of the exclusions discussed below.
Specifically excluded from the scope of the investigation are:
(1) All pipes meeting aerospace, hydraulic, and bearing tubing
specifications, including pipe produced to the ASTM A-822 standard;
(2) all pipes meeting the chemical requirements of ASTM A-335,
whether finished or unfinished; and (3) unattached couplings. Also
excluded from the scope of the investigation are (1) all mechanical,
boiler, condenser and heat exchange tubing, except when such
products conform to the dimensional requirements, i.e., outside
diameter and wall thickness, of ASTM A53, ASTM A-106 or API 51
specifications. Also excluded from the scope of the investigation
are: (1) Oil country tubular goods consisting of drill pipe, casing,
tubing and coupling stock; (2) all pipes meeting the chemical
requirements of ASTM A-335 regardless of their conformity to the
dimensional requirements of ASTM A-53, ASTM A-106 or API 5L; and (3)
the exclusion for ASTM A335 applies to pipes meeting the comparable
specifications GOST 550-75.
Subject seamless standard, line, and pressure pipe are normally
entered under Harmonized Tariff Schedule of the United States
(HTSUS) subheadings 7304.19.1020, 7304.19.1030, 7304.19.1045,
7304.19.1060, 7304.19.5020, 7304.19.5050, 7304.31.6050,
7304.39.0016, 7304.39.0020, 7304.39.0024, 7304.39.0028,
7304.39.0032, 7304.39.0036, 7304.39.0040, 7304.39.0044,
7304.39.0048, 7304.39.0052, 7304.39.0056, 7304.39.0062,
7304.39.0068, 7304.39.0072, 7304.51.5005, 7304.51.5060,
7304.59.6000, 7304.59.8010, 7304.59.8015, 7304.59.8020,
7304.59.8025, 7304.59.8030, 7304.59.8035, 7304.59.8040,
7304.59.8045, 7304.59.8050, 7304.59.8055, 7304.59.8060,
7304.59.8065, and 7304.59.8070. The HTSUS subheadings and
specifications are provided for convenience and customs purposes;
the written description of the scope is dispositive.
Appendix II--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope of Investigation
V. Affiliation/Single Entity
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2021-02750 Filed 2-9-21; 8:45 am]
BILLING CODE 3510-DS-P
