Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe From the Czech Republic: Final Affirmative Determination of Sales at Less Than Fair Value, 12909-12911 [2021-04567]
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Federal Register / Vol. 86, No. 42 / Friday, March 5, 2021 / Notices
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paper products that have a basis weight
not exceeding 29 grams per square
meter prior to being creped and, if
appropriate, flame-proofed. Crepe paper
has a finely wrinkled surface texture
and typically but not exclusively is
treated to be flame-retardant. Crepe
paper is typically but not exclusively
produced as streamers in roll form and
packaged in plastic bags. Crepe paper
may or may not be bleached, dye
colored, surface-colored, surface
decorated or printed, glazed, sequined,
embossed, die-cut, and/or flame
retardant. Subject crepe paper may be
rolled, flat or folded, and may be
packaged by banding or wrapping with
paper, by placing in plastic bags, and/
or by placing in boxes for distribution
and use by the ultimate consumer.
Packages of crepe paper subject to this
order may consist solely of crepe paper
of one color and/or style, or may contain
multiple colors and/or styles.
The merchandise subject to this order
does not have specific classification
numbers assigned to them under the
Harmonized Tariff Schedule of the
United States (HTSUS). Subject
merchandise may be entered under one
or more of several different HTSUS
subheadings, including: 4802.30;
4802.54; 4802.61; 4802.62; 4802.69;
4804.39; 4806.40; 4808.30; 4808.90;
4811.90; 4818.90; 4823.90; 9505.90.40.
The tariff classifications are provided
for convenience and customs purposes;
however, the written description of the
scope of this order is dispositive.
Continuation of the Order
As a result of the determinations by
Commerce and the ITC that revocation
of the Order would likely lead to a
continuation or recurrence of dumping
and material injury to an industry in the
United States, pursuant to section
751(d)(2) of the Act and 19 CFR
351.218(a), Commerce hereby orders the
continuation of the Order. U.S. Customs
and Border Protection will continue to
collect AD cash deposits at the rates in
effect at the time of entry for all imports
of subject merchandise.
The effective date of the continuation
of the Order will be the date of
publication in the Federal Register of
this notice of continuation. Pursuant to
section 751(c)(2) of the Act and 19 CFR
351.218(c)(2), Commerce intends to
initiate the next sunset review of the
Order not later than 30 days prior to the
fifth anniversary of the effective date of
continuation.
Notification to Interested Parties
This five-year sunset review and this
notice are in accordance with section
751(c) of the Act and published
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20:30 Mar 04, 2021
Jkt 253001
pursuant to section 777(i)(1) of the Act
and 19 CFR 351.218(f)(4).
Dated: March 1, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2021–04614 Filed 3–4–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–851–804]
Seamless Carbon and Alloy Steel
Standard, Line, and Pressure Pipe
From the Czech Republic: Final
Affirmative Determination of Sales at
Less Than Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
The Department of Commerce
(Commerce) determines that seamless
carbon and alloy steel standard, line,
and pressure pipe (seamless pipe) from
the Czech Republic is being, or is likely
to be, sold in the United States at less
than fair value (LTFV).
SUMMARY:
DATES:
Applicable March 5, 2021.
FOR FURTHER INFORMATION CONTACT:
Dmitry Vladimirov, AD/CVD
Operations, Office I, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–0665.
SUPPLEMENTARY INFORMATION:
Background
On December 21, 2020, Commerce
published in the Federal Register the
Preliminary Determination.1 We invited
interested parties to comment on the
Preliminary Determination. We received
comments on the Preliminary
Determination from Vallourec Star, LP
(the petitioner), a domestic producer of
seamless pipe.2 In its case brief, the
petitioner urges Commerce to adopt the
findings and results of the Preliminary
Determination in this final
determination.3
1 See Seamless Carbon and Alloy Steel Standard,
Line, and Pressure Pipe from the Czech Republic:
Preliminary Affirmative Determination of Sales at
Less Than Fair Value, 85 FR 83059 (December 21,
2020) (Preliminary Determination).
2 See Petitioner’s Letter, ‘‘Seamless Carbon and
Alloy Steel Standard, Line, and Pressure Pipe
(‘‘SSLPP’’) from Czechia: Case Brief,’’ dated January
20, 2021.
3 Id.
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12909
Period of Investigation
The period of investigation is July 1,
2019, through June 30, 2020.
Scope of the Investigation
The products covered by this
investigation are seamless pipe and
redraw hollows from the Czech
Republic, less than or equal to 16 inches
in nominal outside diameter, regardless
of wall-thickness, manufacturing
process, end finish, or surface finish.
For a full description of the scope of this
investigation, see the ‘‘Scope of the
Investigation,’’ in the Appendix to this
notice.
Scope Comments
During the course of this
investigation, Commerce received
comments from interested parties on the
scope of the investigation as it appeared
in the Initiation Notice.4 Commerce
issued a Preliminary Scope Decision
Memorandum to address these
comments.5 We did not receive
comments from interested parties on the
Preliminary Scope Decision
Memorandum. As discussed in
Preliminary Scope Decision
Memorandum, Commerce is modifying
the scope language as it appeared in the
Initiation Notice to clarify certain
exclusions. See the revised scope in the
Appendix to this notice.
Use of Adverse Facts Available
As discussed in the Preliminary
Determination, Commerce assigned to
the mandatory respondents in this
investigation, Liberty Ostrava A.S. and
Moravia Steel A.S., estimated weightedaverage dumping margins on the basis
of adverse facts available (AFA),
pursuant to sections 776(a) and (b) of
the Tariff Act of 1930, as amended (the
Act).6 There is no new information on
the record that would cause us to revisit
our decision in the Preliminary
Determination. Accordingly, for this
final determination, we continue to find
that the application of AFA pursuant to
sections 776(a) and (b) of the Act is
4 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).
5 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).
6 See Preliminary Determination, 85 FR at 83060.
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Federal Register / Vol. 86, No. 42 / Friday, March 5, 2021 / Notices
warranted with respect to Liberty
Ostrava A.S. and Moravia Steel A.S.
All-Others Rates
As discussed in the Preliminary
Determination, Commerce based the allothers rate on the simple average of the
dumping margins alleged in the
petition, in accordance with section
735(c)(5)(B) of the Act.7 We made no
changes to the selection of the all-others
rate for this final determination.
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 weightedaverage dumping margin. These
suspension-of-liquidation instructions
will remain in effect until further notice.
International Trade Commission
Notification
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Final Determination
The final estimated weighted-average
dumping margins are as follows:
In accordance with section 735(d) of
the Act, we will notify the International
Trade Commission (ITC) of the final
affirmative determination of sales at
Estimated LTFV. Because Commerce’s final
weighted- determination is affirmative, in
average
Exporter/producer
accordance with section 735(b)(2) of the
dumping
margin
Act, the ITC will make its final
(percent)
determination as to whether the
domestic industry in the United States
Liberty Ostrava A.S ....................
51.70
Moravia Steel A.S .......................
51.70 is materially injured, or threatened with
All Others ....................................
51.07 material injury, by reason of imports or
sales (or the likelihood of sales) for
importation of seamless pipe from the
Disclosure
Czech Republic no later than 45 days
Normally, Commerce discloses to
after this final determination. If the ITC
interested parties the calculations
determines that such injury does not
performed in connection with a final
exist, this proceeding will be
determination, in accordance with 19
terminated, and all cash deposits posted
CFR 351.224(b). However, because
will be refunded and suspension of
Commerce applied AFA to both
liquidation will be lifted. If the ITC
mandatory respondents in this
determines that such injury does exist,
investigation, there are no calculations
Commerce will issue an AD order
to disclose.
directing CBP to assess, upon further
Continuation of Suspension of
instruction by Commerce, antidumping
Liquidation
duties on all imports of the subject
merchandise entered, or withdrawn
In accordance with section
from warehouse, for consumption on or
735(c)(1)(B) of the Act, Commerce will
after the effective date of the suspension
instruct U.S. Customs and Border
Protection (CBP) to continue to suspend of liquidation, as discussed above in the
‘‘Continuation of Suspension of
liquidation of all appropriate entries of
seamless pipe from the Czech Republic, Liquidation’’ section.
as described in the Appendix to this
Notification Regarding Administrative
notice, entered, or withdrawn from
Protective Orders
warehouse, for consumption on or after
December 21, 2021, the date of
This notice will serve as a final
publication of Preliminary
reminder to the parties subject to
Determination in the Federal Register.
administrative protective order (APO) of
Pursuant to section 735(c)(1)(B)(ii) of
their responsibility concerning the
the Act and 19 CFR 351.210(d), where
disposition of proprietary information
appropriate, Commerce will instruct
disclosed under APO in accordance
CBP to require a cash deposit equal to
with 19 CFR 351.305(a)(3). Timely
the estimated weighted-average
written notification of return or
dumping margin or the estimated alldestruction of APO materials or
others rate, as follows: (1) The cash
conversion to judicial protective order is
deposit rate for the respondents listed
hereby requested. Failure to comply
above will be equal to the companywith the regulations and the terms of an
specific estimated weighted-average
APO is a sanctionable violation.
dumping margin determined in this
final determination; (2) if the exporter is
not a respondent identified above but
the producer is, then the cash deposit
rate will be equal to the company7 Id.
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Notification to Interested Parties
This determination and notice is
issued and published pursuant to
sections 735(d) and 777(i)(1) of the Act,
and 19 CFR 351.210(c).
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Dated: March 1, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix—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 A–53, 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,
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Federal Register / Vol. 86, No. 42 / Friday, March 5, 2021 / Notices
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.
[FR Doc. 2021–04567 Filed 3–4–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–489–845]
Certain Aluminum Foil From the
Republic of Turkey: Preliminary
Affirmative Countervailing Duty
Determination, and Alignment of Final
Determination With Final Antidumping
Duty Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that countervailable subsidies are being
provided to producers and exporters of
certain aluminum foil (aluminum foil)
from the Republic of Turkey (Turkey)
during the period of investigation
January 1, 2019, through December 31,
2019. Interested parties are invited to
comment on this preliminary
determination.
AGENCY:
DATES:
Applicable March 5, 2021.
FOR FURTHER INFORMATION CONTACT:
Whitley Herndon or Eliza Siordia, AD/
CVD Operations, Office V, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–6274, or (202) 482–3878,
respectively.
SUPPLEMENTARY INFORMATION:
Background
jbell on DSKJLSW7X2PROD with NOTICES
This preliminary determination is
made in accordance with section 703(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on October 28, 2020.1 On December 3,
2020, Commerce postponed the
preliminary determination to February
26, 2021.2 For a complete description of
the events that followed the initiation of
this investigation, see the Preliminary
1 See Certain Aluminum Foil from the Sultanate
of Oman and the Republic of Turkey: Initiation of
Countervailing Duty Investigations, 85 FR 68287
(October 28, 2020) (Initiation Notice).
2 See Certain Aluminum Foil from the Sultanate
of Oman and the Republic of Turkey: Postponement
of Preliminary Determinations in the Countervailing
Duty Investigations, 85 FR 78121 (December 3,
2020).
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20:30 Mar 04, 2021
Jkt 253001
Decision Memorandum.3 A list of topics
discussed 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 electronic versions of
the Preliminary Decision Memorandum
are identical in content.
Scope of the Investigation
The product covered by this
investigation is aluminum foil from
Turkey. For a complete description of
the scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the Preamble to
Commerce’s regulations,4 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope).5 We received
several comments concerning the scope
of the antidumping duty (AD) and
countervailing duty (CVD)
investigations of aluminum foil as it
appeared in the Initiation Notice. We
are currently evaluating the scope
comments filed by the interested
parties. We intend to issue our
preliminary decision regarding the
scope of the AD and CVD investigations
in the preliminary determinations of the
companion AD investigations, the
deadline for which is April 27, 2021.6
We will incorporate the scope decisions
from the AD investigations into the
scope of the final CVD determination for
this investigation after considering any
relevant comments submitted in scope
case and rebuttal briefs.7
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Affirmative Determination in the
Countervailing Duty Investigation of Certain
Aluminum Foil from the Republic of Turkey,’’
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)
(Preamble).
5 See Initiation Notice, 85 FR at 68288.
6 See Certain Aluminum Foil from the Republic
of Armenia, Brazil, the Sultanate of Oman, the
Russian Federation, and the Republic of Turkey:
Postponement of Preliminary Determinations in the
Less-Than-Fair-Value Investigations, 86 FR 9909
(February 17, 2021).
7 The deadline for interested parties to submit
scope case and rebuttal briefs will be established in
the preliminary scope decision memorandum.
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Methodology
Commerce is conducting this
investigation in accordance with section
701 of the Act. For each of the subsidy
programs found countervailable,
Commerce preliminarily determines
that there is a subsidy, i.e., a financial
contribution by an ‘‘authority’’ that
gives rise to a benefit to the recipient,
and that the subsidy is specific.8
Commerce notes that, in making these
findings, it relied, in part, on facts
available and, because Commerce finds
that the Government of Turkey did not
act to the best of its ability to respond
to Commerce’s requests for information,
Commerce drew an adverse inference
where appropriate in selecting from
among the facts otherwise available.9
For further information, see ‘‘Use of
Facts Otherwise Available and
Application of Adverse Inferences’’ in
the Preliminary Decision Memorandum.
Alignment
As noted in the Preliminary Decision
Memorandum, in accordance with
section 705(a)(1) of the Act and 19 CFR
351.210(b)(4), Commerce is aligning the
final CVD determination in this
investigation with the final
determination in the companion AD
investigation of aluminum foil from
Turkey based on a request made by the
petitioners.10 Consequently, the final
CVD determination will be issued on
the same date as the final AD
determination, which is currently
scheduled to be issued no later than July
12, 2021, unless postponed.
All-Others Rate
Sections 703(d) and 705(c)(5)(A) of
the Act provide that in the preliminary
determination, Commerce shall
determine an estimated all-others rate
for companies not individually
examined. This rate shall be an amount
equal to the weighted average of the
estimated subsidy rates established for
those companies individually
examined, excluding any rates that are
zero, de minimis, or based entirely
under section 776 of the Act.
8 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
9 See sections 776(a) and (b) of the Act.
10 See Petitioners’ Letter, ‘‘Countervailing Duty
Investigations of Certain Aluminum Foil from the
Sultanate of Oman and the Republic of Turkey—
Petitioners’ Request to Align Final Countervailing
Duty Determinations With The Companion
Antidumping Duty Final Determinations,’’ dated
February 11, 2021. The petitioners are Aluminum
Association Trade Enforcement Working Group and
its individual members, Granges Americas Inc., JW
Aluminum Company, and Novelis Corporation.
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]]>Agencies
[Federal Register Volume 86, Number 42 (Friday, March 5, 2021)]
[Notices]
[Pages 12909-12911]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04567]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-851-804]
Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe
From the Czech Republic: Final Affirmative Determination of Sales at
Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that seamless
carbon and alloy steel standard, line, and pressure pipe (seamless
pipe) from the Czech Republic is being, or is likely to be, sold in the
United States at less than fair value (LTFV).
DATES: Applicable March 5, 2021.
FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov, AD/CVD Operations,
Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-0665.
SUPPLEMENTARY INFORMATION:
Background
On December 21, 2020, Commerce published in the Federal Register
the Preliminary Determination.\1\ We invited interested parties to
comment on the Preliminary Determination. We received comments on the
Preliminary Determination from Vallourec Star, LP (the petitioner), a
domestic producer of seamless pipe.\2\ In its case brief, the
petitioner urges Commerce to adopt the findings and results of the
Preliminary Determination in this final determination.\3\
---------------------------------------------------------------------------
\1\ See Seamless Carbon and Alloy Steel Standard, Line, and
Pressure Pipe from the Czech Republic: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, 85 FR 83059
(December 21, 2020) (Preliminary Determination).
\2\ See Petitioner's Letter, ``Seamless Carbon and Alloy Steel
Standard, Line, and Pressure Pipe (``SSLPP'') from Czechia: Case
Brief,'' dated January 20, 2021.
\3\ Id.
---------------------------------------------------------------------------
Period of Investigation
The period of investigation is July 1, 2019, through June 30, 2020.
Scope of the Investigation
The products covered by this investigation are seamless pipe and
redraw hollows from the Czech Republic, less than or equal to 16 inches
in nominal outside diameter, regardless of wall-thickness,
manufacturing process, end finish, or surface finish. For a full
description of the scope of this investigation, see the ``Scope of the
Investigation,'' in the Appendix to this notice.
Scope Comments
During the course of this investigation, Commerce received comments
from interested parties on the scope of the investigation as it
appeared in the Initiation Notice.\4\ Commerce issued a Preliminary
Scope Decision Memorandum to address these comments.\5\ We did not
receive comments from interested parties on the Preliminary Scope
Decision Memorandum. As discussed in Preliminary Scope Decision
Memorandum, Commerce is modifying the scope language as it appeared in
the Initiation Notice to clarify certain exclusions. See the revised
scope in the Appendix to this notice.
---------------------------------------------------------------------------
\4\ 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).
\5\ 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).
---------------------------------------------------------------------------
Use of Adverse Facts Available
As discussed in the Preliminary Determination, Commerce assigned to
the mandatory respondents in this investigation, Liberty Ostrava A.S.
and Moravia Steel A.S., estimated weighted-average dumping margins on
the basis of adverse facts available (AFA), pursuant to sections 776(a)
and (b) of the Tariff Act of 1930, as amended (the Act).\6\ There is no
new information on the record that would cause us to revisit our
decision in the Preliminary Determination. Accordingly, for this final
determination, we continue to find that the application of AFA pursuant
to sections 776(a) and (b) of the Act is
[[Page 12910]]
warranted with respect to Liberty Ostrava A.S. and Moravia Steel A.S.
---------------------------------------------------------------------------
\6\ See Preliminary Determination, 85 FR at 83060.
---------------------------------------------------------------------------
All-Others Rates
As discussed in the Preliminary Determination, Commerce based the
all-others rate on the simple average of the dumping margins alleged in
the petition, in accordance with section 735(c)(5)(B) of the Act.\7\ We
made no changes to the selection of the all-others rate for this final
determination.
---------------------------------------------------------------------------
\7\ Id.
---------------------------------------------------------------------------
Final Determination
The final estimated weighted-average dumping margins are as
follows:
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Liberty Ostrava A.S......................................... 51.70
Moravia Steel A.S........................................... 51.70
All Others.................................................. 51.07
------------------------------------------------------------------------
Disclosure
Normally, Commerce discloses to interested parties the calculations
performed in connection with a final determination, in accordance with
19 CFR 351.224(b). However, because Commerce applied AFA to both
mandatory respondents in this investigation, there are no calculations
to disclose.
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, Commerce will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all appropriate entries of seamless pipe from
the Czech Republic, as described in the Appendix to this notice,
entered, or withdrawn from warehouse, for consumption on or after
December 21, 2021, the date of publication of Preliminary Determination
in the Federal Register.
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), where appropriate, 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 respondents listed above will be equal to the company-specific
estimated weighted-average dumping margin determined in this final
determination; (2) if the exporter is not a respondent identified 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.
International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
International Trade Commission (ITC) of the final affirmative
determination of sales at LTFV. Because Commerce's final determination
is affirmative, in accordance with section 735(b)(2) of the Act, the
ITC will make its final determination as to whether the domestic
industry in the United States is materially injured, or threatened with
material injury, by reason of imports or sales (or the likelihood of
sales) for importation of seamless pipe from the Czech Republic no
later than 45 days after this final determination. If the ITC
determines that such injury does not exist, this proceeding will be
terminated, and all cash deposits posted will be refunded and
suspension of liquidation will be lifted. If the ITC determines that
such injury does exist, Commerce will issue an AD order directing CBP
to assess, upon further instruction by Commerce, antidumping duties on
all imports of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the effective date of the
suspension of liquidation, as discussed above in the ``Continuation of
Suspension of Liquidation'' section.
Notification Regarding Administrative Protective Orders
This notice will serve as a final reminder to the 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). Timely written
notification of return or 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 determination and notice is issued and published pursuant to
sections 735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c).
Dated: March 1, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix--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 A-53, 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,
[[Page 12911]]
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.
[FR Doc. 2021-04567 Filed 3-4-21; 8:45 am]
BILLING CODE 3510-DS-P
