Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe From Ukraine: Final Affirmative Determination of Sales at Less Than Fair Value, 35272-35274 [2021-14137]
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35272
Federal Register / Vol. 86, No. 125 / Friday, July 2, 2021 / Notices
Department of Commerce collections
currently under review by OMB.
Written comments and
recommendations for the proposed
information collection should be
submitted within 30 days of the
publication of this notice on the
following website www.reginfo.gov/
public/do/PRAMain. Find this
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function and entering either the
title of the collection or the OMB
Control Number 0625–0227.
Sheleen Dumas,
Department PRA Clearance Officer, Office of
the Chief Information Officer, Commerce
Department.
[FR Doc. 2021–14157 Filed 7–1–21; 8:45 am]
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–823–819]
Seamless Carbon and Alloy Steel
Standard, Line, and Pressure Pipe
From Ukraine: Final Affirmative
Determination of Sales at Less Than
Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that imports of
seamless carbon and alloy steel
standard, line, and pressure pipe
(seamless pipe) from Ukraine are being,
or are likely to be, sold in the United
States at less than fair value (LTFV) for
the period of investigation, July 1, 2019,
through June 30, 2020.
DATES: Applicable July 2, 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:
lotter on DSK11XQN23PROD with NOTICES1
AGENCY:
Background
On February 10, 2021, Commerce
published in the Federal Register its
preliminary affirmative determination
in the LTFV investigation of seamless
pipe from Ukraine.1 Commerce invited
1 See 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, 86 FR 8889
(February 10, 2021) (Preliminary Determination),
VerDate Sep<11>2014
17:12 Jul 01, 2021
Jkt 253001
interested parties to comment on the
Preliminary Determination. The
mandatory respondent in this
investigation is Interpipe, the collapsed
entity which includes Interpipe Ukraine
LLC (Interpipe Ukraine), PJSC Interpipe
Niznedneprovksy Tube Rolling Plant
(NTRP), and LLC Interpipe Niko Tube
(Niko Tube). For a complete description
of the events that followed the
Preliminary Determination, see the
Issues and Decision Memorandum.2 The
Issues and 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 Issues and
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn.
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
We did not receive comments from
interested parties on the Preliminary
Scope Decision Memorandum.3 As
discussed in the Preliminary Scope
Decision Memorandum, Commerce
codified the scope language as it
appeared in the Initiation Notice to
clarify certain exclusions. See the scope
in Appendix I to this notice.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs that were submitted by
parties in this investigation are
addressed in the Issues and Decision
Memorandum. A list of the sections of
the Issues and Decision Memorandum
are in Appendix II of this notice.
Verification
Commerce was unable to conduct onsite verification of the information
relied upon in making its final
and accompanying Preliminary Decision
Memorandum.
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final 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 (Issues and Decision Memorandum).
3 See Memorandum, ‘‘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).
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
determination in this investigation.
However, we took additional steps in
lieu of an on-site verification to verify
the information relied upon in making
this final determination, in accordance
with section 782(i) of the Tariff Act of
1930, as amended (the Act).4
Changes Since the Preliminary
Determination
Based on our review and analysis of
the comments received from parties and
our findings related to our request for
information in lieu of verification, we
made certain changes to our
calculations of the dumping margin for
the sole respondent, Interpipe. For a
complete discussion of these changes,
see the Issues and Decision
Memorandum and Final Analysis
Memorandum.5
All-Others Rate
Section 735(c)(5)(A) of the Act
provides that the estimated weightedaverage dumping margin for all other
producers and exporters not
individually investigated shall be equal
to the weighted average of the estimated
weighted-average dumping margins
established for exporters and producers
individually investigated excluding
rates that are zero, de minimis, or
determined entirely under section 776
of the Act. Pursuant to section
735(c)(5)(B) of the Act, if the estimated
weighted-average dumping margins
established for all exporters and
producers individually examined are
zero, de minimis or determined based
entirely on facts otherwise available,
Commerce may use any reasonable
method to establish the estimated
weighted-average dumping margin for
all other producers or exporters.
Because the only individually
calculated dumping margin is not zero,
de minimis, or based entirely on facts
otherwise available, we assigned the
estimated weighted-average dumping
margin calculated for Interpipe to all
other producers and exporters of subject
merchandise, pursuant to section
735(c)(5)(A) of the Act.
Final Determination
The final estimated weighted-average
dumping margins are as follows:
4 See Commerce’s Letter, Questionnaire In Lieu of
an On-Site Verification, dated March 10, 2021; and
Interpipe’s Letter, ‘‘Antidumping Duty Investigation
on Seamless Carbon and Alloy Steel Standard, Line,
and Pressure Pipe from Ukraine: Resubmitting
Questionnaire in Lieu of Verification Response,’’
dated April 8, 2021.
5 See Memorandum, ‘‘Interpipe Final
Determination Analysis,’’ dated June 25, 2021.
E:\FR\FM\02JYN1.SGM
02JYN1
Federal Register / Vol. 86, No. 125 / Friday, July 2, 2021 / Notices
Act, the ITC will make its final
determination as to whether the
Exporter/producer
domestic industry in the United States
is materially injured, or threatened with
material injury, by reason of imports or
Interpipe Ukraine LLC/PJSC
sales (or the likelihood of sales) of
Interpipe Niznedneprovksy
seamless pipe no later than 45 days after
Tube Rolling Plant/LLC
Interpipe Niko Tube ................
23.75 this final determination. If the ITC
All Others ....................................
23.75 determines that such injury does not
exist, this proceeding will be
Disclosure
terminated, all cash deposits posted will
be refunded, and suspension of
In accordance with 19 CFR
liquidation will be lifted. If the ITC
351.224(b), within five days after the
date of any public announcement of the determines that such injury does exist,
Commerce will issue an antidumping
final determination or, if there is no
duty order directing CBP to assess, upon
public announcement, within five days
further instruction by Commerce,
after the date of publication of this
antidumping duties on all imports of the
notice in the Federal Register, we
subject merchandise entered, or
intend to disclose to parties to this
withdrawn from warehouse, for
proceeding the calculations performed
consumption on or after the effective
in this final determination.
date of the suspension of liquidation, as
Continuation of Suspension of
discussed above in the ‘‘Continuation of
Liquidation
Suspension of Liquidation’’ section.
In accordance with section
Notification Regarding Administrative
735(c)(1)(B) of the Act, Commerce will
Protective Orders
instruct U.S. Customs and Border
This notice will serve as a final
Protection (CBP) to continue to suspend
reminder to the parties subject to
liquidation of all appropriate entries of
administrative protective order (APO) of
seamless pipe from Ukraine, as
their responsibility concerning the
described in Appendix I of this notice,
disposition of proprietary information
which were entered, or withdrawn from
disclosed under APO in accordance
warehouse, for consumption on or after
with 19 CFR 351.305(a)(3). Timely
February 10, 2021, the date of
written notification of return or
publication in the Federal Register of
destruction of APO materials or
the affirmative Preliminary
conversion to judicial protective order is
Determination.
hereby requested. Failure to comply
Pursuant to section 735(c)(1)(B)(ii) of
with the regulations and the terms of an
the Act and 19 CFR 351.210(d), we will
APO is a sanctionable violation.
instruct CBP to require a cash deposit
for such entries of merchandise equal to Notification to Interested Parties
the following: (1) The cash deposit rate
This determination and this notice are
for the respondent listed in the table
issued and published pursuant to
above will be equal to the respondentsections 735(d) and 777(i)(1) of the Act
specific estimated dumping margin
and 19 CFR 351.210(c).
listed for the respondent in the table; (2)
Dated: June 25, 2021.
if the exporter is not identified in the
table above but the producer is, then the James Maeder,
Deputy Assistant Secretary for Antidumping
cash deposit rate will be equal to the
respondent-specific estimated dumping and Countervailing Duty Operations.
margin established for that producer of
Appendix I—Scope of the Investigation
the subject merchandise; and (3) the
The merchandise covered by the scope of
cash deposit rate for all other producers
this investigation is seamless carbon and
and exporters will be equal to the allalloy steel (other than stainless steel) pipes
others estimated dumping margin listed and redraw hollows, less than or equal to 16
in the table above. These suspension-of- inches (406.4 mm) in nominal outside
liquidation instructions will remain in
diameter, regardless of wall-thickness,
effect until further notice.
manufacturing process (e.g., hot finished or
Estimated
dumping
margin
(percent)
lotter on DSK11XQN23PROD with NOTICES1
International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we will notify the International
Trade Commission (ITC) of this final
affirmative determination of sales at
LTFV. Because Commerce’s final
determination is affirmative, in
accordance with section 735(b)(2) of the
VerDate Sep<11>2014
17:12 Jul 01, 2021
Jkt 253001
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
PO 00000
Frm 00015
Fmt 4703
Sfmt 4703
35273
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 Sections in the
Issues and Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Changes Since the Preliminary
Determination
V. Discussion of the Issues
Comment 1: Whether to Accept a Minor
Correction
Comment 2: Whether to Grant a
Constructed Export Price Offset
Comment 3: Whether to Deduct Section
232 Duties from U.S. Prices
Comment 4: Whether to Offset G&A
Expenses By Certain Other Net Sales
Revenue
Comment 5: Whether to Adjust Niko Tube
and NTRP’s Depreciation Expenses
E:\FR\FM\02JYN1.SGM
02JYN1
35274
Federal Register / Vol. 86, No. 125 / Friday, July 2, 2021 / Notices
VI. Recommendation
[FR Doc. 2021–14137 Filed 7–1–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–909]
Seamless Carbon and Alloy Steel
Standard, Line, and Pressure Pipe
From the Republic of Korea: Final
Affirmative Determination of Sales at
Less Than Fair Value
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 Republic of Korea (Korea) 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.
DATES: Applicable July 2, 2021.
FOR FURTHER INFORMATION CONTACT:
Joshua DeMoss, AD/CVD Operations,
Office VI, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3362.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On February 10, 2021, Commerce
published the Preliminary
Determination of sales at LTFV of
seamless pipe from Korea, in which we
also postponed the final determination
to June 25, 2021.1 On March 25, 2021,
Commerce published its PostPreliminary Determination with respect
to the particular market situation
analysis.2 We invited interested parties
to comment on the Preliminary
relied upon in making its final
determination in this investigation.
However, we took additional steps in
lieu of an on-site verification to verify
the information relied upon in making
this final determination, in accordance
with section 782(i) of the Tariff Act of
1930, as amended (the Act).5
Determination and the Post-Preliminary
Determination. The mandatory
respondent in this investigation is ILJIN
Steel Corporation (ILJIN). For a
complete description of the events that
followed the Preliminary Determination,
see the Issues and Decision
Memorandum.3 The Issues and 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 Issues and
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/.
Changes Since the Preliminary
Determination
Scope of the Investigation
All-Others Rate
The product covered by this
investigation is seamless pipe from
Korea. For a complete description of the
scope of this investigation, see
Appendix I.
All issues raised in the case and
rebuttal briefs by parties in this
investigation are discussed in the Issues
and Decision Memorandum. A list of
topics included in the Issues and
Decision Memorandum is included as
Appendix II to this notice.
Section 735(c)(5)(A) of the Act
provides that the estimated all-others
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 or de minimis margins, and
margins determined entirely under
section 776 of the Act.
Commerce calculated an individual
estimated weighted-average dumping
margin for ILJIN, 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 ILJIN is the
margin assigned to all other producers
and exporters, pursuant to section
735(c)(5)(A) of the Act.
Verification
Final Determination
Commerce was unable to conduct onsite verification of the information
The final estimated weighted-average
dumping margins are as follows:
Scope Comments
We did not receive comments from
interested parties on the Preliminary
Scope Decision Memorandum.4 As
discussed in the Preliminary Scope
Decision Memorandum, Commerce
modified the scope language as it
appeared in the Initiation Notice to
clarify certain exclusions. See the scope
in Appendix I to this notice.
Analysis of Comments Received
Based on our analysis of the
comments received, we made certain
changes to the margin calculations for
ILJIN. We have also revised the allothers rate. For a complete discussion of
these changes, see the Issues and
Decision Memorandum.
Estimated
weighted-average
dumping margin
(percent)
Exporter/producer
lotter on DSK11XQN23PROD with NOTICES1
ILJIN Steel Corporation ...........................................................................................................................
All Others .................................................................................................................................................
1 See Seamless Carbon and Alloy Steel Standard,
Line, and Pressure Pipe from the Republic of Korea:
Preliminary Affirmative Determination of Sales at
Less Than Fair Value, Postponement of Final
Determination, and Extension of Provisional
Measures, 86 FR 8887 (February 10, 2021)
(Preliminary Determination), and accompanying
Preliminary Decision Memorandum (PDM).
2 See Memorandum, ‘‘Seamless Carbon and Alloy
Steel Standard, Line, and Pressure Pipe from the
Republic of Korea: Post-Preliminary Analysis of
VerDate Sep<11>2014
17:12 Jul 01, 2021
Jkt 253001
Particular Market Situation Allegations,’’ dated
March 25, 2021 (Post-Preliminary Determination).
3 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Affirmative
Determination in the Less-Than-Fair-Value
Investigation of Seamless Carbon and Alloy Steel
Standard, Line, and Pressure Pipe from the
Republic of Korea,’’ dated concurrently with, and
hereby adopted by, this notice (Issues and Decision
Memorandum).
4 See Memorandum, ‘‘Seamless Carbon and Alloy
Steel Standard, Line, and Pressure Pipe from the
PO 00000
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Fmt 4703
Sfmt 4703
4.48
4.48
Cash deposit rate
(adjusted for
subsidy offset)
(percent) 6
4.44
4.44
Czech Republic, the Republic of Korea, the Russian
Federation, and Ukraine: Preliminary Scope
Decision Memorandum,’’ dated January 13, 2021
(Preliminary Scope Decision Memorandum).
5 See Commerce’s Letter, Questionnaire In-Lieuof-Onsite-Verification, dated April 9, 2021; see also
ILJIN’s Letter, ‘‘Seamless Carbon and Alloy Steel
Standard, Line, and Pressure Pipe from the
Republic of Korea: In Lieu of On-Site Verification
Questionnaire Response,’’ dated April 19, 2021.
E:\FR\FM\02JYN1.SGM
02JYN1
]]>Agencies
[Federal Register Volume 86, Number 125 (Friday, July 2, 2021)]
[Notices]
[Pages 35272-35274]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14137]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-823-819]
Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe
From Ukraine: 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 imports
of seamless carbon and alloy steel standard, line, and pressure pipe
(seamless pipe) from Ukraine are being, or are likely to be, sold in
the United States at less than fair value (LTFV) for the period of
investigation, July 1, 2019, through June 30, 2020.
DATES: Applicable July 2, 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
On February 10, 2021, Commerce published in the Federal Register
its preliminary affirmative determination in the LTFV investigation of
seamless pipe from Ukraine.\1\ Commerce invited interested parties to
comment on the Preliminary Determination. The mandatory respondent in
this investigation is Interpipe, the collapsed entity which includes
Interpipe Ukraine LLC (Interpipe Ukraine), PJSC Interpipe
Niznedneprovksy Tube Rolling Plant (NTRP), and LLC Interpipe Niko Tube
(Niko Tube). For a complete description of the events that followed the
Preliminary Determination, see the Issues and Decision Memorandum.\2\
The Issues and 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 Issues and Decision Memorandum can
be accessed directly at https://enforcement.trade.gov/frn.
---------------------------------------------------------------------------
\1\ See 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, 86 FR 8889 (February 10,
2021) (Preliminary Determination), and accompanying Preliminary
Decision Memorandum.
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final 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 (Issues and 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
We did not receive comments from interested parties on the
Preliminary Scope Decision Memorandum.\3\ As discussed in the
Preliminary Scope Decision Memorandum, Commerce codified the scope
language as it appeared in the Initiation Notice to clarify certain
exclusions. See the scope in Appendix I to this notice.
---------------------------------------------------------------------------
\3\ See Memorandum, ``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).
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs that were
submitted by parties in this investigation are addressed in the Issues
and Decision Memorandum. A list of the sections of the Issues and
Decision Memorandum are in Appendix II of this notice.
Verification
Commerce was unable to conduct on-site verification of the
information relied upon in making its final determination in this
investigation. However, we took additional steps in lieu of an on-site
verification to verify the information relied upon in making this final
determination, in accordance with section 782(i) of the Tariff Act of
1930, as amended (the Act).\4\
---------------------------------------------------------------------------
\4\ See Commerce's Letter, Questionnaire In Lieu of an On-Site
Verification, dated March 10, 2021; and Interpipe's Letter,
``Antidumping Duty Investigation on Seamless Carbon and Alloy Steel
Standard, Line, and Pressure Pipe from Ukraine: Resubmitting
Questionnaire in Lieu of Verification Response,'' dated April 8,
2021.
---------------------------------------------------------------------------
Changes Since the Preliminary Determination
Based on our review and analysis of the comments received from
parties and our findings related to our request for information in lieu
of verification, we made certain changes to our calculations of the
dumping margin for the sole respondent, Interpipe. For a complete
discussion of these changes, see the Issues and Decision Memorandum and
Final Analysis Memorandum.\5\
---------------------------------------------------------------------------
\5\ See Memorandum, ``Interpipe Final Determination Analysis,''
dated June 25, 2021.
---------------------------------------------------------------------------
All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated
weighted-average dumping margin for all other producers and exporters
not individually investigated shall be equal to the weighted average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated excluding rates that
are zero, de minimis, or determined entirely under section 776 of the
Act. Pursuant to section 735(c)(5)(B) of the Act, if the estimated
weighted-average dumping margins established for all exporters and
producers individually examined are zero, de minimis or determined
based entirely on facts otherwise available, Commerce may use any
reasonable method to establish the estimated weighted-average dumping
margin for all other producers or exporters.
Because the only individually calculated dumping margin is not
zero, de minimis, or based entirely on facts otherwise available, we
assigned the estimated weighted-average dumping margin calculated for
Interpipe to all other producers and exporters of subject merchandise,
pursuant to section 735(c)(5)(A) of the Act.
Final Determination
The final estimated weighted-average dumping margins are as
follows:
[[Page 35273]]
------------------------------------------------------------------------
Estimated
dumping
Exporter/producer margin
(percent)
------------------------------------------------------------------------
Interpipe Ukraine LLC/PJSC Interpipe Niznedneprovksy Tube 23.75
Rolling Plant/LLC Interpipe Niko Tube......................
All Others.................................................. 23.75
------------------------------------------------------------------------
Disclosure
In accordance with 19 CFR 351.224(b), within five days after the
date of any public announcement of the final determination or, if there
is no public announcement, within five days after the date of
publication of this notice in the Federal Register, we intend to
disclose to parties to this proceeding the calculations performed in
this final determination.
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
Ukraine, as described in Appendix I of this notice, which were entered,
or withdrawn from warehouse, for consumption on or after February 10,
2021, the date of publication in the Federal Register of the
affirmative Preliminary Determination.
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), we will instruct CBP to require a cash deposit for such
entries of merchandise equal to the following: (1) The cash deposit
rate for the respondent listed in the table above will be equal to the
respondent-specific estimated dumping margin listed for the respondent
in the table; (2) if the exporter is not identified in the table above
but the producer is, then the cash deposit rate will be equal to the
respondent-specific estimated 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 dumping margin listed in the table above. 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 this 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) of seamless pipe no later than 45 days after this final
determination. If the ITC determines that such injury does not exist,
this proceeding will be terminated, 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
antidumping duty 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 this notice are issued and published
pursuant to sections 735(d) and 777(i)(1) of the Act and 19 CFR
351.210(c).
Dated: June 25, 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 Sections in the Issues and Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Changes Since the Preliminary Determination
V. Discussion of the Issues
Comment 1: Whether to Accept a Minor Correction
Comment 2: Whether to Grant a Constructed Export Price Offset
Comment 3: Whether to Deduct Section 232 Duties from U.S. Prices
Comment 4: Whether to Offset G&A Expenses By Certain Other Net
Sales Revenue
Comment 5: Whether to Adjust Niko Tube and NTRP's Depreciation
Expenses
[[Page 35274]]
VI. Recommendation
[FR Doc. 2021-14137 Filed 7-1-21; 8:45 am]
BILLING CODE 3510-DS-P
