Circular Welded Carbon-Quality Steel Pipe From the United Arab Emirates: Final Results of Antidumping Duty Administrative Review; 2018-2019, 59364-59366 [2021-23372]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 86, Number 205 (Wednesday, October 27, 2021)]
[Notices]
[Pages 59364-59366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23372]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-520-807]


Circular Welded Carbon-Quality Steel Pipe From the United Arab 
Emirates: Final Results of Antidumping Duty Administrative Review; 
2018-2019

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) determines that 
producers and/or exporters subject to this administrative review made 
sales of subject merchandise at less than fair value (LTFV) during the 
period of review (POR), December 1, 2018, through November 30, 2019.

DATES: Applicable October 27, 2021.

FOR FURTHER INFORMATION CONTACT: Benjamin A. Luberda or Steven Seifert, 
AD/CVD Operations, Office II, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-2185 or (202) 
482-3350, respectively.

SUPPLEMENTARY INFORMATION:

Background

    This review covers three producers/exporters of the subject 
merchandise. Commerce selected two mandatory respondents for individual 
examination: Ajmal Steel Tubes & Pipes Ind. L.L.C./Noble Steel 
Industries L.L.C. (collectively, Ajmal) \1\ and Universal Tube and 
Plastic Industries, Ltd./THL Tube and Pipe Industries LLC/KHK 
Scaffolding and Formwork LLC (collectively, Universal).\2\ The 
producer/

[[Page 59365]]

exporter not selected for individual examination is Conares Metal 
Supply Limited (Conares).
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    \1\ We collapsed Ajmal Steel Tubes & Pipes Ind. L.L.C. and Noble 
Steel Industries L.L.C. together in the final results of the 2016-
2017 administrative review. See Circular Welded Carbon-Quality Steel 
Pipe from the United Arab Emirates: Final Results of Antidumping 
Duty Administrative Review; 2016-2017, 84 FR 44845 (August 27, 2019) 
(CWP from the UAE 2016-2017 Final Results). Because there is no 
information on the record of this administrative review that would 
lead us to revisit this determination, we are continuing to treat 
these companies as part of a single entity for the purposes of this 
administrative review.
    \2\ Commerce previously determined that Universal is a single 
entity consisting of the following three producers/exporters of 
subject merchandise: Universal Tube and Plastic Industries, Ltd.; 
KHK Scaffolding and Framework LLC; and Universal Tube and Pipe 
Industries LLC (UTP). See Circular Welded Carbon-Quality Steel Pipe 
from the United Arab Emirates: Affirmative Preliminary Determination 
of Sales at Less Than Fair Value and Postponement of Final 
Determination, 81 FR 36882 (June 8, 2016), and accompanying 
Preliminary Decision Memorandum, unchanged in Circular Welded 
Carbon-Quality Steel Pipe from the United Arab Emirates: Final 
Determination of Sales at Less Than Fair Value, 81 FR 75030 (October 
28, 2016), and accompanying Issues and Decision Memorandum. Because 
there is no information on the record of this administrative review 
that would lead us to revisit this determination, we are continuing 
to treat these companies as part of a single entity for the purposes 
of this administrative review. Additionally, we previously 
determined that THL Tube and Pipe Industries LLC is the successor-
in-interest to UTP. See CWP from the UAE 2016-2017 Final Results.
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    On April 23, 2021, Commerce published the Preliminary Results.\3\ 
On August 13, 2021, we postponed the final results until October 20, 
2021.\4\ A summary of the events that occurred since Commerce published 
the Preliminary Results, as well as a full discussion of the issues 
raised by interested parties for these final results, may be found in 
the Issues and Decision Memorandum, which is hereby adopted by this 
notice.\5\ 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://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \3\ See Circular Welded Carbon-Quality Steel Pipe from the 
United Arab Emirates: Preliminary Results of Antidumping Duty 
Administrative Review and Partial Rescission of Antidumping Duty 
Administrative Review; 2018-2019, 86 FR 21688 (April 23, 2021) 
(Preliminary Results), and accompanying Preliminary Decision 
Memorandum.
    \4\ See Memorandum, ``Circular Welded Carbon-Quality Steel Pipe 
from the United Arab Emirates: Extension of Deadline for Final 
Results of 2018-2019 Administrative Review,'' dated August 13, 2021.
    \5\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2018-2019 Administrative Review of the 
Antidumping Duty Order on Circular Welded Carbon-Quality Steel Pipe 
from the United Arab Emirates,'' dated concurrently with, and hereby 
adopted by, this notice (Issues and Decision Memorandum).
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    Commerce conducted this administrative review in accordance with 
section 751 of the Tariff Act of 1930, as amended (the Act).

Scope of the Order

    The merchandise subject to the order is welded carbon-quality steel 
pipes and tube, of circular cross-section, with an outside diameter not 
more than nominal 16 inches (406.4 mm), regardless of wall thickness, 
surface finish, end finish, or industry specification, and generally 
known as standard pipe, fence pipe and tube, sprinkler pipe, or 
structural pipe (although subject product may also be referred to as 
mechanical tubing). The products subject to this order are currently 
classifiable in Harmonized Tariff Schedule of the United States (HTSUS) 
statistical reporting numbers 7306.19.1010, 7306.19.1050, 7306.19.5110, 
7306.19.5150, 7306.30.1000, 7306.30.5015, 7306.30.5020, 7306.30.5025, 
7306.30.5032, 7306.30.5040, 7306.30.5055, 7306.30.5085, 7306.30.5090, 
7306.50.1000, 7306.50.5030, 7306.50.5050, and 7306.50.5070. Although 
the HTSUS numbers are provided for convenience and for customs 
purposes, the written product description remains dispositive.\6\
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    \6\ For a complete description of the scope of the order, see 
the Issues and Decision Memorandum.
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Analysis of Comments Received

    All issues raised in case and rebuttal briefs by interested parties 
to this administrative review are addressed in the Issues and Decision 
Memorandum. For a list of issues raised by parties, see appendix to 
this notice.

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding the Preliminary Results, we made certain 
changes to the preliminary weighted-average margin calculations for 
Universal and for those companies not selected for individual 
review.\7\
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    \7\ See accompanying Issues and Decision Memorandum.
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Final Results of the Review

    We are assigning the following weighted-average dumping margins to 
the firms listed below for the period December 1, 2018, through 
November 30, 201:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
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Ajmal Steel Tubes & Pipes Ind. L.L.C./Noble Steel Industries       54.27
 L.L.C......................................................
Universal Tube and Plastic Industries, Ltd./THL Tube and            1.62
 Pipe Industries LLC/KHK Scaffolding and Formwork LLC.......
Conares Metal Supply Limited................................        1.62
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    We intend to disclose the calculations performed within five days 
of the date of publication of this notice to parties in this 
proceeding, in accordance with 19 CFR 351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 
351.212(b)(1), Commerce has determined, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries of subject merchandise in accordance with the final results of 
this review.
    Pursuant to 19 CFR 351.212(b)(1), where Universal reported the 
entered value of their U.S. sales, we calculated importer-specific ad 
valorem duty assessment rates based on the ratio of the total amount of 
dumping calculated for the examined sales to the total entered value of 
the sales for which entered value was reported. Where either the 
respondent's weighted-average dumping margin is zero or de minimis 
within the meaning of 19 CFR 351.106(c)(1), or an importer-specific 
rate is zero or de minimis, we will instruct CBP to liquidate the 
appropriate entries without regard to antidumping duties.
    The assessment rate for antidumping duties for the company not 
selected for individual examination (i.e., Conares) and for Ajmal, 
which has been assigned a rate based entirely on total adverse facts 
available, will be equal to the respective weighted-average dumping 
margin identified above in the Final Results of the Review. The final 
results of this review shall be the basis for the assessment of 
antidumping duties on entries of merchandise covered by the final 
results of this review and for future deposits of estimated duties, 
where applicable.\8\
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    \8\ See section 751(a)(2)(C) of the Act.
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    Commerce's ``automatic assessment'' will apply to entries of 
subject merchandise during the POR produced by companies included in 
these final results of review for which the reviewed

[[Page 59366]]

companies did not know that the merchandise they sold to the 
intermediary (e.g., a reseller, trading company, or exporter) was 
destined for the United States. In such instances, we will instruct CBP 
to liquidate unreviewed entries at the all-others rate if there is no 
rate for the intermediate company(ies) involved in the transaction.\9\
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    \9\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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    We intend to issue assessment instructions to CBP no earlier than 
35 days after the date of publication of the final results of this 
review in the Federal Register. If a timely summons is filed at the 
U.S. Court of International Trade, the assessment instructions will 
direct CBP not to liquidate relevant entries until the time for parties 
to file a request for a statutory injunction has expired (i.e., within 
90 days of publication).

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) The cash deposit rate for each specific 
company listed above will be that established in the final results of 
this review, except if the rate is less than 0.50 percent and, 
therefore, de minimis within the meaning of 19 CFR 351.106(c)(1), in 
which case the cash deposit rate will be zero; (2) for previously 
investigated companies not subject to this review, the cash deposit 
will continue to be the company-specific rate published for the most 
recently completed segment of this proceeding; (3) if the exporter is 
not a firm covered in this review, or a previous segment, but the 
manufacturer is, then the cash deposit rate will be the rate 
established for the most recent segment for the manufacturer of the 
merchandise; and (4) the cash deposit rate for all other manufacturers 
or exporters will continue to be 5.95 percent, the all-others rate 
established in the LTFV investigation.\10\ These deposit requirements, 
when imposed, shall remain in effect until further notice.
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    \10\ See Circular Welded Carbon-Quality Steel Pipe from the 
Sultanate of Oman, Pakistan, and the United Arab Emirates: Amended 
Final Affirmative Antidumping Duty Determination and Antidumping 
Duty Orders, 81 FR 91906, 91908 (December 19, 2016).
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Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification Regarding Administrative Protective Order

    This notice serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3), which continues to govern 
business proprietary information in this segment of the proceeding. 
Timely written notification of return/destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and the terms of an APO is a sanctionable 
violation.

Notification to Interested Parties

    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i) of the Act.

    Dated: October 20, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations performing the 
non-exclusive functions and duties of theAssistant Secretary for 
Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Use of Adverse Facts Available
V. Margin Calculations
VI. Discussion of Issues
    Ajmal-Specific Issue
    Comment 1: Application of Adverse Facts Available (AFA) Based on 
Failure to Cooperate
    Universal-Specific Issues
    Comment 2: Whether To Cap Universal's Cutting Revenue
    Comment 3: Whether To Revise Universal's Reported Theoretical 
Weight
    Comment 4: Whether To Use Universal's Most Recently Submitted 
Data Sets
    Other Issue
    Comment 5: Rate for the Non-Selected Company
VII. Recommendation

[FR Doc. 2021-23372 Filed 10-26-21; 8:45 am]
BILLING CODE 3510-DS-P