Large Diameter Welded Pipe From Greece: Final Results of Antidumping Duty Administrative Review; 2019-2020, 7120-7122 [2022-02637]
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7120
Federal Register / Vol. 87, No. 26 / Tuesday, February 8, 2022 / Notices
review.8 In accordance with 19 CFR
351.212(b)(1), Commerce calculated an
importer-specific ad valorem
antidumping assessment rate for Kaptan
Demir that is not zero or de minimis,
and will instruct CBP to assess
antidumping duties on all appropriate
entries covered by this review.
Commerce will also instruct CBP to
apply an ad valorem assessment rate of
1.02 percent to all entries of subject
merchandise during the POR which
were produced and/or exported by Icdas
Celik Enerji Tersane ve Ulasim Sanayi
A.S., Kroman Celik Sanayi A.S., Yu¨cel
Boru Ithalat-Ihracat ve Pazarlama A.S
¸ .,
and Diler Dis Ticaret A.S. In addition,
we continue to find that Habas had no
shipments during the POR. Accordingly,
consistent with Commerce’s practice,
we intend to instruct CBP to liquidate
any existing entries of merchandise
produced by Habas, but exported by
other parties, at the rate for the
intermediate reseller, if available, or at
the all-others rate.9
Consistent with Commerce’s
assessment practice, for entries of
subject merchandise during the POR
produced by Kaptan Demir for which it
did not know that the merchandise was
destined for the United States, 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.10
Commerce intends 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).
khammond on DSKJM1Z7X2PROD with NOTICES
Cash Deposit Requirements
The following 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withdrawn from warehouse, for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 the companies
under review will be the rate
8 See Antidumping Proceeding: Calculation of the
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty
Proceedings; Final Modification, 77 FR 8101
(February 14, 2012).
9 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
10 Id.
VerDate Sep<11>2014
16:16 Feb 07, 2022
Jkt 256001
established in the final results of this
review (except, if the ad valorem rate is
de minimis, then the cash deposit rate
will be zero); (2) for previously
reviewed or investigated companies not
covered in this review, the cash deposit
rate will continue to be the companyspecific rate published for the most
recently-completed segment of this
proceeding in which the company was
reviewed; (3) if the exporter is not a firm
covered in this review, a prior review,
or the original investigation, but the
producer is, the cash deposit rate will be
the rate established for the most
recently-completed segment of this
proceeding for the producer of subject
merchandise; and (4) the cash deposit
rate for all other manufacturers or
exporters will continue to be 3.90
percent, the all-others rate established
in the investigation.11 These cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
Notification to Importers
This notice serves as 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
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of doubled
antidumping duties.
Administrative Protective Order
This notice also serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
return or destruction of proprietary
information disclosed under the APO in
accordance with 19 CFR 351.305(a)(3).
Timely written notification of the return
or destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing these
final results in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.213(h) and 351.221(b)(5).
11 See
PO 00000
Order, 87 FR 935.
Frm 00037
Fmt 4703
Sfmt 4703
Dated: February 2, 2022.
Lisa W. Wang,
Assistant 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. Companies not Selected for Individual
Examination
V. Final Determination of no Shipments
VI. Affiliation and Single Entities
VII. Changes Since the Preliminary Results
VIII. Discussion of the Issues
Comment 1: Whether Commerce Should
Accept Colakoglu’s Verification Exhibits
Comment 2: Whether Commerce Should
Deny Colakoglu’s Duty Drawback
Adjustment
Comment 3: Whether Commerce Should
Grant the Turkish Respondents a Full
Duty Drawback Adjustment
Comment 4: Whether Commerce Should
Use Contract Date for Kaptan Demir’s
U.S. Date of Sale
Comment 5: Whether Section 232 Duties
Should be Deducted from Export Price
Comment 6: Whether Commerce Should
Reclassify Kaptan Demir’s Claimed
Levels of Trade
Comment 7: Whether Commerce Should
Adjust the Value of Kaptan Demir’s
Scrap and Defective Merchandise
Comment 8: Whether Commerce Should
Adjust Kaptan Demir’s TOTCOM for Idle
Asset Expenses
Comment 9: Whether Commerce Should
Treat INTNFR2U as a Movement
Expense or Commission Expense
Comment 10: Whether Commerce Should
Permit an Offset for Kaptan Demir’s
Short Term Deposit Income
IX. Recommendation
[FR Doc. 2022–02638 Filed 2–7–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–484–803]
Large Diameter Welded Pipe From
Greece: Final Results of Antidumping
Duty Administrative Review; 2019–
2020
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that the
producer/exporter subject to this
administrative review made sales of
subject merchandise at less than normal
value during the period of review (POR),
April 19, 2019, through April 30, 2020.
DATES: Applicable February 8, 2022.
FOR FURTHER INFORMATION CONTACT: Paul
Litwin, AD/CVD Operations, Office II,
AGENCY:
E:\FR\FM\08FEN1.SGM
08FEN1
Federal Register / Vol. 87, No. 26 / Tuesday, February 8, 2022 / Notices
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–6002.
SUPPLEMENTARY INFORMATION:
Background
This review covers one producer and
exporter of the subject merchandise,
Corinth Pipeworks Pipe Industry S.A.
(Corinth). On August 6, 2021,
Commerce published the Preliminary
Results.1 In September 2021, we
received case and rebuttal briefs from
the petitioners 2 and Corinth.3 On
October 26, 2021, we held a public
hearing to discuss interested parties’
comments.4 For a description of the
events that occurred since the
Preliminary Results, see the Issues and
Decision Memorandum.5 On November
19, 2021, Commerce extended the final
results of this review by 60 days, until
February 2, 2022.6
Commerce conducted this
administrative review in accordance
with section 751 of the Tariff Act of
1930, as amended (the Act).
khammond on DSKJM1Z7X2PROD with NOTICES
Scope of the Order
The merchandise covered by this
order is welded carbon and alloy steel
line pipe (other than stainless steel
pipe), more than 406.4 mm (16 inches)
in nominal outside diameter (large
diameter welded line pipe), regardless
of wall thickness, length, surface finish,
grade, end finish, or stenciling. Large
diameter welded pipe may be used to
1 See Large Diameter Welded Pipe from Greece:
Preliminary Results of Antidumping Duty
Administrative Review; 2019–2020, 86 FR 43172
(August 6, 2021) (Preliminary Results).
2 The petitioners are American Cast Iron Pipe
Company, Berg Steel Pipe Corp., Berg Spiral Pipe
Corp., Dura-Bond Industries, JS W Steel (USA) Inc.,
Stupp Corporation, Welspun Global Trade LLC,
individually and as members of the American Line
Pipe Producers Association; Greens Bayou Pipe
Mill, LP; Skyline Steel; and Trinity Products LLC
(collectively, the petitioners).
3 See Petitioners’ Letter, ‘‘Case Brief,’’ dated
September 14, 2021; see also Corinth’s Letter, ‘‘Case
Brief on behalf of Corinth Pipeworks and Corinth
America,’’ dated September 14, 2021; Petitioners’
Letter, ‘‘Rebuttal Brief,’’ dated September 28, 2021;
and Corinth’s Letter, ‘‘Rebuttal Brief on Behalf of
Corinth Pipeworks and Corinth America,’’ dated
September 28, 2021.
4 See Memorandum, ‘‘2019–2020 Administrative
Review of Large Diameter Welded Pipe from
Greece: Scheduling of Public Hearing,’’ dated
October 26, 2021.
5 See Memorandum, ‘‘Decision Memorandum for
the Final Results of the 2019–2020 Administrative
Review of the Antidumping Duty Order on Large
Diameter Welded Carbon and Alloy Steel Line Pipe
from Greece,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
6 See Memorandum, ‘‘Extension of Deadline for
Final Results of 2019–2020 Antidumping Duty
Administrative Review,’’ dated November 19, 2021.
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16:16 Feb 07, 2022
Jkt 256001
transport oil, gas, slurry, steam, or other
fluids, liquids, or gases.
The large diameter welded line pipe
that is subject to this order is currently
classifiable in the Harmonized Tariff
Schedule of the United States (HTSUS)
under subheadings 7305.11.1030,
7305.11.1060, 7305.11.5000,
7305.12.1030, 7305.12.1060,
7305.12.5000, 7305.19.1030,
7305.19.1060, and 7305.19.5000.
Merchandise currently classifiable
under subheadings 7305.31.4000,
7305.31.6090, 7305.39.1000 and
7305.39.5000 and that otherwise meets
the above scope language is also
covered. While the HTSUS subheadings
are provided for convenience and
customs purposes, the written
description of the scope of this order is
dispositive.7
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs are listed in the appendix
to this notice and addressed in the
Issues and Decision Memorandum.8
Interested parties can find a complete
discussion of these issues and the
corresponding recommendations in this
public memorandum, which 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.
Changes Since the Preliminary Results
Based on a review of the record and
comments received from interested
parties regarding our Preliminary
Results, we find it appropriate to apply
a dumping margin based on total
adverse facts available (AFA) to Corinth,
in accordance with sections 776(a) and
(b) of the Act.9 For further discussion,
see the Issues and Decision
Memorandum.
7 On June 22, 2020, Commerce published a notice
in the Federal Register revoking the order, in part,
with respect to certain welded pipe products with
specific combinations of grades, diameters, and
wall thicknesses in response to a changed
circumstances review request. This change in the
scope was effective as of June 22, 2020, and, thus,
not applicable to this review. See Large Diameter
Welded Pipe from Greece: Final Results of
Antidumping Duty Changed Circumstances
Reviews, 85 FR 37424 (June 22, 2020). For a full
description of the scope of the order, see Issues and
Decision Memorandum.
8 See Issues and Decision Memorandum.
9 Id.
PO 00000
Frm 00038
Fmt 4703
Sfmt 4703
7121
Final Results of the Review
We are assigning the following
weighted-average dumping margin to
the firm listed below for the period
April 19, 2019, through April 30, 2020:
Producers/exporters
Corinth Pipeworks Pipe Industry
S.A ..........................................
Weightedaverage
dumping
margin
(percent)
41.04
Disclosure
Normally, Commerce discloses to
interested parties the calculations
performed in connection with a final
determination within five days of any
public announcement or, if there is no
public announcement, within five days
of the date of publication of the notice
of final determination in the Federal
Register, in accordance with 19 CFR
351.224(b). However, because
Commerce applied total AFA to the sole
mandatory respondent in this review in
accordance with section 776 of the Act,
and the AFA dumping margin is based
solely on the petition, there are no
calculations to disclose.
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.
Because we are applying total AFA as
to Corinth’s entries for this POR, we will
instruct CBP to apply an assessment rate
to all entries Corinth produced and/or
exported equal to the dumping margin
indicated above.
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
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.
Commerce intends 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.
E:\FR\FM\08FEN1.SGM
08FEN1
7122
Federal Register / Vol. 87, No. 26 / Tuesday, February 8, 2022 / Notices
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).
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.
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 Corinth will be
the rate shown above; (2) for previously
investigated companies not
participating in this review, the cash
deposit rate 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 the
original less-than-fair-value (LTFV)
investigation, but the manufacturer is,
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 10.26
percent, the all-others rate made
effective by the LTFV investigation.10
These deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Interested Parties
This notice is being issued and
published in accordance with sections
751(a)(1) and 777(i) of the Act, and 19
CFR 351.213.
khammond on DSKJM1Z7X2PROD with NOTICES
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 Commerce’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
10 See Large Diameter Welded Pipe from Greece:
Amended Final Affirmative Antidumping
Determination and Antidumping Duty Order, 84 FR
18769 (May 2, 2019).
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16:16 Feb 07, 2022
Jkt 256001
Dated: February 2, 2022.
Lisa W. Wang,
Assistant 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. Application of Facts Available and Use of
Adverse Inferences
V. Discussion of the Issues
Comment 1: Application of Total Adverse
Facts Available (AFA) for Corinth’s
Failure to Provide an Adequate Cost
Reconciliation
Comment 2: Application of Total AFA for
Corinth’s Failure to Provide Adequate
Cost Buildups
Comment 3: Application of Partial AFA to
Corinth’s Unreconciled Costs
Comment 4: Adjustment of Corinth’s
Reported Interest Expense Ratio to
Account for Certain Excluded Expenses
Comment 5: Inclusion of ‘‘Idle’’ Costs in
Corinth’s General and Administrative
(G&A) Expenses
Comment 6: Application of Partial AFA to
Services Provided by Dia.Vi.Pe.Thi.V
S.A
Comment 7: Double Counting of Foreign
Port Charges on U.S. Sales
Comment 8: Section 232 Duty Deduction
from Corinth’s Constructed Export Price
(CEP)
VI. Recommendation
[FR Doc. 2022–02637 Filed 2–7–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–906, A–821–836]
Sodium Nitrite From India and the
Russian Federation: Initiation of LessThan-Fair-Value Investigations
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable February 2, 2022.
FOR FURTHER INFORMATION CONTACT: Joy
Zhang (India) or Paola Aleman Ordaz
(the Russian Federation (Russia)); AD/
CVD Operations, Offices III and IV,
AGENCY:
PO 00000
Frm 00039
Fmt 4703
Sfmt 4703
respectively, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–1168 and (202) 482–4031,
respectively.
SUPPLEMENTARY INFORMATION:
The Petitions
On January 13, 2022, the Department
of Commerce (Commerce) received
antidumping duty (AD) petitions
concerning imports of sodium nitrite
from India and Russia filed in proper
form on behalf of Chemtrade Chemicals
US, LLC (the petitioner), a domestic
producer of sodium nitrite.1 The
Petitions were accompanied by
countervailing duty (CVD) petitions
concerning imports of sodium nitrite
from India and Russia.2
Between January 19 and 27, 2022,
Commerce requested supplemental
information pertaining to certain aspects
of the Petitions in separate
supplemental questionnaires and
telephone calls.3 The petitioner filed
responses to the supplemental
questionnaires on January 21, 24, and
27, 2022.4
1 See Petitioner’s Letter, ‘‘Sodium Nitrite from
India and Russia: Antidumping and Countervailing
Duty Petitions,’’ dated January 13, 2022 (the
Petitions).
2 Id.
3 See Commerce’s Letters, ‘‘Petitions for the
Imposition of Antidumping and Countervailing
Duties on Imports of Sodium Nitrite from India and
the Russian Federation: Supplemental Questions,’’
dated January 19, 2022; ‘‘Petition for the Imposition
of Antidumping Duties on Imports of Sodium
Nitrite from India: Supplemental Questions,’’ dated
January 19, 2022; and ‘‘Petition for the Imposition
of Antidumping Duties on Imports of Sodium
Nitrite from the Russian Federation: AD
Questions,’’ dated January 20, 2022; see also
Memoranda, ‘‘Phone Call with Counsel to the
Petitioner,’’ dated January 27, 2022.
4 See Petitioner’s Letters, ‘‘Petition for the
Imposition of Antidumping and Countervailing
Duties on Imports of Sodium Nitrite from India and
Russia: Supplemental Questionnaire Responses to
Petition General Issues,’’ dated January 21, 2022
(General Issues Supplement); ‘‘Sodium Nitrite from
India and Russia: Errata to Supplemental
Questionnaire Responses to Petition General
Issues,’’ dated January 24, 2022 (General Issues
Errata); ‘‘Sodium Nitrite from India: Responses to
Supplemental Questions Regarding the
Antidumping Duty Petition,’’ dated January 24,
2022; ‘‘Petition for the Imposition of Antidumping
Duties on Imports of Sodium Nitrite from Russia:
Responses to Supplemental Questions Regarding
the Antidumping Duty Petition,’’ dated January 24,
2022; ‘‘Sodium Nitrite from India and Russia:
Second Supplemental Questionnaire Response to
Petition General Issues,’’ dated January 27, 2022
(Second General Issues Supplement); ‘‘Sodium
Nitrite from India: Responses to Second
Supplemental Questions Regarding the
Antidumping Duty Petition,’’ dated January 27,
2022; and ‘‘Petition for the Imposition of
Antidumping Duties on Imports of Sodium Nitrite
from Russia: Responses to Second Supplemental
Questions Regarding the Antidumping Duty
Petition,’’ dated January 27, 2022.
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Agencies
[Federal Register Volume 87, Number 26 (Tuesday, February 8, 2022)]
[Notices]
[Pages 7120-7122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02637]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-484-803]
Large Diameter Welded Pipe From Greece: Final Results of
Antidumping Duty Administrative Review; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that the
producer/exporter subject to this administrative review made sales of
subject merchandise at less than normal value during the period of
review (POR), April 19, 2019, through April 30, 2020.
DATES: Applicable February 8, 2022.
FOR FURTHER INFORMATION CONTACT: Paul Litwin, AD/CVD Operations, Office
II,
[[Page 7121]]
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202) 482-6002.
SUPPLEMENTARY INFORMATION:
Background
This review covers one producer and exporter of the subject
merchandise, Corinth Pipeworks Pipe Industry S.A. (Corinth). On August
6, 2021, Commerce published the Preliminary Results.\1\ In September
2021, we received case and rebuttal briefs from the petitioners \2\ and
Corinth.\3\ On October 26, 2021, we held a public hearing to discuss
interested parties' comments.\4\ For a description of the events that
occurred since the Preliminary Results, see the Issues and Decision
Memorandum.\5\ On November 19, 2021, Commerce extended the final
results of this review by 60 days, until February 2, 2022.\6\
---------------------------------------------------------------------------
\1\ See Large Diameter Welded Pipe from Greece: Preliminary
Results of Antidumping Duty Administrative Review; 2019-2020, 86 FR
43172 (August 6, 2021) (Preliminary Results).
\2\ The petitioners are American Cast Iron Pipe Company, Berg
Steel Pipe Corp., Berg Spiral Pipe Corp., Dura-Bond Industries, JS W
Steel (USA) Inc., Stupp Corporation, Welspun Global Trade LLC,
individually and as members of the American Line Pipe Producers
Association; Greens Bayou Pipe Mill, LP; Skyline Steel; and Trinity
Products LLC (collectively, the petitioners).
\3\ See Petitioners' Letter, ``Case Brief,'' dated September 14,
2021; see also Corinth's Letter, ``Case Brief on behalf of Corinth
Pipeworks and Corinth America,'' dated September 14, 2021;
Petitioners' Letter, ``Rebuttal Brief,'' dated September 28, 2021;
and Corinth's Letter, ``Rebuttal Brief on Behalf of Corinth
Pipeworks and Corinth America,'' dated September 28, 2021.
\4\ See Memorandum, ``2019-2020 Administrative Review of Large
Diameter Welded Pipe from Greece: Scheduling of Public Hearing,''
dated October 26, 2021.
\5\ See Memorandum, ``Decision Memorandum for the Final Results
of the 2019-2020 Administrative Review of the Antidumping Duty Order
on Large Diameter Welded Carbon and Alloy Steel Line Pipe from
Greece,'' dated concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
\6\ See Memorandum, ``Extension of Deadline for Final Results of
2019-2020 Antidumping Duty Administrative Review,'' dated November
19, 2021.
---------------------------------------------------------------------------
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 covered by this order is welded carbon and alloy
steel line pipe (other than stainless steel pipe), more than 406.4 mm
(16 inches) in nominal outside diameter (large diameter welded line
pipe), regardless of wall thickness, length, surface finish, grade, end
finish, or stenciling. Large diameter welded pipe may be used to
transport oil, gas, slurry, steam, or other fluids, liquids, or gases.
The large diameter welded line pipe that is subject to this order
is currently classifiable in the Harmonized Tariff Schedule of the
United States (HTSUS) under subheadings 7305.11.1030, 7305.11.1060,
7305.11.5000, 7305.12.1030, 7305.12.1060, 7305.12.5000, 7305.19.1030,
7305.19.1060, and 7305.19.5000. Merchandise currently classifiable
under subheadings 7305.31.4000, 7305.31.6090, 7305.39.1000 and
7305.39.5000 and that otherwise meets the above scope language is also
covered. While the HTSUS subheadings are provided for convenience and
customs purposes, the written description of the scope of this order is
dispositive.\7\
---------------------------------------------------------------------------
\7\ On June 22, 2020, Commerce published a notice in the Federal
Register revoking the order, in part, with respect to certain welded
pipe products with specific combinations of grades, diameters, and
wall thicknesses in response to a changed circumstances review
request. This change in the scope was effective as of June 22, 2020,
and, thus, not applicable to this review. See Large Diameter Welded
Pipe from Greece: Final Results of Antidumping Duty Changed
Circumstances Reviews, 85 FR 37424 (June 22, 2020). For a full
description of the scope of the order, see Issues and Decision
Memorandum.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs are listed in the
appendix to this notice and addressed in the Issues and Decision
Memorandum.\8\ Interested parties can find a complete discussion of
these issues and the corresponding recommendations in this public
memorandum, which 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.
---------------------------------------------------------------------------
\8\ See Issues and Decision Memorandum.
---------------------------------------------------------------------------
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, we find it
appropriate to apply a dumping margin based on total adverse facts
available (AFA) to Corinth, in accordance with sections 776(a) and (b)
of the Act.\9\ For further discussion, see the Issues and Decision
Memorandum.
---------------------------------------------------------------------------
\9\ Id.
---------------------------------------------------------------------------
Final Results of the Review
We are assigning the following weighted-average dumping margin to
the firm listed below for the period April 19, 2019, through April 30,
2020:
------------------------------------------------------------------------
Weighted-
average
Producers/exporters dumping
margin
(percent)
------------------------------------------------------------------------
Corinth Pipeworks Pipe Industry S.A........................ 41.04
------------------------------------------------------------------------
Disclosure
Normally, Commerce discloses to interested parties the calculations
performed in connection with a final determination within five days of
any public announcement or, if there is no public announcement, within
five days of the date of publication of the notice of final
determination in the Federal Register, in accordance with 19 CFR
351.224(b). However, because Commerce applied total AFA to the sole
mandatory respondent in this review in accordance with section 776 of
the Act, and the AFA dumping margin is based solely on the petition,
there are no calculations to disclose.
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.
Because we are applying total AFA as to Corinth's entries for this
POR, we will instruct CBP to apply an assessment rate to all entries
Corinth produced and/or exported equal to the dumping margin indicated
above.
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 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.
Commerce intends 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.
[[Page 7122]]
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 Corinth will be
the rate shown above; (2) for previously investigated companies not
participating in this review, the cash deposit rate 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 the original less-than-fair-value (LTFV)
investigation, but the manufacturer is, 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 10.26 percent, the all-
others rate made effective by the LTFV investigation.\10\ These deposit
requirements, when imposed, shall remain in effect until further
notice.
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\10\ See Large Diameter Welded Pipe from Greece: Amended Final
Affirmative Antidumping Determination and Antidumping Duty Order, 84
FR 18769 (May 2, 2019).
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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 Commerce'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
This notice is being issued and published in accordance with
sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.213.
Dated: February 2, 2022.
Lisa W. Wang,
Assistant 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. Application of Facts Available and Use of Adverse Inferences
V. Discussion of the Issues
Comment 1: Application of Total Adverse Facts Available (AFA)
for Corinth's Failure to Provide an Adequate Cost Reconciliation
Comment 2: Application of Total AFA for Corinth's Failure to
Provide Adequate Cost Buildups
Comment 3: Application of Partial AFA to Corinth's Unreconciled
Costs
Comment 4: Adjustment of Corinth's Reported Interest Expense
Ratio to Account for Certain Excluded Expenses
Comment 5: Inclusion of ``Idle'' Costs in Corinth's General and
Administrative (G&A) Expenses
Comment 6: Application of Partial AFA to Services Provided by
Dia.Vi.Pe.Thi.V S.A
Comment 7: Double Counting of Foreign Port Charges on U.S. Sales
Comment 8: Section 232 Duty Deduction from Corinth's Constructed
Export Price (CEP)
VI. Recommendation
[FR Doc. 2022-02637 Filed 2-7-22; 8:45 am]
BILLING CODE 3510-DS-P