Circular Welded Carbon-Quality Steel Pipe From the United Arab Emirates: Preliminary Results of Antidumping Duty Administrative Review; 2020-2021, 79862-79865 [2022-28171]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 87, Number 248 (Wednesday, December 28, 2022)]
[Notices]
[Pages 79862-79865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28171]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-520-8807]


Circular Welded Carbon-Quality Steel Pipe From the United Arab 
Emirates: Preliminary Results of Antidumping Duty Administrative 
Review; 2020-2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that the producers/exporters subject to this administrative 
review made sales of subject merchandise at less than normal value 
during the period of review (POR), December 1, 2020, through November 
30, 2021. Interested parties are invited to comment on these 
preliminary results.

DATES: Applicable December 28, 2022.

FOR FURTHER INFORMATION CONTACT: Benjamin A. Luberda or Alice 
Maldonado, 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) 482-4682, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On February 4, 2022, based on timely requests for review, in 
accordance with

[[Page 79863]]

19 CFR 351.221(c)(1)(i), we initiated an administrative review on 
circular welded carbon-quality steel pipe (CWP) from the United Arab 
Emirates (UAE).\1\ This review covers five producers/exporters of the 
subject merchandise.\2\ Commerce selected Ajmal Steel Tubes & Pipes 
Ind. L.L.C./Ajmal Steel Tubes & Pipes Ind., L.L.C.-Branch-1 
(collectively, Ajmal) \3\ and Universal Tube and Plastic Industries, 
Ltd./THL Tube and Pipe Industries LLC/KHK Scaffolding and Framework LLC 
(collectively, Universal) for individual examination.\4\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 6487 (February 4, 2022).
    \2\ Although we initiated on both TSI Metal Industries L.L.C. 
(TSI Metal) and Tiger Steel Industries L.L.C. (Tiger Steel), as 
noted in the final results of the 2019-2020 administrative review, 
we found that TSI Metal is the successor in interest to Tiger Steel. 
See Circular Welded Carbon-Quality Steel Pipe from the United Arab 
Emirates: Final Results of Antidumping Duty Administrative Review; 
2019-2020, 87 FR 41111 (July 11, 2022).
    \3\ We collapsed Ajmal Steel Tubes and Pipes Ind. L.L.C. and 
Noble Steel Industries L.L.C. (Noble Steel) 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 UAE 2016-2017 Final Results). 
Additionally, in the final results of the 2019-2020 administrative 
review, we found that Ajmal Steel Tubes & Pipes Ind., L.L.C.-Branch-
1 is the successor-in-interest to Noble Steel. See Circular Welded 
Carbon-Quality Steel Pipe from the United Arab Emirates: Final 
Results of Antidumping Duty Administrative Review; 2019-2020, 87 FR 
41111 (July 11, 2022).
    \4\ See Memorandum, ``Selection of Respondents for Individual 
Examination,'' dated March 18, 2022, at 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 LL; 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 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 UAE 
2016-2017 Final Results.
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    On August 17, 2022, Commerce extended the deadline for the 
preliminary results of this administrative review until December 20, 
2022.\5\ For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\6\
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    \5\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of 2020-2021 Antidumping Duty Administrative Review,'' dated 
August 17, 2022.
    \6\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the 2020-2021 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 (Preliminary Decision Memorandum).
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Scope of the Order 7
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    \7\ 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 (December 19, 2016) (Order).
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    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 the 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 subheadings are provided for convenience and for customs 
purposes, the written product description remains dispositive. For a 
complete description of the scope of the Order, see the Preliminary 
Decision Memorandum.

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act). 
Export price and constructed export price are calculated in accordance 
with section 772 of the Act. Normal value is calculated in accordance 
with section 773 of the Act.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum. A list of the 
topics discussed in the Preliminary Decision Memorandum is attached as 
an appendix 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://access.trade.gov/public/FRNoticesListLayout.aspx.

Rate for Non-Examined Companies

    The Act and Commerce's regulations do not address the rate to be 
applied to companies not selected for individual examination when 
Commerce limits its examination in an administrative review pursuant to 
section 777A(c)(2) of the Act. Generally, Commerce looks to section 
735(c)(5) of the Act, which provides instructions for calculating the 
all-others rate in a market economy investigation, for guidance when 
calculating the rate for companies that were not selected for 
individual examination in an administrative review. Under section 
735(c)(5)(A) of the Act, the all-others rate is normally ``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 any margins 
determined entirely {on the basis of facts available{time} .''
    Consistent with section 735(c)(5)(A) of the Act, we determined the 
weighted-average dumping margin for each of the non-selected companies 
by using the weighted-average dumping margins calculated for Ajmal and 
Universal in this administrative review.

Preliminary Results of Review

    As a result of this review, we preliminarily determine that the 
following estimated weighted-average dumping margins exist for the 
period December 1, 2020, through November 30, 2021:

------------------------------------------------------------------------
                                                               Weighted-
                                                                 average
                      Exporter/producer                         dumping
                                                                 margin
                                                               (percent)
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Ajmal Steel Tubes & Pipes Ind. L.L.C./Ajmal Steel Tubes &           4.94
 Pipes Ind. L.L.C.-Branch-1..................................
Universal Tube and Plastic Industries, Ltd/THL Tube and Pipe        2.61
 Industries LLC/KHK Scaffolding and Framework LLC............
Conares Metal Supply Limited.................................       3.57
K.D. Industries Inc..........................................       3.57
TSI Metal Industries L.L.C...................................       3.57
------------------------------------------------------------------------

Disclosure and Public Comment

    Commerce intends to disclose the calculations performed in 
connection with these preliminary results to interested parties within 
five days after

[[Page 79864]]

the date of publication of this notice.\8\ Case briefs or other written 
comments may be submitted to Commerce no later than 30 days after the 
date of publication of this notice.\9\ Rebuttal briefs, limited to 
issues raised in the case briefs, may be filed no later than seven days 
after the time limit for filing case briefs.\10\ Parties who submit 
case briefs or rebuttal briefs in this proceeding are encouraged to 
submit with each argument: (1) a statement of the issue; (2) a brief 
summary of the argument; and (3) a table of authorities.\11\ Case and 
rebuttal briefs should be filed using ACCESS.\12\ Note that Commerce 
has temporarily modified certain of its requirements for serving 
documents containing business proprietary information, until further 
notice.\13\
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    \8\ See 19 CFR 351.224(b).
    \9\ See 19 CFR 351.309(c).
    \10\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020) (Temporary Rule).
    \11\ See 19 CFR 351.309(c)(2) and (d)(2).
    \12\ See 19 CFR 351.303.
    \13\ See Temporary Rule.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Acting Assistant 
Secretary for Enforcement and Compliance, U.S. Department of Commerce, 
filed electronically via ACCESS within 30 days after publication of 
this notice.\14\ Hearing requests should contain: (1) the party's name, 
address, and telephone number; (2) the number of participants; and (3) 
a list of issues to be discussed. Oral presentations at the hearing 
will be limited to issues raised in the briefs. If a request for a 
hearing is made, Commerce intends to hold the hearing at a date and 
time to be determined.\15\ Parties should confirm by telephone the date 
and time of the hearing two days before the scheduled date. An 
electronically filed document must be received successfully in its 
entirety by ACCESS by 5:00 p.m. Eastern Time on the established 
deadline.
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    \14\ See 19 CFR 351.310(c).
    \15\ See 19 CFR 351.310(d).
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    Commerce intends to issue the final results of this administrative 
review, including the results of its analysis raised in any written 
briefs, not later than 120 days after the publication date of this 
notice, unless otherwise extended.\16\
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    \16\ See section 751(a)(3)(A) of the Act.
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Assessment Rates

    Upon completion of the administrative review, Commerce shall 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries.\17\ If the weighted 
average dumping margin for Ajmal or Universal is not zero or de minimis 
(i.e., less than 0.5 percent), we will calculate importer-specific ad 
valorem antidumping duty assessment rates based on the ratio of the 
total amount of dumping calculated for each importer's examined sales 
to the total entered value of those same sales in accordance with 19 
CFR 351.212(b)(1).\18\ Where the respondent did not report entered 
value, we will calculate the entered value in order to calculate the 
assessment rate. If the weighted-average dumping margin for the 
respondents listed above is zero or de minimis in the final results, or 
an importer-specific assessment rate is zero or de minimis in the final 
results, we will instruct CBP not to assess antidumping duties on any 
of their entries in accordance with the Final Modification for 
Reviews.\19\
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    \17\ See 19 CFR 351.212(b).
    \18\ In these preliminary results, Commerce applied the 
assessment rate calculation adopted in Antidumping Proceedings: 
Calculation of the Weighted-Average Dumping Margin and Assessment 
Rate in Certain Antidumping Proceedings: Final Modification, 77 FR 
8101 (February 14, 2012) (Final Modification for Reviews).
    \19\ Id. at 8102.
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    For the companies that were not selected for individual review, we 
intend to assign an assessment rate based on the methodology described 
in the ``Rate for Non-Examined Companies'' section. 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.\20\
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    \20\ See section 751(a)(2)(C) of the Act.
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    Commerce's ``automatic assessment'' practice 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.\21\
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    \21\ 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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    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).

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 exporters 
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 reviewed or 
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 in which the 
company was reviewed; (3) if the exporter is not a firm covered in this 
review or previous segment, but the manufacturer is, then the cash 
deposit rate will be the rate established for the most recently-
completed segment for the producer of the merchandise; and (4) the cash 
deposit rate for all other producers or exporters will continue to be 
5.95 percent, the all-others rate established in the less-than-fair-
value investigation.\22\ These deposit requirements, when imposed, 
shall remain in effect until further notice.
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    \22\ See Order.
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Notification to Importers

    This notice serves as a preliminary reminder to importers of their 
responsibility under 19 CFR 351.402(f) 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 to Interested Parties

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


[[Page 79865]]


    Dated: December 20, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Companies Not Selected for Individual Examination
V. Application of Partial Adverse Facts Available
VI. Discussion of the Methodology
VII. Recommendation

[FR Doc. 2022-28171 Filed 12-27-22; 8:45 am]
BILLING CODE 3510-DS-P