Circular Welded Carbon-Quality Steel Pipe From the Sultanate of Oman: Preliminary Results of Antidumping Duty Administrative Review; Deferred 2019-2020 Period and Concurrent 2020-2021 Period, 79865-79867 [2022-28172]
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Federal Register / Vol. 87, No. 248 / Wednesday, December 28, 2022 / Notices
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
DEPARTMENT OF COMMERCE
International Trade Administration
[A–523–812]
Circular Welded Carbon-Quality Steel
Pipe From the Sultanate of Oman:
Preliminary Results of Antidumping
Duty Administrative Review; Deferred
2019–2020 Period and Concurrent
2020–2021 Period
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
finds that circular welded carbonquality steel pipe (CWP) from the
Sultanate of Oman (Oman) was sold in
the United States at less than normal
value (NV) during the period of review
(POR), December 1, 2019, through
November 30, 2020, and the POR,
December 1, 2020, through November
30, 2021. Interested parties are invited
to comment on these preliminary
results.
AGENCY:
DATES:
Applicable December 28, 2022.
ddrumheller on DSK6VXHR33PROD with NOTICES
FOR FURTHER INFORMATION CONTACT:
Samuel Glickstein or Dennis McClure,
AD/CVD Operations, Office VIII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–5307 or
(202) 482–5973, respectively.
SUPPLEMENTARY INFORMATION:
Background
In accordance with section 751(a)(2)
of the Tariff Act of 1930, as amended
(the Act), Commerce is conducting an
administrative review of the
antidumping duty order on CWP from
VerDate Sep<11>2014
18:26 Dec 27, 2022
Jkt 259001
Oman.1 On February 4, 2021, Commerce
published the initiation of the 2019–
2020 administrative review of the Order
with respect to three companies,
excluding Al Jazeera Steel Products Co.
SAOG (Al Jazeera).2 Pursuant to 19 CFR
351.213(c), Commerce received a
request from Al Jazeera Steel Products
Co. SAOG (Al Jazeera) to defer the
2019–2020 administrative review with
respect to itself for one year.3 Commerce
did not receive any objections to the
deferral within 15 days after the end of
the December 2020 anniversary month.
As such, we deferred the initiation of
the administrative review for the 2019–
2020 POR with respect to Al Jazeera to
the month immediately following the
next anniversary month.4 On February
4, 2022, in accordance with 19 CFR
351.221(c)(1)(i), Commerce published
its initiation of an administrative review
of the Order for the 2019–2020 POR
with respect to Al Jazeera.5 On the same
day, Commerce also published its
initiation of a review of the Order for
the 2020–2021 POR covering four
exporters/producers,6 of which we
selected Al Jazeera as the mandatory
respondent.7
On August 17, 2022, we extended the
deadline for the preliminary results of
this review until December 21, 2022.8
For a complete description of the events
between the initiation of this review and
these preliminary results, see the
Preliminary Decision Memorandum.9
1 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).
2 These three companies are: Al Samna Metal
Manufacturing & Trading Company LLC (Al
Samna); Bollore Logistics (Oman) LLC (Bollore
Logistics); and Transworld Shipping Trading &
Logistics Services LLC (Transworld Shipping). See
Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 8166 (February 4,
2021) (February 2021 Initiation Notice). On March
9, 2021, Commerce rescinded the administrative
review for the 2019–2020 POR with respect to these
companies. See Circular Welded Carbon-Quality
Steel Pipe from Oman: Rescission of Antidumping
Duty Administrative Review; 2019–2020, 86 FR
13525 (March 9, 2021) (CWP from Oman
Rescission).
3 Id. at Footnote 12.
4 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
6487 (February 4, 2022) (February 2022 Initiation
Notice), at fn. 6.
5 See February 2022 Initiation Notice.
6 The four companies are: Al Jazeera; Al Samna;
Bollore Logistics; and Transworld Shipping. See
February 2022 Initiation Notice.
7 See Memorandum, ‘‘Respondent Selection,’’
dated March 7, 2022.
8 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review,’’ dated August 17, 2022.
9 See Memorandum, ‘‘Circular Welded CarbonQuality Steel Pipe from the Sultanate of Oman:
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79865
Scope of the Order
The merchandise subject to the Order
is CWP from Oman. For a complete
description of the scope of the Order,
see the Preliminary Decision
Memorandum.10
Methodology
Commerce is conducting this review
in accordance with section 751(a) of the
Act. Export price is calculated in
accordance with section 772 of the Act.
NV is calculated in accordance with
section 773 of the Act.
For a full description of the
methodology underlying these
preliminary results, see the Preliminary
Decision Memorandum. A list of topics
discussed in the Preliminary Decision
Memorandum is attached as the
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 statute and Commerce’s
regulations do not address the
establishment of a 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 lessthan-fair-value (LTFV) investigation, for
guidance when determining the rate for
companies which 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 and de minimis margins, and any
margins determined entirely {on the
basis of facts available}.’’
For the 2020–2021 POR, we have
preliminarily calculated a weightedDecision Memorandum for the Preliminary Results
of Antidumping Duty Administrative Review;
Deferred 2019–2020 Period and Concurrent 2020–
2021 Period,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
10 Id. at ‘‘Scope of the Order.’’
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79866
Federal Register / Vol. 87, No. 248 / Wednesday, December 28, 2022 / Notices
average dumping margin for Al Jazeera
that is not zero, de minimis, or
determined entirely on the basis of facts
available. Accordingly, Commerce has
preliminarily assigned to companies not
individually examined for the 2020–
2021 POR a margin of 2.37 percent,
Preliminary Results
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist for the
periods December 1, 2019, through
November 30, 2020, and December 1,
2020, through November 30, 2021:
Exporter/producer
Weightedaverage dumping
margin for
December 1, 2019
to November 30,
2020 POR
(percent)
Al Jazeera Steel Products Co. SAOG ...........................................................................................................
Al Samna Metal Manufacturing & Trading Company LLC 11 ........................................................................
Bollore Logistics (Oman) LLC 12 ....................................................................................................................
Transworld Shipping Trading & Logistics Services LLC 13 ............................................................................
4.61 .........................
Not Applicable .........
Not Applicable .........
Not Applicable .........
Disclosure and Public Comment
We intend to disclose the calculations
performed for these preliminary results
of review to interested parties within
five days of the date of publication of
this notice in accordance with 19 CFR
351.224(b). Interested parties may
submit case briefs no later than 30 days
after the date of publication of this
notice.14 Rebuttal briefs, the content of
which is limited to the issues raised in
the case briefs, must be filed within
seven days from the deadline date for
the submission of case briefs.15 Parties
who submit case or rebuttal briefs in
this proceeding are requested to submit
with each argument: (1) a statement of
the issue; (2) a brief summary of the
argument; and (3) a table of
authorities.16 Case and rebuttal briefs
should be filed electronically via
ACCESS. Note that Commerce has
temporarily modified certain of its
requirements for serving documents
containing business proprietary
information, until further notice.17
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
ddrumheller on DSK6VXHR33PROD with NOTICES
which is Al Jazeera’s calculated
weighted-average dumping margin for
the 2020–2021 POR in this
administrative review.
11 As noted above, on March 9, 2021, Commerce
rescinded the administrative review for the 2019–
2020 POR for this company. See CWP from Oman
Rescission, 86 FR at 13525.
12 Id.
13 Id.
14 See 19 CFR 351.309(c)(1)(ii).
15 See 19 CFR 351.309(d)(1) and (2); see also
Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19, 85 FR 17006,
17007 (March 26, 2020) (‘‘To provide adequate time
for release of case briefs via ACCESS, E&C intends
to schedule the due date for all rebuttal briefs to be
7 days after case briefs are filed (while these
modifications remain in effect).’’)
16 See 19 CFR 351.309(c)(2) and (d)(2).
17 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
VerDate Sep<11>2014
18:26 Dec 27, 2022
Jkt 259001
the Assistant Secretary for Enforcement
and Compliance, filed electronically via
ACCESS. An electronically-filed
document must be received successfully
in its entirety by ACCESS by 5 p.m.
Eastern Time within 30 days after the
date of publication of this notice.18
Hearing requests should contain: (1) the
party’s name, address, and telephone
number; (2) the number of participants;
(3) whether any participant is a foreign
national, and (4) a list of issues to be
discussed. Issues raised in 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 time and date to be determined.19
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis
raised in any written briefs, no later
than 120 days after the publication of
these preliminary results in the Federal
Register, unless this deadline is
otherwise extended.20
Assessment Rates
Upon completion of this
administrative review, Commerce shall
determine and U.S. Customs and Border
Protection (CBP) shall assess
antidumping duties on all appropriate
entries for the 2019–2020 POR and the
2020–2021 POR, at the applicable ad
valorem assessments rates listed for the
corresponding review period. If Al
Jazeera’s weighted-average dumping
margin is not zero or de minimis (i.e.,
less than 0.50 percent) in the final
results of this review, we will calculate
importer-specific ad valorem
assessment rates on the basis of the ratio
18 See
19 CFR 351.310(c).
19 Id.
20 See section 751(a)(3)(A) of the Act; see also 19
CFR 351.213(h).
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Sfmt 4703
Weightedaverage
dumping margin for
December 1,
2020 to
November 30,
2021 POR
(percent)
2.37
2.37
2.37
2.37
of the total amount of dumping
calculated for an importer’s examined
sales and the total entered value of such
sales in accordance with 19 CFR
351.212(b)(1). Where either the
respondent’s weighted-average dumping
margin is zero or de minimis within the
meaning of 19 CFR 351.106(c), or an
importer-specific assessment rate is zero
or de minimis, we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.
Commerce clarified its ‘‘automatic
assessment’’ regulation on May 6,
2003.21 This clarification applies to
entries of subject merchandise during
the 2019–2020 POR and the 2020–2021
POR produced by Al Jazeera for which
it did not know its merchandise was
destined for the United States. In such
instances, we will instruct CBP to
liquidate unreviewed entries at the allothers rate if there is no rate for the
intermediate company(ies) involved in
the transaction. For the companies
which were not selected for individual
examination in the 2020–2021 POR, we
intend to assign an assessment rate
based on the methodology described in
the ‘‘Rate for Non-Examined
Companies’’ section above.
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
21 For a full discussion of this clarification, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
E:\FR\FM\28DEN1.SGM
28DEN1
Federal Register / Vol. 87, No. 248 / Wednesday, December 28, 2022 / Notices
Dated: December 20, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
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 subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication 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 company
listed above will be equal to the
weighted-average dumping margin
established in the final results of this
review for the 2020–2021 POR, except,
if that rate is de minimis, then the cash
deposit rate will be zero; (2) for
previously reviewed or investigated
companies not listed in the final results
of 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 another completed
segment of this proceeding, but the
producer is, then the cash deposit rate
will be the rate established for the most
recently completed segment of this
proceeding for the producer of the
merchandise; and (4) if neither the
exporter nor the producer is a firm
covered in this or any previously
completed segment of this proceeding,
then the cash deposit rate will be the
all-others rate of 7.36 percent that was
established in the LTFV investigation.22
These cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers
ddrumheller on DSK6VXHR33PROD with NOTICES
This notice serves as a preliminary
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 the 2019–
2020 POR and the 2020–2021 POR.
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 this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.213 and 351.221(b)(4).
22 See
Order, 81 FR at 91908.
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18:26 Dec 27, 2022
Jkt 259001
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. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2022–28172 Filed 12–27–22; 8:45 am]
BILLING CODE 3510–DS–P
79867
(19 CFR 351.225(c)(2)(ii)); (3) the
countries where the products are
produced and the countries from where
the products are exported (19 CFR
351.225(c)(2)(i)(B)); (4) the full names of
the applicants; and (5) the dates that the
scope applications were filed with
Commerce and the name of the ACCESS
scope segment where the scope
applications can be found.1 This notice
does not include applications which
have been rejected and not properly
resubmitted. The scope ruling
applications listed below are available
on Commerce’s online e-filing and
document management system,
Antidumping and Countervailing Duty
Electronic Service System (ACCESS), at
https://access.trade.gov.
DEPARTMENT OF COMMERCE
Scope Ruling Applications
International Trade Administration
Ammonium Sulfate from the People’s
Republic of China (China) (A–570–049/
C–570–050); Enriched 15N ammonium
sulfate; 2 produced in and exported from
China; submitted by Cambridge Isotope
Laboratories, Inc. (CIL); November 11,
2022; ACCESS scope segment ‘‘SCO—
Cambridge—Enriched N ammonium
sulfate.’’
Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled into
Modules from China (A–570–979/C–
570–980); T8700 eufyCam Security
Solar Panel; 3 produced in and exported
Notice of Scope Ruling Applications
Filed in Antidumping and
Countervailing Duty Proceedings
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) received scope
ruling applications, requesting that
scope inquiries be conducted to
determine whether identified products
are covered by the scope of antidumping
duty (AD) and/or countervailing duty
(CVD) orders and that Commerce issue
scope rulings pursuant to those
inquiries. In accordance with
Commerce’s regulations, we are
notifying the public of the filing of the
scope ruling applications listed below
in the month of November 2022.
DATES: Applicable December 28, 2022.
FOR FURTHER INFORMATION CONTACT:
Terri Monroe, AD/CVD Operations,
Customs Liaison Unit, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230, telephone:
(202) 482–1384.
Notice of Scope Ruling Applications:
In accordance with 19 CFR
351.225(d)(3), we are notifying the
public of the following scope ruling
applications related to AD and CVD
orders and findings filed in or around
the month of November 2022. This
notification includes, for each scope
application: (1) identification of the AD
and/or CVD orders at issue (19 CFR
351.225(c)(1)); (2) concise public
descriptions of the products at issue,
including the physical characteristics
(including chemical, dimensional and
technical characteristics) of the products
AGENCY:
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Fmt 4703
Sfmt 4703
1 See Regulations to Improve Administration and
Enforcement of Antidumping and Countervailing
Duty Laws, 86 FR 52300, 52316 (September 20,
2021) (Final Rule) (‘‘It is our expectation that the
Federal Register list will include, where
appropriate, for each scope application the
following data: (1) identification of the AD and/or
CVD orders at issue; (2) a concise public summary
of the product’s description, including the physical
characteristics (including chemical, dimensional
and technical characteristics) of the product; (3) the
country(ies) where the product is produced and the
country from where the product is exported; (4) the
full name of the applicant; and (5) the date that the
scope application was filed with Commerce.’’)
2 Enriched 15N ammonium sulfate is a compound
commonly used in laboratory research and
quantitative proteomics. It is incorporated into
metabolically active cells and small organisms or
post-metabolically in peptides and proteins by
enzymatic or chemical reactions. The 15N labels are
used to monitor specific aspects of dynamic
proteomes. The chemical formula for CIL’s enriched
Ammonium Sulfate is (15NH4)2SO4. The product’s
tariff classification under the Harmonized Tariff
Schedule of the United States (HTSUS) is
2845.90.0000.
3 Anker’s T8700 eufyCam security solar panel is
a discrete, weatherproof outdoor panel specifically
manufactured for compatibility and use with eufy’s
outdoor home security camera system. The panel
provides total maximum output of 2.6 Watts. The
solar panel is encased in laminated material
without stitching. The dimensions of the solar
panel inclusive of the bezel are 7.31 × 4.56 × 1
inches. The unit weighs approximately 0.69
pounds. The solar cells have visible parallel grid
collector metallic wire lines every 1 mm across each
solar panel. The unit has no glass cover. The unit
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28DEN1
]]>Agencies
[Federal Register Volume 87, Number 248 (Wednesday, December 28, 2022)]
[Notices]
[Pages 79865-79867]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28172]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-523-812]
Circular Welded Carbon-Quality Steel Pipe From the Sultanate of
Oman: Preliminary Results of Antidumping Duty Administrative Review;
Deferred 2019-2020 Period and Concurrent 2020-2021 Period
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that circular welded carbon-quality steel pipe (CWP) from the Sultanate
of Oman (Oman) was sold in the United States at less than normal value
(NV) during the period of review (POR), December 1, 2019, through
November 30, 2020, and the 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: Samuel Glickstein or Dennis McClure,
AD/CVD Operations, Office VIII, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-5307
or (202) 482-5973, respectively.
SUPPLEMENTARY INFORMATION:
Background
In accordance with section 751(a)(2) of the Tariff Act of 1930, as
amended (the Act), Commerce is conducting an administrative review of
the antidumping duty order on CWP from Oman.\1\ On February 4, 2021,
Commerce published the initiation of the 2019-2020 administrative
review of the Order with respect to three companies, excluding Al
Jazeera Steel Products Co. SAOG (Al Jazeera).\2\ Pursuant to 19 CFR
351.213(c), Commerce received a request from Al Jazeera Steel Products
Co. SAOG (Al Jazeera) to defer the 2019-2020 administrative review with
respect to itself for one year.\3\ Commerce did not receive any
objections to the deferral within 15 days after the end of the December
2020 anniversary month. As such, we deferred the initiation of the
administrative review for the 2019-2020 POR with respect to Al Jazeera
to the month immediately following the next anniversary month.\4\ On
February 4, 2022, in accordance with 19 CFR 351.221(c)(1)(i), Commerce
published its initiation of an administrative review of the Order for
the 2019-2020 POR with respect to Al Jazeera.\5\ On the same day,
Commerce also published its initiation of a review of the Order for the
2020-2021 POR covering four exporters/producers,\6\ of which we
selected Al Jazeera as the mandatory respondent.\7\
---------------------------------------------------------------------------
\1\ 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).
\2\ These three companies are: Al Samna Metal Manufacturing &
Trading Company LLC (Al Samna); Bollore Logistics (Oman) LLC
(Bollore Logistics); and Transworld Shipping Trading & Logistics
Services LLC (Transworld Shipping). See Initiation of Antidumping
and Countervailing Duty Administrative Reviews, 86 FR 8166 (February
4, 2021) (February 2021 Initiation Notice). On March 9, 2021,
Commerce rescinded the administrative review for the 2019-2020 POR
with respect to these companies. See Circular Welded Carbon-Quality
Steel Pipe from Oman: Rescission of Antidumping Duty Administrative
Review; 2019-2020, 86 FR 13525 (March 9, 2021) (CWP from Oman
Rescission).
\3\ Id. at Footnote 12.
\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 6487 (February 4, 2022) (February 2022
Initiation Notice), at fn. 6.
\5\ See February 2022 Initiation Notice.
\6\ The four companies are: Al Jazeera; Al Samna; Bollore
Logistics; and Transworld Shipping. See February 2022 Initiation
Notice.
\7\ See Memorandum, ``Respondent Selection,'' dated March 7,
2022.
---------------------------------------------------------------------------
On August 17, 2022, we extended the deadline for the preliminary
results of this review until December 21, 2022.\8\ For a complete
description of the events between the initiation of this review and
these preliminary results, see the Preliminary Decision Memorandum.\9\
---------------------------------------------------------------------------
\8\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated August
17, 2022.
\9\ See Memorandum, ``Circular Welded Carbon-Quality Steel Pipe
from the Sultanate of Oman: Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative Review; Deferred 2019-
2020 Period and Concurrent 2020-2021 Period,'' dated concurrently
with, and hereby adopted by, this notice (Preliminary Decision
Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The merchandise subject to the Order is CWP from Oman. For a
complete description of the scope of the Order, see the Preliminary
Decision Memorandum.\10\
---------------------------------------------------------------------------
\10\ Id. at ``Scope of the Order.''
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a) of the Act. Export price is calculated in accordance with
section 772 of the Act. NV is calculated in accordance with section 773
of the Act.
For a full description of the methodology underlying these
preliminary results, see the Preliminary Decision Memorandum. A list of
topics discussed in the Preliminary Decision Memorandum is attached as
the 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 statute and Commerce's regulations do not address the
establishment of a 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 less-than-fair-value (LTFV) investigation, for guidance when
determining the rate for companies which 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 and de minimis margins, and any
margins determined entirely {on the basis of facts available{time} .''
For the 2020-2021 POR, we have preliminarily calculated a weighted-
[[Page 79866]]
average dumping margin for Al Jazeera that is not zero, de minimis, or
determined entirely on the basis of facts available. Accordingly,
Commerce has preliminarily assigned to companies not individually
examined for the 2020-2021 POR a margin of 2.37 percent, which is Al
Jazeera's calculated weighted-average dumping margin for the 2020-2021
POR in this administrative review.
Preliminary Results
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist for the periods December 1,
2019, through November 30, 2020, and December 1, 2020, through November
30, 2021:
------------------------------------------------------------------------
Weighted-
average
Weighted- average dumping margin
dumping margin for for December
Exporter/producer December 1, 2019 to 1, 2020 to
November 30, 2020 POR November 30,
(percent) 2021 POR
(percent)
------------------------------------------------------------------------
Al Jazeera Steel Products Co. 4.61..................... 2.37
SAOG.
Al Samna Metal Manufacturing Not Applicable........... 2.37
& Trading Company LLC \11\.
Bollore Logistics (Oman) LLC Not Applicable........... 2.37
\12\.
Transworld Shipping Trading & Not Applicable........... 2.37
Logistics Services LLC \13\.
------------------------------------------------------------------------
Disclosure and Public Comment
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\11\ As noted above, on March 9, 2021, Commerce rescinded the
administrative review for the 2019-2020 POR for this company. See
CWP from Oman Rescission, 86 FR at 13525.
\12\ Id.
\13\ Id.
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We intend to disclose the calculations performed for these
preliminary results of review to interested parties within five days of
the date of publication of this notice in accordance with 19 CFR
351.224(b). Interested parties may submit case briefs no later than 30
days after the date of publication of this notice.\14\ Rebuttal briefs,
the content of which is limited to the issues raised in the case
briefs, must be filed within seven days from the deadline date for the
submission of case briefs.\15\ Parties who submit case or rebuttal
briefs in this proceeding are requested to submit with each argument:
(1) a statement of the issue; (2) a brief summary of the argument; and
(3) a table of authorities.\16\ Case and rebuttal briefs should be
filed electronically via ACCESS. Note that Commerce has temporarily
modified certain of its requirements for serving documents containing
business proprietary information, until further notice.\17\
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\14\ See 19 CFR 351.309(c)(1)(ii).
\15\ See 19 CFR 351.309(d)(1) and (2); see also Temporary Rule
Modifying AD/CVD Service Requirements Due to COVID-19, 85 FR 17006,
17007 (March 26, 2020) (``To provide adequate time for release of
case briefs via ACCESS, E&C intends to schedule the due date for all
rebuttal briefs to be 7 days after case briefs are filed (while
these modifications remain in effect).'')
\16\ See 19 CFR 351.309(c)(2) and (d)(2).
\17\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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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 Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. An electronically-filed document must be received successfully
in its entirety by ACCESS by 5 p.m. Eastern Time within 30 days after
the date of publication of this notice.\18\ Hearing requests should
contain: (1) the party's name, address, and telephone number; (2) the
number of participants; (3) whether any participant is a foreign
national, and (4) a list of issues to be discussed. Issues raised in
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 time and date to be determined.\19\
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\18\ See 19 CFR 351.310(c).
\19\ Id.
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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, no later than 120 days after the publication of these
preliminary results in the Federal Register, unless this deadline is
otherwise extended.\20\
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\20\ See section 751(a)(3)(A) of the Act; see also 19 CFR
351.213(h).
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Assessment Rates
Upon completion of this administrative review, Commerce shall
determine and U.S. Customs and Border Protection (CBP) shall assess
antidumping duties on all appropriate entries for the 2019-2020 POR and
the 2020-2021 POR, at the applicable ad valorem assessments rates
listed for the corresponding review period. If Al Jazeera's weighted-
average dumping margin is not zero or de minimis (i.e., less than 0.50
percent) in the final results of this review, we will calculate
importer-specific ad valorem assessment rates on the basis of the ratio
of the total amount of dumping calculated for an importer's examined
sales and the total entered value of such sales in accordance with 19
CFR 351.212(b)(1). Where either the respondent's weighted-average
dumping margin is zero or de minimis within the meaning of 19 CFR
351.106(c), or an importer-specific assessment rate is zero or de
minimis, we will instruct CBP to liquidate the appropriate entries
without regard to antidumping duties.
Commerce clarified its ``automatic assessment'' regulation on May
6, 2003.\21\ This clarification applies to entries of subject
merchandise during the 2019-2020 POR and the 2020-2021 POR produced by
Al Jazeera for which it did not know its merchandise 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. For the
companies which were not selected for individual examination in the
2020-2021 POR, we intend to assign an assessment rate based on the
methodology described in the ``Rate for Non-Examined Companies''
section above.
---------------------------------------------------------------------------
\21\ For a full discussion of this clarification, 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
[[Page 79867]]
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 subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the date of publication 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 company
listed above will be equal to the weighted-average dumping margin
established in the final results of this review for the 2020-2021 POR,
except, if that rate is de minimis, then the cash deposit rate will be
zero; (2) for previously reviewed or investigated companies not listed
in the final results of 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 another completed segment of this
proceeding, but the producer is, then the cash deposit rate will be the
rate established for the most recently completed segment of this
proceeding for the producer of the merchandise; and (4) if neither the
exporter nor the producer is a firm covered in this or any previously
completed segment of this proceeding, then the cash deposit rate will
be the all-others rate of 7.36 percent that was established in the LTFV
investigation.\22\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\22\ See Order, 81 FR at 91908.
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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)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during the 2019-2020 POR and the 2020-2021 POR.
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 this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213 and
351.221(b)(4).
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. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2022-28172 Filed 12-27-22; 8:45 am]
BILLING CODE 3510-DS-P
