Certain Welded Carbon Steel Standard Pipes and Tubes From India: Final Negative Determinations of Circumvention of the Antidumping Duty Order, 12917-12918 [2023-04161]

Download as PDF Federal Register / Vol. 88, No. 40 / Wednesday, March 1, 2023 / Notices In accordance with the Tariff Act of 1930, as amended (the Act), the U.S. Department of Commerce (Commerce) is automatically initiating the five-year reviews (Sunset Reviews) of the antidumping and countervailing duty (AD/CVD) order(s) and suspended investigation(s) listed below. The International Trade Commission (the ITC) is publishing concurrently with this notice its notice of Institution of Five-Year Reviews which covers the same order(s) and suspended investigation(s). DATES: Applicable March 1, 2023. FOR FURTHER INFORMATION CONTACT: Commerce official identified in the SUMMARY: Initiation of Review section below at AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. For information from the ITC, contact Mary Messer, Office of Investigations, U.S. International Trade Commission at (202) 205–3193. SUPPLEMENTARY INFORMATION: Background Every five years, pursuant to the Act, Commerce) and the ITC automatically initiate and conduct reviews to determine whether revocation of an AD/ 12917 CVD order or termination of an investigation suspended under section 704 or 734 of the Act would be likely to lead to continuation or recurrence of dumping or a countervailable subsidy (as the case may be) and of material injury. Upcoming Sunset Reviews for April 2023 Pursuant to section 751(c) of the Act, the following Sunset Reviews are scheduled for initiation in April 2023 and will appear in that month’s Notice of Initiation of Five-Year Sunset Reviews (Sunset Review). Department contact ddrumheller on DSK120RN23PROD with NOTICES Antidumping Duty Proceedings Carton Closing Staples from China, A–570–055 (1st Review) ........................................................................ Foundry Coke from China, ................................................................................................................................ A–570–862 (4th Review) .................................................................................................................................. Steel Wire Garment Hangers from Taiwan, A–583–849 (2nd Review) ........................................................... Steel Wire Garment Hangers from Vietnam, A–552–812 (2nd Review) .......................................................... Countervailing Duty Proceedings Steel Wire Garment Hangers from Vietnam, C–552–813 (2nd Review) .......................................................... Suspended Investigations No Sunset Review of suspended investigations is scheduled for initiation in April 2023. Commerce’s procedures for the conduct of Sunset Review are set forth in 19 CFR 351.218. The Notice of Initiation of Five-Year (Sunset) Review provides further information regarding what is required of all parties to participate in Sunset Review. Pursuant to 19 CFR 351.103(c), Commerce will maintain and make available a service list for these proceedings. To facilitate the timely preparation of the service list(s), it is requested that those seeking recognition as interested parties to a proceeding contact Commerce in writing within 10 days of the publication of the Notice of Initiation. Please note that if Commerce receives a Notice of Intent to Participate from a member of the domestic industry within 15 days of the date of initiation, the review will continue. Thereafter, any interested party wishing to participate in the Sunset Review must provide substantive comments in response to the notice of initiation no later than 30 days after the date of initiation. Note that Commerce has modified certain of its requirements for serving documents containing business proprietary information, until further notice.1 1 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 18:10 Feb 28, 2023 Jkt 259001 Notification to Interested Parties This notice is not required by statute but is published as a service to the international trading community. Dated: February 10, 2023. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2023–04197 Filed 2–28–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–533–502] Certain Welded Carbon Steel Standard Pipes and Tubes From India: Final Negative Determinations of Circumvention of the Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) determines that imports of certain welded carbon steel standard pipes and tubes (pipe and tube), completed in Oman and the United Arab Emirates (UAE) from hotrolled steel (HRS) produced in India, are not circumventing the antidumping duty (AD) order on pipe and tube from India. AGENCY: PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 DATES: Mary Kolberg, (202) 482–1785. Thomas Martin, (202) 482–3936. Thomas Martin, (202) 482–3936. Thomas Martin, (202) 482–3936. Mary Kolberg, (202) 482–1785. Applicable March 1, 2023. FOR FURTHER INFORMATION CONTACT: Jacob Keller or Dusten Hom, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4849 or (202) 482–5075, respectively. SUPPLEMENTARY INFORMATION: Background On August 26, 2022, Commerce published in the Federal Register its Preliminary Determination that imports of pipe and tube completed in Oman and the UAE are not circumventing the Order.1 On December 9, 2022, Commerce extended the deadline for the final determination of these circumvention inquiries to February 22, 2022.2 For a summary of events that occurred since Commerce published the Preliminary Determination, as well as a full discussion of the issues raised by 1 See Certain Welded Carbon Steel Standard Pipes and Tubes from India: Preliminary Negative Determinations of Circumvention of the Antidumping Order, 87 FR 52507 (August 26, 2022) (Preliminary Determination), and accompanying Preliminary Decision Memorandum; see also Certain Welded Carbon Steel Standard Pipes and Tubes from India, 51 FR 17384 (May 12, 1986) (Order). 2 See Memorandum, ‘‘Extension of Final Determination,’’ dated December 9, 2022. E:\FR\FM\01MRN1.SGM 01MRN1 12918 Federal Register / Vol. 88, No. 40 / Wednesday, March 1, 2023 / Notices parties for the final determinations, see the Issues and Decision Memorandum.3 The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/ public/FRNoticesListLayout.aspx. Scope of the Order 4 The products covered by the Order include certain welded carbon steel standard pipes and tubes with an outside diameter of 0.375 inch or more but not over 16 inches. For a full description of the scope of the Order, see the Issues and Decision Memorandum. Merchandise Subject to the Circumvention Inquiries These circumvention inquiries cover pipe and tube completed in Oman and the UAE using Indian-origin HRS and subsequently exported from Oman and the UAE to the United States. Methodology Commerce is conducting these circumvention inquiries in accordance with section 781(b) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.226. See Preliminary Decision Memorandum for a full description of the methodology.5 We have continued to apply this methodology except where otherwise noted, and incorporate by reference this description of the methodology, for our final determination.6 ddrumheller on DSK120RN23PROD with NOTICES Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties in these inquiries are addressed in the Issues and Decision Memorandum. A list of the issues raised is attached to this notice at the appendix. Based on our analysis of the comments received from interested parties, we made certain revisions to the Preliminary Determination. For Conares, we revised our pattern of trade and 3 See Memorandum, ‘‘Issues and Decision Memorandum for the Circumvention Inquiry of the Antidumping Duty Order on Certain Welded Carbon Steel Standard Pipes and Tubes from India,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 4 See Order. 5 See Preliminary Decision Memorandum at 10– 24. 6 See Issues and Decision Memorandum at 4. VerDate Sep<11>2014 18:10 Feb 28, 2023 Jkt 259001 sourcing analysis to include Indian HRS shipments from a trading company based on information obtained during verification. For Universal, we revised our pattern of trade and sourcing analysis using the appropriate databases submitted with Universal’s initial questionnaire response to include all Indian HRS purchases. The Issues and Decision Memorandum contains explanations of these revisions. Final Negative Determinations of Circumvention As detailed in the Issues and Decision Memorandum, Commerce determines that pipe and tube completed in Oman and the UAE using Indian-origin HRS and subsequently exported from Oman or the UAE to the United States are not circumventing the Order. Accordingly, Commerce is making a negative finding of circumvention of the Order. Suspension of Liquidation Pursuant to 19 CFR 351.226(l)(4), Commerce will order U.S. Customs and Border Protection (CBP) to terminate the suspension of liquidation and refund cash deposits for any imports of inquiry merchandise that are suspended under the case number applicable to this proceeding (i.e., A–533–502). Commerce will instruct CBP to continue to suspend imports of inquiry merchandise suspended under other case numbers (e.g., A–520–807, A–523–812) until specific liquidation instructions are issued. Administrative Protective Order This notice will serve as the only reminder to all parties subject to administrative protective order (APO) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). 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 determination is issued and published in accordance with section 781(b) of the Act and 19 CFR 351.226(g)(2). Dated: February 22, 2023. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. Appendix—List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 III. Merchandise Subject to the Circumvention Inquiry IV. Scope of the Order V. Changes from the Preliminary Determination VI. Discussion of the Issues Comment 1: Whether the Factors Under Section 781(b)(3) of the Act Are Determinative and Controlling Comment 2: Whether Commerce Should Assign Adverse Facts Available (AFA) to Conares Metal Supply Limited (Conares) Comment 3: Whether a Cash Deposit Rate Disparity Existed Between India, Oman, and the UAE During the Inquiry Period Comment 4: Whether Pattern of Trade and Other Factors Under Section 781(b)(3) of the Act Support an Affirmative Determination of Circumvention Comment 5: Whether a Single Product Can Be Subject to Two AD Orders Comment 6: Whether the Production of Pipe and Tube Is Minor or Insignificant Under Section 781(b)(2) of the Act Comment 7: Whether the Merchandise Completed in the Subject Country Is a Significant Portion of the Value of the Merchandise Exported to the United States VII. Recommendation [FR Doc. 2023–04161 Filed 2–28–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Institute of Standards and Technology Metal Additive Manufacturing Powder Consortium National Institute of Standards and Technology, Department of Commerce. ACTION: Notice of research Consortium. AGENCY: The National Institute of Standards and Technology (NIST), an agency of the United States Department of Commerce, in support of efforts to develop standards for metal powders used in additive manufacturing (AM), is establishing the Metal Additive Manufacturing Powder Consortium (‘‘Consortium’’). The Consortium will bring together stakeholders to identify and address pre-competitive measurement science and standards needs related to metal powders used in various AM technologies. The Consortium efforts are intended to develop measurement solutions and standards to improve measurement confidence, establish measurement traceability, and enable comparability in the measurements to quantify the performance of metal powders in AM applications. Participants will be required to sign a Cooperative Research and Development Agreement (CRADA). At NIST’s discretion, entities which are SUMMARY: E:\FR\FM\01MRN1.SGM 01MRN1

Agencies

[Federal Register Volume 88, Number 40 (Wednesday, March 1, 2023)]
[Notices]
[Pages 12917-12918]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04161]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-502]


Certain Welded Carbon Steel Standard Pipes and Tubes From India: 
Final Negative Determinations of Circumvention of the Antidumping Duty 
Order

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
imports of certain welded carbon steel standard pipes and tubes (pipe 
and tube), completed in Oman and the United Arab Emirates (UAE) from 
hot-rolled steel (HRS) produced in India, are not circumventing the 
antidumping duty (AD) order on pipe and tube from India.

DATES: Applicable March 1, 2023.

FOR FURTHER INFORMATION CONTACT: Jacob Keller or Dusten Hom, AD/CVD 
Operations, Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4849 or (202) 482-5075, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 26, 2022, Commerce published in the Federal Register its 
Preliminary Determination that imports of pipe and tube completed in 
Oman and the UAE are not circumventing the Order.\1\ On December 9, 
2022, Commerce extended the deadline for the final determination of 
these circumvention inquiries to February 22, 2022.\2\ For a summary of 
events that occurred since Commerce published the Preliminary 
Determination, as well as a full discussion of the issues raised by

[[Page 12918]]

parties for the final determinations, see the Issues and Decision 
Memorandum.\3\ The Issues and Decision Memorandum is a public document 
and is on file electronically via Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------

    \1\ See Certain Welded Carbon Steel Standard Pipes and Tubes 
from India: Preliminary Negative Determinations of Circumvention of 
the Antidumping Order, 87 FR 52507 (August 26, 2022) (Preliminary 
Determination), and accompanying Preliminary Decision Memorandum; 
see also Certain Welded Carbon Steel Standard Pipes and Tubes from 
India, 51 FR 17384 (May 12, 1986) (Order).
    \2\ See Memorandum, ``Extension of Final Determination,'' dated 
December 9, 2022.
    \3\ See Memorandum, ``Issues and Decision Memorandum for the 
Circumvention Inquiry of the Antidumping Duty Order on Certain 
Welded Carbon Steel Standard Pipes and Tubes from India,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Order 4
---------------------------------------------------------------------------

    \4\ See Order.
---------------------------------------------------------------------------

    The products covered by the Order include certain welded carbon 
steel standard pipes and tubes with an outside diameter of 0.375 inch 
or more but not over 16 inches. For a full description of the scope of 
the Order, see the Issues and Decision Memorandum.

Merchandise Subject to the Circumvention Inquiries

    These circumvention inquiries cover pipe and tube completed in Oman 
and the UAE using Indian-origin HRS and subsequently exported from Oman 
and the UAE to the United States.

Methodology

    Commerce is conducting these circumvention inquiries in accordance 
with section 781(b) of the Tariff Act of 1930, as amended (the Act), 
and 19 CFR 351.226. See Preliminary Decision Memorandum for a full 
description of the methodology.\5\ We have continued to apply this 
methodology except where otherwise noted, and incorporate by reference 
this description of the methodology, for our final determination.\6\
---------------------------------------------------------------------------

    \5\ See Preliminary Decision Memorandum at 10-24.
    \6\ See Issues and Decision Memorandum at 4.
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties in 
these inquiries are addressed in the Issues and Decision Memorandum. A 
list of the issues raised is attached to this notice at the appendix.
    Based on our analysis of the comments received from interested 
parties, we made certain revisions to the Preliminary Determination. 
For Conares, we revised our pattern of trade and sourcing analysis to 
include Indian HRS shipments from a trading company based on 
information obtained during verification. For Universal, we revised our 
pattern of trade and sourcing analysis using the appropriate databases 
submitted with Universal's initial questionnaire response to include 
all Indian HRS purchases. The Issues and Decision Memorandum contains 
explanations of these revisions.

Final Negative Determinations of Circumvention

    As detailed in the Issues and Decision Memorandum, Commerce 
determines that pipe and tube completed in Oman and the UAE using 
Indian-origin HRS and subsequently exported from Oman or the UAE to the 
United States are not circumventing the Order. Accordingly, Commerce is 
making a negative finding of circumvention of the Order.

Suspension of Liquidation

    Pursuant to 19 CFR 351.226(l)(4), Commerce will order U.S. Customs 
and Border Protection (CBP) to terminate the suspension of liquidation 
and refund cash deposits for any imports of inquiry merchandise that 
are suspended under the case number applicable to this proceeding 
(i.e., A-533-502). Commerce will instruct CBP to continue to suspend 
imports of inquiry merchandise suspended under other case numbers 
(e.g., A-520-807, A-523-812) until specific liquidation instructions 
are issued.

Administrative Protective Order

    This notice will serve as the only reminder to all parties subject 
to administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). 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 determination is issued and published in accordance with 
section 781(b) of the Act and 19 CFR 351.226(g)(2).

    Dated: February 22, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. Background
III. Merchandise Subject to the Circumvention Inquiry
IV. Scope of the Order
V. Changes from the Preliminary Determination
VI. Discussion of the Issues
    Comment 1: Whether the Factors Under Section 781(b)(3) of the 
Act Are Determinative and Controlling
    Comment 2: Whether Commerce Should Assign Adverse Facts 
Available (AFA) to Conares Metal Supply Limited (Conares)
    Comment 3: Whether a Cash Deposit Rate Disparity Existed Between 
India, Oman, and the UAE During the Inquiry Period
    Comment 4: Whether Pattern of Trade and Other Factors Under 
Section 781(b)(3) of the Act Support an Affirmative Determination of 
Circumvention
    Comment 5: Whether a Single Product Can Be Subject to Two AD 
Orders
    Comment 6: Whether the Production of Pipe and Tube Is Minor or 
Insignificant Under Section 781(b)(2) of the Act
    Comment 7: Whether the Merchandise Completed in the Subject 
Country Is a Significant Portion of the Value of the Merchandise 
Exported to the United States
VII. Recommendation

[FR Doc. 2023-04161 Filed 2-28-23; 8:45 am]
BILLING CODE 3510-DS-P
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