Circular Welded Carbon-Quality Steel Pipe From the United Arab Emirates: Final Results of Antidumping Duty Administrative Review; 2020-2021, 28498-28500 [2023-09422]
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28498
Federal Register / Vol. 88, No. 86 / Thursday, May 4, 2023 / Notices
argument: (1) a statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.16 Note that
Commerce has 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
the Assistant Secretary for Enforcement
and Compliance, U.S. Department of
Commerce, within 30 days after the date
of publication of this notice.18 Requests
should contain the party’s name,
address, and telephone number, the
number of participants, whether any
participant is a foreign national, and a
list of the issues to be discussed. Issues
addressed during the hearing will be
limited to those raised in the briefs.19 If
a request for a hearing is made,
Commerce will inform parties of the
scheduled date of the hearing.20 Parties
should confirm by telephone the date,
time, and location of the hearing two
days before the scheduled date.
Parties are reminded that all briefs
and hearing requests are to be filed
electronically using ACCESS and
received successfully in their entirety by
5:00 p.m. Eastern Time on the due date.
Unless the deadline is extended
pursuant to section 751(a)(3)(A) of the
Act, Commerce intends to issue the final
results of this administrative review,
including the results of our analysis of
the issues raised by the parties in their
comments, within 120 days after
publication of these preliminary results.
Notification to Interested Parties
This administrative review and notice
are 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: April 27, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
ddrumheller on DSK120RN23PROD with NOTICES1
Appendix I
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Rescission of Administrative Review, in
Part
IV. Non-Selected Companies Under Review
V. Scope of the Order
VI. Diversification of China’s Economy
VII. Subsidies Valuation
VIII. Interest Rate Benchmarks, Discount
Rates, and Benchmarks for Measuring
16 See
19 CFR 351.309(c)(2) and (d)(2).
Temporary Rule.
18 See 19 CFR 351.310(c).
19 See 19 CFR 351.310(c).
20 See 19 CFR 351.310.
17 See
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the Adequacy of Remuneration
IX. Use of Facts Otherwise Available and
Adverse Inferences
X. Analysis of Programs
XI. Recommendation
Appendix II
Companies Rescinded From Review
(1) Alcha International Holdings Limited;
(2) Baotou Alcha Aluminum Co., Ltd.
(3) Granges Aluminum (Shanghai) Co.,
Ltd.;
(4) Guangxi Baise Xinghe Aluminum
Industry Co., Ltd.;
(5) Hunan Suntown Marketing Limited;
(6) Jiangyin Dolphin Pack Ltd. Co.;
(7) Shandong Yuanrui Metal Material Co.,
Ltd.;
(8) Shanghai Huafon Aluminium
Corporation;
(9) SNTO International Trade Limited;
(10) Suntown Technology Group
Corporation Limited;
(11) Xiamen Xiashun Aluminum Foil Co.,
Ltd.;
(12) Yantai Donghai Aluminum Co., Ltd.;
(13) Yantai Jintai International Trade Co.,
Ltd.;
(14) Yinbang Clad Material Co., Ltd.;
(15) Zhejiang Zhongjin Aluminum Industry
Co., Ltd.
[FR Doc. 2023–09426 Filed 5–3–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–520–807]
Circular Welded Carbon-Quality Steel
Pipe From the United Arab Emirates:
Final Results of Antidumping Duty
Administrative Review; 2020–2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
the producers/exporters subject to this
administrative review made sales of
subject merchandise at prices less than
normal value during the period of
review (POR), December 1, 2020,
through November 30, 2021.
DATES: Applicable May 4, 2023.
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:
AGENCY:
Background
This review covers five producers/
exporters of the subject merchandise.
PO 00000
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Fmt 4703
Sfmt 4703
Commerce selected two mandatory
respondents for individual examination:
Ajmal Steel Tubes & Pipes Ind. L.L.C./
Ajmal Steel Tubes & Pipes Ind. L.L.C.Branch-1 (collectively, Ajmal) 1 and
Universal Tube and Plastic Industries,
Ltd./THL Tube and Pipe Industries LLC/
KHK Scaffolding and Formwork LLC
(collectively, Universal).2 The
producers/exporters not selected for
individual examination are Conares
Metal Supply Limited, TSI Metal
Industries L.L.C.,3 and K.D. Industries
Inc.
On December 28, 2022, Commerce
published the Preliminary Results.4 A
summary of the events that occurred
since Commerce published the
1 We collapsed Ajmal Steel Tubes & 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 CarbonQuality Steel Pipe from the United Arab Emirates:
Final Results of Antidumping Duty Administrative
Review; 2016–2017, 84 FR 44845 (August 27, 2019)
(CWP from the UAE 2016–2017 Final Results).
Because there is no information on the record of
this administrative review that would lead us to
revisit this determination, we continue to treat
these companies as part of a single entity for the
purposes of this administrative review. 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) (CWP from the
UAE 2019–2020 Final Results).
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 Formwork LLC; and Universal
Tube and Pipe Industries LLC (UTP). See Circular
Welded Carbon-Quality Steel Pipe from the United
Arab Emirates: Affirmative Preliminary
Determination of Sales at Less Than Fair Value and
Postponement of Final Determination, 81 FR 36882
(June 8, 2016), and accompanying Preliminary
Decision Memorandum (PDM), unchanged in
Circular Welded Carbon-Quality Steel Pipe from the
United Arab Emirates: Final Determination of Sales
at Less Than Fair Value, 81 FR 75030 (October 28,
2016), and accompanying Issues and Decision
Memorandum. Because there is no information on
the record of this administrative review that would
lead us to revisit this determination, we are
continuing to treat these companies as part of a
single entity for the purposes of this administrative
review. Additionally, we previously determined
that THL Tube and Pipe Industries LLC is the
successor-in-interest to UTP. See CWP from the
UAE 2016–2017 Final Results.
3 In the final results of the 2019–2020
administrative review, we found that TSI Metal
Industries L.L.C. is the successor-in-interest to Tiger
Steel Industries L.L.C. See CWP from the UAE
2019–2020 Final Results.
4 See Circular Welded Carbon-Quality Steel Pipe
from the United Arab Emirates: Preliminary Results
of Antidumping Duty Administrative Review; 2020–
2021, 87 FR 79862 (December 28, 2022)
(Preliminary Results), and accompanying PDM,
corrected by the Federal Register in Circular
Welded Carbon-Quality Steel Pipe from the United
Arab Emirates: Preliminary Results of Antidumping
Duty Administrative Review; 2020–2021, 88 FR
7404 (February 3, 2023).
E:\FR\FM\04MYN1.SGM
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Federal Register / Vol. 88, No. 86 / Thursday, May 4, 2023 / Notices
Preliminary Results, as well as a full
discussion of the issues raised by
interested parties for these final results,
may be found in the Issues and Decision
Memorandum.5 The Issues and Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
Commerce conducted this
administrative review in accordance
with section 751 of the Tariff Act of
1930, as amended (the Act).
Scope of the Order 6
The merchandise subject to the Order
is welded carbon-quality steel pipes and
tube, of circular cross-section, with an
outside diameter not more than nominal
16 inches (406.4 mm), regardless of wall
thickness, surface finish, end finish, or
industry specification, and generally
known as standard pipe, fence pipe and
tube, sprinkler pipe, or structural pipe
(although subject product may also be
referred to as mechanical tubing). The
products subject to this Order are
currently classifiable in Harmonized
Tariff Schedule of the United States
(HTSUS) statistical reporting numbers
7306.19.1010, 7306.19.1050,
7306.19.5110, 7306.19.5150,
7306.30.1000, 7306.30.5015,
7306.30.5020, 7306.30.5025,
7306.30.5032, 7306.30.5040,
7306.30.5055, 7306.30.5085,
7306.30.5090, 7306.50.1000,
7306.50.5030, 7306.50.5050, and
7306.50.5070. Although the HTSUS
numbers are provided for convenience
and for customs purposes, the written
product description remains
dispositive.7
Analysis of Comments Received
All issues raised by interested parties
to this administrative review are
addressed in the Issues and Decision
Memorandum. For a list of issues raised
by parties, see the appendix to this
notice.
Changes Since the Preliminary Results
Based on a review of the record and
comments received from interested
parties regarding the Preliminary
Results, we made certain changes to the
preliminary weighted-average dumping
margin calculations for Ajmal,
Universal, and the non-examined
companies.8
Rate for Non-Examined Companies
The Act and Commerce’s regulations
do not address the establishment of a
weighted-average dumping margin 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 lessthan-fair-value (LTFV) investigation, for
guidance when calculating the
weighted-average dumping margin 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
rates that are zero, de minimis (i.e., less
than 0.5 percent), or determined entirely
on the basis of facts available.
For the final results, Commerce
calculated weighted-average dumping
margins for Ajmal and Universal that
are not zero, de minimis, or based
entirely on facts otherwise available.
Accordingly, Commerce has continued
to calculate the rate for companies not
selected for individual examination
using a weighted average of the
weighted-average dumping margins
calculated for Ajmal and Universal,
weighted by each respondent’s publiclyranged total U.S. sales value.9
Final Results of Review
We calculated the following
weighted-average dumping margins for
the companies listed below for the
period December 1, 2020, through
November 30, 2021:
Weightedaverage
dumping
margin
(percent)
Exporter and/or producer
ddrumheller on DSK120RN23PROD with NOTICES1
Ajmal Steel Tubes & Pipes Ind. L.L.C./Ajmal Steel Tubes & Pipes Ind. L.L.C.-Branch-1 .................................................................
Universal Tube and Plastic Industries, Ltd./THL Tube and Pipe Industries LLC/KHK Scaffolding and Formwork LLC ....................
Conares Metal Supply Limited ............................................................................................................................................................
TSI Metal Industries L.L.C ...................................................................................................................................................................
K.D. Industries Inc ...............................................................................................................................................................................
5 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final 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 (Issues and Decision Memorandum).
6 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).
7 For a complete description of the scope of the
Order, see the Issues and Decision Memorandum.
8 See the Issues and Decision Memorandum.
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17:12 May 03, 2023
Jkt 259001
9 When Commerce’s individual examination of
respondents is limited to two respondents,
Commerce normally calculates: (A) a weighted
average of the weighted-average dumping margins
calculated for the individually-examined
respondents; (B) a simple average of the weightedaverage dumping margins calculated for the
individually-examined respondents; and (C) a
weighted average of the weighted-average dumping
margins calculated for the individually-examined
respondents using each company’s publicly-ranged
U.S. sales quantities of subject merchandise.
Commerce then compares then compares (B) and
(C) to (A) and selects either the (B) or (C) rate based
on the rate closest to (A) as the most appropriate
rate for companies not selected for individual
PO 00000
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Fmt 4703
Sfmt 4703
28499
5.06
2.63
3.63
3.63
3.63
examination, as using the (A) rate would result in
the disclosure of business proprietary information.
See, e.g., Ball Bearings and Parts Thereof from
France, Germany, Italy, Japan, and the United
Kingdom: Final Results of Antidumping Duty
Administrative Reviews, Final Results of ChangedCircumstances Review, and Revocation of an Order
in Part, 75 FR 53661, 53663 (September 1, 2010).
In this review, Commerce based the rate for
companies not selected for individual examination
on the publicly-ranged sales data of the mandatory
respondents. For an analysis of the data, see
Memorandum, ‘‘Calculation of the Non-Selected
Companies Rate for the Final Results,’’ dated
concurrently with this notice.
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Federal Register / Vol. 88, No. 86 / Thursday, May 4, 2023 / Notices
Disclosure
We intend to disclose the calculations
performed within five days of the date
of publication of this notice to parties in
this proceeding, in accordance with 19
CFR 351.224(b).
ddrumheller on DSK120RN23PROD with NOTICES1
Assessment Rates
Pursuant to section 751(a)(2)(C) of the
Act, and 19 CFR 351.212(b)(1),
Commerce has determined, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries of subject
merchandise in accordance with the
final results of this review.
Pursuant to 19 CFR 351.212(b)(1),
because Ajmal and Universal reported
the entered value of their U.S. sales, we
calculated importer-specific ad valorem
duty assessment rates for antidumping
duties based on the ratio of the total
amount of dumping calculated for the
examined sales to each importer to the
total entered value of those sales. Where
an importer-specific assessment rate is
de minimis (i.e., less than 0.5 percent),
the entries by that importer will be
liquidated without regard to
antidumping duties.
Commerce’s ‘‘automatic assessment’’
will apply to entries of subject
merchandise during the POR produced
or exported by Ajmal or Universal for
which the company 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.10
For the companies that were not
selected for individual review, the
assessment rate for antidumping duties
will be equal to the weighted-average
dumping margin determined in these
final results.
We intend to issue assessment
instructions to CBP no earlier than 35
days after the date of publication of the
final results of this review in the
Federal Register. If a timely summons is
filed at the U.S. Court of International
Trade, the assessment instructions will
direct CBP not to liquidate relevant
entries until the time for parties to file
a request for a statutory injunction has
expired (i.e., within 90 days of
publication).
10 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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17:12 May 03, 2023
Jkt 259001
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
this administrative review, as provided
by section 751(a)(2)(C) of the Act: (1) the
cash deposit rate for each company
listed above will be that established in
the final results of this review, except if
the rate is less than 0.50 percent and,
therefore, de minimis within the
meaning of 19 CFR 351.106(c)(1), in
which case the cash deposit rate will be
zero; (2) for previously investigated
companies not subject to this review,
the cash deposit will continue to be the
company-specific rate published for the
most recently completed segment of this
proceeding; (3) if the exporter is not a
firm covered in this review, or a
previous segment, but the producer is,
then the cash deposit rate will be the
rate established for the most recent
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 allothers rate established in the LTFV
investigation.11
These cash deposit requirements,
when imposed, shall remain in effect
until further notice.
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.
Administrative Protective Order
This notice serves as the only
reminder to parties subject to an
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 or destruction of
APO materials or conversion to judicial
11 See Circular Welded Carbon-Quality Steel Pipe
from the Sultanate of Oman, Pakistan, and the
United Arab Emirates: Amended Final Affirmative
Antidumping Duty Determination and
Antidumping Duty Orders, 81 FR 91906, 91908
(December 19, 2016).
PO 00000
Frm 00042
Fmt 4703
Sfmt 4703
protective order is hereby requested.
Failure to comply with the regulations
and the terms of an APO is a
sanctionable violation.
Notification to Interested Parties
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i) of the Act.
Dated: April 27, 2023.
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. Changes From the Preliminary Results
V. Discussion of the Issues
Comment 1: Differential Pricing Analysis
Comment 2: Treatment of Section 232
Duties
Comment 3: Selection of the Correct
Universes of Sales for Ajmal for the
Period of Review (POR)
Comment 4: Calculation of Universal’s
Imputed Credit Expense for U.S. Sales
Comment 5: Application of Partial Adverse
Facts Available (AFA) for Universal’s
Reported Freight Revenue on U.S. Sales
VI. Recommendation
[FR Doc. 2023–09422 Filed 5–3–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–588–874]
Certain Hot-Rolled Steel Flat Products
From Japan: Final Results of
Antidumping Duty Administrative
Review; 2020–2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
Nippon Steel Corporation (NSC),
producer and exporter of hot-rolled steel
flat products (hot-rolled steel) from
Japan, sold subject merchandise in the
United States at prices below normal
value during the period of review (POR)
October 1, 2020, through September 30,
2021.
DATES: Applicable May 4, 2023.
FOR FURTHER INFORMATION CONTACT: Jun
Jack Zhao AD/CVD Operations, Office
VII, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1396.
AGENCY:
E:\FR\FM\04MYN1.SGM
04MYN1
]]>Agencies
[Federal Register Volume 88, Number 86 (Thursday, May 4, 2023)]
[Notices]
[Pages 28498-28500]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09422]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-520-807]
Circular Welded Carbon-Quality Steel Pipe From the United Arab
Emirates: Final Results of Antidumping Duty Administrative Review;
2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that the
producers/exporters subject to this administrative review made sales of
subject merchandise at prices less than normal value during the period
of review (POR), December 1, 2020, through November 30, 2021.
DATES: Applicable May 4, 2023.
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
This review covers five producers/exporters of the subject
merchandise. Commerce selected two mandatory respondents for individual
examination: Ajmal Steel Tubes & Pipes Ind. L.L.C./Ajmal Steel Tubes &
Pipes Ind. L.L.C.-Branch-1 (collectively, Ajmal) \1\ and Universal Tube
and Plastic Industries, Ltd./THL Tube and Pipe Industries LLC/KHK
Scaffolding and Formwork LLC (collectively, Universal).\2\ The
producers/exporters not selected for individual examination are Conares
Metal Supply Limited, TSI Metal Industries L.L.C.,\3\ and K.D.
Industries Inc.
---------------------------------------------------------------------------
\1\ We collapsed Ajmal Steel Tubes & 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 the UAE 2016-2017 Final Results).
Because there is no information on the record of this administrative
review that would lead us to revisit this determination, we continue
to treat these companies as part of a single entity for the purposes
of this administrative review. 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) (CWP from the UAE 2019-2020
Final Results).
\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 Formwork LLC; and Universal Tube and Pipe
Industries LLC (UTP). See Circular Welded Carbon-Quality Steel Pipe
from the United Arab Emirates: Affirmative Preliminary Determination
of Sales at Less Than Fair Value and Postponement of Final
Determination, 81 FR 36882 (June 8, 2016), and accompanying
Preliminary Decision Memorandum (PDM), unchanged in Circular Welded
Carbon-Quality Steel Pipe from the United Arab Emirates: Final
Determination of Sales at Less Than Fair Value, 81 FR 75030 (October
28, 2016), and accompanying Issues and Decision Memorandum. Because
there is no information on the record of this administrative review
that would lead us to revisit this determination, we are continuing
to treat these companies as part of a single entity for the purposes
of this administrative review. Additionally, we previously
determined that THL Tube and Pipe Industries LLC is the successor-
in-interest to UTP. See CWP from the UAE 2016-2017 Final Results.
\3\ In the final results of the 2019-2020 administrative review,
we found that TSI Metal Industries L.L.C. is the successor-in-
interest to Tiger Steel Industries L.L.C. See CWP from the UAE 2019-
2020 Final Results.
---------------------------------------------------------------------------
On December 28, 2022, Commerce published the Preliminary
Results.\4\ A summary of the events that occurred since Commerce
published the
[[Page 28499]]
Preliminary Results, as well as a full discussion of the issues raised
by interested parties for these final results, may be found in the
Issues and Decision Memorandum.\5\ The Issues and Decision Memorandum
is a public document and is on file electronically via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS). ACCESS is available to registered users at
https://access.trade.gov. In addition, a complete version of the Issues
and Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------
\4\ See Circular Welded Carbon-Quality Steel Pipe from the
United Arab Emirates: Preliminary Results of Antidumping Duty
Administrative Review; 2020-2021, 87 FR 79862 (December 28, 2022)
(Preliminary Results), and accompanying PDM, corrected by the
Federal Register in Circular Welded Carbon-Quality Steel Pipe from
the United Arab Emirates: Preliminary Results of Antidumping Duty
Administrative Review; 2020-2021, 88 FR 7404 (February 3, 2023).
\5\ See Memorandum, ``Issues and Decision Memorandum for the
Final 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 (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Commerce conducted this administrative review in accordance with
section 751 of the Tariff Act of 1930, as amended (the Act).
Scope of the Order 6
---------------------------------------------------------------------------
\6\ 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).
---------------------------------------------------------------------------
The merchandise subject to the Order is welded carbon-quality steel
pipes and tube, of circular cross-section, with an outside diameter not
more than nominal 16 inches (406.4 mm), regardless of wall thickness,
surface finish, end finish, or industry specification, and generally
known as standard pipe, fence pipe and tube, sprinkler pipe, or
structural pipe (although subject product may also be referred to as
mechanical tubing). The products subject to this Order are currently
classifiable in Harmonized Tariff Schedule of the United States (HTSUS)
statistical reporting numbers 7306.19.1010, 7306.19.1050, 7306.19.5110,
7306.19.5150, 7306.30.1000, 7306.30.5015, 7306.30.5020, 7306.30.5025,
7306.30.5032, 7306.30.5040, 7306.30.5055, 7306.30.5085, 7306.30.5090,
7306.50.1000, 7306.50.5030, 7306.50.5050, and 7306.50.5070. Although
the HTSUS numbers are provided for convenience and for customs
purposes, the written product description remains dispositive.\7\
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\7\ For a complete description of the scope of the Order, see
the Issues and Decision Memorandum.
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Analysis of Comments Received
All issues raised by interested parties to this administrative
review are addressed in the Issues and Decision Memorandum. For a list
of issues raised by parties, see the appendix to this notice.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding the Preliminary Results, we made certain
changes to the preliminary weighted-average dumping margin calculations
for Ajmal, Universal, and the non-examined companies.\8\
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\8\ See the Issues and Decision Memorandum.
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Rate for Non-Examined Companies
The Act and Commerce's regulations do not address the establishment
of a weighted-average dumping margin 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
less-than-fair-value (LTFV) investigation, for guidance when
calculating the weighted-average dumping margin 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 rates that are zero, de
minimis (i.e., less than 0.5 percent), or determined entirely on the
basis of facts available.
For the final results, Commerce calculated weighted-average dumping
margins for Ajmal and Universal that are not zero, de minimis, or based
entirely on facts otherwise available. Accordingly, Commerce has
continued to calculate the rate for companies not selected for
individual examination using a weighted average of the weighted-average
dumping margins calculated for Ajmal and Universal, weighted by each
respondent's publicly-ranged total U.S. sales value.\9\
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\9\ When Commerce's individual examination of respondents is
limited to two respondents, Commerce normally calculates: (A) a
weighted average of the weighted-average dumping margins calculated
for the individually-examined respondents; (B) a simple average of
the weighted-average dumping margins calculated for the
individually-examined respondents; and (C) a weighted average of the
weighted-average dumping margins calculated for the individually-
examined respondents using each company's publicly-ranged U.S. sales
quantities of subject merchandise. Commerce then compares then
compares (B) and (C) to (A) and selects either the (B) or (C) rate
based on the rate closest to (A) as the most appropriate rate for
companies not selected for individual examination, as using the (A)
rate would result in the disclosure of business proprietary
information. See, e.g., Ball Bearings and Parts Thereof from France,
Germany, Italy, Japan, and the United Kingdom: Final Results of
Antidumping Duty Administrative Reviews, Final Results of Changed-
Circumstances Review, and Revocation of an Order in Part, 75 FR
53661, 53663 (September 1, 2010). In this review, Commerce based the
rate for companies not selected for individual examination on the
publicly-ranged sales data of the mandatory respondents. For an
analysis of the data, see Memorandum, ``Calculation of the Non-
Selected Companies Rate for the Final Results,'' dated concurrently
with this notice.
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Final Results of Review
We calculated the following weighted-average dumping margins for
the companies listed below for the period December 1, 2020, through
November 30, 2021:
------------------------------------------------------------------------
Weighted-
average
Exporter and/or producer dumping margin
(percent)
------------------------------------------------------------------------
Ajmal Steel Tubes & Pipes Ind. L.L.C./Ajmal Steel Tubes 5.06
& Pipes Ind. L.L.C.-Branch-1...........................
Universal Tube and Plastic Industries, Ltd./THL Tube and 2.63
Pipe Industries LLC/KHK Scaffolding and Formwork LLC...
Conares Metal Supply Limited............................ 3.63
TSI Metal Industries L.L.C.............................. 3.63
K.D. Industries Inc..................................... 3.63
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[[Page 28500]]
Disclosure
We intend to disclose the calculations performed within five days
of the date of publication of this notice to parties in this
proceeding, in accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR
351.212(b)(1), Commerce has determined, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review.
Pursuant to 19 CFR 351.212(b)(1), because Ajmal and Universal
reported the entered value of their U.S. sales, we calculated importer-
specific ad valorem duty assessment rates for antidumping duties based
on the ratio of the total amount of dumping calculated for the examined
sales to each importer to the total entered value of those sales. Where
an importer-specific assessment rate is de minimis (i.e., less than 0.5
percent), the entries by that importer will be liquidated without
regard to antidumping duties.
Commerce's ``automatic assessment'' will apply to entries of
subject merchandise during the POR produced or exported by Ajmal or
Universal for which the company 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.\10\
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\10\ 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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For the companies that were not selected for individual review, the
assessment rate for antidumping duties will be equal to the weighted-
average dumping margin determined in these final results.
We intend to issue assessment instructions to CBP no earlier than
35 days after the date of publication of the final results of this
review in the Federal Register. If a timely summons is filed at the
U.S. Court of International Trade, the assessment instructions will
direct CBP not to liquidate relevant entries until the time for parties
to file a request for a statutory injunction has expired (i.e., within
90 days of publication).
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) the cash deposit rate for each company
listed above will be that established in the final results of this
review, except if the rate is less than 0.50 percent and, therefore, de
minimis within the meaning of 19 CFR 351.106(c)(1), in which case the
cash deposit rate will be zero; (2) for previously investigated
companies not subject to this review, the cash deposit will continue to
be the company-specific rate published for the most recently completed
segment of this proceeding; (3) if the exporter is not a firm covered
in this review, or a previous segment, but the producer is, then the
cash deposit rate will be the rate established for the most recent
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 LTFV investigation.\11\
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\11\ See Circular Welded Carbon-Quality Steel Pipe from the
Sultanate of Oman, Pakistan, and the United Arab Emirates: Amended
Final Affirmative Antidumping Duty Determination and Antidumping
Duty Orders, 81 FR 91906, 91908 (December 19, 2016).
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These cash deposit requirements, when imposed, shall remain in
effect until further notice.
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.
Administrative Protective Order
This notice serves as the only reminder to parties subject to an
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 or destruction of APO materials
or conversion to judicial protective order is hereby requested. Failure
to comply with the regulations and the terms of an APO is a
sanctionable violation.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i) of the Act.
Dated: April 27, 2023.
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. Changes From the Preliminary Results
V. Discussion of the Issues
Comment 1: Differential Pricing Analysis
Comment 2: Treatment of Section 232 Duties
Comment 3: Selection of the Correct Universes of Sales for Ajmal
for the Period of Review (POR)
Comment 4: Calculation of Universal's Imputed Credit Expense for
U.S. Sales
Comment 5: Application of Partial Adverse Facts Available (AFA)
for Universal's Reported Freight Revenue on U.S. Sales
VI. Recommendation
[FR Doc. 2023-09422 Filed 5-3-23; 8:45 am]
BILLING CODE 3510-DS-P
