Large Diameter Welded Pipe From Canada: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2021-2022, 37011-37013 [2023-12027]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 88, Number 108 (Tuesday, June 6, 2023)]
[Notices]
[Pages 37011-37013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12027]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-122-863]


Large Diameter Welded Pipe From Canada: Preliminary Results of 
Antidumping Duty Administrative Review and Preliminary Determination of 
No Shipments; 2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds 
that large diameter welded pipe (welded pipe) from Canada was not sold 
in the United States at less than normal value (NV) during the period 
of review (POR), May 1, 2021, through April 30, 2022. The review covers 
40 producers or exporters of the subject merchandise, including the 
single entity comprised of Evraz Inc. NA, Evraz Inc. NA Canada and The 
Canadian National Steel Corporation (collectively, Evraz), the sole 
respondent that was selected for individual examination. We invite 
interested parties to comment on these preliminary results.

DATES: Applicable June 6, 2023.

FOR FURTHER INFORMATION CONTACT: Faris Montgomery, 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) 482-1537.

SUPPLEMENTARY INFORMATION: 

Background

    On May 2, 2019, Commerce published the antidumping duty order on 
welded pipe from Canada.\1\ On July 14, 2022, in accordance with 19 CFR 
351.221(c)(1)(i), Commerce published in the Federal Register the 
initiation of this administrative review of the Order.\2\
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    \1\ See Large Diameter Welded Pipe from Canada: Antidumping Duty 
Order, 84 FR 18775 (May 2, 2019) (Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 42144 (July 14, 2022).
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    Pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as 
amended (the Act), on December 22, 2022, Commerce determined that it 
was not practicable to complete the preliminary results of this review 
within 245 days and extended the deadline for the preliminary results 
of this review by 100 days, until May 11, 2023.\3\ On April 27, 2023, 
Commerce extended the deadline of the preliminary results by 20 
additional days, until May 31, 2023.\4\
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    \3\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review; 2021-2022,'' 
dated December 22, 2022.
    \4\ See Memorandum, ``Second Extension of Deadline for 
Preliminary Results of Antidumping Duty Administrative Review,'' 
dated April 27, 2023.
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    For a detailed description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\5\ 
A list of topics discussed in the Preliminary Decision Memorandum is 
included as Appendix I to this notice. The Preliminary Decision 
Memorandum is a public document and is available 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 found at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \5\ See Memorandum, '' Decision Memorandum for the Preliminary 
Results of the Administrative Review of the Antidumping Duty Order 
on Large Diameter Welded Pipe from Canada; 2021-2022,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
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Scope of the Order

    The product covered by the Order is welded pipe from Canada. The 
subject merchandise is currently classified in the Harmonized Tariff 
Schedule of the United States (HTSUS) under subheadings 7305.11.1030, 
7305.11.1060, 7305.11.5000, 7305.12.1030, 7305.12.1060, 7305.12.5000, 
7305.19.1030, 7305.19.1060, 7305.19.5000, 7305.31.4000, 7305.31.6090, 
7305.39.1000 and 7305.39.5000. While the HTSUS subheadings are provided 
for convenience and customs purposes, the written description of the 
scope of this Order is dispositive.
    For a full description of the scope, see the Preliminary Decision 
Memorandum.

Preliminary Determination of No Shipments

    Three exporters under review, Forterra Pipe & Precast, Ltd. 
(Forterra), Hyprescon Inc. (Hyprescon), and Canam Group Inc. (Canam), 
properly filed a certification reporting that they made no shipments of 
subject merchandise during the POR.\6\ We received no

[[Page 37012]]

information from U.S. Customs and Border Protection (CBP) that 
contradicts Forterra, Hyprescon, and Canam's no-shipment claims.\7\ 
Therefore, we preliminarily determine that these companies did not have 
shipments of subject merchandise during the POR. Consistent with 
Commerce's practice,\8\ Commerce finds that it is not appropriate to 
rescind the review with respect to these companies, but rather, to 
complete the review and issue appropriate instructions to CBP based on 
the final results of this review.
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    \6\ See Forterra and Hyprescon's Letter, ``No Shipment Letter of 
Forterra and Hyprescon Inc.,'' dated August 9, 2022; see also 
Canam's Letter, ``Canam Group Inc.'s Certification of No Sales, 
Shipments, or Entries,'' dated August 10, 2022. In the Initiation 
Notice, Canam was listed as Canam (St Gedeon). However, in its 
certification of no shipments, it noted that Canam (St Gedeon) is a 
plant location and not its legal name.
    \7\ See Memorandum, ``No Shipment Inquiry for Multiple Companies 
During the Period 05/01/2021 through 4/30/2022,'' dated January 9, 
2023.
    \8\ See, e.g., Certain Frozen Warmwater Shrimp from Thailand: 
Preliminary Results of Antidumping Duty Administrative Review, 
Partial Rescission of Review, Preliminary Determination of No 
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged 
in Certain Frozen Warmwater Shrimp from Thailand: Final Results of 
Antidumping Duty Administrative Review, Final Determination of No 
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR 51306 
(August 28, 2014).
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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. Normal value 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.

Rate for Non-Examined Companies

    The statute and Commerce's regulations do not address the 
establishment of a weighted-average dumping margin to be determined for 
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 
determining the weighted-average dumping margin for companies that were 
not selected for individual examination in an administrative review. 
Under section 735(c)(5)(A) of the Act, the all-others rate is normally 
``an amount equal to the weighted average of the estimated weighted 
average dumping margins established for exporters and producers 
individually investigated, excluding any zero or de minimis margins, 
and any margins determined entirely {on the basis of facts 
available{time} .''
    In this review, we preliminarily calculated a weighted-average 
dumping margin of 0.00 percent for Evraz, the sole mandatory 
respondent. Consistent with the U.S. Court of Appeals for the Federal 
Circuit's decision in Albemarle,\9\ and Commerce's practice,\10\ we are 
applying a weighted-average dumping margin of zero percent to the 
companies not selected for individual examination in this review, 
because we calculated a rate of zero percent for the mandatory 
respondent. This is the only weighted-average dumping margin determined 
in this review for an individually examined respondent and, thus, we 
are applying this rate to the non-examined companies under review under 
section 735(c)(5)(B) of the Act.\11\
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    \9\ See Albermarle Corp. v. United States, 821 F.3d 1345 (Fed. 
Cir. 2016) (Albemarle).
    \10\ See, e.g., Certain Cold-Rolled Steel Flat Products from the 
Republic of Korea: Final Results of Antidumping Duty Administrative 
Review; 2019-2020, 87 FR 15371 (March 18, 2022).
    \11\ See Appendix II for a list of non-examined companies under 
review.
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Preliminary Results of Review

    We preliminarily determine that the following weighted-average 
dumping margins exist for the period May 1, 2021, through April 30, 
2022:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                     Producer or exporter                       dumping
                                                                 margin
                                                               (percent)
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Evraz Inc. NA; Evraz Inc. NA Canada; The Canadian National          0.00
 Steel Corporation...........................................
Non-Examined Companies.......................................       0.00
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Verification

    As provided in section 782(i)(3) of the Act, Commerce intends to 
verify the information relied upon for its final results.

Disclosure and Public Comment

    We intend to disclose the calculations performed for these 
preliminary results to interested parties under administrative 
protective order within ten days after the date of public announcement 
of the preliminary results, or within five days after the publication 
of the preliminary results in the Federal Register.\12\
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    \12\ See 19 CFR 351.224(b).
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    Interested parties will be notified of the deadline for the 
submission of case briefs and written comments at a later date.\13\ 
Rebuttal briefs, limited to issues raised in the case briefs, may be 
filed not later than seven days after the date for filing case 
briefs.\14\ Parties who submit case briefs or rebuttal briefs in this 
proceeding are encouraged to submit with each argument: (1) a statement 
of the issue; (2) a brief summary of the argument; and (3) a table of 
authorities.\15\ Executive summaries should be limited to five pages 
total, including footnotes.
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    \13\ See 19 CFR 351.309(c)(1)(ii).
    \14\ See 19 CFR 351.309(d)(1) and (2); see also Temporary Rule 
Modifying AD/CVD Service Requirements Due to COVID-19; Extension of 
Effective Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
    \15\ See 19 CFR 351.309(c)(2) and (d)(2).
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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, within 30 days after the date 
of publication of this notice. 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 
those raised in the respective case and rebuttal briefs. If a request 
for a hearing is made, Commerce intends to hold the hearing at a date 
and time to be determined.\16\ Parties should confirm by telephone the 
date, time, and location of the hearing two days before the scheduled 
date.
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    \16\ See 19 CFR 351.310(d).
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    All briefs and hearing requests must be filed electronically using 
ACCESS,\17\ and must be served on interested parties.\18\ An 
electronically filed document must be received successfully in its 
entirety by ACCESS by 5:00 p.m. Eastern Time. Note that Commerce has 
temporarily modified certain of its requirements for serving documents 
containing business proprietary information, until further notice.\19\
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    \17\ See 19 CFR 351.303.
    \18\ See 19 CFR 351.303(f).
    \19\ See generally Temporary Rule.
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Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 
351.212(b)(1), Commerce intends to determine, and CBP shall assess, 
antidumping duties on all appropriate entries of subject merchandise 
covered by this review. Commerce intends to issue assessment 
instructions to CBP no earlier than 35 days after the date of 
publication of the final results of this administrative 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).
    For an individually examined respondent whose weighted-average 
dumping margin is not zero or de

[[Page 37013]]

minimis (i.e., less than 0.50 percent), upon completion of the final 
results, Commerce intends to calculate importer-specific antidumping 
duty assessment rates on the basis of the ratio of the total amount of 
dumping calculated for each importer's examined sales to the total 
entered value of those sales. Where we do not have entered values for 
all U.S. sales to a particular importer, we will calculate an importer-
specific, per-unit assessment rate on the basis of the ratio of the 
total amount of dumping calculated for the importer's examined sales to 
the total quantity of those sales.\20\ To determine whether an 
importer-specific, per-unit assessment rate is de minimis, in 
accordance with 19 CFR 351.106(c)(2), we also will calculate an 
importer-specific ad valorem ratio based on estimated entered values. 
Where either a respondent's weighted-average dumping margin is zero or 
de minimis, or an importer-specific assessment rate is zero or de 
minimis, we intend to instruct CBP to liquidate appropriate entries 
without regard to antidumping duties.\21\
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    \20\ See 19 CFR 351.212(b)(1).
    \21\ See 19 CFR 351.106(c)(2); see also Antidumping Proceeding: 
Calculation of the Weighted-Average Dumping Margin and Assessment 
Rate in Certain Antidumping Proceedings; Final Modification, 77 FR 
8101, 8103 (February 14, 2012).
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    For entries of subject merchandise during the POR produced by an 
individually examined respondent for which it did not know its 
merchandise was destined for the United States, we intend to instruct 
CBP to liquidate such entries at the all-others rate (i.e., 12.32 
percent) \22\ if there is no rate for the intermediate company(ies) 
involved in the transaction.\23\
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    \22\ See Order, 84 FR at 18775-76.
    \23\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    For the companies which were not selected for individual 
examination, we intend to instruct CBP to assess antidumping duties at 
a rate equal to the weighted-average dumping margin determined for the 
non-examined companies in the final results of review.
    If Commerce determines that an exporter under review had no 
shipments of the subject merchandise, any suspended entries that 
entered under that exporter's case number (i.e., at that exporter's 
rate) will be liquidated at the all-others rate if there is no rate for 
the intermediate company(ies) involved in the transaction.
    The final results of this review shall be the basis for the 
assessment of antidumping duties on entries of merchandise covered by 
the final results of this review and for future cash deposits of 
estimated antidumping duties, where applicable.\24\
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    \24\ See section 751(a)(2)(C) of the Act.
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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 the companies 
listed above will be equal to the weighted-average dumping margin 
established in the final results of this review, except if the rate is 
less than 0.50 percent and, therefore, de minimis within the meaning of 
19 CFR 351.106(c)(1), in which case the cash deposit rate will be zero; 
(2) for previously reviewed or investigated companies not covered in 
this review, the cash deposit rate will continue to be equal to the 
company-specific rate published for the most recently-completed segment 
of this proceeding in which the company was reviewed; (3) if the 
exporter is not a firm covered in this review, a prior completed 
review, or the LTFV investigation, but the producer is, then the cash 
deposit rate will be equal to the company-specific rate established for 
the most recently-completed segment of this proceeding for the producer 
of subject merchandise; and (4) the cash deposit rate for all other 
producers and exporters will continue to be 12.32 percent, the all-
others rate established in the LTFV investigation.\25\ These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \25\ See Order.
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Final Results of Review

    Unless the deadline is otherwise extended, Commerce intends to 
issue the final results of this administrative review, including the 
results of its analysis of issues raised by the parties in the written 
comments, within 120 days of publication of these preliminary results 
in the Federal Register, pursuant to section 751(a)(3)(A) of the Act 
and 19 CFR 351.213(h)(1).

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 this POR. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of antidumping duties occurred and the subsequent assessment of doubled 
antidumping duties.

Notification to Interested Parties

    These preliminary results are issued and published in accordance 
with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
351.221(b)(4).

    Dated: May 31, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix I--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Determination of No Shipments
V. Rate for Non-Examined Companies
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation

Appendix II--Companies Not Selected for Individual Examination

1. Acier Profile SBB Inc.
2. Aciers Lague Steels Inc.
3. Amdor Inc.
4. BPC Services Group
5. Bri-Steel Manufacturing
6. Canada Culvert.
7. Cappco Tubular Products Canada Inc.
8. CFI Metal Inc.
9. Dominion Pipe & Piling
10. Enduro Canada Pipeline Services
11. Fi Oilfield Services Canada
12. Gchem Ltd.
13. Graham Construction
14. Groupe Fordia Inc.
15. Grupo Fordia Inc.
16. Hodgson Custom Rolling
17. Interpipe Inc.
18. K K Recycling Services
19. Kobelt Manufacturing Co.
20. Labrie Environment
21. Les Aciers Sofatec
22. Lorenz Conveying P
23. Lorenz Conveying Products
24. Matrix Manufacturing
25. MBI Produits De Forge
26. Nor Arc
27. Peak Drilling Ltd.
28. Pipe & Piling Sply Ltd.
29. Pipe & Piling Supplies
30. Prudental
31. Prudential
32. Shaw Pipe Protecction
33. Shaw Pipe Protection
34. Tenaris Algoma Tubes Facility
35. Tenaris Prudential
36. Welded Tube of Can Ltd.

[FR Doc. 2023-12027 Filed 6-5-23; 8:45 am]
BILLING CODE 3510-DS-P