Circular Welded Carbon-Quality Steel Pipe From the United Arab Emirates: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022, 899-902 [2024-00083]
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Notices
Federal Register
Vol. 89, No. 5
Monday, January 8, 2024
This section of the FEDERAL REGISTER
contains documents other than rules or
proposed rules that are applicable to the
public. Notices of hearings and investigations,
committee meetings, agency decisions and
rulings, delegations of authority, filing of
petitions and applications and agency
statements of organization and functions are
examples of documents appearing in this
section.
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[B–41–2023]
Foreign-Trade Zone 277—Western
Maricopa County, Arizona; Withdrawal
of Application for Expansion (New
Magnet Site) Under Alternative Site
Framework
Notice is hereby given of the
withdrawal of the application submitted
by the Greater Maricopa Foreign Trade
Zone, Inc., grantee of FTZ 277,
requesting authority to expand its zone
under the alternative site framework to
include a new magnet site in El Mirage,
Arizona. The application was docketed
on June 26, 2023 (88 FR 42290, June 30,
2023). The withdrawal was requested by
the grantee on January 2, 2024,
following notification pursuant to 15
CFR 400.33(e)(1) of the examiner’s
preliminary recommendation not to
approve the application.
Dated: January 2, 2024.
Elizabeth Whiteman,
Executive Secretary.
an Export Trade Certificate of Review
(‘‘Certificate’’).
FOR FURTHER INFORMATION CONTACT:
Joseph Flynn, Director, OTEA,
International Trade Administration,
(202) 482–5131 (this is not a toll-free
number) or email at etca@trade.gov.
SUPPLEMENTARY INFORMATION: Title III of
the Export Trading Company Act of
1982 (15 U.S.C. 4011–21) authorizes the
Secretary of Commerce to issue Export
Trade Certificates of Review. An Export
Trade Certificate of Review protects the
holder and the members identified in
the Certificate from State and Federal
government antitrust actions and from
private treble damage antitrust actions
for the export conduct specified in the
Certificate and carried out in
compliance with its terms and
conditions. The regulations
implementing Title III are found at 15
CFR part 325. Pursuant to 15 CFR
325.15, a Certificate holder may
relinquish a Certificate at any time
through written notice to the Secretary.
The Certificate will cease to be effective
on the day the Secretary receives the
notice.
Summary of Action
On December 5, 2023, CA–PEQ
relinquished its Certificate (Application
No. 05–2A001) pursuant to 15 CFR
325.15. This publication serves as
public notice that the Certificate was
relinquished and ceased to be effective
on December 5, 2023.
Dated: January 3, 2024.
Joseph Flynn,
Director, Office of Trade and Economic
Analysis, International Trade Administration,
U.S. Department of Commerce.
[FR Doc. 2024–00088 Filed 1–5–24; 8:45 am]
BILLING CODE 3510–DS–P
[FR Doc. 2024–00140 Filed 1–5–24; 8:45 am]
DEPARTMENT OF COMMERCE
BILLING CODE 3510–DR–P
International Trade Administration
[Application No. 05–2A001]
DEPARTMENT OF COMMERCE
Export Trade Certificate of Review
International Trade Administration
Notice of relinquishment of the
Export Trade Certificate of Review for
Central America Poultry Export Quota,
Inc. (‘‘CA–PEQ’’), Application No. 05–
2A001.
ddrumheller on DSK120RN23PROD with NOTICES1
ACTION:
SUMMARY: The Secretary of Commerce,
through the Office of Trade and
Economic Analysis (‘‘OTEA’’) of the
International Trade Administration, has
received notice of the relinquishing of
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[A–520–807]
Circular Welded Carbon-Quality Steel
Pipe From the United Arab Emirates:
Preliminary Results of Antidumping
Duty Administrative Review; 2021–
2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
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SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that producers/exporters of
circular welded carbon-quality steel
pipe (CWP) from the United Arab
Emirates (UAE) subject to this
administrative review made sales of
subject merchandise at less than normal
value (NV) during the period of review
(POR), December 1, 2021, through
November 30, 2022. We invite
interested parties to comment on these
preliminary results.
DATES: Applicable January 8, 2024.
FOR FURTHER INFORMATION CONTACT:
Rebecca Janz or Sofia Pedrelli, 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) 482–2972 or (202) 482–4301,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 19, 2016, Commerce
published in the Federal Register the
antidumping duty order on CWP from
the UAE.1 On December 1, 2022,
Commerce published in the Federal
Register a notice of opportunity to
request an administrative review of the
Order.2 On February 2, 2023, based on
timely requests for review, in
accordance with 19 CFR
351.221(c)(1)(i), we initiated an
administrative review of the Order with
respect to seven companies.3 On March
14, 2023, Commerce selected Conares
Metal Supply Limited (Conares) and
Universal Tube and Plastic Industries,
Ltd./THL Tube and Pipe Industries LLC/
KHK Scaffolding and Formwork LLC
(collectively, Universal) for individual
examination as mandatory respondents
in this administrative review.4 On April
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 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review and Join Annual
Inquiry Service List, 87 FR 73752, (December 1,
2022).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
7060 (February 2, 2023).
4 See Memorandum, ‘‘Selection of Respondents
for Individual Examination,’’ dated March 14, 2023,
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Federal Register / Vol. 89, No. 5 / Monday, January 8, 2024 / Notices
3, 2023, Commerce extended the
preliminary results of this review until
December 29, 2023.5
Scope of the Order
The products covered by the Order
are CWP from the UAE. A full
description of the scope of Order is
contained in the Preliminary Decision
Memorandum.6
Methodology
Commerce is conducting this review
in accordance with sections 751(a)(1)(B)
and (2) of the Tariff Act of 1930, as
amended (the Act). Export price and
constructed export price are calculated
in accordance with section 772 of the
Act. 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 an
appendix to this notice. The Preliminary
Decision Memorandum is a public
document and is made available to the
public 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 is available at
https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Rate for Non-Examined Companies
The Act and Commerce’s regulations
do not address the establishment of a
rate to be applied to companies not
selected for examination when
Commerce limits its examination in an
administrative review pursuant to
section 777A(c)(2) of the Act. Generally,
Commerce looks to section 735(c)(5) of
the Act, which provides instructions for
calculating the all-others rate in a
market economy investigation, for
guidance when calculating the rate for
companies 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 or de minimis margins, and any
margins determined entirely on the
basis of facts available. In this
administrative review, we preliminarily
calculated weighted-average dumping
margins for the mandatory respondents,
Conares and Universal, that are not zero,
de minimis, or based entirely on total
facts available. Accordingly, Commerce
is preliminarily assigning to the
companies not individually examined,
listed in the chart below, a margin of
1.06 percent which is the weightedaverage of Conares’ and Universal’s
calculated weighted-average dumping
margins.7
Preliminary Results of Review
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist for the
period December 1, 2021, through
November 30, 2022:
Weighted-average
dumping margin
(percent)
Exporter/producer
Conares Metal Supply Limited ....................................................................................................................................................
Universal Tube and Plastic Industries, Ltd; THL Tube and Pipe Industries LLC; KHK Scaffolding and Framework LLC ........
0.96
1.09
Review-Specific Average Rate Applicable to the Following Companies
Ajmal Steel Tubes & Pipes Ind., L.L.C ........................................................................................................................................
K.D. Industries Inc .......................................................................................................................................................................
TSI Metal Industries L.L.C ...........................................................................................................................................................
ddrumheller on DSK120RN23PROD with NOTICES1
Disclosure and Public Comment
1.06
1.06
1.06
We intend to disclose the calculations
performed to parties within five days
after public announcement of the
preliminary results.8 Interested parties
may submit case briefs or other written
comments to Commerce no later than 30
days after the date of publication of this
notice.9 Rebuttal briefs, limited to issues
raised in the case briefs, may be filed
not later than five days after the date for
filing case briefs.10 Interested parties
who submit case briefs or rebuttal briefs
in this proceeding must submit: (1) a
table of contents listing each issue; and
(2) a table of authorities.11
As provided under 19 CFR
351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged
interested parties to provide an
executive summary of their brief that
should be limited to five pages total,
including footnotes. In this
administrative review, we instead
request that interested parties provide at
the beginning of their briefs a public,
executive summary for each issue raised
in their briefs.12 Further, we request that
interested parties limit their executive
summary of each issue to no more than
450 words, not including citations. We
intend to use the executive summaries
as the basis of the comment summaries
at 2. Commerce previously determined that
Universal is a single entity consisting of the
following three producers/exporters of subject
merchandise: Universal Tube and Plastic Industries,
Ltd.; KHK Scaffolding and Formwork LLC; and
Universal Tube and Pipe Industries LLC. See
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. Additionally, we previously
determined that THL Tube and Pipe Industries LLC
is the successor-in-interest to Universal Tube and
Pipe Industries LLC. 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).
5 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review,’’ dated August 3, 2023.
6 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of Antidumping Duty
Administrative Review; 2021–2022: Circular
Welded Carbon-Quality Steel Pipe from the United
Arab Emirates,’’ dated concurrently with, and
hereby adopted by, this notice (Preliminary
Decision Memorandum).
7 For more information regarding the calculation
of this margin, see Memorandum, ‘‘Calculation of
the Weighted-Average Dumping Margin for NonSelected Companies for the Preliminary Results,’’
dated concurrently with this notice. As the
weighting factor, we relied on the publicly ranged
sales data reported in the quantity and value charts
submitted by Conares and Universal.
8 See 19 CFR 351.224(b).
9 See 19 CFR 351.309(c)(1)(ii).
10 See 19 CFR 351.309(d); see also Administrative
Protective Order, Service, and Other Procedures in
Antidumping and Countervailing Duty Proceedings,
88 FR 67069, 67077 (September 29, 2023) (APO and
Final Service Rule).
11 See 19 351.309(c)(2) and (d)(2).
12 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
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ddrumheller on DSK120RN23PROD with NOTICES1
included in the issues and decision
memorandum that will accompany the
final determination in this investigation.
We request that interested parties
include footnotes for relevant citations
in the executive summary of each issue.
Note that Commerce has amended
certain of its requirements pertaining to
the service of documents in 19 CFR
351.303(f).13
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. Hearing requests should
contain: (1) the party’s name, address,
and telephone number; (2) the number
of participants; and (3) a list of issues to
be discussed. Oral presentations at the
hearing will be limited to issues raised
in the briefs. An electronically filed
hearing request must be received
successfully in its entirety by
Commerce’s electronic records system,
ACCESS, by 5 p.m. eastern time within
30 days after the date of publication of
this notice. If a request for a hearing is
made, Commerce intends to hold the
hearing at a time and date to be
determined. Parties should confirm by
telephone the date, time, and location of
the hearing two days before the
scheduled date.
Assessment Rates
Upon completion of the final results
of this administrative review, Commerce
shall determine, and U.S. Customs and
Border Protection (CBP) shall assess,
antidumping duties on all appropriate
entries of subject merchandise covered
by this review.
If a respondent’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
intend to calculate an importer-specific
assessment rate based on the ratio of the
total amount of dumping calculated for
each importer’s examined sales to the
total entered value of those same sales
in accordance with 19 CFR
351.212(b)(1).14 If the respondent has
not reported entered values, we will
calculate a per-unit assessment rate for
each importer by dividing the total
amount of dumping calculated for the
examined sales made to that importer by
the total quantity associated with those
sales. To determine whether an
importer-specific, per-unit assessment
rate is de minimis, in accordance with
13 See
APO and Final Service Rule.
Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8103
(February 14, 2012).
14 See
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16:46 Jan 05, 2024
Jkt 262001
19 CFR 351.106(c)(2), we also will
calculate an importer-specific ad
valorem ratio based on estimated
entered values. If either of the
respondents’ weighted average dumping
margin or an importer-specific
assessment rate is zero or de minimis in
the final results of review, we intend to
instruct CBP to liquidate appropriate
entries without regard to antidumping
duties.15
For entries of subject merchandise
during the POR produced by each
individually examined respondent for
which the producer did not know that
the merchandise was destined for the
United States, we will instruct CBP to
liquidate unreviewed entries at the allothers rate (5.95 percent) if there is no
rate for the intermediate company(ies)
involved in the transaction.16
For the companies identified above
that were not selected for individual
examination, we will instruct CBP to
liquidate entries at the rate established
after the completion of the final results
of this review.
The final results of this administrative
review shall be the basis for the
assessment of antidumping duties on
entries of merchandise covered by this
review and for future deposits of
estimated duties, where applicable.17
Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the date of
publication of the final results of this
review in the Federal Register. If a
timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
Cash Deposit Requirements
The following 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
15 Id., 77 FR at 8102–03; see also 19 CFR
351.106(c)(2).
16 See Order; see also Antidumping and
Countervailing Duty Proceedings: Assessment of
Antidumping Duties, 68 FR 23954 (May 6, 2003).
17 See section 751(a)(2)(C) of the Act.
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901
deposit rate will be zero; (2) for
merchandise exported by companies not
covered in this review but covered in a
prior segment of this proceeding, the
cash deposit rate will continue to be the
company-specific rate published in the
completed segment for the most recent
period; (3) if the exporter is not a firm
covered in this review, a prior review,
or the original less-than-fair-value
(LTFV) investigation, but the producer
is, then the cash deposit rate will be the
rate established in the completed
segment for the most recent period 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.18
These cash deposit requirements, when
imposed, shall remain in effect until
further notice.
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 interested
parties in the written comments, within
120 days after the date of publication of
these preliminary results in the Federal
Register.19
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f) to file a certificate regarding
the reimbursement of antidumping
duties prior to liquidation of the
relevant entries during this review
period. Failure to comply with this
requirement could result in Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of doubled
antidumping duties.
Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(4).
Dated: December 29, 2023.
Abdelali Elouaradia,
Deputy 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
18 See
Order.
section 751(a)(3)(A) of the Act; and 19 CFR
351.213(h).
19 See
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IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2024–00083 Filed 1–5–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–831]
Stainless Steel Sheet and Strip in Coils
From Taiwan: Final Results of
Antidumping Duty Administrative
Review and Final Determination of No
Shipments; 2021–2022
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 less than normal
value during the period of review (POR),
July 1, 2021, through June 30, 2022.
Additionally, Commerce determines
that four companies for which we
initiated a review had no shipments
during the POR.
DATES: Applicable January 8, 2024.
FOR FURTHER INFORMATION CONTACT:
Rebecca Janz, 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) 482–2972.
SUPPLEMENTARY INFORMATION:
AGENCY:
ddrumheller on DSK120RN23PROD with NOTICES1
Background
On April 6, 2023, Commerce
published in the Federal Register the
Preliminary Results of the 2021–2022
administrative review 1 of the
antidumping duty order on Stainless
Steel Sheet and Strip in Coils from
Taiwan.2 In May 2023, domestic
interested parties 3 and CME
Acquisitions (CME), an importer of the
subject merchandise, submitted case
and rebuttal briefs.4 On December 12,
1 See Stainless Steel Sheet and Strip in Coils from
Taiwan: Preliminary Results of Antidumping Duty
Administrative Review; 2020–2021, 88 FR 20481
(April 6, 2023) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
2 See Notice of Antidumping Duty Order;
Stainless Steel Sheet and Strip in Coils from United
Kingdom, Taiwan, and South Korea, 64 FR 40555
(July 27, 1999) (Order).
3 The domestic interested parties are Outokumpu
Stainless USA, LLC and North American Stainless
(hereinafter, domestic interested parties).
4 See Domestic Interested Parties’ Letter, ‘‘Case
Brief Submitted on Behalf of Domestic Interested
Parties,’’ dated May 8, 2023; See CME’s Letter,
‘‘CME Reply Brief in Support of Commerce’s
Preliminary Results,’’ dated May 15, 2023.
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2023, Commerce extended the time
period for issuing the final results of
this review until December 29, 2023.5
For a complete description of the events
that occurred since the Preliminary
Results, see the Issues and Decision
Memorandum.6 Commerce conducted
this administrative review in
accordance with section 751 of the
Tariff Act of 1930, as amended (the Act).
This review covers 61 producers and/
or exporters of the subject merchandise.
Commerce selected two companies,
Lien Kuo Metal Industries Co., Ltd.
(Lien Kuo) and S More Steel Materials
Co., Ltd. (S More) for individual
examination.7 Four companies, Yieh
Mau Corporation (Yieh Mau), Yuen
Chang Stainless Steel Co., Ltd. (Yuen
Chang), and Yieh Phui Enterprise Co.,
Ltd. (Yieh Phui), and Yieh United Steel
Corporation (YUSCO) reported having
no shipments during the POR, see
‘‘Determination of No Shipments’’
section below. The remaining producers
and/or exporters not selected for
individual examination are listed in the
‘‘Final Results of the Review’’ section of
this notice.
Scope of the Order
The merchandise subject to the Order
is certain stainless steel sheet and strip
in coils from Taiwan. A complete
description of the scope of the Order is
contained in the Issues and Decision
Memorandum.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs filed by parties in this
administrative review are addressed in
the Issues and Decision Memorandum
and are listed in the appendix to this
notice. 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
5 See Memorandum, ‘‘Fourth Extension of
Deadline for Final Results of Antidumping Duty
Administrative Review,’’ dated December 12, 2023;
see also Memorandum, ‘‘Extension of Deadline for
Final Results of Antidumping Duty Administrative
Review,’’ dated July 27, 2023; and Memorandum,
‘‘Second Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,’’ dated
October 26, 2023; and Memorandum, ‘‘Third
Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,’’ dated
November 29, 2023.
6 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the 2020–
2021 Administrative Review of the Antidumping
Duty Order on Stainless Steel Sheet and Strip in
Coils from Taiwan,’’ dated concurrently with, and
hereby adopted by, this notice (Issues and Decision
Memorandum).
7 See Memorandum, ‘‘Respondent Selection,’’
dated October 7, 2022.
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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.
Final Determination of No Shipments
In the Preliminary Results, Commerce
preliminarily determined that Yieh Mau
Corporation (Yieh Mau), Yieh Phui
Enterprise Co., Ltd. (Yieh Phui), Yuen
Chang Stainless Steel Co., Ltd. (Yuen
Chang), and Yieh United Steel
Corporation (YUSCO) made no
shipments of subject merchandise into
the United States during the POR.8 We
received no comments from interested
parties regarding our preliminary
determination and do not have any
information on the record to contradict
this determination. Therefore, we
continue to find that Yieh Mau, Yieh
Phui, Yuen Chang, and YUSCO made no
shipments of subject merchandise
during the POR. Accordingly, consistent
with Commerce’s practice, we intend to
instruct U.S. Customs and Border
Protection (CBP) to liquidate any
existing entries of subject merchandise
produced by Yieh Mau, Yieh Phui,
Yuen Chang, or YUSCO, but exported
by other parties, at the rate for the
intermediate reseller, if available, or at
the all-others rate.9
Changes Since the Preliminary Results
Based on a review of the record and
comments received from interested
parties regarding the Preliminary
Results, we revised the weighted
average margin assigned to the
respondents not selected for individual
examination.10 For detailed
information, see the Issues and Decision
Memorandum.
Rate for Non-Selected Respondents
For the rate assigned to companies not
selected for individual examination in
an administrative review, generally,
Commerce looks to section 735(c)(5) of
the Act which provides instructions for
calculating the all-others rate in an
investigation. 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
8 See
Preliminary Results, 88 FR at 20482.
e.g., Magnesium Metal from the Russian
Federation: Preliminary Results of Antidumping
Duty Administrative Review, 75 FR 26922, 26923
(May 13, 2010), unchanged in Magnesium Metal
from the Russian Federation: Final Results of
Antidumping Duty Administrative Review, 75 FR
56989 (September 17, 2010).
10 See Issues and Decision Memorandum at
Comment 2.
9 See,
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[Federal Register Volume 89, Number 5 (Monday, January 8, 2024)]
[Notices]
[Pages 899-902]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00083]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-520-807]
Circular Welded Carbon-Quality Steel Pipe From the United Arab
Emirates: Preliminary Results of Antidumping Duty Administrative
Review; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that producers/exporters of circular welded carbon-quality
steel pipe (CWP) from the United Arab Emirates (UAE) subject to this
administrative review made sales of subject merchandise at less than
normal value (NV) during the period of review (POR), December 1, 2021,
through November 30, 2022. We invite interested parties to comment on
these preliminary results.
DATES: Applicable January 8, 2024.
FOR FURTHER INFORMATION CONTACT: Rebecca Janz or Sofia Pedrelli, 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) 482-2972 or (202) 482-4301,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 19, 2016, Commerce published in the Federal Register
the antidumping duty order on CWP from the UAE.\1\ On December 1, 2022,
Commerce published in the Federal Register a notice of opportunity to
request an administrative review of the Order.\2\ On February 2, 2023,
based on timely requests for review, in accordance with 19 CFR
351.221(c)(1)(i), we initiated an administrative review of the Order
with respect to seven companies.\3\ On March 14, 2023, Commerce
selected Conares Metal Supply Limited (Conares) and Universal Tube and
Plastic Industries, Ltd./THL Tube and Pipe Industries LLC/KHK
Scaffolding and Formwork LLC (collectively, Universal) for individual
examination as mandatory respondents in this administrative review.\4\
On April
[[Page 900]]
3, 2023, Commerce extended the preliminary results of this review until
December 29, 2023.\5\
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\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\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review and Join Annual Inquiry Service List, 87 FR 73752, (December
1, 2022).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 7060 (February 2, 2023).
\4\ See Memorandum, ``Selection of Respondents for Individual
Examination,'' dated March 14, 2023, at 2. Commerce previously
determined that Universal is a single entity consisting of the
following three producers/exporters of subject merchandise:
Universal Tube and Plastic Industries, Ltd.; KHK Scaffolding and
Formwork LLC; and Universal Tube and Pipe Industries LLC. See
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. Additionally, we previously determined that THL Tube and
Pipe Industries LLC is the successor-in-interest to Universal Tube
and Pipe Industries LLC. 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).
\5\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated August 3,
2023.
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Scope of the Order
The products covered by the Order are CWP from the UAE. A full
description of the scope of Order is contained in the Preliminary
Decision Memorandum.\6\
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\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative Review; 2021-2022:
Circular Welded Carbon-Quality Steel Pipe from the United Arab
Emirates,'' dated concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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Methodology
Commerce is conducting this review in accordance with sections
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act).
Export price and constructed export price are calculated in accordance
with section 772 of the Act. 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
an appendix to this notice. The Preliminary Decision Memorandum is a
public document and is made available to the public 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 is available at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Rate for Non-Examined Companies
The Act and Commerce's regulations do not address the establishment
of a rate to be applied to companies not selected for examination when
Commerce limits its examination in an administrative review pursuant to
section 777A(c)(2) of the Act. Generally, Commerce looks to section
735(c)(5) of the Act, which provides instructions for calculating the
all-others rate in a market economy investigation, for guidance when
calculating the rate for companies 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 or de minimis margins, and any margins
determined entirely on the basis of facts available. In this
administrative review, we preliminarily calculated weighted-average
dumping margins for the mandatory respondents, Conares and Universal,
that are not zero, de minimis, or based entirely on total facts
available. Accordingly, Commerce is preliminarily assigning to the
companies not individually examined, listed in the chart below, a
margin of 1.06 percent which is the weighted-average of Conares' and
Universal's calculated weighted-average dumping margins.\7\
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\7\ For more information regarding the calculation of this
margin, see Memorandum, ``Calculation of the Weighted-Average
Dumping Margin for Non-Selected Companies for the Preliminary
Results,'' dated concurrently with this notice. As the weighting
factor, we relied on the publicly ranged sales data reported in the
quantity and value charts submitted by Conares and Universal.
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Preliminary Results of Review
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist for the period December 1, 2021,
through November 30, 2022:
------------------------------------------------------------------------
Weighted-average
Exporter/producer dumping margin
(percent)
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Conares Metal Supply Limited........................ 0.96
Universal Tube and Plastic Industries, Ltd; THL Tube 1.09
and Pipe Industries LLC; KHK Scaffolding and
Framework LLC......................................
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Review-Specific Average Rate Applicable to the Following Companies
------------------------------------------------------------------------
Ajmal Steel Tubes & Pipes Ind., L.L.C............... 1.06
K.D. Industries Inc................................. 1.06
TSI Metal Industries L.L.C.......................... 1.06
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Disclosure and Public Comment
We intend to disclose the calculations performed to parties within
five days after public announcement of the preliminary results.\8\
Interested parties may submit case briefs or other written comments to
Commerce no later than 30 days after the date of publication of this
notice.\9\ Rebuttal briefs, limited to issues raised in the case
briefs, may be filed not later than five days after the date for filing
case briefs.\10\ Interested parties who submit case briefs or rebuttal
briefs in this proceeding must submit: (1) a table of contents listing
each issue; and (2) a table of authorities.\11\
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\8\ See 19 CFR 351.224(b).
\9\ See 19 CFR 351.309(c)(1)(ii).
\10\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Final Service Rule).
\11\ See 19 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this administrative review, we instead
request that interested parties provide at the beginning of their
briefs a public, executive summary for each issue raised in their
briefs.\12\ Further, we request that interested parties limit their
executive summary of each issue to no more than 450 words, not
including citations. We intend to use the executive summaries as the
basis of the comment summaries
[[Page 901]]
included in the issues and decision memorandum that will accompany the
final determination in this investigation. We request that interested
parties include footnotes for relevant citations in the executive
summary of each issue. Note that Commerce has amended certain of its
requirements pertaining to the service of documents in 19 CFR
351.303(f).\13\
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\12\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\13\ See APO and Final Service Rule.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. Hearing requests should contain: (1) the party's name, address,
and telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. Oral presentations at the hearing will be
limited to issues raised in the briefs. An electronically filed hearing
request must be received successfully in its entirety by Commerce's
electronic records system, ACCESS, by 5 p.m. eastern time within 30
days after the date of publication of this notice. If a request for a
hearing is made, Commerce intends to hold the hearing at a time and
date to be determined. Parties should confirm by telephone the date,
time, and location of the hearing two days before the scheduled date.
Assessment Rates
Upon completion of the final results of this administrative review,
Commerce shall determine, and U.S. Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries of subject
merchandise covered by this review.
If a respondent'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 intend to calculate an importer-specific assessment rate
based on the ratio of the total amount of dumping calculated for each
importer's examined sales to the total entered value of those same
sales in accordance with 19 CFR 351.212(b)(1).\14\ If the respondent
has not reported entered values, we will calculate a per-unit
assessment rate for each importer by dividing the total amount of
dumping calculated for the examined sales made to that importer by the
total quantity associated with those sales. 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.
If either of the respondents' weighted average dumping margin or an
importer-specific assessment rate is zero or de minimis in the final
results of review, we intend to instruct CBP to liquidate appropriate
entries without regard to antidumping duties.\15\
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\14\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8103 (February 14,
2012).
\15\ Id., 77 FR at 8102-03; see also 19 CFR 351.106(c)(2).
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For entries of subject merchandise during the POR produced by each
individually examined respondent for which the producer did not know
that the merchandise was destined for the United States, we will
instruct CBP to liquidate unreviewed entries at the all-others rate
(5.95 percent) if there is no rate for the intermediate company(ies)
involved in the transaction.\16\
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\16\ See Order; see also Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6,
2003).
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For the companies identified above that were not selected for
individual examination, we will instruct CBP to liquidate entries at
the rate established after the completion of the final results of this
review.
The final results of this administrative review shall be the basis
for the assessment of antidumping duties on entries of merchandise
covered by this review and for future deposits of estimated duties,
where applicable.\17\
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\17\ See section 751(a)(2)(C) of the Act.
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Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the final results of this
review in the Federal Register. If a timely summons is filed at the
U.S. Court of International Trade, the assessment instructions will
direct CBP not to liquidate relevant entries until the time for parties
to file a request for a statutory injunction has expired (i.e., within
90 days of publication).
Cash Deposit Requirements
The following 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 merchandise exported by companies not covered in this review
but covered in a prior segment of this proceeding, the cash deposit
rate will continue to be the company-specific rate published in the
completed segment for the most recent period; (3) if the exporter is
not a firm covered in this review, a prior review, or the original
less-than-fair-value (LTFV) investigation, but the producer is, then
the cash deposit rate will be the rate established in the completed
segment for the most recent period 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.\18\ These cash deposit requirements, when imposed,
shall remain in effect until further notice.
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\18\ 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 interested parties in the
written comments, within 120 days after the date of publication of
these preliminary results in the Federal Register.\19\
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\19\ See section 751(a)(3)(A) of the Act; and 19 CFR 351.213(h).
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Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).
Dated: December 29, 2023.
Abdelali Elouaradia,
Deputy 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
[[Page 902]]
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2024-00083 Filed 1-5-24; 8:45 am]
BILLING CODE 3510-DS-P
