Large Diameter Welded Pipe From Canada: Preliminary Results and Rescission, in Part, of Antidumping Duty Administrative Review; 2022-2023, 44635-44638 [2024-11126]

Download as PDF Federal Register / Vol. 89, No. 99 / Tuesday, May 21, 2024 / Notices ddrumheller on DSK120RN23PROD with NOTICES1 Commerce assists travel industry enterprises to increase international travel and passenger fare exports and imports for the country as well as travel on U.S. and foreign carriers. The Survey program provides the only available estimates of nonresident visitation to the states and cities within the United States, as well as U.S. resident travel abroad. A revised (major) survey instrument (questionnaire) (English version plus its translations into eleven foreign languages) was implemented in 2012. It reflects input from over 70 respondents, including: Travel Industry (airlines, travel associations, destinations, lodging); Consultants; Financial Firms; Educational Institutions; and other U.S. Government Agencies. A minor (‘nonsubstantive’) change was implemented in 2016 to better reflect the visitor’s entry experience into the United States. This was requested by the United States Travel and Tourism Advisory Board to measure compliance with U.S. National Goals. The 2012 and 2016 revised Survey questionnaire reflect changes in various questions relating to: trip purpose; payment methods; booking/information sources; additional package components, health care/vaccinations, travel insurance information, additional transportation utilized, assessment of the visitor’s entry and overall experience; and intentions for further travel to the United States; and ethnicity/race. Several questions from the pre-existing 1996 questionnaire were eliminated to further streamline the survey. Changes envisioned are: (1) enhanced testing of the QR code/Mobile phone approach to leverage international airlines’ growing capability of offering international Wi-Fi to its on-board passengers; (2) further evaluation of a ‘short form’ version of the paper questionnaire (23 of the existing 33 questions) to reduce burden and improve passenger response rates when time is limited in the boarding area or in markets that tend to be less responsive; (3) evaluation of ‘incentives’ that could be utilized to encourage an increased number of passenger responses. (4) Recommendations from the United States. Travel & Tourism Advisory Board (TTAB). II. Method of Collection The survey instrument/questionnaire (‘Survey of International Air Travelers’, a/k/a SIAT) continues to be in paper format and is self-administered by the passenger who volunteers to take the survey, either while in the departure gate area or on-board the flight. The VerDate Sep<11>2014 18:13 May 20, 2024 Jkt 262001 flights are randomly selected, and this approach is described as ‘cluster sampling.’ The majority (95%) of the passenger surveys are collected in U.S. airport departure gate areas. About 5% of all the passenger surveys are collected during flight (on-board) post departure (Canada-air has been included as part of the program in 2020). U.S. and foreign flag airlines that volunteer to participate in the Survey program enable the collection in U.S. departure gate areas and on-board flights. NTTO is planning to change the format to electronic/digital or to an equally statistically valid process once compelling results have been attained. To date there have been five ‘e-Survey’ tests: The first test was in partnership with Global Distribution Systems (GDS); the second and third tests were with major airlines in their respective boarding areas to leverage passenger’s personal electronic devices (PED) and Wi-Fi capabilities in the airports and on-board certain flights; the fourth test used ‘tablet’ devices to capture passenger responses in the airport gate area at a major gateway airport; and the fifth test again tested passenger PEDs (mobile phone) through use of a ‘QR’ code since there have been improvements in Wi-Fi capabilities. The latter approach (QR/Mobile) was used to a limited degree during the 2020–2021 Pandemic period with negligible results due more to passenger reluctance to physical contact rather than adverse reaction to the collection method. Other tests are planned in the foreseeable future based on recommendations from the United States Travel and Tourism Advisory Board (TTAB). III. Data OMB Control Number: 0625–0227. Form Number(s): None. Type of Review: Regular submission, Extension of current information collection. Affected Public: Individuals or households. Estimated Number of Respondents: 300,000 due to mandate of the U.S. Travel Promotion Act of 2009 which requires ‘one percent’ sample of overseas arrivals. Estimated Time per Response: 15 minutes. Estimated Total Annual Burden Hours: 75,000. Estimated Total Annual Cost to Public: $0.00. Respondent’s Obligation: Voluntary. Legal Authority: Public Law 111–145. IV. Request for Comments We are soliciting public comments to permit the Department/Bureau to: (a) PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 44635 Evaluate whether the proposed information collection is necessary for the proper functions of the Department, including whether the information will have practical utility; (b) Evaluate the accuracy of our estimate of the time and cost burden for this proposed collection, including the validity of the methodology and assumptions used; (c) Evaluate ways to enhance the quality, utility, and clarity of the information to be collected; and (d) Minimize the reporting burden on those who are to respond, including the use of automated collection techniques or other forms of information technology. Comments that you submit in response to this notice are a matter of public record. We will include or summarize each comment in our request to OMB to approve this Information Collection Request (ICR). Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you may ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Sheleen Dumas, Department PRA Clearance Officer, Office of the Under Secretary for Economic Affairs, Commerce Department. [FR Doc. 2024–11081 Filed 5–20–24; 8:45 am] BILLING CODE 3510–DR–P DEPARTMENT OF COMMERCE International Trade Administration [A–122–863] Large Diameter Welded Pipe From Canada: Preliminary Results and Rescission, in Part, of Antidumping Duty Administrative Review; 2022– 2023 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds that large diameter welded pipe (LDWP) from Canada was sold in the United States at less than normal value (NV) during the period of review (POR) of May 1, 2022, through April 30, 2023. Additionally, Commerce is rescinding this administrative review, in part, with respect to certain companies that had no entries of subject merchandise during AGENCY: E:\FR\FM\21MYN1.SGM 21MYN1 44636 Federal Register / Vol. 89, No. 99 / Tuesday, May 21, 2024 / Notices the POR. We invite interested parties to comment on these preliminary results. DATES: Applicable May 21, 2024. FOR FURTHER INFORMATION CONTACT: Caroline Carroll, AD/CVD Operations, Office IX, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4948. SUPPLEMENTARY INFORMATION: Background On May 2, 2019, Commerce published in the Federal Register the antidumping duty order on LDWP from Canada.1 On May 2, 2023, Commerce published in the Federal Register a notice of opportunity to request an administrative review of the Order.2 On July 12, 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 covering 40 exporters and/or producers.3 We selected Pipe & Piling as the sole mandatory respondent in this administrative review.4 Commerce extended the time limit for completing the preliminary results of this review until May 10, 2024.5 Scope of the Order The product subject to the Order is LDWP from Canada. A complete description of the scope of the Order is contained in the Preliminary Decision Memorandum.6 ddrumheller on DSK120RN23PROD with NOTICES1 Methodology Commerce is conducting this review in accordance with sections 751(a)(1)(B) and (2) of the Tariff Act of 1930, as 1 See Large Diameter Welded Pipe from Canada: Antidumping Duty Order, 84 FR 18775 (May 2, 2019) (Order). 2 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review and Join Annual Inquiry Service List, 88 FR 27445 (May 2, 2023). 3 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 88 FR 44262 (July 12, 2023); see also Initiation of Antidumping and Countervailing Duty Administrative Reviews, 88 FR 62322 (September 11, 2023) (Initiation Notice) (correcting the spelling of the name of one company under review). We note that Commerce initiated reviews on two name variations for Pipe & Piling Supplies Ltd. (Pipe & Piling): Pipe & Piling Sply Ltd.; and Pipe & Piling Supplies. 4 See Commerce’s Letter, ‘‘Respondent Selection,’’ dated August 7, 2023. 5 See Memorandum, ‘‘Extension of Deadline for Preliminary Results of 2022–2023 Antidumping Duty Administrative Review,’’ dated January 11, 2024. 6 See Memorandum, ‘‘Decision Memorandum for the Preliminary Results of the Administrative Review of the Antidumping Duty Order of Large Diameter Welded Pipe from Canada; 2022–2023,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). VerDate Sep<11>2014 18:13 May 20, 2024 Jkt 262001 amended (the Act). Pursuant to sections 776(a) and (b) of the Act, Commerce preliminarily relied entirely upon facts otherwise available with adverse inferences for Pipe & Piling. For a complete description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. A list of topics discussed in the Preliminary Decision Memorandum is attached in Appendix I of this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade. gov. In addition, a complete version of the Preliminary Decision Memorandum is available at https://access.trade.gov/ public/FRNoticesListLayout.aspx. Pursuant to 19 CFR 351.213(d)(3), it is Commerce’s practice to rescind an administrative review of an antidumping duty order when there are no reviewable entries of subject merchandise during the POR for which liquidation is suspended.7 Normally, upon completion of an administrative review, the suspended entries are liquidated at the antidumping duty assessment rate calculated for the review period.8 Therefore, for an administrative review to be conducted, there must be at least one reviewable, suspended entry that Commerce can instruct U.S. Customs and Border Protection (CBP) to liquidate at the antidumping duty assessment rate calculated for the review period.9 Because there were no entries in the CBP data for the 38 companies listed in Appendix II, on December 21, 2023, Commerce notified all interested parties of its intent to rescind this review, in part, with respect to these companies and received no comments.10 Accordingly, Commerce is rescinding this review, in part, with respect to these 38 companies. 7 See, e.g., Dioctyl Terephthalate from the Republic of Korea: Rescission of Antidumping Administrative Review; 2021–2022, 88 FR 24758 (April 24, 2023); see also Certain Carbon and Alloy Steel Cut- to Length Plate from the Federal Republic of Germany: Recission of Antidumping Administrative Review; 2020–2021, 88 FR 4157 (January 24, 2023). 8 See 19 CFR 351.212(b)(1). 9 See 19 CFR 351.213(d)(3). 10 See Memorandum, ‘‘Notice of Intent to Rescind Review, in Part,’’ dated December 21, 2023. Frm 00012 Fmt 4703 Sfmt 4703 Preliminary Results of Review Commerce preliminarily determines that the following estimated weightedaverage dumping margin exists for the period May 1, 2022, through April 30, 2023: Producer and/or exporter Rescission of Review, in Part PO 00000 Preliminary Affiliation and Collapsing Determination Based on record evidence in this review, Commerce preliminarily finds that the following companies are affiliated, pursuant to section 771(33)(F) of the Act: Pipe & Piling; 1045761 Ontario Ltd. (Operated as Canadian Phoenix Steel Products) (Phoenix); and Spiralco Inc. (Spiralco). Furthermore, pursuant to 19 CFR 351.401(f)(1)–(2), we find that Pipe & Piling Supplies Ltd., Phoenix, and Spiralco should be collapsed and treated as a single entity (collectively, Pipe & Piling).11 Pipe & Piling Supplies Ltd.; 1045761 Ontario Ltd.; Spiralco Inc ....................... Weightedaverage dumping margin (percent) 50.89 Disclosure Normally, Commerce discloses to interested parties the calculations performed in connection with the preliminary results within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of the notice of preliminary results in the Federal Register, in accordance with 19 CFR 351.224(b). However, because Commerce preliminarily applied total adverse facts available to the sole mandatory respondent, in accordance with section 776 of the Act, there are no calculations to disclose. Public Comment Pursuant to 19 CFR 351.309(c), interested parties may submit case briefs to Commerce no later than 30 days after the date of publication of this notice.12 Rebuttal briefs, limited to issues raised in the case briefs, may be filed no later than five days after the date for filing case briefs.13 Interested parties who 11 See Memorandum, ‘‘Preliminary Affiliation and Collapsing Memorandum,’’ dated December 8, 2023 (Affiliation and Collapsing Memorandum), for further discussion. 12 See 19 CFR 351.303 (for general filing requirements). 13 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 Service Final Rule). E:\FR\FM\21MYN1.SGM 21MYN1 Federal Register / Vol. 89, No. 99 / Tuesday, May 21, 2024 / Notices 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.14 All briefs must be filed electronically using ACCESS. An electronically filed document must be received successfully in its entirety in ACCESS by 5:00 p.m. Eastern Time on the established deadline. 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 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.15 Further, we request that interested parties limit their public executive summary of each issue to no more than 450 words, not including citations. We intend to use the public executive summaries as the basis of the comment summaries included in the issues and decision memorandum that will accompany the final determination in this review. We request that interested parties include footnotes for relevant citations in the public 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).16 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, by 5 p.m. Eastern time, 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; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case briefs. If a request for a hearing is made, Commerce will inform interested parties of the scheduled date for the hearing.17 ddrumheller on DSK120RN23PROD with NOTICES1 Assessment Rates Upon completion of the final results, Commerce shall determine and CBP shall assess, antidumping duties on all appropriate entries covered by this review.18 14 See 19 CFR 351.309(c)(2) and (d)(2). use the term ‘‘issue’’ here to describe an argument that Commerce would normally address in a comment of the Issues and Decision Memorandum. 16 See APO and Service Final Rule. 17 See 19 CFR 351.310(d). 18 See 19 CFR 351.212(b)(1). 15 We VerDate Sep<11>2014 18:13 May 20, 2024 Jkt 262001 With respect to the companies for which are rescinding this review, Commerce intends to instruct CBP to assess antidumping duties on all appropriate entries at rates equal to the cash deposit rate of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, during the POR, in accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue assessment instructions to CBP no earlier than 41 days after the date of publication of the final results of this review in the Federal Register, in accordance with 19 CFR 356.8(a). 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 subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication in the Federal Register of the notice of final results of administrative review, as provided by section 751(a)(2)(C) of the Act: (1) the cash deposit rate for Pipe & Piling will be equal to the weighted-average dumping margin established in the final results of this review; (2) for merchandise exported by a company not covered in this review but covered in a prior segment of the proceeding, the cash deposit rate will continue to be the company-specific rate published for the most recently completed segment in which they were reviewed; (3) if the exporter is not a firm covered in this review or another completed segment of this proceeding, but the producer is, then the cash deposit rate will be the company-specific rate established for 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 12.32 percent, the all-others rate established in the final determination of the less-than-fair value investigation.19 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 19 See PO 00000 Order, 85 FR at 18776. Frm 00013 Fmt 4703 Sfmt 4703 44637 analysis of the issues raised by interested parties in written briefs, within 120 days after the date of publication of this notice 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 double antidumping duties. Notification to Interested Parties We are issuing and publishing these preliminary results in accordance with sections 751(a)(1)(B) and 777(i)(1) of the Act, and 19 CFR 351.213(h) and 351.221(b)(4). Dated: May 10, 2024. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the 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. Application of Facts Available and Use of Adverse Inference V. Recommendation Appendix II—Companies for Which Commerce Is Rescinding the Review 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. Canadian National Steel Corporation (CNSC); Evraz Inc. NA Canada (EICA); Evraz Inc. NA 8. Canam (St Gedeon) 9. Cappco Tubular Products Canada Inc. 10. CFI Metal Inc. 11. Dominion Pipe & Piling 12. Enduro Canada Pipeline Services 13. Fi Oilfield Services Canada 14. Forterra 15. Gchem Ltd. 16. Graham Construction 17. Groupe Fordia Inc. 18. Grupo Fordia Inc. 19. Hodgson Custom Rolling 20. Hyprescon Inc. 21. Interpipe Inc. 22. K K Recycling Services 23. Kobelt Manufacturing Co. E:\FR\FM\21MYN1.SGM 21MYN1 44638 Federal Register / Vol. 89, No. 99 / Tuesday, May 21, 2024 / Notices 24. Labrie Environment 25. Les Aciers Sofatec 26. Lorenz Conveying P. 27. Lorenz Conveying Products 28. Matrix Manufacturing 29. MBI Produits De Forge 30. Nor Arc 31. Peak Drilling Ltd. 32. Pipe Protecction 33. Prudental 34. Prudential 35. Shaw Pipe Protection 36. Tenaris Algoma Tubes Facility 37. Tenaris Prudential 38. Welded Tube of Can Ltd. rate assigned to Garware Polyester in the AD order on PET film from India,2 and provided all interested parties with an opportunity to comment.3 No interested party submitted comments on the Preliminary Results. Accordingly, the final results remain unchanged from the Preliminary Results. [FR Doc. 2024–11126 Filed 5–20–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–533–824] Polyethylene Terephthalate Film, Sheet, and Strip From India: Final Results of Antidumping Duty Changed Circumstances Review Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On February 26, 2024, the U.S. Department of Commerce (Commerce) published the preliminary results of the changed circumstances review (CCR) of the antidumping duty (AD) order on polyethylene terephthalate film, sheet, and strip (PET film) from India. For these final results, Commerce continues to find that Garware Hi-Tech Films Limited (Garware Hi-Tech) is the successor-ininterest to Garware Polyester Limited (Garware Polyester). DATES: Applicable May 21, 2024. FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith, 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) 482–5255. SUPPLEMENTARY INFORMATION: AGENCY: ddrumheller on DSK120RN23PROD with NOTICES1 Background On August 22, 2023, Commerce published the notice of initiation of the requested CCR.1 On February 26, 2024, Commerce published the preliminary results of this CCR, determining that Garware Hi-Tech is the successor-ininterest to Garware Polyester and should be assigned the same AD cash deposit 1 See Polyethylene Terephthalate Film, Sheet, and Strip from India: Initiation of Antidumping Duty Changed Circumstances Review; Garware, 88 FR 57090 (August 22, 2023). VerDate Sep<11>2014 18:13 May 20, 2024 Jkt 262001 Scope of the Order The products covered by the order are all gauges of raw, pretreated, or primed PET film, whether extruded or coextruded. Excluded are metallized films and other finished films that have had at least one of their surfaces modified by the application of a performance-enhancing resinous or inorganic layer of more than 0.00001 inches thick. Imports of PET film are currently classifiable in the Harmonized Tariff Schedule of the United States (HTSUS) under item number 3920.62.00.90. HTSUS subheadings are provided for convenience and customs purposes. The written description of the scope of this order is dispositive. Final Results of CCR For the reasons stated in the Preliminary Results, and because we received no comments from interested parties challenging our preliminary finding, Commerce continues to find that Garware Hi-Tech is the successorin-interest to Garware Polyester. As a result of this determination and consistent with our established practice, we find that Garware Hi-Tech should receive the AD cash deposit rate currently assigned to Garware Polyester with respect to entries of subject merchandise in the above-noted proceeding.4 Because there are no changes from the Preliminary Results, there is no decision memorandum accompanying this notice and we are adopting the Preliminary Results as the final results of this CCR. Consequently, Commerce will instruct U.S. Customs and Border Protection to suspend liquidation of all shipments of subject merchandise produced and/or exported by Garware Hi-Tech and entered, or withdrawn from warehouse, for consumption on or after the publication date of this notice in the Federal Register at 4.45 percent, which 2 See Notice of Amended Final Antidumping Duty Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Polyethylene Terephthalate Film, Sheet, and Strip from India, 67 FR 44175 (July 1, 2002) (Order). 3 See Antidumping Duty Order on Polyethylene Terephthalate Film, Sheet, and Strip from India: Preliminary Results of Changed Circumstances Review, 89 FR 14053 (February 26, 2024) (Preliminary Results), and accompanying Preliminary Decision Memorandum. 4 Id. PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 is the current AD cash deposit rate for Garware Polyester.5 This cash deposit requirement shall remain in effect until further notice. 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). 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 terms of an APO is a sanctionable violation. Notification to Interested Parties We are issuing this determination and publishing these final results and notice in accordance with sections 751(b)(1) and 777(i)(1) and (2) of the Tariff Act of 1930, as amended, and 19 CFR 351.216(e), 351.221(b), and 351.221(c)(3). Dated: May 15, 2024. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. [FR Doc. 2024–11132 Filed 5–20–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Institute of Standards and Technology Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Organization of Scientific Area Committees (OSAC) for Forensic Science Membership Application The Department of Commerce will submit the following information collection request to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995, on or after the date of publication of this notice. We invite the general public and other Federal agencies to comment on proposed, and continuing information collections, which helps us 5 See Polyethylene Terephthalate Film, Sheet, and Strip from India: Final Results of Antidumping Duty Administrative Review; 2017–2018, 85 FR 14883, 14884 (March 16, 2020), as amended by Polyethylene Terephthalate Film, Sheet, and Strip from India: Final Results of Antidumping Duty Administrative Review; 2017–2018; Correction, 88 FR 87751 (December 19, 2023). E:\FR\FM\21MYN1.SGM 21MYN1

Agencies

[Federal Register Volume 89, Number 99 (Tuesday, May 21, 2024)]
[Notices]
[Pages 44635-44638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11126]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-122-863]


Large Diameter Welded Pipe From Canada: Preliminary Results and 
Rescission, in Part, of Antidumping Duty Administrative Review; 2022-
2023

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 (LDWP) from Canada was sold in the 
United States at less than normal value (NV) during the period of 
review (POR) of May 1, 2022, through April 30, 2023. Additionally, 
Commerce is rescinding this administrative review, in part, with 
respect to certain companies that had no entries of subject merchandise 
during

[[Page 44636]]

the POR. We invite interested parties to comment on these preliminary 
results.

DATES: Applicable May 21, 2024.

FOR FURTHER INFORMATION CONTACT: Caroline Carroll, AD/CVD Operations, 
Office IX, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4948.

SUPPLEMENTARY INFORMATION:

Background

    On May 2, 2019, Commerce published in the Federal Register the 
antidumping duty order on LDWP from Canada.\1\ On May 2, 2023, Commerce 
published in the Federal Register a notice of opportunity to request an 
administrative review of the Order.\2\ On July 12, 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 covering 40 
exporters and/or producers.\3\ We selected Pipe & Piling as the sole 
mandatory respondent in this administrative review.\4\ Commerce 
extended the time limit for completing the preliminary results of this 
review until May 10, 2024.\5\
---------------------------------------------------------------------------

    \1\ See Large Diameter Welded Pipe from Canada: Antidumping Duty 
Order, 84 FR 18775 (May 2, 2019) (Order).
    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review and Join Annual Inquiry Service List, 88 FR 27445 (May 2, 
2023).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 44262 (July 12, 2023); see also 
Initiation of Antidumping and Countervailing Duty Administrative 
Reviews, 88 FR 62322 (September 11, 2023) (Initiation Notice) 
(correcting the spelling of the name of one company under review). 
We note that Commerce initiated reviews on two name variations for 
Pipe & Piling Supplies Ltd. (Pipe & Piling): Pipe & Piling Sply 
Ltd.; and Pipe & Piling Supplies.
    \4\ See Commerce's Letter, ``Respondent Selection,'' dated 
August 7, 2023.
    \5\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of 2022-2023 Antidumping Duty Administrative Review,'' dated 
January 11, 2024.
---------------------------------------------------------------------------

Scope of the Order

    The product subject to the Order is LDWP from Canada. A complete 
description of the scope of the Order is contained in the Preliminary 
Decision Memorandum.\6\
---------------------------------------------------------------------------

    \6\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Administrative Review of the Antidumping Duty Order 
of Large Diameter Welded Pipe from Canada; 2022-2023,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
---------------------------------------------------------------------------

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). 
Pursuant to sections 776(a) and (b) of the Act, Commerce preliminarily 
relied entirely upon facts otherwise available with adverse inferences 
for Pipe & Piling.
    For a complete description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum. A list of topics 
discussed in the Preliminary Decision Memorandum is attached in 
Appendix I of this notice. The Preliminary Decision Memorandum is a 
public document and is on file electronically via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS). ACCESS is available to registered users at 
https://access.trade.gov. In addition, a complete version of the 
Preliminary Decision Memorandum is available at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Rescission of Review, in Part

    Pursuant to 19 CFR 351.213(d)(3), it is Commerce's practice to 
rescind an administrative review of an antidumping duty order when 
there are no reviewable entries of subject merchandise during the POR 
for which liquidation is suspended.\7\ Normally, upon completion of an 
administrative review, the suspended entries are liquidated at the 
antidumping duty assessment rate calculated for the review period.\8\ 
Therefore, for an administrative review to be conducted, there must be 
at least one reviewable, suspended entry that Commerce can instruct 
U.S. Customs and Border Protection (CBP) to liquidate at the 
antidumping duty assessment rate calculated for the review period.\9\ 
Because there were no entries in the CBP data for the 38 companies 
listed in Appendix II, on December 21, 2023, Commerce notified all 
interested parties of its intent to rescind this review, in part, with 
respect to these companies and received no comments.\10\ Accordingly, 
Commerce is rescinding this review, in part, with respect to these 38 
companies.
---------------------------------------------------------------------------

    \7\ See, e.g., Dioctyl Terephthalate from the Republic of Korea: 
Rescission of Antidumping Administrative Review; 2021-2022, 88 FR 
24758 (April 24, 2023); see also Certain Carbon and Alloy Steel Cut- 
to Length Plate from the Federal Republic of Germany: Recission of 
Antidumping Administrative Review; 2020-2021, 88 FR 4157 (January 
24, 2023).
    \8\ See 19 CFR 351.212(b)(1).
    \9\ See 19 CFR 351.213(d)(3).
    \10\ See Memorandum, ``Notice of Intent to Rescind Review, in 
Part,'' dated December 21, 2023.
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Preliminary Affiliation and Collapsing Determination

    Based on record evidence in this review, Commerce preliminarily 
finds that the following companies are affiliated, pursuant to section 
771(33)(F) of the Act: Pipe & Piling; 1045761 Ontario Ltd. (Operated as 
Canadian Phoenix Steel Products) (Phoenix); and Spiralco Inc. 
(Spiralco). Furthermore, pursuant to 19 CFR 351.401(f)(1)-(2), we find 
that Pipe & Piling Supplies Ltd., Phoenix, and Spiralco should be 
collapsed and treated as a single entity (collectively, Pipe & 
Piling).\11\
---------------------------------------------------------------------------

    \11\ See Memorandum, ``Preliminary Affiliation and Collapsing 
Memorandum,'' dated December 8, 2023 (Affiliation and Collapsing 
Memorandum), for further discussion.
---------------------------------------------------------------------------

Preliminary Results of Review

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margin exists for the period May 1, 2022, 
through April 30, 2023:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                Producer and/or exporter                  dumping margin
                                                             (percent)
------------------------------------------------------------------------
Pipe & Piling Supplies Ltd.; 1045761 Ontario Ltd.;                 50.89
 Spiralco Inc...........................................
------------------------------------------------------------------------

Disclosure

    Normally, Commerce discloses to interested parties the calculations 
performed in connection with the preliminary results within five days 
of any public announcement or, if there is no public announcement, 
within five days of the date of publication of the notice of 
preliminary results in the Federal Register, in accordance with 19 CFR 
351.224(b). However, because Commerce preliminarily applied total 
adverse facts available to the sole mandatory respondent, in accordance 
with section 776 of the Act, there are no calculations to disclose.

Public Comment

    Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs to Commerce no later than 30 days after the date of publication 
of this notice.\12\ Rebuttal briefs, limited to issues raised in the 
case briefs, may be filed no later than five days after the date for 
filing case briefs.\13\ Interested parties who

[[Page 44637]]

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.\14\ All briefs must be filed electronically using ACCESS. 
An electronically filed document must be received successfully in its 
entirety in ACCESS by 5:00 p.m. Eastern Time on the established 
deadline.
---------------------------------------------------------------------------

    \12\ See 19 CFR 351.303 (for general filing requirements).
    \13\ 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 Service Final Rule).
    \14\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------

    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 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.\15\ Further, 
we request that interested parties limit their public executive summary 
of each issue to no more than 450 words, not including citations. We 
intend to use the public executive summaries as the basis of the 
comment summaries included in the issues and decision memorandum that 
will accompany the final determination in this review. We request that 
interested parties include footnotes for relevant citations in the 
public 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).\16\
---------------------------------------------------------------------------

    \15\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \16\ See APO and Service Final Rule.
---------------------------------------------------------------------------

    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, by 5 p.m. Eastern time, 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; 
and (3) a list of issues to be discussed. Issues raised in the hearing 
will be limited to those raised in the respective case briefs. If a 
request for a hearing is made, Commerce will inform interested parties 
of the scheduled date for the hearing.\17\
---------------------------------------------------------------------------

    \17\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------

Assessment Rates

    Upon completion of the final results, Commerce shall determine and 
CBP shall assess, antidumping duties on all appropriate entries covered 
by this review.\18\
---------------------------------------------------------------------------

    \18\ See 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------

    With respect to the companies for which are rescinding this review, 
Commerce intends to instruct CBP to assess antidumping duties on all 
appropriate entries at rates equal to the cash deposit rate of 
estimated antidumping duties required at the time of entry, or 
withdrawal from warehouse, for consumption, during the POR, in 
accordance with 19 CFR 351.212(c)(1)(i).
    Commerce intends to issue assessment instructions to CBP no earlier 
than 41 days after the date of publication of the final results of this 
review in the Federal Register, in accordance with 19 CFR 356.8(a). 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 subject merchandise entered, or withdrawn from warehouse, 
for consumption on or after the date of publication in the Federal 
Register of the notice of final results of administrative review, as 
provided by section 751(a)(2)(C) of the Act: (1) the cash deposit rate 
for Pipe & Piling will be equal to the weighted-average dumping margin 
established in the final results of this review; (2) for merchandise 
exported by a company not covered in this review but covered in a prior 
segment of the proceeding, the cash deposit rate will continue to be 
the company-specific rate published for the most recently completed 
segment in which they were reviewed; (3) if the exporter is not a firm 
covered in this review or another completed segment of this proceeding, 
but the producer is, then the cash deposit rate will be the company-
specific rate established for 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 12.32 
percent, the all-others rate established in the final determination of 
the less-than-fair value investigation.\19\ These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
---------------------------------------------------------------------------

    \19\ See Order, 85 FR at 18776.
---------------------------------------------------------------------------

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 the issues raised by interested parties in 
written briefs, within 120 days after the date of publication of this 
notice 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 double 
antidumping duties.

Notification to Interested Parties

    We are issuing and publishing these preliminary results in 
accordance with sections 751(a)(1)(B) and 777(i)(1) of the Act, and 19 
CFR 351.213(h) and 351.221(b)(4).

    Dated: May 10, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the 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. Application of Facts Available and Use of Adverse Inference
V. Recommendation

Appendix II--Companies for Which Commerce Is Rescinding the Review

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. Canadian National Steel Corporation (CNSC); Evraz Inc. NA Canada 
(EICA); Evraz Inc. NA
8. Canam (St Gedeon)
9. Cappco Tubular Products Canada Inc.
10. CFI Metal Inc.
11. Dominion Pipe & Piling
12. Enduro Canada Pipeline Services
13. Fi Oilfield Services Canada
14. Forterra
15. Gchem Ltd.
16. Graham Construction
17. Groupe Fordia Inc.
18. Grupo Fordia Inc.
19. Hodgson Custom Rolling
20. Hyprescon Inc.
21. Interpipe Inc.
22. K K Recycling Services
23. Kobelt Manufacturing Co.

[[Page 44638]]

24. Labrie Environment
25. Les Aciers Sofatec
26. Lorenz Conveying P.
27. Lorenz Conveying Products
28. Matrix Manufacturing
29. MBI Produits De Forge
30. Nor Arc
31. Peak Drilling Ltd.
32. Pipe Protecction
33. Prudental
34. Prudential
35. Shaw Pipe Protection
36. Tenaris Algoma Tubes Facility
37. Tenaris Prudential
38. Welded Tube of Can Ltd.

[FR Doc. 2024-11126 Filed 5-20-24; 8:45 am]
BILLING CODE 3510-DS-P
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