Circular Welded Carbon-Quality Steel Pipe From the United Arab Emirates: Notice of Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review, 60863-60866 [2024-16637]
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Federal Register / Vol. 89, No. 145 / Monday, July 29, 2024 / Notices
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 for estimated antidumping
duties will be effective upon publication
of this notice for all shipments of
flanges from Spain entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication as provided by section
751(a)(2) of the Act: (1) the cash deposit
rate for the companies subject to this
review will be equal to the companyspecific weighted-average dumping
margin established in the final results of
the review; (2) for merchandise exported
by producers or exporters not covered in
this review but covered in a prior
completed segment of the 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 investigation, but
the producer has been covered in a prior
completed segment of this proceeding,
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; (4) the
cash deposit rate for all other producers
or exporters will continue to be 18.81
percent, the all-others rate established
in the less-than-fair-value investigation
of this proceeding.8 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
ddrumheller on DSK120RN23PROD with NOTICES1
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this 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.
Administrative Protective Order
This notice also serves as a reminder
to parties subject to an administrative
protective order (APO) of their
responsibility concerning the
destruction or return of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a)(3),
which continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the destruction or return
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 and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.221(b)(5).
Dated: July 23, 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
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
Comment 1: Differential Pricing
Comment 2: Gross Unit Price
V. Recommendation
[FR Doc. 2024–16581 Filed 7–26–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[Docket No. 2024–15926]
The President’s Advisory Council on
Doing Business in Africa; Correction
International Trade
Administration, Department of
Commerce.
AGENCY:
ACTION:
The International Trade
Administration is correcting a final
notice published in the Federal Register
on July 19, 2024 regarding an open
meeting of the President’s Advisory
Council on Doing Business in Africa.
This correction applies to the date of the
open meeting.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Giancarlo Cavallo at giancarlo.cavallo@
trade.gov or 202–766–8044.
SUPPLEMENTARY INFORMATION:
Correction
In the Federal Register of July 19,
2024, in FR Doc. 2024–15926, at 89 FR
58718, in the second column, correct
the DATES caption to read:
DATES:
8 See
18:51 Jul 26, 2024
August 8, 2024, 9 a.m. eastern
time.
Order, 82 FR at 27229.
VerDate Sep<11>2014
Final notice; correction.
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60863
Dated: July 23, 2024.
Kimberly White-Bacon,
Program Manager.
[FR Doc. 2024–16573 Filed 7–26–24; 8:45 am]
BILLING CODE 3510–FP–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–520–807]
Circular Welded Carbon-Quality Steel
Pipe From the United Arab Emirates:
Notice of Initiation and Preliminary
Results of Antidumping Duty Changed
Circumstances Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) is initiating and
issuing preliminary results of a changed
circumstances review (CCR) of the
antidumping duty (AD) order on
circular welded carbon-quality steel
pipe (CWP) from the United Arab
Emirates (UAE) to determine whether
Universal Tube and Pipe Industries FZE
(Universal Tube and Pipe), is the
successor-in-interest to Universal Tube
and Plastic Industries Limited (UTP).
Based on information on the record, we
preliminarily determine that Universal
Tube and Pipe is the successor-ininterest to UTP and should be assigned
UTP’s cash deposit rate for purposes of
the AD order. Interested parties are
invited to comment on these
preliminary results.
DATES: Applicable July 29, 2024.
FOR FURTHER INFORMATION CONTACT:
Genevieve Coen, 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) 482–3251.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On December 19, 2016, Commerce
published in the Federal Register the
AD order on CWP from the UAE.1 On
June 7, 2024, Universal Tube and Pipe
requested that Commerce conduct an
expedited CCR of the Order to
determine that Universal Tube and Pipe
is the successor-in-interest to UTP, and
publish the preliminary results of the
review simultaneously with the
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).
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Federal Register / Vol. 89, No. 145 / Monday, July 29, 2024 / Notices
initiation of the CCR.2 No interested
parties filed comments concerning the
CCR request. On July 22, 2024,
Commerce tolled certain deadlines in
this administrative proceeding by seven
days.3 The deadline for the initiation is
now July 29, 2024.
Scope of the Order
The products covered by the Order
are CWP from the UAE. For a complete
description of the scope of the Order,
see the appendix to this notice.
Initiation of CCR
Pursuant to section 751(b)(1) of the
Tariff Act of 1930, as amended (the Act),
and 19 CFR 351.216(d), Commerce will
conduct a CCR of an order upon receipt
of information concerning, or a request
from an interested party for a review of,
an order which shows changed
circumstances sufficient to warrant a
review of the order. In the past,
Commerce has used CCRs to address the
applicability of cash deposit rates after
there have been changes in the name or
structure of a respondent, such as a
merger or spinoff (‘‘successor-ininterest’’ or ‘‘successorship’’
determinations).4 Commerce finds that
the information submitted by Universal
Tube and Pipe demonstrates changed
circumstances sufficient to warrant such
a review. Therefore, in accordance with
section 751(b)(1) of the Act and 19 CFR
351.216(d), Commerce is initiating a
CCR based on the information contained
in Universal Tube and Pipe’s request
that Commerce determine whether
Universal Tube and Pipe is the
successor-in-interest to UTP for
purposes of the Order and AD liability.
ddrumheller on DSK120RN23PROD with NOTICES1
Preliminary Results of CCR
If we conclude that an expedited
action is warranted, we may combine
the notices of initiation and preliminary
results of a CCR under 19 CFR
351.221(c)(3)(ii). Commerce has
combined the notice of initiation and
preliminary results in successor-ininterest cases when sufficient
2 See Universal Tube and Pipe’s Letter, ‘‘Request
for Changed Circumstances Review and Successorin-Interest Determination,’’ dated June 7, 2024 (CCR
Request).
3 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
4 See, e.g., Diamond Sawblades and Parts Thereof
from the People’s Republic of China: Initiation and
Preliminary Results of Antidumping Duty Changed
Circumstances Review, 82 FR 51605, 51606
(November 7, 2017) (Diamond Sawblades from
China Preliminary), unchanged in Diamond
Sawblades and Parts Thereof from the People’s
Republic of China: Final Results of Antidumping
Duty Changed Circumstances Review, 82 FR 60177
(December 19, 2017) (Diamond Sawblades from
China Final).
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18:51 Jul 26, 2024
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documentation has been provided
supporting the request to make a
preliminary determination.5 In this
instance, we have the necessary
information on the record to make a
preliminary finding. Thus, we find that
expedited action is warranted and have
combined the notices of initiation and
preliminary results pursuant to 19 CFR
351.221(c)(3)(ii).
In making a successor-in-interest
determination for purposes of AD
liability, Commerce examines several
factors including, but not limited to,
changes in the following: (1)
management and ownership; (2)
production facilities; (3) supplier
relationships; and (4) customer base.6
While no single factor or combination of
these factors will necessarily provide a
dispositive indication of a successor-ininterest relationship, Commerce will
generally consider the new company to
be the successor to the previous
company if the new company’s
operations are not materially dissimilar
to those of its predecessor.7 Thus, if the
evidence demonstrates that, with
respect to the production and sales of
the subject merchandise, the new
company operates as essentially the
same business entity as the former
company, Commerce will assign the
new company the cash deposit rate of
its predecessor.8
In its CCR request, Universal Tube
and Pipe provided: (1) a table
demonstrating the continuity of
ownership and management of
managers before and after the takeover;
(2) previously registered and newly
transferred factory licenses from UTP to
Universal Tube and Pipe; (3) a list of
suppliers before and after the takeover;
(4) a list of customers before and after
the takeover; and (5) a corporate
5 See, e.g., Diamond Sawblades from Prelim
Preliminary, unchanged in Diamond Sawblades
from China Final; see also Certain Frozen
Warmwater Shrimp from India: Initiation and
Preliminary Results of Antidumping Duty Changed
Circumstances Review, 83 FR 37784 (August 2,
2018), unchanged in Certain Frozen Warmwater
Shrimp from India: Notice of Final Results of
Antidumping Duty Changed Circumstances Review,
83 FR 49909 (October 3, 2018).
6 See, e.g., Initiation and Preliminary Results of
Antidumping Duty Changed Circumstances Review:
Multilayered Wood Flooring from the People’s
Republic of China, 79 FR 48117 (August 15, 2014),
unchanged in Multilayered Wood Flooring from the
People’s Republic of China: Final Results of
Changed Circumstances Review, 79 FR 58740
(September 30, 2014).
7 Id.
8 Id.; see also, e.g., Notice of Initiation and
Preliminary Results of Antidumping Duty Changed
Circumstances Review: Certain Frozen Warmwater
Shrimp from India, 77 FR 64953 (October 24, 2012),
unchanged in Final Results of Antidumping Duty
Changed Circumstances Review: Certain Frozen
Warmwater Shrimp from India, 77 FR 73619
(December 11, 2012).
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organizational structure chart before and
after the takeover.9 The information
submitted by Universal Tube and Pipe,
discussed below, demonstrates that its
request is based solely on a change in
the name of the company from
‘‘Universal Tube and Plastic Industries
Limited’’ to ‘‘Universal Tube and Pipe
Industries FZE.’’
1. Management and Ownership
There have been no material changes
in management and ultimate ownership
resulting from the name change. In its
CCR Request, Universal Tube and Pipe
includes two lists of officers and
directors from before and after the name
change showing that all existing officers
and directors from UTP hold identical
positions at Universal Tube and Pipe.10
Additionally, while UTP was a
Bahamas-based company, and Universal
Tube and Pipe is a UAE-based company,
both the intermediate owner and
ultimate individual shareholders of both
companies are the same.11
2. Products and Production Facilities
There have been no changes in
production facilities between Universal
Tube and Pipe and UTP.12 The
production facilities used to produce
CWP at UTP are the same as those used
to produce CWP at Universal Tube and
Pipe.13
3. Supplier Relationships
Universal Tube and Pipe provided a
list of suppliers related to the
production of CWP following the name
change and other supporting evidence
to demonstrate that it maintained the
same suppliers as UTP.14 The top
suppliers of the main raw material
inputs used in CWP production under
UTP from January to February 2024 (i.e.,
before the name change), remained the
same as the top suppliers of Universal
Tube and Pipe in March 2024 (i.e., after
the name change).15 Accordingly,
Universal Tube and Pipe has
demonstrated that supplier
relationships have not markedly
changed following the reorganization.
4. Customer Base
Universal Tube and Pipe states that
there were no material changes in the
customer base of UTP as a result of
restructuring.16 Universal Tube and
Pipe provided a list demonstrating that
9 Id.
10 See
CCR Request at 6–7 and Exhibit 2.
at 6–7 and Exhibit 7.
12 Id. at 7.
13 Id. at Exhibit 3.
14 Id. at 8 and Exhibit 4.
15 Id. at Exhibit 4.
16 Id. at 8.
11 Id.
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Federal Register / Vol. 89, No. 145 / Monday, July 29, 2024 / Notices
it maintained the same domestic and
foreign customers before and after the
name change.17
Based on the foregoing, we
preliminarily determine that Universal
Tube and Pipe is the successor-ininterest to UTP and that Universal Tube
and Pipe should receive the same AD
cash deposit rate with respect to subject
merchandise as its predecessor, UTP.
Should our final results remain
unchanged from these preliminary
results, we will instruct U.S. Customs
and Border Protection to assign entries
of subject merchandise exported by
Universal Tube and Pipe the AD cash
deposit rate applicable to UTP.
Public Comment
In accordance with 19 CFR
351.309(c)(1)(ii), interested parties may
submit case briefs no later than 14 days
after the date of publication of this
notice.18 Rebuttal briefs, limited to
issues raised in case briefs, may be filed
not later than five days after the due
date for case briefs, in accordance with
19 CFR 351.309(d).19 Interested parties
who submit case or rebuttal briefs in
this proceeding must submit: (1) a table
of contents listing each issue; and (2) a
table of authorities.20 All briefs must be
filed electronically using Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS)
and must also be served on interested
parties. An electronically filed
document must be received successfully
in its entirety in ACCESS by 5:00 p.m.
Eastern Time on the established
deadline. Note that Commerce has
amended certain of its requirements
pertaining to the service of documents
in 19 CFR 351.303(f).21
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 CCR, we
instead request that interested parties
provide at the beginning of their briefs
a public, executive summary for each
issue raised in their briefs.22 Further, we
17 Id.
at Exhibit 5.
is exercising its discretion under 19
CFR 351.309(c)(1)(ii) to alter the time limit for the
filing of case briefs.
19 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).
20 See 19 CFR 351.309(c)(2) and (d)(2).
21 See APO and Final Service Rule.
22 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
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18 Commerce
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18:51 Jul 26, 2024
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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 CCR. We
request that interested parties include
footnotes for relevant citations in the
public executive summary of each issue.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce within 14 days after the date
of publication of this notice.23 Requests
should contain the party’s name,
address, and telephone number, the
number of participants, whether any
participant is a foreign national, and a
list of the issues to be discussed. 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.
Final Results
Consistent with 19 CFR 351.216(e),
we intend to issue the final results of
this CCR no later than 270 days after the
date on which this review was initiated,
or within 45 days of publication of these
preliminary results, if all parties agree to
the preliminary findings, unless the
deadline is extended.
Notification to Interested Parties
We are issuing and publishing this
initiation and preliminary results notice
in accordance with section 751(b)(1)
and 777(i)(1) of the Act, and 19 CFR
351.216(b) and 351.221(c)(3).
Dated: July 23, 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
The merchandise covered by this Order is
welded carbon-quality steel pipes and tube,
of circular cross-section, with an outside
diameter (O.D.) not more than nominal 16
inches (406.4 mm), regardless of wall
thickness, surface finish (e.g., black,
galvanized, or painted), end finish (plain
in a comment of the Issues and Decision
Memorandum.
23 Commerce is exercising its discretion under 19
CFR 351.310(c) to alter the time limit for the filing
a request for a hearing.
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end, beveled end, grooved, threaded, or
threaded and coupled), or industry
specification (e.g., American Society for
Testing and Materials International (ASTM),
proprietary, or other), generally known as
standard pipe, fence pipe and tube, sprinkler
pipe, and structural pipe (although subject
product may also be referred to as
mechanical tubing). Specifically, the term
‘‘carbon quality’’ includes products in which:
(a) iron predominates, by weight, over each
of the other contained elements;
(b) the carbon content is 2 percent or less,
by weight; and
(c) none of the elements listed below
exceeds the quantity, by weight, as indicated:
(i) 1.80 percent of manganese;
(ii) 2.25 percent of silicon;
(iii) 1.00 percent of copper;
(iv) 0.50 percent of aluminum;
(v) 1.25 percent of chromium;
(vi) 0.30 percent of cobalt;
(vii) 0.40 percent of lead;
(viii) 1.25 percent of nickel;
(ix) 0.30 percent of tungsten;
(x) 0.15 percent of molybdenum;
(xi) 0.10 percent of niobium;
(xii) 0.41 percent of titanium;
(xiii) 0.15 percent of vanadium; or
(xiv) 0.15 percent of zirconium.
Covered products are generally made to
standard O.D. and wall thickness
combinations. Pipe multi-stenciled to a
standard and/or structural specification and
to other specifications, such as American
Petroleum Institute (API) API–5L
specification, may also be covered by the
scope of this order. In particular, such multistenciled merchandise is covered when it
meets the physical description set forth
above, and also has one or more of the
following characteristics: is 32 feet in length
or less; is less than 2.0 inches (50 mm) in
outside diameter; has a galvanized and/or
painted (e.g., polyester coated) surface finish;
or has a threaded and/or coupled end finish.
Standard pipe is ordinarily made to ASTM
specifications A53, A135, and A795, but can
also be made to other specifications.
Structural pipe is made primarily to ASTM
specifications A252 and A500. Standard and
structural pipe may also be produced to
proprietary specifications rather than to
industry specifications.
Sprinkler pipe is designed for sprinkler fire
suppression systems and may be made to
industry specifications such as ASTM A53 or
to proprietary specifications.
Fence tubing is included in the scope
regardless of certification to a specification
listed in the exclusions below, and can also
be made to the ASTM A513 specification.
Products that meet the physical description
set forth above but are made to the following
nominal outside diameter and wall thickness
combinations, which are recognized by the
industry as typical for fence tubing, are
included despite being certified to ASTM
mechanical tubing specifications:
O.D. in
inches
(nominal)
1.315 .........
1.315 .........
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29JYN1
Wall thickness
in inches
(nominal)
0.035
0.047
Gage
20
18
60866
O.D. in
inches
(nominal)
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1.315
1.315
1.315
1.315
1.315
1.660
1.660
1.660
1.660
1.660
1.900
1.900
1.900
1.900
1.900
1.900
2.375
2.375
2.375
2.375
2.375
2.375
2.375
2.875
2.875
3.500
3.500
4.000
4.000
4.500
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
Federal Register / Vol. 89, No. 145 / Monday, July 29, 2024 / Notices
Wall thickness
in inches
(nominal)
Gage
0.055
0.065
0.072
0.083
0.095
0.055
0.065
0.083
0.095
0.109
0.047
0.055
0.065
0.072
0.095
0.109
0.047
0.055
0.065
0.072
0.095
0.109
0.120
0.109
0.165
0.109
0.165
0.148
0.165
0.203
17
16
15
14
13
17
16
14
13
12
18
17
16
15
13
12
18
17
16
15
13
12
11
12
8
12
8
9
8
7
The scope of this Order does not include:
(a) pipe suitable for use in boilers,
superheaters, heat exchangers, refining
furnaces and feedwater heaters, whether or
not cold drawn, which are defined by
standards such as ASTM A178 or ASTM
A192;
(b) finished electrical conduit, i.e.,
Electrical Rigid Steel Conduit (also known as
Electrical Rigid Metal Conduit and Electrical
Rigid Metal Steel Conduit), Finished
Electrical Metallic Tubing, and Electrical
Intermediate Metal Conduit, which are
defined by specifications such as American
National Standard (ANSI) C80.1–2005, ANSI
C80.3–2005, or ANSI C80.6–2005, and
Underwriters Laboratories Inc. (UL) UL–6,
UL–797, or UL–1242;
(c) finished scaffolding, i.e., component
parts of final, finished scaffolding that enter
the United States unassembled as a ‘‘kit.’’ A
kit is understood to mean a packaged
combination of component parts that
contains, at the time of importation, all of the
necessary component parts to fully assemble
final, finished scaffolding;
(d) tube and pipe hollows for redrawing;
(e) oil country tubular goods produced to
API specifications;
(f) line pipe produced to only API
specifications, such as API 5L, and not multistenciled; and
(g) mechanical tubing, whether or not colddrawn, other than what is included in the
above paragraphs.
The products subject to this Order are
currently classifiable in Harmonized Tariff
Schedule of the United States (HTSUS)
statistical reporting numbers 7306.19.1010,
7306.19.1050, 7306.19.5110, 7306.19.5150,
7306.30.1000, 7306.30.5015, 7306.30.5020,
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18:51 Jul 26, 2024
Jkt 262001
7306.30.5025, 7306.30.5032, 7306.30.5040,
7306.30.5055, 7306.30.5085, 7306.30.5090,
7306.50.1000, 7306.50.5030, 7306.50.5050,
and 7306.50.5070. The HTSUS subheadings
above are provided for convenience and U.S.
Customs purposes only. The written
description of the scope of the Order is
dispositive.
[FR Doc. 2024–16637 Filed 7–26–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Agency Information Collection
Activities; Submission to the Office of
Management and Budget (OMB) for
Review and Approval; Comment
Request; Domestic and International
Client Export Services and Customized
Forms Renewal
International Trade
Administration, Commerce.
ACTION: Notice of information collection,
request for comment.
AGENCY:
The Department of
Commerce, in accordance with the
Paperwork Reduction Act of 1995
(PRA), invites the general public and
other Federal agencies to comment on
proposed, and continuing information
collections, which helps us assess the
impact of our information collection
requirements and minimize the public’s
reporting burden. The purpose of this
notice is to allow for 60 days of public
comment preceding submission of the
collection to OMB.
DATES: To ensure consideration,
comments regarding this proposed
information collection must be received
on or before September 27, 2024.
ADDRESSES: Interested persons are
invited to submit written comments to
Katelynn Byers, PRA Process
Administrator by email,
Katelynn.Byers@trade.gov or PRA@
trade.gov. Please reference OMB Control
Number 0625–0143 in the subject line of
your comments. Do not submit
Confidential Business Information or
otherwise sensitive or protected
information.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
specific questions related to collection
activities should be directed to Katelynn
Byers, PRA Process Administrator by
phone, 202–989–5979, and by email,
Katelynn.Byers@trade.gov.
SUPPLEMENTARY INFORMATION:
I. Abstract
The International Trade
Administration’s (ITA) Global Markets/
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
U.S. Commercial Service (CS) is
mandated by Congress to broaden and
deepen the U.S. exporter base. The CS
accomplishes this by providing
counseling, programs, and services to
help U.S. organizations export and
conduct business in overseas markets.
This information collection package
enables the CS to provide appropriate
export services to U.S. exporters, foreign
investors, and international buyers. The
CS offers a variety of services to enable
clients to begin exporting or to expand
existing exporting efforts, as well as to
attract foreign direct investment. Clients
may learn about our services from
business related entities such as the
National Association of Manufacturers,
Federal Express, State Economic
Development offices, the internet, or
word of mouth. The CS provides a
standard set of services to assist clients
with identifying potential overseas
partners, establishing meeting programs
with appropriate overseas business
contacts, and providing due diligence
reports on potential overseas business
partners. The CS also provides other
export-related services considered to be
of a ‘‘customized nature’’ because they
do not fit into the standard set of the CS’
export services but are driven by unique
business needs of individual clients.
The dissemination of international
market information and potential
business opportunities for U.S.
exporters are critical components of the
Commercial Service’s export assistance
programs and services. U.S. companies
conveniently access and indicate their
interest in these services by completing
the appropriate forms via ITA and the
CS U.S. Export Assistance Center
websites. The CS works closely with
clients to educate them about the
exporting/importing process and to help
prepare them for exporting. When a
client is ready to begin the exporting
process our field staff provide
counseling to assist in the development
of an exporting strategy. We provide feebased, export-related services designed
to help clients export. The type of
export-related service that is proposed
to a client depends upon a client’s
business goals and where they are in the
export process. Some clients are at the
beginning of the export process and
require assistance with identifying
potential distributors, whereas other
clients may be ready to sign a contract
with a potential distributor and require
due diligence assistance. Before the CS
can provide export-related services to
clients, such as assistance with
identifying potential partners or
providing due diligence, specific
information is required to determine the
E:\FR\FM\29JYN1.SGM
29JYN1
]]>Agencies
[Federal Register Volume 89, Number 145 (Monday, July 29, 2024)]
[Notices]
[Pages 60863-60866]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16637]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-520-807]
Circular Welded Carbon-Quality Steel Pipe From the United Arab
Emirates: Notice of Initiation and Preliminary Results of Antidumping
Duty Changed Circumstances Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is initiating and
issuing preliminary results of a changed circumstances review (CCR) of
the antidumping duty (AD) order on circular welded carbon-quality steel
pipe (CWP) from the United Arab Emirates (UAE) to determine whether
Universal Tube and Pipe Industries FZE (Universal Tube and Pipe), is
the successor-in-interest to Universal Tube and Plastic Industries
Limited (UTP). Based on information on the record, we preliminarily
determine that Universal Tube and Pipe is the successor-in-interest to
UTP and should be assigned UTP's cash deposit rate for purposes of the
AD order. Interested parties are invited to comment on these
preliminary results.
DATES: Applicable July 29, 2024.
FOR FURTHER INFORMATION CONTACT: Genevieve Coen, 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) 482-3251.
SUPPLEMENTARY INFORMATION:
Background
On December 19, 2016, Commerce published in the Federal Register
the AD order on CWP from the UAE.\1\ On June 7, 2024, Universal Tube
and Pipe requested that Commerce conduct an expedited CCR of the Order
to determine that Universal Tube and Pipe is the successor-in-interest
to UTP, and publish the preliminary results of the review
simultaneously with the
[[Page 60864]]
initiation of the CCR.\2\ No interested parties filed comments
concerning the CCR request. On July 22, 2024, Commerce tolled certain
deadlines in this administrative proceeding by seven days.\3\ The
deadline for the initiation is now July 29, 2024.
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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 Universal Tube and Pipe's Letter, ``Request for Changed
Circumstances Review and Successor-in-Interest Determination,''
dated June 7, 2024 (CCR Request).
\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
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Scope of the Order
The products covered by the Order are CWP from the UAE. For a
complete description of the scope of the Order, see the appendix to
this notice.
Initiation of CCR
Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended
(the Act), and 19 CFR 351.216(d), Commerce will conduct a CCR of an
order upon receipt of information concerning, or a request from an
interested party for a review of, an order which shows changed
circumstances sufficient to warrant a review of the order. In the past,
Commerce has used CCRs to address the applicability of cash deposit
rates after there have been changes in the name or structure of a
respondent, such as a merger or spinoff (``successor-in-interest'' or
``successorship'' determinations).\4\ Commerce finds that the
information submitted by Universal Tube and Pipe demonstrates changed
circumstances sufficient to warrant such a review. Therefore, in
accordance with section 751(b)(1) of the Act and 19 CFR 351.216(d),
Commerce is initiating a CCR based on the information contained in
Universal Tube and Pipe's request that Commerce determine whether
Universal Tube and Pipe is the successor-in-interest to UTP for
purposes of the Order and AD liability.
---------------------------------------------------------------------------
\4\ See, e.g., Diamond Sawblades and Parts Thereof from the
People's Republic of China: Initiation and Preliminary Results of
Antidumping Duty Changed Circumstances Review, 82 FR 51605, 51606
(November 7, 2017) (Diamond Sawblades from China Preliminary),
unchanged in Diamond Sawblades and Parts Thereof from the People's
Republic of China: Final Results of Antidumping Duty Changed
Circumstances Review, 82 FR 60177 (December 19, 2017) (Diamond
Sawblades from China Final).
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Preliminary Results of CCR
If we conclude that an expedited action is warranted, we may
combine the notices of initiation and preliminary results of a CCR
under 19 CFR 351.221(c)(3)(ii). Commerce has combined the notice of
initiation and preliminary results in successor-in-interest cases when
sufficient documentation has been provided supporting the request to
make a preliminary determination.\5\ In this instance, we have the
necessary information on the record to make a preliminary finding.
Thus, we find that expedited action is warranted and have combined the
notices of initiation and preliminary results pursuant to 19 CFR
351.221(c)(3)(ii).
---------------------------------------------------------------------------
\5\ See, e.g., Diamond Sawblades from Prelim Preliminary,
unchanged in Diamond Sawblades from China Final; see also Certain
Frozen Warmwater Shrimp from India: Initiation and Preliminary
Results of Antidumping Duty Changed Circumstances Review, 83 FR
37784 (August 2, 2018), unchanged in Certain Frozen Warmwater Shrimp
from India: Notice of Final Results of Antidumping Duty Changed
Circumstances Review, 83 FR 49909 (October 3, 2018).
---------------------------------------------------------------------------
In making a successor-in-interest determination for purposes of AD
liability, Commerce examines several factors including, but not limited
to, changes in the following: (1) management and ownership; (2)
production facilities; (3) supplier relationships; and (4) customer
base.\6\ While no single factor or combination of these factors will
necessarily provide a dispositive indication of a successor-in-interest
relationship, Commerce will generally consider the new company to be
the successor to the previous company if the new company's operations
are not materially dissimilar to those of its predecessor.\7\ Thus, if
the evidence demonstrates that, with respect to the production and
sales of the subject merchandise, the new company operates as
essentially the same business entity as the former company, Commerce
will assign the new company the cash deposit rate of its
predecessor.\8\
---------------------------------------------------------------------------
\6\ See, e.g., Initiation and Preliminary Results of Antidumping
Duty Changed Circumstances Review: Multilayered Wood Flooring from
the People's Republic of China, 79 FR 48117 (August 15, 2014),
unchanged in Multilayered Wood Flooring from the People's Republic
of China: Final Results of Changed Circumstances Review, 79 FR 58740
(September 30, 2014).
\7\ Id.
\8\ Id.; see also, e.g., Notice of Initiation and Preliminary
Results of Antidumping Duty Changed Circumstances Review: Certain
Frozen Warmwater Shrimp from India, 77 FR 64953 (October 24, 2012),
unchanged in Final Results of Antidumping Duty Changed Circumstances
Review: Certain Frozen Warmwater Shrimp from India, 77 FR 73619
(December 11, 2012).
---------------------------------------------------------------------------
In its CCR request, Universal Tube and Pipe provided: (1) a table
demonstrating the continuity of ownership and management of managers
before and after the takeover; (2) previously registered and newly
transferred factory licenses from UTP to Universal Tube and Pipe; (3) a
list of suppliers before and after the takeover; (4) a list of
customers before and after the takeover; and (5) a corporate
organizational structure chart before and after the takeover.\9\ The
information submitted by Universal Tube and Pipe, discussed below,
demonstrates that its request is based solely on a change in the name
of the company from ``Universal Tube and Plastic Industries Limited''
to ``Universal Tube and Pipe Industries FZE.''
---------------------------------------------------------------------------
\9\ Id.
---------------------------------------------------------------------------
1. Management and Ownership
There have been no material changes in management and ultimate
ownership resulting from the name change. In its CCR Request, Universal
Tube and Pipe includes two lists of officers and directors from before
and after the name change showing that all existing officers and
directors from UTP hold identical positions at Universal Tube and
Pipe.\10\ Additionally, while UTP was a Bahamas-based company, and
Universal Tube and Pipe is a UAE-based company, both the intermediate
owner and ultimate individual shareholders of both companies are the
same.\11\
---------------------------------------------------------------------------
\10\ See CCR Request at 6-7 and Exhibit 2.
\11\ Id. at 6-7 and Exhibit 7.
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2. Products and Production Facilities
There have been no changes in production facilities between
Universal Tube and Pipe and UTP.\12\ The production facilities used to
produce CWP at UTP are the same as those used to produce CWP at
Universal Tube and Pipe.\13\
---------------------------------------------------------------------------
\12\ Id. at 7.
\13\ Id. at Exhibit 3.
---------------------------------------------------------------------------
3. Supplier Relationships
Universal Tube and Pipe provided a list of suppliers related to the
production of CWP following the name change and other supporting
evidence to demonstrate that it maintained the same suppliers as
UTP.\14\ The top suppliers of the main raw material inputs used in CWP
production under UTP from January to February 2024 (i.e., before the
name change), remained the same as the top suppliers of Universal Tube
and Pipe in March 2024 (i.e., after the name change).\15\ Accordingly,
Universal Tube and Pipe has demonstrated that supplier relationships
have not markedly changed following the reorganization.
---------------------------------------------------------------------------
\14\ Id. at 8 and Exhibit 4.
\15\ Id. at Exhibit 4.
---------------------------------------------------------------------------
4. Customer Base
Universal Tube and Pipe states that there were no material changes
in the customer base of UTP as a result of restructuring.\16\ Universal
Tube and Pipe provided a list demonstrating that
[[Page 60865]]
it maintained the same domestic and foreign customers before and after
the name change.\17\
---------------------------------------------------------------------------
\16\ Id. at 8.
\17\ Id. at Exhibit 5.
---------------------------------------------------------------------------
Based on the foregoing, we preliminarily determine that Universal
Tube and Pipe is the successor-in-interest to UTP and that Universal
Tube and Pipe should receive the same AD cash deposit rate with respect
to subject merchandise as its predecessor, UTP.
Should our final results remain unchanged from these preliminary
results, we will instruct U.S. Customs and Border Protection to assign
entries of subject merchandise exported by Universal Tube and Pipe the
AD cash deposit rate applicable to UTP.
Public Comment
In accordance with 19 CFR 351.309(c)(1)(ii), interested parties may
submit case briefs no later than 14 days after the date of publication
of this notice.\18\ Rebuttal briefs, limited to issues raised in case
briefs, may be filed not later than five days after the due date for
case briefs, in accordance with 19 CFR 351.309(d).\19\ Interested
parties who submit case or rebuttal briefs in this proceeding must
submit: (1) a table of contents listing each issue; and (2) a table of
authorities.\20\ All briefs must be filed electronically using
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS) and must also be served
on interested parties. An electronically filed document must be
received successfully in its entirety in ACCESS by 5:00 p.m. Eastern
Time on the established deadline. Note that Commerce has amended
certain of its requirements pertaining to the service of documents in
19 CFR 351.303(f).\21\
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\18\ Commerce is exercising its discretion under 19 CFR
351.309(c)(1)(ii) to alter the time limit for the filing of case
briefs.
\19\ 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).
\20\ See 19 CFR 351.309(c)(2) and (d)(2).
\21\ See APO and Final Service Rule.
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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 CCR, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\22\ 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 CCR. We request that
interested parties include footnotes for relevant citations in the
public executive summary of each issue.
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\22\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce within 14 days
after the date of publication of this notice.\23\ Requests should
contain the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. 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.
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\23\ Commerce is exercising its discretion under 19 CFR
351.310(c) to alter the time limit for the filing a request for a
hearing.
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Final Results
Consistent with 19 CFR 351.216(e), we intend to issue the final
results of this CCR no later than 270 days after the date on which this
review was initiated, or within 45 days of publication of these
preliminary results, if all parties agree to the preliminary findings,
unless the deadline is extended.
Notification to Interested Parties
We are issuing and publishing this initiation and preliminary
results notice in accordance with section 751(b)(1) and 777(i)(1) of
the Act, and 19 CFR 351.216(b) and 351.221(c)(3).
Dated: July 23, 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
The merchandise covered by this Order is welded carbon-quality
steel pipes and tube, of circular cross-section, with an outside
diameter (O.D.) not more than nominal 16 inches (406.4 mm),
regardless of wall thickness, surface finish (e.g., black,
galvanized, or painted), end finish (plain end, beveled end,
grooved, threaded, or threaded and coupled), or industry
specification (e.g., American Society for Testing and Materials
International (ASTM), proprietary, or other), generally known as
standard pipe, fence pipe and tube, sprinkler pipe, and structural
pipe (although subject product may also be referred to as mechanical
tubing). Specifically, the term ``carbon quality'' includes products
in which:
(a) iron predominates, by weight, over each of the other
contained elements;
(b) the carbon content is 2 percent or less, by weight; and
(c) none of the elements listed below exceeds the quantity, by
weight, as indicated:
(i) 1.80 percent of manganese;
(ii) 2.25 percent of silicon;
(iii) 1.00 percent of copper;
(iv) 0.50 percent of aluminum;
(v) 1.25 percent of chromium;
(vi) 0.30 percent of cobalt;
(vii) 0.40 percent of lead;
(viii) 1.25 percent of nickel;
(ix) 0.30 percent of tungsten;
(x) 0.15 percent of molybdenum;
(xi) 0.10 percent of niobium;
(xii) 0.41 percent of titanium;
(xiii) 0.15 percent of vanadium; or
(xiv) 0.15 percent of zirconium.
Covered products are generally made to standard O.D. and wall
thickness combinations. Pipe multi-stenciled to a standard and/or
structural specification and to other specifications, such as
American Petroleum Institute (API) API-5L specification, may also be
covered by the scope of this order. In particular, such multi-
stenciled merchandise is covered when it meets the physical
description set forth above, and also has one or more of the
following characteristics: is 32 feet in length or less; is less
than 2.0 inches (50 mm) in outside diameter; has a galvanized and/or
painted (e.g., polyester coated) surface finish; or has a threaded
and/or coupled end finish.
Standard pipe is ordinarily made to ASTM specifications A53,
A135, and A795, but can also be made to other specifications.
Structural pipe is made primarily to ASTM specifications A252 and
A500. Standard and structural pipe may also be produced to
proprietary specifications rather than to industry specifications.
Sprinkler pipe is designed for sprinkler fire suppression
systems and may be made to industry specifications such as ASTM A53
or to proprietary specifications.
Fence tubing is included in the scope regardless of
certification to a specification listed in the exclusions below, and
can also be made to the ASTM A513 specification. Products that meet
the physical description set forth above but are made to the
following nominal outside diameter and wall thickness combinations,
which are recognized by the industry as typical for fence tubing,
are included despite being certified to ASTM mechanical tubing
specifications:
------------------------------------------------------------------------
Wall thickness
O.D. in inches (nominal) in inches Gage
(nominal)
------------------------------------------------------------------------
1.315................................... 0.035 20
1.315................................... 0.047 18
[[Page 60866]]
1.315................................... 0.055 17
1.315................................... 0.065 16
1.315................................... 0.072 15
1.315................................... 0.083 14
1.315................................... 0.095 13
1.660................................... 0.055 17
1.660................................... 0.065 16
1.660................................... 0.083 14
1.660................................... 0.095 13
1.660................................... 0.109 12
1.900................................... 0.047 18
1.900................................... 0.055 17
1.900................................... 0.065 16
1.900................................... 0.072 15
1.900................................... 0.095 13
1.900................................... 0.109 12
2.375................................... 0.047 18
2.375................................... 0.055 17
2.375................................... 0.065 16
2.375................................... 0.072 15
2.375................................... 0.095 13
2.375................................... 0.109 12
2.375................................... 0.120 11
2.875................................... 0.109 12
2.875................................... 0.165 8
3.500................................... 0.109 12
3.500................................... 0.165 8
4.000................................... 0.148 9
4.000................................... 0.165 8
4.500................................... 0.203 7
------------------------------------------------------------------------
The scope of this Order does not include:
(a) pipe suitable for use in boilers, superheaters, heat
exchangers, refining furnaces and feedwater heaters, whether or not
cold drawn, which are defined by standards such as ASTM A178 or ASTM
A192;
(b) finished electrical conduit, i.e., Electrical Rigid Steel
Conduit (also known as Electrical Rigid Metal Conduit and Electrical
Rigid Metal Steel Conduit), Finished Electrical Metallic Tubing, and
Electrical Intermediate Metal Conduit, which are defined by
specifications such as American National Standard (ANSI) C80.1-2005,
ANSI C80.3-2005, or ANSI C80.6-2005, and Underwriters Laboratories
Inc. (UL) UL-6, UL-797, or UL-1242;
(c) finished scaffolding, i.e., component parts of final,
finished scaffolding that enter the United States unassembled as a
``kit.'' A kit is understood to mean a packaged combination of
component parts that contains, at the time of importation, all of
the necessary component parts to fully assemble final, finished
scaffolding;
(d) tube and pipe hollows for redrawing;
(e) oil country tubular goods produced to API specifications;
(f) line pipe produced to only API specifications, such as API
5L, and not multi-stenciled; and
(g) mechanical tubing, whether or not cold-drawn, other than
what is included in the above paragraphs.
The products subject to this Order are currently classifiable in
Harmonized Tariff Schedule of the United States (HTSUS) statistical
reporting numbers 7306.19.1010, 7306.19.1050, 7306.19.5110,
7306.19.5150, 7306.30.1000, 7306.30.5015, 7306.30.5020,
7306.30.5025, 7306.30.5032, 7306.30.5040, 7306.30.5055,
7306.30.5085, 7306.30.5090, 7306.50.1000, 7306.50.5030,
7306.50.5050, and 7306.50.5070. The HTSUS subheadings above are
provided for convenience and U.S. Customs purposes only. The written
description of the scope of the Order is dispositive.
[FR Doc. 2024-16637 Filed 7-26-24; 8:45 am]
BILLING CODE 3510-DS-P
