Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe From Ukraine: Preliminary Results of Antidumping Duty Administrative Review; 2022-2023, 74919-74921 [2024-20749]
Download as PDF
Federal Register / Vol. 89, No. 178 / Friday, September 13, 2024 / Notices
in accordance with 19 CFR
351.106(c)(2). If a respondent’s
weighted-average dumping margin is
zero or de minimis in the final results
of review, we will instruct CBP not to
assess duties on any of its entries in
accordance with the Final Modification
for Reviews, i.e., ‘‘{w}here the weightedaverage margin of dumping for the
exporter is determined to be zero or de
minimis, no antidumping duties will be
assessed.’’ 18 For entries of subject
merchandise during the POR produced
by Maquilacero/TEFLU or Perfiles for
which the producer did not know its
merchandise was destined for the
United States, we will instruct CBP to
liquidate unreviewed entries at the allothers rate if there is no rate for the
intermediate company (or companies)
involved in the transaction.19
For the companies which were not
selected for individual examination, we
will instruct CBP to assess antidumping
duties at an ad valorem assessment rate
equal to the company-specific weightedaverage dumping margin determined in
these final results. For the companies
for which we intend to rescind the
administrative review, upon issuance of
the final results, antidumping duties
shall be assessed at a rate equal to the
cash deposit of estimated antidumping
duties required at the time of entry, or
withdrawal from warehouse, for
consumption, in accordance with 19
CFR 351.212(c)(1)(i).
khammond on DSKJM1Z7X2PROD with NOTICES
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for all shipments
of the subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date of the final results of this
administrative review, as provided by
section 751(a)(2)(C) of the Act: (1) the
cash deposit rate for each company
listed above will be that established in
the final results of this administrative
review, except if the rate is less than
0.50 percent, and therefore, de minimis
within the meaning of 19 CFR
351.106(c)(1), in which case the cash
deposit rate will be zero; (2) for
previously reviewed or investigated
companies not listed above, the cash
deposit rate will continue to be the
18 See Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101, 8102
(February 14, 2012) (Final Modification for
Reviews).
19 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
VerDate Sep<11>2014
17:53 Sep 12, 2024
Jkt 262001
company-specific rate published for the
most recently completed segment of this
proceeding in which the company
participated; (3) if the exporter is not a
firm covered in this review, a prior
review, or in the investigation but the
producer is, the cash deposit rate will be
the rate established for the most recently
completed segment of this proceeding
for the producer of the merchandise;
and (4) the cash deposit rate for all other
producers or exporters will continue to
be the all-others rate of 3.76 percent, the
rate established in the investigation of
this proceeding.20 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Final Results of Review
Unless extended, we intend to issue
the final results of this administrative
review, which will include the results of
our analysis of all issues raised in the
case and rebuttal briefs, within 120 days
of publication of these preliminary
results in the Federal Register.21
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
review period. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these
preliminary results in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act.
Dated: September 6, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Intent to Rescind Review, In Part
V. Companies Not Selected for Individual
Examination
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2024–20795 Filed 9–12–24; 8:45 am]
BILLING CODE 3510–DS–P
20 See
Order, 85 FR at 37423.
section 751(a)(3)(A) of the Act; and 19 CFR
351.213(h).
21 See
PO 00000
Frm 00053
Fmt 4703
Sfmt 4703
74919
DEPARTMENT OF COMMERCE
International Trade Administration
[A–823–819]
Seamless Carbon and Alloy Steel
Standard, Line, and Pressure Pipe
From Ukraine: Preliminary Results 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
determines that the sole respondent
under review sold subject merchandise
at less than normal value during the
period of review (POR) August 1, 2022,
through July 31, 2023. We invite
interested parties to comment on the
preliminary results of this review.
DATES: Applicable September 13, 2024.
FOR FURTHER INFORMATION CONTACT:
Reginald Anadio, AD/CVD Operations,
Office IV, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3166.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On August 23, 2021, Commerce
published the antidumping duty (AD)
order on seamless carbon and alloy steel
standard, line, and pressure pipe
(seamless pipe) from Ukraine.1 On
August 2, 2023, Commerce notified
interested parties of the opportunity to
request an administrative review of the
Order covering the POR.2
On October 18, 2023, based on a
timely request for review,3 Commerce
initiated an administrative review of the
Order with respect to Interpipe.4 On
1 See Seamless Carbon and Alloy Steel Standard,
Line, and Pressure Pipe from the Republic of Korea,
the Russian Federation, and Ukraine: Antidumping
Duty Orders, 86 FR 47055 (August 23, 2021)
(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 50840 (August 2, 2023).
3 See Interpipe’s Letter, ‘‘Request for Review—
2022–2023 Antidumping Duty Administrative
Review Period,’’ dated August 31, 2023.
4 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
71829 (October 18, 2023). Interpipe refers to the
collapsed entity, Interpipe Ukraine LLC, PJSC
Interpipe Niznedneprovsky Tube Rolling Plant, LLC
Interpipe Niko Tube, Interpipe Europe S.A., and
JSC Interpipe Novomoskovsk Pipe Production
Plant. See Memorandum, ‘‘Decision Memorandum
for Preliminary Results of the 2022–2023
Administrative Review of the Antidumping Duty
Order on Seamless Carbon and Alloy Steel
E:\FR\FM\13SEN1.SGM
Continued
13SEN1
74920
Federal Register / Vol. 89, No. 178 / Friday, September 13, 2024 / Notices
April 18, 2024, Commerce extended the
deadline for issuing the preliminary
results of this review until August 30,
2024, in accordance with section
751(a)(3)(A) of the Tariff Act of 1930, as
amended (the Act) and 19 CFR
351.213(h)(2).5 On July 22, 2024,
Commerce tolled certain deadlines in
this administrative proceeding by seven
days.6 The deadline for these
preliminary results are now September
6, 2024. For a complete description of
the events that occurred subsequent to
initiation of the review, see the
Preliminary Decision Memorandum.
Scope of the Order
The merchandise covered by the
Order is seamless pipe from Ukraine.
For a full description of the scope, see
the Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review
in accordance with section 751(a) of the
Act. We calculated constructed export
prices in accordance with section 772 of
the Act and normal value in accordance
with section 773 of the Act.
For a full description of the
methodology underlying these
preliminary results, see the Preliminary
Decision Memorandum. A list of topics
discussed in the Preliminary Decision
Memorandum is in the appendix to this
notice. The Preliminary Decision
Memorandum is a public document that
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 can be accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
Preliminary Results of Review
We are assigning the following
estimated weighted-average dumping
margin to the firm listed below for the
period August 1, 2022, through July 31,
2023:
Weighted-average
dumping margin
(percent)
Producer and/or exporter
Interpipe Ukraine LLC/PJSC Interpipe Niznedneprovsky Tube Rolling Plant/LLC Interpipe Niko Tube/Interpipe Europe S.A./
JSC Interpipe Novomoskovsk Pipe Production Plant ..............................................................................................................
Disclosure
Commerce intends to disclose its
calculations and analysis performed to
interested parties for these preliminary
results of review within five days of any
public announcement or, if there is no
public announcement, within five days
of the date of publication of this notice
in the Federal Register in accordance
with 19 CFR 351.224(b).
Public Comment
khammond on DSKJM1Z7X2PROD with NOTICES
Pursuant to 19 CFR 351.309(c)(1)(ii),
interested parties may submit case briefs
to Commerce via ACCESS no later than
30 days after the date of publication of
these preliminary results of review in
the Federal Register.7 Rebuttal briefs,
limited to issues raised in the case
briefs, may be filed in ACCESS not later
than five days after the date for filing
case briefs.8 Interested parties who
submit case briefs or rebuttal briefs in
this proceeding must submit: (1) a table
of contents listing each issue; and (2) a
table of authorities.9
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,
Standard, Line, and Pressure Pipe from Ukraine,’’
dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum)
5 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review,’’ dated April 18, 2024.
6 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
VerDate Sep<11>2014
17:53 Sep 12, 2024
Jkt 262001
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.10 Further, we
request that interested parties limit their
executive summary of each issue to no
more than 450 words, not including
citations. We intend to use the executive
summaries as the basis of the comment
summaries included in the issues and
decision memorandum that will
accompany the final results in this
administrative review. We request that
interested parties include footnotes for
relevant citations in the executive
summary of each issue. Note that
Commerce has amended certain of its
requirements pertaining to the service of
documents in 19 CFR 351.303(f).11
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request
for a hearing to the Assistant Secretary
for Enforcement and Compliance, filed
electronically via ACCESS, by no later
than 5 p.m. Eastern Time within 30 days
after the date of publication of this
notice in the Federal Register. Hearing
requests should contain: (1) the party’s
name, address, and telephone number;
(2) the number of persons from the party
attending the hearing; and (3) a list of
7 See
19 CFR 351.309(c)(1)(ii).
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).
9 See 19 CFR 351.309(c)(2) and (d)(2).
10 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
8 See
PO 00000
Frm 00054
Fmt 4703
Sfmt 4703
2.89
issues to be discussed. Issues raised in
the hearing will be limited to those
issues raised in the respective case
briefs. If a hearing is requested,
Commerce will announce the date and
time of the hearing. Parties should
confirm the date and time of the hearing
two days before the scheduled hearing
date.
All submissions to Commerce must be
filed electronically via ACCESS. An
electronically filed document must be
received successfully in its entirety via
ACCESS by 5:00 p.m. Eastern Time on
the due date.12 Note that Commerce has
amended certain of its requirements
pertaining to the service of documents
in section 351.303(f) of our
regulations.13
Final Results of Review
Commerce intends to issue the final
results of this administrative review,
which will include the results of its
analysis of issues raised in any written
briefs, within 120 days of publication of
these preliminary results of review in
the Federal Register, pursuant to
section 751(a)(3)(A) of the Act, unless
extended.
in a comment of the Issues and Decision
Memorandum.
11 See APO and Service Final Rule.
12 See 19 CFR 351.310(c).
13 See Administrative Protective Order, Service,
and Other Procedures in Antidumping and
Countervailing Duty Proceedings; Final Rule, 88 FR
67069 (September 29, 2023).
E:\FR\FM\13SEN1.SGM
13SEN1
Federal Register / Vol. 89, No. 178 / Friday, September 13, 2024 / Notices
Assessment Rates
Pursuant to section 751(a)(2)(A) of the
Act and 19 CFR 351.212(b)(1), upon
completion of this administrative
review, Commerce shall determine, and
U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties
on all appropriate entries of subject
merchandise covered by this review.14 If
Interpipe’s weighted-average dumping
margin in the final results of this review
is not zero or de minimis (i.e., greater
than or equal to 0.5 percent), we will
calculate importer-specific ad valorem
assessment rates for the merchandise by
dividing the total amount of dumping
calculated for all reviewed sales to the
importer by the total entered value of
the merchandise sold to the importer.15
Where either Interpipe’s ad valorem
weighted-average dumping margin is
zero or de minimis, or an importerspecific ad valorem assessment rate is
zero or de minimis in the final results
of review, we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.16
In accordance with Commerce’s
‘‘automatic assessment’’ practice, for
entries of subject merchandise during
the POR produced by Interpipe for
which it did not know was destined for
the United States, we intend to instruct
CBP to liquidate those entries at the allothers rate (i.e., 23.75 percent) 17 in the
original less-than-fair-value (LTFV)
investigation if there is no rate for the
intermediate company(ies) involved in
the transaction.18
Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the date of
publication of the final results of this
review in the Federal Register. If a
timely summons is filed at the U.S.
Court of International Trade, Commerce
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 in effect for all
shipments of subject merchandise
14 See
khammond on DSKJM1Z7X2PROD with NOTICES
16 See 19 CFR 351.106(c)(2); see also
Antidumping Proceedings: Calculation of the
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101, 8102
(February 14, 2012) (Final Modification for
Reviews).
17 See Order, 86 FR at 35273.
18 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
17:53 Sep 12, 2024
Notification to Importers
This notice serves as a preliminary
reminder to importers of their
responsibility under 19 CFR 351.402(f)
to file a certificate regarding the
reimbursement of antidumping duties
prior to liquidation of the relevant
entries during this review period.
Failure to comply with this requirement
could result in Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
Notification to Interested Parties
19 CFR 351.212(b)(1).
15 Id.
VerDate Sep<11>2014
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of the notice of the final
results of this administrative review in
the Federal Register, as provided for by
section 751(a)(2)(C) of the Act: (1) the
cash deposit rate for Interpipe will be
equal to the weighted-average dumping
margin established for Interpipe in the
final results of this administrative
review, except if the rate is less than
0.50 percent and, therefore, de minimis
within the meaning of 19 CFR
351.106(c)(1), then the cash deposit rate
will be zero; (2) for producers or
exporters not covered in this review but
that were previously reviewed or
investigated in a prior segment of this
proceeding, the cash deposit rate will
continue to be the rate assigned to the
company in the most recentlycompleted segment of this proceeding in
which the producer or exporter was
examined; (3) if the exporter of the
subject merchandise does not have a
company-specific rate but the producer
of the subject merchandise does, then
the cash deposit rate will be the rate
assigned to the producer of the subject
merchandise in the most recently
completed segment of this proceeding in
which the producer was examined; and
(4) the cash deposit rate for all other
producers or exporters will continue to
be the all-others rate of 23.75 percent
that was established in the investigation
in this proceeding.19 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Jkt 262001
We are issuing and publishing these
preliminary results of review in
accordance with sections 751(a)(1) and
777(i) of the Act, and 19 CFR
351.213(h)(2) and 351.221(b)(4).
19 See
PO 00000
Order, 86 FR at 35272.
Frm 00055
Fmt 4703
Sfmt 4703
74921
Dated: September 6, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Affiliation/Single Entity
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2024–20749 Filed 9–12–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XE234]
Taking and Importing Marine
Mammals; Taking Marine Mammals
Incidental to Geophysical Surveys
Related to Oil and Gas Activities in the
Gulf of Mexico
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of issuance of letter of
authorization.
AGENCY:
In accordance with the
Marine Mammal Protection Act
(MMPA), as amended, its implementing
regulations, and NMFS’ MMPA
Regulations for Taking Marine
Mammals Incidental to Geophysical
Surveys Related to Oil and Gas
Activities in the Gulf of Mexico,
notification is hereby given that NMFS
has issued a Letter of Authorization
(LOA) to bp Exploration and
Production, Inc., (bp) for the take of
marine mammals incidental to
geophysical survey activity in the Gulf
of Mexico (GOM).
DATES: The LOA is effective from
September 9, 2024, through February
14, 2025.
ADDRESSES: The LOA, LOA request, and
supporting documentation are available
online at: https://www.fisheries.
noaa.gov/action/incidental-takeauthorization-oil-and-gas-industrygeophysical-survey-activity-gulf-mexico.
In case of problems accessing these
documents, please call the contact listed
below (see FOR FURTHER INFORMATION
CONTACT section).
FOR FURTHER INFORMATION CONTACT:
Rachel Wachtendonk, Office of
Protected Resources, NMFS, (301) 427–
8401.
SUMMARY:
E:\FR\FM\13SEN1.SGM
13SEN1
Agencies
[Federal Register Volume 89, Number 178 (Friday, September 13, 2024)]
[Notices]
[Pages 74919-74921]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20749]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-823-819]
Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe
From Ukraine: Preliminary Results 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
determines that the sole respondent under review sold subject
merchandise at less than normal value during the period of review (POR)
August 1, 2022, through July 31, 2023. We invite interested parties to
comment on the preliminary results of this review.
DATES: Applicable September 13, 2024.
FOR FURTHER INFORMATION CONTACT: Reginald Anadio, AD/CVD Operations,
Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3166.
SUPPLEMENTARY INFORMATION:
Background
On August 23, 2021, Commerce published the antidumping duty (AD)
order on seamless carbon and alloy steel standard, line, and pressure
pipe (seamless pipe) from Ukraine.\1\ On August 2, 2023, Commerce
notified interested parties of the opportunity to request an
administrative review of the Order covering the POR.\2\
---------------------------------------------------------------------------
\1\ See Seamless Carbon and Alloy Steel Standard, Line, and
Pressure Pipe from the Republic of Korea, the Russian Federation,
and Ukraine: Antidumping Duty Orders, 86 FR 47055 (August 23, 2021)
(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 50840 (August 2,
2023).
---------------------------------------------------------------------------
On October 18, 2023, based on a timely request for review,\3\
Commerce initiated an administrative review of the Order with respect
to Interpipe.\4\ On
[[Page 74920]]
April 18, 2024, Commerce extended the deadline for issuing the
preliminary results of this review until August 30, 2024, in accordance
with section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the
Act) and 19 CFR 351.213(h)(2).\5\ On July 22, 2024, Commerce tolled
certain deadlines in this administrative proceeding by seven days.\6\
The deadline for these preliminary results are now September 6, 2024.
For a complete description of the events that occurred subsequent to
initiation of the review, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\3\ See Interpipe's Letter, ``Request for Review--2022-2023
Antidumping Duty Administrative Review Period,'' dated August 31,
2023.
\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 71829 (October 18, 2023). Interpipe
refers to the collapsed entity, Interpipe Ukraine LLC, PJSC
Interpipe Niznedneprovsky Tube Rolling Plant, LLC Interpipe Niko
Tube, Interpipe Europe S.A., and JSC Interpipe Novomoskovsk Pipe
Production Plant. See Memorandum, ``Decision Memorandum for
Preliminary Results of the 2022-2023 Administrative Review of the
Antidumping Duty Order on Seamless Carbon and Alloy Steel Standard,
Line, and Pressure Pipe from Ukraine,'' dated concurrently with, and
hereby adopted by, this notice (Preliminary Decision Memorandum)
\5\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated April 18,
2024.
\6\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the Order is seamless pipe from Ukraine.
For a full description of the scope, see the Preliminary Decision
Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a) of the Act. We calculated constructed export prices in
accordance with section 772 of the Act and normal value in accordance
with section 773 of the Act.
For a full description of the methodology underlying these
preliminary results, see the Preliminary Decision Memorandum. A list of
topics discussed in the Preliminary Decision Memorandum is in the
appendix to this notice. The Preliminary Decision Memorandum is a
public document that 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 can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Preliminary Results of Review
We are assigning the following estimated weighted-average dumping
margin to the firm listed below for the period August 1, 2022, through
July 31, 2023:
------------------------------------------------------------------------
Weighted-average
Producer and/or exporter dumping margin
(percent)
------------------------------------------------------------------------
Interpipe Ukraine LLC/PJSC Interpipe 2.89
Niznedneprovsky Tube Rolling Plant/LLC Interpipe
Niko Tube/Interpipe Europe S.A./JSC Interpipe
Novomoskovsk Pipe Production Plant................
------------------------------------------------------------------------
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties for these preliminary results of review
within five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of this
notice in the Federal Register in accordance with 19 CFR 351.224(b).
Public Comment
Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit
case briefs to Commerce via ACCESS no later than 30 days after the date
of publication of these preliminary results of review in the Federal
Register.\7\ Rebuttal briefs, limited to issues raised in the case
briefs, may be filed in ACCESS not later than five days after the date
for filing case briefs.\8\ Interested parties who submit case briefs or
rebuttal briefs in this proceeding must submit: (1) a table of contents
listing each issue; and (2) a table of authorities.\9\
---------------------------------------------------------------------------
\7\ See 19 CFR 351.309(c)(1)(ii).
\8\ 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).
\9\ 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.\10\ Further,
we request that interested parties limit their executive summary of
each issue to no more than 450 words, not including citations. We
intend to use the executive summaries as the basis of the comment
summaries included in the issues and decision memorandum that will
accompany the final results in this administrative review. We request
that interested parties include footnotes for relevant citations in the
executive summary of each issue. Note that Commerce has amended certain
of its requirements pertaining to the service of documents in 19 CFR
351.303(f).\11\
---------------------------------------------------------------------------
\10\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\11\ 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 for a hearing to the
Assistant Secretary for Enforcement and Compliance, filed
electronically via ACCESS, by no later than 5 p.m. Eastern Time within
30 days after the date of publication of this notice in the Federal
Register. Hearing requests should contain: (1) the party's name,
address, and telephone number; (2) the number of persons from the party
attending the hearing; and (3) a list of issues to be discussed. Issues
raised in the hearing will be limited to those issues raised in the
respective case briefs. If a hearing is requested, Commerce will
announce the date and time of the hearing. Parties should confirm the
date and time of the hearing two days before the scheduled hearing
date.
All submissions to Commerce must be filed electronically via
ACCESS. An electronically filed document must be received successfully
in its entirety via ACCESS by 5:00 p.m. Eastern Time on the due
date.\12\ Note that Commerce has amended certain of its requirements
pertaining to the service of documents in section 351.303(f) of our
regulations.\13\
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\12\ See 19 CFR 351.310(c).
\13\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings; Final
Rule, 88 FR 67069 (September 29, 2023).
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Final Results of Review
Commerce intends to issue the final results of this administrative
review, which will include the results of its analysis of issues raised
in any written briefs, within 120 days of publication of these
preliminary results of review in the Federal Register, pursuant to
section 751(a)(3)(A) of the Act, unless extended.
[[Page 74921]]
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR
351.212(b)(1), upon completion of this administrative review, Commerce
shall determine, and U.S. Customs and Border Protection (CBP) shall
assess, antidumping duties on all appropriate entries of subject
merchandise covered by this review.\14\ If Interpipe's weighted-average
dumping margin in the final results of this review is not zero or de
minimis (i.e., greater than or equal to 0.5 percent), we will calculate
importer-specific ad valorem assessment rates for the merchandise by
dividing the total amount of dumping calculated for all reviewed sales
to the importer by the total entered value of the merchandise sold to
the importer.\15\ Where either Interpipe's ad valorem weighted-average
dumping margin is zero or de minimis, or an importer-specific ad
valorem assessment rate is zero or de minimis in the final results of
review, we will instruct CBP to liquidate the appropriate entries
without regard to antidumping duties.\16\
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\14\ See 19 CFR 351.212(b)(1).
\15\ Id.
\16\ See 19 CFR 351.106(c)(2); see also Antidumping Proceedings:
Calculation of the Weighted-Average Dumping Margin and Assessment
Rate in Certain Antidumping Proceedings; Final Modification, 77 FR
8101, 8102 (February 14, 2012) (Final Modification for Reviews).
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by Interpipe
for which it did not know was destined for the United States, we intend
to instruct CBP to liquidate those entries at the all-others rate
(i.e., 23.75 percent) \17\ in the original less-than-fair-value (LTFV)
investigation if there is no rate for the intermediate company(ies)
involved in the transaction.\18\
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\17\ See Order, 86 FR at 35273.
\18\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the final results of this
review in the Federal Register. If a timely summons is filed at the
U.S. Court of International Trade, Commerce 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 in effect for all
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the date of publication of the notice of
the final results of this administrative review in the Federal
Register, as provided for by section 751(a)(2)(C) of the Act: (1) the
cash deposit rate for Interpipe will be equal to the weighted-average
dumping margin established for Interpipe in the final results of this
administrative review, except if the rate is less than 0.50 percent
and, therefore, de minimis within the meaning of 19 CFR 351.106(c)(1),
then the cash deposit rate will be zero; (2) for producers or exporters
not covered in this review but that were previously reviewed or
investigated in a prior segment of this proceeding, the cash deposit
rate will continue to be the rate assigned to the company in the most
recently-completed segment of this proceeding in which the producer or
exporter was examined; (3) if the exporter of the subject merchandise
does not have a company-specific rate but the producer of the subject
merchandise does, then the cash deposit rate will be the rate assigned
to the producer of the subject merchandise in the most recently
completed segment of this proceeding in which the producer was
examined; and (4) the cash deposit rate for all other producers or
exporters will continue to be the all-others rate of 23.75 percent that
was established in the investigation in this proceeding.\19\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\19\ See Order, 86 FR at 35272.
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Notification to Importers
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during this review period. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Notification to Interested Parties
We are issuing and publishing these preliminary results of review
in accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR
351.213(h)(2) and 351.221(b)(4).
Dated: September 6, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Affiliation/Single Entity
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2024-20749 Filed 9-12-24; 8:45 am]
BILLING CODE 3510-DS-P