Circular Welded Carbon Quality Steel Pipe From the People's Republic of China: Initiation of Circumvention Inquiry on the Antidumping and Countervailing Duty Orders, 91327-91329 [2024-26890]
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Federal Register / Vol. 89, No. 223 / Tuesday, November 19, 2024 / Notices
Dated: November 12, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
ddrumheller on DSK120RN23PROD with NOTICES1
Appendix
Scope of the Investigations
The products within the scope of these
investigations are file folders consisting
primarily of paper, paperboard, pressboard,
or other cellulose material, whether coated or
uncoated, that has been folded (or creased in
preparation to be folded), glued, taped,
bound, or otherwise assembled to be suitable
for holding documents. The scope includes
all such folders, regardless of color, whether
or not expanding, whether or not laminated,
and with or without tabs, fasteners, closures,
hooks, rods, hangers, pockets, gussets, or
internal dividers. The term ‘‘primarily’’ as
used in the first sentence of this scope means
50 percent or more of the total product
weight, exclusive of the weight of fasteners,
closures, hooks, rods, hangers, removable
tabs, and similar accessories, and exclusive
of the weight of the packaging.
Subject folders have the following
dimensions in their folded and closed
position: lengths and widths of at least 8
inches and no greater than 17 inches,
regardless of depth.
The scope covers all varieties of folders,
including but not limited to manila folders,
hanging folders, fastener folders,
classification folders, expanding folders,
pockets, jackets, and wallets.
Excluded from the scope are:
• mailing envelopes with a flap bearing
one or more adhesive strips that can be used
permanently to seal the entire length of a side
such that, when sealed, the folder is closed
on all four sides;
• binders, with two or more rings to hold
documents in place, made of paperboard or
pressboard encased entirely in plastic;
• binders consisting of a front cover, back
cover, and spine, with or without a flap; to
be excluded, a mechanism with two or more
metal rings must be included on or adjacent
to the interior spine;
• non-expanding folders with a depth
exceeding 2.5 inches and that are closed or
closeable on the top, bottom, and all four
sides (e.g., boxes or cartons);
• expanding folders that have: (1) 13 or
more pockets; (2) a flap covering the top; (3)
a latching mechanism made of plastic and/
or metal to close the flap; and (4) an affixed
plastic or metal carry handle;
• folders that have an outer surface (other
than the gusset, handles, and/or closing
mechanisms, if any) that is covered entirely
with fabric, leather, and/or faux leather;
• fashion folders, which are defined as
folders with all of the following
characteristics: (1) plastic lamination
covering the entire exterior of the folder; (2)
printing, foil stamping, embossing (i.e.,
raised relief patterns that are recessed on the
opposite side), and/or debossing (i.e.,
recessed relief patterns that are raised on the
opposite side), covering the entire exterior
surface area of the folder; (3) at least two
visible and printed or foil stamped colors
(other than the color of the base paper), each
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of which separately covers no less than 10
percent of the entire exterior surface area;
and (4) patterns, pictures, designs, or artwork
covering no less than thirty percent of the
exterior surface area of the folder;
• portfolios, which are folders having: (1)
a width of at least 16 inches when open flat;
(2) no tabs or dividers; and (3) one or more
pockets that are suitable for holding letter
size documents and that cover at least 15
percent of the surface area of the relevant
interior side or sides; and
• report covers, which are folders having:
(1) no tabs, dividers, or pockets; and (2) one
or more fasteners or clips, each of which is
permanently affixed to the center fold, to
hold papers securely in place.
Imports of the subject merchandise are
provided for under Harmonized Tariff
Schedule of the United States (HTSUS)
category 4820.30.0040. Subject imports may
also enter under other HTSUS classifications.
While the HTSUS subheading is provided for
convenience and customs purposes, the
written description of the scope of these
investigations is dispositive.
[FR Doc. 2024–26889 Filed 11–18–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–910, C–570–911]
Circular Welded Carbon Quality Steel
Pipe From the People’s Republic of
China: Initiation of Circumvention
Inquiry on the Antidumping and
Countervailing Duty Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to requests from
Bull Moose Tube Company, Maruichi
American Corporation, Wheatland Tube
Company, and the United Steel, Paper
and Forestry, Rubber, Manufacturing,
Energy, Allied Industrial and Service
Workers International Union, AFL–CIO,
CLC (collectively, the domestic
interested parties), the U.S. Department
of Commerce (Commerce) is initiating a
country-wide circumvention inquiry to
determine whether circular welded
carbon quality steel pipe (CWP) from
the People’s Republic of China (China),
which is completed in the Sultanate of
Oman (Oman) from hot-rolled steel
(HRS) produced in China, is
circumventing the antidumping duty
(AD) and countervailing duty (CVD)
orders on CWP from China.
DATES: Applicable November 19, 2024.
FOR FURTHER INFORMATION CONTACT:
Krisha Hill, AD/CVD Operations, Office
IV Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
91327
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4037.
SUPPLEMENTARY INFORMATION:
Background
On July 9, 2024, pursuant to section
781(b) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR
351.226(i), the domestic interested
parties filed circumvention inquiry
requests alleging that CWP completed in
Oman using HRS manufactured in
China is circumventing the AD and CVD
Orders 1 on CWP from China and,
accordingly, should be included within
the scope of the Orders.2 On July 19,
2024, Al Jazeera Steel Products Co.
SAOG (Al Jazeera), an Omani producer
of CWP, filed comments in opposition
to the domestic interested parties’
request.3 On July 29, 2024, the domestic
interested parties filed rebuttal
comments to Al Jazeera’s July 19, 2024
comments.4
On August 12, 2024, we extended the
deadline to initiate this circumvention
inquiry by 30 days, in accordance with
19 CFR 351.226(d)(1).5
On August 28, 2024, we issued a
request for information questionnaire to
the domestic interested parties.6 In the
Request for Information, we clarified
that we issued the request because we
had found that the request to conduct
the circumvention inquiry was
insufficient for purposes of initiation, in
accordance with 19 CFR 351.226(d)(1).
Additionally, we clarified that 30-day
time period for Commerce to consider
AGENCY:
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1 See Notice of Antidumping Duty Order: Circular
Welded Carbon Quality Steel Pipe from the People’s
Republic of China, 73 FR 42547 (July 22, 2008); see
also Circular Welded Carbon Quality Steel Pipe
from the People’s Republic of China: Notice of
Amended Final Affirmative Countervailing Duty
Determination and Notice of Countervailing Duty
Order, 73 FR 42545 (July 22, 2008) (collectively,
Orders).
2 See Domestic Interested Parties’ Letter,
‘‘Circular Welded Carbon Quality Steel Pipe from
the People’s Republic of China—Request for
Circumvention Inquiry’’, dated July 9, 2024.
3 See Al Jazeera’s Letter, ‘‘Circular Welded
Carbon-Quality Steel Pipe from the People’s
Republic of China; Al Jazeera comments on
petitioners’ request for anti-circumvention inquiry,’’
dated July 19, 2024.
4 See Domestic Interested Parties’ Letter,
‘‘Circular Welded Carbon Quality Steel Pipe from
the People’s Republic of China—Response and
Rebuttal Factual Information Regarding Comments
on Request for Circumvention Inquiry,’’ dated July
29, 2024.
5 See Memorandum, ‘‘Circular Welded Carbon
Quality Steel Pipe from the People’s Republic of
China (A–570–910 and C–570–911): Extension of
Time to Determine Whether to Initiate
Circumvention Inquiry,’’ dated August 12, 2024.
6 See Commerce’s Letter, ‘‘Circumvention Request
with Respect to the Antidumping Order and
Countervailing Duty Order on Circular Welded
Carbon Quality Steel Pipe from the People’s
Republic of China: Request for Information,’’ dated
August 28, 2024 (Request for Information).
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Federal Register / Vol. 89, No. 223 / Tuesday, November 19, 2024 / Notices
whether to initiate on domestic
interested parties’ circumvention
inquiry would begin with domestic
interested parties’ response to the
Request for Information.7 Subsequently,
on September 27, 2024, the domestic
interested parties filed their response to
our request for information.8 Thus, we
consider the inquiry request to have
been filed on September 27, 2024.
On October 7, 2024, Al Jazeera filed
opposition comments in response to the
Domestic Interested Parties’ Request.9
On October 15, 2024, the domestic
interested parties filed rebuttal
comments to Al Jazeera’s Circumvention
Request.10 On October 28, 2024,
Commerce rejected both the Al Jazeera
Opposition Comments and the Domestic
Interested Party Rebuttal Comments.11
Scope of the Orders
The merchandise covered by the
scope of the Orders is CWP from China.
For a complete description of the scope
of Orders, see the Circumvention
Initiation Checklist.12
Merchandise Subject to the
Circumvention Inquiry
This circumvention inquiry covers
CWP from China, completed in Oman
using Chinese-produced HRS, and
subsequently exported from Oman to
the United States.
ddrumheller on DSK120RN23PROD with NOTICES1
7 Id.
8 See Domestic Interested Parties’ Letter,
‘‘Circular Welded Carbon Quality Steel Pipe from
the People’s Republic of China—Request for
Circumvention Inquiry,’’ dated September 27, 2024
(Circumvention Request). We note that the
Circumvention Request contained a new
circumvention allegation as well as responses to our
Request for Information. See Circumvention
Request at Appendix.
9 See Al Jazeera’s Letter, ‘‘Circular Welded
Carbon-Quality Steel Pipe from People Republic of
China: Al Jazeera comments on petitioners’ request
for anti-circumvention inquiry,’’ dated October 7,
2024 (Al Jazeera Opposition Comments).
10 See Domestic Interested Parties’ Letter,
‘‘Circular Welded Carbon Quality Steel Pipe from
the People’s Republic of China—Response and
Rebuttal Factual Information Regarding Comments
on Request for Circumvention Inquiry,’’ dated
October 15, 2024 (Domestic Interested Party
Rebuttal Comments).
11 See Commerce’s Letters, ‘‘Circumvention
Request with Respect to the Antidumping Order
and Countervailing Duty Order on Circular Welded
Carbon Quality Steel Pipe from the People’s
Republic of China: Rejection of Al Jazeera
comments on domestic interested parties’ revised
request for anti-circumvention inquiry,’’ and
‘‘Circumvention Request with Respect to the
Antidumping Order and Countervailing Duty Order
on Circular Welded Carbon Quality Steel Pipe from
the People’s Republic of China: Rejection of
Response and Rebuttal Factual Information
Regarding Comments on Request for Circumvention
Inquiry,’’ both dated October 28, 2024
12 For a complete description of the scope of the
Orders, see Checklist, ‘‘Circular Welded Carbon
Quality Steel Pipe from the People’s Republic of
China (Circumvention Initiation Checklist).
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Initiation of Circumvention Inquiry
Section 351.226(d) of Commerce’s
regulations states that if Commerce
determines that a request for a
circumvention inquiry satisfies the
requirements of 19 CFR 351.226(c), then
Commerce ‘‘will accept the request and
initiate a circumvention inquiry.’’
Section 351.226(c)(1) of Commerce’s
regulations, in turn, requires that each
circumvention inquiry request alleges
‘‘that the elements necessary for a
circumvention determination under
section 781 of the Act exist’’ and be
‘‘accompanied by information
reasonably available to the interested
party supporting these allegations.’’ The
domestic interested parties alleged
circumvention pursuant to section
781(b) of the Act, which pertains to
merchandise completed or assembled in
other foreign countries.
Section 781(b)(1) of the Act provides
that Commerce may find circumvention
of an AD or CVD order when
merchandise of the same class or kind
subject to the order is completed or
assembled in a foreign country other
than the country to which the order
applies. In conducting a circumvention
inquiry, under section 781(b)(1) of the
Act, Commerce relies on the following
criteria: (A) merchandise imported into
the United States is of the same class or
kind as any merchandise produced in a
foreign country that is the subject of an
AD or CVD order or finding; (B) before
importation into the United States, such
imported merchandise is completed or
assembled in another foreign country
from merchandise which is subject to
the order or merchandise which is
produced in the foreign country that is
subject to the order; (C) the process of
assembly or completion in the foreign
country referred to in section (B) is
minor or insignificant; (D) the value of
the merchandise produced in the
foreign country to which the AD or CVD
order applies is a significant portion of
the total value of the merchandise
exported to the United States; and (E)
the administering authority determines
that action is appropriate to prevent
evasion of such order or finding.
In determining whether the process of
assembly or completion in a third
country is minor or insignificant under
section 781(b)(1)(C) of the Act, section
781(b)(2) of the Act directs Commerce to
consider: (A) the level of investment in
the foreign country; (B) the level of
research and development in the foreign
country; (C) the nature of the production
process in the foreign country; (D) the
extent of production facilities in the
foreign country; and (E) whether or not
the value of processing performed in the
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foreign country represents a small
proportion of the value of the
merchandise imported into the United
States. However, no single factor, by
itself, controls Commerce’s
determination of whether the process of
assembly or completion in a third
country is minor or insignificant.13
Accordingly, it is Commerce’s practice
to evaluate each of these five factors,
depending on the totality of the
circumstances of the particular
circumvention inquiry.14
In addition, section 781(b)(3) of the
Act sets forth additional factors to
consider in determining whether to
include merchandise assembled or
completed in a third country within the
scope of an AD or CVD order.
Specifically, Commerce shall take into
account such factors as: (A) the pattern
of trade, including sourcing patterns; (B)
whether the manufacturer or exporter of
the merchandise is affiliated with the
person who, in the third country, uses
the merchandise to complete or
assemble the merchandise which is
subsequently imported into the United
States; and (C) whether imports of the
merchandise into the third country have
increased after the initiation of the
investigation that resulted in the
issuance of such order or finding.
Based on our analysis of the domestic
interested parties’ circumvention
request, Commerce determines that the
domestic interested parties have
satisfied the criteria under 19 CFR
351.226(c) to warrant the initiations of
circumvention inquiries of these Orders.
Therefore, pursuant to 19 CFR
351.226(d)(1)(ii), we are initiating the
requested circumvention inquiries. For
a full discussion of the basis for our
decisions to initiate these
circumvention inquiries, see the
Circumvention Initiation Checklist.15 As
explained in the Circumvention
Initiation Checklist, the information
provided by the domestic interested
parties in this instance warrants
initiating this circumvention inquiry on
a country-wide basis. Commerce has
taken this approach in prior
circumvention inquiries, where the facts
13 See Statement of Administrative Action
Accompanying the Uruguay Round Agreements
Act, H.R. Doc. No. 103–316, Vol. 1 (1994) (SAA),
at 893.
14 See Uncovered Innerspring Units from the
People’s Republic of China: Final Affirmative
Determination of Circumvention of the
Antidumping Duty Order, 83 FR 65626 (December
21, 2018), and accompanying Issues and Decision
Memorandum at 4.
15 See Circumvention Initiation Checklist. The
Circumvention Initiation Checklist is a public
document available electronically online via
Enforcement and Compliance’s Antidumping and
Countervailing Duty Centralized Electronic Service
System (ACCESS).
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Federal Register / Vol. 89, No. 223 / Tuesday, November 19, 2024 / Notices
warranted initiation on a country-wide
basis.16
Consistent with the approach in the
prior circumvention inquiries that we
initiated on a country-wide basis,
Commerce intends to issue
questionnaires to solicit information
from producers and exporters in Oman
concerning their shipments of CWP,
made from Chinese-origin HRS, to the
United States. A company’s failure to
respond completely to Commerce’s
requests for information may result in
the application of partial or total facts
available, pursuant to section 776(a) of
the Act, which may include adverse
inferences, pursuant to section 776(b) of
the Act.
ddrumheller on DSK120RN23PROD with NOTICES1
Suspension of Liquidation
Pursuant to 19 CFR 351.226(l)(1),
Commerce will notify U.S. Customs and
Border Protection (CBP) of the initiation
and direct CBP to continue the
suspension of liquidation of entries of
products subject to the circumvention
inquiry that were already subject to the
suspension of liquidation under the
Orders. Should Commerce issue
preliminary or final circumvention
determinations, Commerce will follow
the suspension of liquidation rules
under 19 CFR 351.226(l)(2)–(4).
initiate this inquiry as provided above
and in the accompanying
Circumvention Initiation Checklist.17 In
accordance with 19 CFR 351.226(e)(2),
Commerce intends to issue its final
circumvention determination within
300 days from the date of publication of
the notice of initiation of a
circumvention inquiry in the Federal
Register.
This notice is published in
accordance with section 781(b) of the
Act and 19 CFR 351.226(d)(1)(ii).
Dated: November 12, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2024–26890 Filed 11–18–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–823–815]
Oil Country Tubular Goods From
Ukraine: Final Results of Antidumping
Duty Administrative Review; 2022–
2023
Notification to Interested Parties
In accordance with 19 CFR 351.226(d)
and section 781(b) of the Act, Commerce
determines that the domestic interested
parties’ requests for this circumvention
inquiry satisfies the requirements of 19
CFR 351.226(c). Accordingly, Commerce
is notifying all interested parties of the
initiation of this circumvention inquiry
to determine whether certain imports of
CWP from China, completed in and
exported from Oman using HRS inputs
manufactured in China, are
circumventing the Orders. In addition,
we have included a description of the
products that are the subject of this
inquiry, and an explanation of the
reasons for Commerce’s decision to
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
oil country tubular goods (OCTG) from
Ukraine were sold at prices below
normal value during the period of
review (POR) July 1, 2022, through June
30, 2023.
DATES: Applicable November 19, 2024.
FOR FURTHER INFORMATION CONTACT: Toni
Page, 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) 482–1398.
SUPPLEMENTARY INFORMATION:
16 See, e.g., Certain Corrosion-Resistant Steel
Products from the Republic of Korea and Taiwan:
Initiation of Anti-Circumvention Inquiries on the
Antidumping Duty and Countervailing Duty Orders,
83 FR 37785 (August 2, 2018); Carbon Steel ButtWeld Pipe Fittings from the People’s Republic of
China: Initiation of Anti-Circumvention Inquiry on
the Antidumping Duty Order, 82 FR 40556, 40560
(August 25, 2017) (stating at initiation that
Commerce would evaluate the extent to which a
country-wide finding applicable to all exports
might be warranted); and Certain CorrosionResistant Steel Products from the People’s Republic
of China: Initiation of Anti-Circumvention Inquiries
on the Antidumping Duty and Countervailing Duty
Orders, 81 FR 79454, 79458 (November 14, 2016)
(stating at initiation that Commerce would evaluate
the extent to which a country-wide finding
applicable to all exports might be warranted).
17 See Circumvention Initiation Checklist.
1 See Oil Country Tubular Goods from Ukraine:
Preliminary Results of Antidumping Duty
Administrative Review; 2022–2023, 89 FR 64872
(August 8, 2024) (Preliminary Results), and
accompanying Preliminary Decision Memorandum
(PDM).
2 Commerce has previously determined that
Interpipe Europe S.A.; Interpipe Ukraine LLC; PJSC
Interpipe Niznedneprovsky Tube Rolling Plant; and
LLC Interpipe Niko Tube are affiliated and treated
as a single entity (i.e., Interpipe). See Preliminary
Results PDM at ‘‘Summary.’’
3 See Interpipe’s Letter, ‘‘Case Brief for Interpipe,’’
dated September 9, 2024; see also Vallourec’s
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17:42 Nov 18, 2024
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91329
Background
On August 8, 2024, Commerce
published the Preliminary Results of
this administrative review.1 Interpipe,2
the sole mandatory respondent, and the
domestic interested party, Vallourec
Star, L.P. (Vallourec), each submitted
comments on the Preliminary Results.3
On July 22, 2024, Commerce tolled
certain deadlines in this administrative
proceeding by seven days.4 The
deadline for these final results is now
December 6, 2024.
A summary of the events that
occurred since Commerce published the
Preliminary Results, may be found in
the Issues and Decision Memorandum.5
Commerce conducted this review in
accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act).
Scope of the Order 6
The products covered by the Order
are OCTG from Ukraine. For a full
description of the scope, see the Issues
and Decision Memorandum.
Analysis of Comments Received
All issues raised in Interpipe’s case
brief and Vallourec’s letter in lieu of a
rebuttal brief are addressed in the Issues
and Decision Memorandum. A list of
these issues is attached as an appendix
to this notice. The Issues and Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
Final Results of Review
We have calculated the following
estimated weighted-average dumping
margin for Interpipe for the POR, July 1,
2022, through June 30, 2023:
Letter, ‘‘Letter in Lieu of Rebuttal Brief,’’ dated
September 16, 2024.
4 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
5 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the
Antidumping Duty Administrative Review: Oil
Country Tubular Goods from Ukraine, 2022–2023,’’
dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
6 See Termination of the Suspension Agreement
on Certain Oil Country Tubular Goods from
Ukraine, Rescission of Administrative Review, and
Issuance of Antidumping Duty Order, 84 FR 33918
(July 16, 2019) (Order).
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]]>Agencies
[Federal Register Volume 89, Number 223 (Tuesday, November 19, 2024)]
[Notices]
[Pages 91327-91329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26890]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-910, C-570-911]
Circular Welded Carbon Quality Steel Pipe From the People's
Republic of China: Initiation of Circumvention Inquiry on the
Antidumping and Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: In response to requests from Bull Moose Tube Company, Maruichi
American Corporation, Wheatland Tube Company, and the United Steel,
Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial
and Service Workers International Union, AFL-CIO, CLC (collectively,
the domestic interested parties), the U.S. Department of Commerce
(Commerce) is initiating a country-wide circumvention inquiry to
determine whether circular welded carbon quality steel pipe (CWP) from
the People's Republic of China (China), which is completed in the
Sultanate of Oman (Oman) from hot-rolled steel (HRS) produced in China,
is circumventing the antidumping duty (AD) and countervailing duty
(CVD) orders on CWP from China.
DATES: Applicable November 19, 2024.
FOR FURTHER INFORMATION CONTACT: Krisha Hill, 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) 482-4037.
SUPPLEMENTARY INFORMATION:
Background
On July 9, 2024, pursuant to section 781(b) of the Tariff Act of
1930, as amended (the Act), and 19 CFR 351.226(i), the domestic
interested parties filed circumvention inquiry requests alleging that
CWP completed in Oman using HRS manufactured in China is circumventing
the AD and CVD Orders \1\ on CWP from China and, accordingly, should be
included within the scope of the Orders.\2\ On July 19, 2024, Al
Jazeera Steel Products Co. SAOG (Al Jazeera), an Omani producer of CWP,
filed comments in opposition to the domestic interested parties'
request.\3\ On July 29, 2024, the domestic interested parties filed
rebuttal comments to Al Jazeera's July 19, 2024 comments.\4\
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\1\ See Notice of Antidumping Duty Order: Circular Welded Carbon
Quality Steel Pipe from the People's Republic of China, 73 FR 42547
(July 22, 2008); see also Circular Welded Carbon Quality Steel Pipe
from the People's Republic of China: Notice of Amended Final
Affirmative Countervailing Duty Determination and Notice of
Countervailing Duty Order, 73 FR 42545 (July 22, 2008)
(collectively, Orders).
\2\ See Domestic Interested Parties' Letter, ``Circular Welded
Carbon Quality Steel Pipe from the People's Republic of China--
Request for Circumvention Inquiry'', dated July 9, 2024.
\3\ See Al Jazeera's Letter, ``Circular Welded Carbon-Quality
Steel Pipe from the People's Republic of China; Al Jazeera comments
on petitioners' request for anti-circumvention inquiry,'' dated July
19, 2024.
\4\ See Domestic Interested Parties' Letter, ``Circular Welded
Carbon Quality Steel Pipe from the People's Republic of China--
Response and Rebuttal Factual Information Regarding Comments on
Request for Circumvention Inquiry,'' dated July 29, 2024.
---------------------------------------------------------------------------
On August 12, 2024, we extended the deadline to initiate this
circumvention inquiry by 30 days, in accordance with 19 CFR
351.226(d)(1).\5\
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\5\ See Memorandum, ``Circular Welded Carbon Quality Steel Pipe
from the People's Republic of China (A-570-910 and C-570-911):
Extension of Time to Determine Whether to Initiate Circumvention
Inquiry,'' dated August 12, 2024.
---------------------------------------------------------------------------
On August 28, 2024, we issued a request for information
questionnaire to the domestic interested parties.\6\ In the Request for
Information, we clarified that we issued the request because we had
found that the request to conduct the circumvention inquiry was
insufficient for purposes of initiation, in accordance with 19 CFR
351.226(d)(1). Additionally, we clarified that 30-day time period for
Commerce to consider
[[Page 91328]]
whether to initiate on domestic interested parties' circumvention
inquiry would begin with domestic interested parties' response to the
Request for Information.\7\ Subsequently, on September 27, 2024, the
domestic interested parties filed their response to our request for
information.\8\ Thus, we consider the inquiry request to have been
filed on September 27, 2024.
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\6\ See Commerce's Letter, ``Circumvention Request with Respect
to the Antidumping Order and Countervailing Duty Order on Circular
Welded Carbon Quality Steel Pipe from the People's Republic of
China: Request for Information,'' dated August 28, 2024 (Request for
Information).
\7\ Id.
\8\ See Domestic Interested Parties' Letter, ``Circular Welded
Carbon Quality Steel Pipe from the People's Republic of China--
Request for Circumvention Inquiry,'' dated September 27, 2024
(Circumvention Request). We note that the Circumvention Request
contained a new circumvention allegation as well as responses to our
Request for Information. See Circumvention Request at Appendix.
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On October 7, 2024, Al Jazeera filed opposition comments in
response to the Domestic Interested Parties' Request.\9\ On October 15,
2024, the domestic interested parties filed rebuttal comments to Al
Jazeera's Circumvention Request.\10\ On October 28, 2024, Commerce
rejected both the Al Jazeera Opposition Comments and the Domestic
Interested Party Rebuttal Comments.\11\
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\9\ See Al Jazeera's Letter, ``Circular Welded Carbon-Quality
Steel Pipe from People Republic of China: Al Jazeera comments on
petitioners' request for anti-circumvention inquiry,'' dated October
7, 2024 (Al Jazeera Opposition Comments).
\10\ See Domestic Interested Parties' Letter, ``Circular Welded
Carbon Quality Steel Pipe from the People's Republic of China--
Response and Rebuttal Factual Information Regarding Comments on
Request for Circumvention Inquiry,'' dated October 15, 2024
(Domestic Interested Party Rebuttal Comments).
\11\ See Commerce's Letters, ``Circumvention Request with
Respect to the Antidumping Order and Countervailing Duty Order on
Circular Welded Carbon Quality Steel Pipe from the People's Republic
of China: Rejection of Al Jazeera comments on domestic interested
parties' revised request for anti-circumvention inquiry,'' and
``Circumvention Request with Respect to the Antidumping Order and
Countervailing Duty Order on Circular Welded Carbon Quality Steel
Pipe from the People's Republic of China: Rejection of Response and
Rebuttal Factual Information Regarding Comments on Request for
Circumvention Inquiry,'' both dated October 28, 2024
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Scope of the Orders
The merchandise covered by the scope of the Orders is CWP from
China. For a complete description of the scope of Orders, see the
Circumvention Initiation Checklist.\12\
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\12\ For a complete description of the scope of the Orders, see
Checklist, ``Circular Welded Carbon Quality Steel Pipe from the
People's Republic of China (Circumvention Initiation Checklist).
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Merchandise Subject to the Circumvention Inquiry
This circumvention inquiry covers CWP from China, completed in Oman
using Chinese-produced HRS, and subsequently exported from Oman to the
United States.
Initiation of Circumvention Inquiry
Section 351.226(d) of Commerce's regulations states that if
Commerce determines that a request for a circumvention inquiry
satisfies the requirements of 19 CFR 351.226(c), then Commerce ``will
accept the request and initiate a circumvention inquiry.'' Section
351.226(c)(1) of Commerce's regulations, in turn, requires that each
circumvention inquiry request alleges ``that the elements necessary for
a circumvention determination under section 781 of the Act exist'' and
be ``accompanied by information reasonably available to the interested
party supporting these allegations.'' The domestic interested parties
alleged circumvention pursuant to section 781(b) of the Act, which
pertains to merchandise completed or assembled in other foreign
countries.
Section 781(b)(1) of the Act provides that Commerce may find
circumvention of an AD or CVD order when merchandise of the same class
or kind subject to the order is completed or assembled in a foreign
country other than the country to which the order applies. In
conducting a circumvention inquiry, under section 781(b)(1) of the Act,
Commerce relies on the following criteria: (A) merchandise imported
into the United States is of the same class or kind as any merchandise
produced in a foreign country that is the subject of an AD or CVD order
or finding; (B) before importation into the United States, such
imported merchandise is completed or assembled in another foreign
country from merchandise which is subject to the order or merchandise
which is produced in the foreign country that is subject to the order;
(C) the process of assembly or completion in the foreign country
referred to in section (B) is minor or insignificant; (D) the value of
the merchandise produced in the foreign country to which the AD or CVD
order applies is a significant portion of the total value of the
merchandise exported to the United States; and (E) the administering
authority determines that action is appropriate to prevent evasion of
such order or finding.
In determining whether the process of assembly or completion in a
third country is minor or insignificant under section 781(b)(1)(C) of
the Act, section 781(b)(2) of the Act directs Commerce to consider: (A)
the level of investment in the foreign country; (B) the level of
research and development in the foreign country; (C) the nature of the
production process in the foreign country; (D) the extent of production
facilities in the foreign country; and (E) whether or not the value of
processing performed in the foreign country represents a small
proportion of the value of the merchandise imported into the United
States. However, no single factor, by itself, controls Commerce's
determination of whether the process of assembly or completion in a
third country is minor or insignificant.\13\ Accordingly, it is
Commerce's practice to evaluate each of these five factors, depending
on the totality of the circumstances of the particular circumvention
inquiry.\14\
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\13\ See Statement of Administrative Action Accompanying the
Uruguay Round Agreements Act, H.R. Doc. No. 103-316, Vol. 1 (1994)
(SAA), at 893.
\14\ See Uncovered Innerspring Units from the People's Republic
of China: Final Affirmative Determination of Circumvention of the
Antidumping Duty Order, 83 FR 65626 (December 21, 2018), and
accompanying Issues and Decision Memorandum at 4.
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In addition, section 781(b)(3) of the Act sets forth additional
factors to consider in determining whether to include merchandise
assembled or completed in a third country within the scope of an AD or
CVD order. Specifically, Commerce shall take into account such factors
as: (A) the pattern of trade, including sourcing patterns; (B) whether
the manufacturer or exporter of the merchandise is affiliated with the
person who, in the third country, uses the merchandise to complete or
assemble the merchandise which is subsequently imported into the United
States; and (C) whether imports of the merchandise into the third
country have increased after the initiation of the investigation that
resulted in the issuance of such order or finding.
Based on our analysis of the domestic interested parties'
circumvention request, Commerce determines that the domestic interested
parties have satisfied the criteria under 19 CFR 351.226(c) to warrant
the initiations of circumvention inquiries of these Orders. Therefore,
pursuant to 19 CFR 351.226(d)(1)(ii), we are initiating the requested
circumvention inquiries. For a full discussion of the basis for our
decisions to initiate these circumvention inquiries, see the
Circumvention Initiation Checklist.\15\ As explained in the
Circumvention Initiation Checklist, the information provided by the
domestic interested parties in this instance warrants initiating this
circumvention inquiry on a country-wide basis. Commerce has taken this
approach in prior circumvention inquiries, where the facts
[[Page 91329]]
warranted initiation on a country-wide basis.\16\
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\15\ See Circumvention Initiation Checklist. The Circumvention
Initiation Checklist is a public document available electronically
online via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
\16\ See, e.g., Certain Corrosion-Resistant Steel Products from
the Republic of Korea and Taiwan: Initiation of Anti-Circumvention
Inquiries on the Antidumping Duty and Countervailing Duty Orders, 83
FR 37785 (August 2, 2018); Carbon Steel Butt-Weld Pipe Fittings from
the People's Republic of China: Initiation of Anti-Circumvention
Inquiry on the Antidumping Duty Order, 82 FR 40556, 40560 (August
25, 2017) (stating at initiation that Commerce would evaluate the
extent to which a country-wide finding applicable to all exports
might be warranted); and Certain Corrosion-Resistant Steel Products
from the People's Republic of China: Initiation of Anti-
Circumvention Inquiries on the Antidumping Duty and Countervailing
Duty Orders, 81 FR 79454, 79458 (November 14, 2016) (stating at
initiation that Commerce would evaluate the extent to which a
country-wide finding applicable to all exports might be warranted).
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Consistent with the approach in the prior circumvention inquiries
that we initiated on a country-wide basis, Commerce intends to issue
questionnaires to solicit information from producers and exporters in
Oman concerning their shipments of CWP, made from Chinese-origin HRS,
to the United States. A company's failure to respond completely to
Commerce's requests for information may result in the application of
partial or total facts available, pursuant to section 776(a) of the
Act, which may include adverse inferences, pursuant to section 776(b)
of the Act.
Suspension of Liquidation
Pursuant to 19 CFR 351.226(l)(1), Commerce will notify U.S. Customs
and Border Protection (CBP) of the initiation and direct CBP to
continue the suspension of liquidation of entries of products subject
to the circumvention inquiry that were already subject to the
suspension of liquidation under the Orders. Should Commerce issue
preliminary or final circumvention determinations, Commerce will follow
the suspension of liquidation rules under 19 CFR 351.226(l)(2)-(4).
Notification to Interested Parties
In accordance with 19 CFR 351.226(d) and section 781(b) of the Act,
Commerce determines that the domestic interested parties' requests for
this circumvention inquiry satisfies the requirements of 19 CFR
351.226(c). Accordingly, Commerce is notifying all interested parties
of the initiation of this circumvention inquiry to determine whether
certain imports of CWP from China, completed in and exported from Oman
using HRS inputs manufactured in China, are circumventing the Orders.
In addition, we have included a description of the products that are
the subject of this inquiry, and an explanation of the reasons for
Commerce's decision to initiate this inquiry as provided above and in
the accompanying Circumvention Initiation Checklist.\17\ In accordance
with 19 CFR 351.226(e)(2), Commerce intends to issue its final
circumvention determination within 300 days from the date of
publication of the notice of initiation of a circumvention inquiry in
the Federal Register.
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\17\ See Circumvention Initiation Checklist.
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This notice is published in accordance with section 781(b) of the
Act and 19 CFR 351.226(d)(1)(ii).
Dated: November 12, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2024-26890 Filed 11-18-24; 8:45 am]
BILLING CODE 3510-DS-P
