[Federal Register Volume 88, Number 40 (Wednesday, March 1, 2023)]
[Notices]
[Pages 12917-12918]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04161]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-502]
Certain Welded Carbon Steel Standard Pipes and Tubes From India:
Final Negative Determinations of Circumvention of the Antidumping Duty
Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
imports of certain welded carbon steel standard pipes and tubes (pipe
and tube), completed in Oman and the United Arab Emirates (UAE) from
hot-rolled steel (HRS) produced in India, are not circumventing the
antidumping duty (AD) order on pipe and tube from India.
DATES: Applicable March 1, 2023.
FOR FURTHER INFORMATION CONTACT: Jacob Keller or Dusten Hom, AD/CVD
Operations, Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4849 or (202) 482-5075,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 26, 2022, Commerce published in the Federal Register its
Preliminary Determination that imports of pipe and tube completed in
Oman and the UAE are not circumventing the Order.\1\ On December 9,
2022, Commerce extended the deadline for the final determination of
these circumvention inquiries to February 22, 2022.\2\ For a summary of
events that occurred since Commerce published the Preliminary
Determination, as well as a full discussion of the issues raised by
[[Page 12918]]
parties for the final determinations, see the Issues and Decision
Memorandum.\3\ 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.
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\1\ See Certain Welded Carbon Steel Standard Pipes and Tubes
from India: Preliminary Negative Determinations of Circumvention of
the Antidumping Order, 87 FR 52507 (August 26, 2022) (Preliminary
Determination), and accompanying Preliminary Decision Memorandum;
see also Certain Welded Carbon Steel Standard Pipes and Tubes from
India, 51 FR 17384 (May 12, 1986) (Order).
\2\ See Memorandum, ``Extension of Final Determination,'' dated
December 9, 2022.
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Circumvention Inquiry of the Antidumping Duty Order on Certain
Welded Carbon Steel Standard Pipes and Tubes from India,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
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Scope of the Order 4
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\4\ See Order.
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The products covered by the Order include certain welded carbon
steel standard pipes and tubes with an outside diameter of 0.375 inch
or more but not over 16 inches. For a full description of the scope of
the Order, see the Issues and Decision Memorandum.
Merchandise Subject to the Circumvention Inquiries
These circumvention inquiries cover pipe and tube completed in Oman
and the UAE using Indian-origin HRS and subsequently exported from Oman
and the UAE to the United States.
Methodology
Commerce is conducting these circumvention inquiries in accordance
with section 781(b) of the Tariff Act of 1930, as amended (the Act),
and 19 CFR 351.226. See Preliminary Decision Memorandum for a full
description of the methodology.\5\ We have continued to apply this
methodology except where otherwise noted, and incorporate by reference
this description of the methodology, for our final determination.\6\
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\5\ See Preliminary Decision Memorandum at 10-24.
\6\ See Issues and Decision Memorandum at 4.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties in
these inquiries are addressed in the Issues and Decision Memorandum. A
list of the issues raised is attached to this notice at the appendix.
Based on our analysis of the comments received from interested
parties, we made certain revisions to the Preliminary Determination.
For Conares, we revised our pattern of trade and sourcing analysis to
include Indian HRS shipments from a trading company based on
information obtained during verification. For Universal, we revised our
pattern of trade and sourcing analysis using the appropriate databases
submitted with Universal's initial questionnaire response to include
all Indian HRS purchases. The Issues and Decision Memorandum contains
explanations of these revisions.
Final Negative Determinations of Circumvention
As detailed in the Issues and Decision Memorandum, Commerce
determines that pipe and tube completed in Oman and the UAE using
Indian-origin HRS and subsequently exported from Oman or the UAE to the
United States are not circumventing the Order. Accordingly, Commerce is
making a negative finding of circumvention of the Order.
Suspension of Liquidation
Pursuant to 19 CFR 351.226(l)(4), Commerce will order U.S. Customs
and Border Protection (CBP) to terminate the suspension of liquidation
and refund cash deposits for any imports of inquiry merchandise that
are suspended under the case number applicable to this proceeding
(i.e., A-533-502). Commerce will instruct CBP to continue to suspend
imports of inquiry merchandise suspended under other case numbers
(e.g., A-520-807, A-523-812) until specific liquidation instructions
are issued.
Administrative Protective Order
This notice will serve as the only reminder to all parties subject
to administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return/destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is a sanctionable violation.
Notification to Interested Parties
This determination is issued and published in accordance with
section 781(b) of the Act and 19 CFR 351.226(g)(2).
Dated: February 22, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Merchandise Subject to the Circumvention Inquiry
IV. Scope of the Order
V. Changes from the Preliminary Determination
VI. Discussion of the Issues
Comment 1: Whether the Factors Under Section 781(b)(3) of the
Act Are Determinative and Controlling
Comment 2: Whether Commerce Should Assign Adverse Facts
Available (AFA) to Conares Metal Supply Limited (Conares)
Comment 3: Whether a Cash Deposit Rate Disparity Existed Between
India, Oman, and the UAE During the Inquiry Period
Comment 4: Whether Pattern of Trade and Other Factors Under
Section 781(b)(3) of the Act Support an Affirmative Determination of
Circumvention
Comment 5: Whether a Single Product Can Be Subject to Two AD
Orders
Comment 6: Whether the Production of Pipe and Tube Is Minor or
Insignificant Under Section 781(b)(2) of the Act
Comment 7: Whether the Merchandise Completed in the Subject
Country Is a Significant Portion of the Value of the Merchandise
Exported to the United States
VII. Recommendation
[FR Doc. 2023-04161 Filed 2-28-23; 8:45 am]
BILLING CODE 3510-DS-P