[Federal Register Volume 85, Number 90 (Friday, May 8, 2020)]
[Notices]
[Pages 27359-27361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09905]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-485-805]
Certain Small Diameter Carbon and Alloy Seamless Standard, Line
and Pressure Pipe From Romania: Preliminary Results of Antidumping Duty
Administrative Review and Preliminary Determination of No Shipments;
2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that S.C. Silcotub S.A. (Silcotub), a producer/exporter of certain
small diameter carbon and alloy seamless standard, line and pressure
pipe (small diameter seamless pipe) from Romania, did not sell subject
merchandise at prices below normal value (NV) during the period of
review (POR) August 1, 2018 through July 31, 2019. In addition,
Commerce preliminarily determines that ArcelorMittal Tubular Products
Roman S.A. (ArcelorMittal) had no shipments of subject merchandise
during the POR. We invite interested parties to comment on these
preliminary results.
DATES: Applicable May 8, 2020.
FOR FURTHER INFORMATION CONTACT: Kate Johnson or Samantha Kinney, AD/
CVD Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-4929 or (202)
482-2285, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 7, 2019, in accordance with 19 CFR 351.221(c)(1)(i),
Commerce published a notice of initiation of an administrative review
of the antidumping duty order on small diameter seamless pipe from
Romania covering four producers/exporters.\1\ On October 15, 2019,
United States Steel Corporation (the petitioner) withdrew its request
for administrative review of SC TMK-Artrom S.A. (TMK-Artrom) and SC
Tubinox S.A. (Tubinox).\2\ Based on this request, we rescinded this
review with respect to TMK-Artrom and Tubinox, in accordance with 19
CFR 351.213(d)(1).\3\ The administrative review remains active with
respect to the two remaining companies for which a review was
initiated, i.e., ArcelorMittal and Silcotub.
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 53411 (October 7, 2019).
\2\ See Petitioner's Letter,'' Carbon and Alloy Seamless
Standard Line, and Pressure Pipe (Under 4.5 Inches) from Romania:
Partial Withdrawal of Request for Administrative Review of
Antidumping Duty Order,'' dated October 15, 2019.
\3\ See Carbon and Alloy Seamless Standard, Line and Pressure
Pipe (Under 4.5 Inches) from Romania: Partial Rescission of
Antidumping Duty Administrative Review; 2018-2019, 84 FR 58684
(November 1, 2019).
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On April 24, 2020, Commerce tolled all deadlines in administrative
reviews by 50 days, thereby extending the deadline for these results
until June 22, 2020.\4\
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\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews in Response to
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
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Scope of the Order
The merchandise covered by the Order \5\ is small diameter seamless
pipe from Romania. The product is currently classified under
subheadings 7304.10.10.20, 7304.10.50.20, 7304.19.10.20, 7304.19.50.20,
7304.31.30.00, 7304.31.60.50, 7304.39.00.16, 7304.39.00.20,
7304.39.00.24, 7304.39.00.28, 7304.39.00.32, 7304.51.50.05,
7304.51.50.60, 7304.59.60.00, 7304.59.80.10, 7304.59.80.15,
7304.59.80.20, and 7304.59.80.25 of the Harmonized Tariff Schedule of
the United States (HTSUS). Although the HTSUS subheadings are provided
for convenience and customs purposes, the written description of
merchandise subject to the scope is dispositive. For a full description
of the Scope of the Order, see the Preliminary Decision Memorandum.\6\
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\5\ See Notice of Amended Final Determination of Sales at Less
Than Fair Value and Antidumping Duty Order: Certain Small Diameter
Carbon and Alloy Seamless Standard, Line and Pressure Pipe from
Romania, 65 FR 48963 (August 10, 2000) (Order).
\6\ See Memorandum, ``Certain Small Diameter Carbon and Alloy
Seamless Standard, Line and Pressure Pipe from Romania: Decision
Memorandum for Preliminary Results of Antidumping Duty
Administrative Review and Preliminary Determination of No Shipments;
2018-2019,'' dated concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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Methodology
Commerce is conducting this review in accordance with sections
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act).
Constructed export price (CEP) is calculated in accordance with section
772 of the Act. NV is calculated in accordance with section 773 of the
Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. The Preliminary
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at http://access.trade.gov. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed at
http://enforcement.trade.gov/frn/index.html. The signed and electronic
versions of the Preliminary Decision Memorandum are identical in
content. A list of the topics discussed in the Preliminary Decision
Memorandum is attached as an appendix to this notice.
Preliminary Determination of No Shipments
We preliminarily determine that ArcelorMittal had no shipments of
the subject merchandise to the United States during the POR.\7\
Consistent with its practice, Commerce finds that it is not appropriate
to preliminarily rescind the review with respect to ArcelorMittal, but
rather to complete the review and issue appropriate instructions to CBP
based on the final results of this review.
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\7\ Id.
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Preliminary Results of Review
As a result of this review, Commerce preliminarily determines that
the following weighted-average dumping margin exists for the period
August 1, 2018 through July 31, 2019:
[[Page 27360]]
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Weighted-
average
Producer/exporter dumping margin
percent)
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S.C. Silcotub S.A....................................... 0.00
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Disclosure and Public Comment
Commerce intends to disclose the calculations performed in
connection with these preliminary results to interested parties within
five days after the date of publication of this notice in accordance
with 19 CFR 351.224(b).
Interested parties may submit case briefs to Commerce no later than
30 days after the date of publication of this notice.\8\ Rebuttal
briefs, limited to issues raised in the case briefs, may be filed no
later than seven days after the date for filing case briefs.\9\ Note
that Commerce has temporarily modified certain of its requirements for
serving documents containing business proprietary information, until
May 19, 2020, unless extended.\10\ Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or rebuttal briefs in this
proceeding are encouraged to submit with each argument: (1) A statement
of the issue; (2) a brief summary of the argument; and (3) a table of
authorities.
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\8\ See 19 CFR 351.309(c)(1)(ii).
\9\ See 19 CFR 351.309(d); see also Temporary Rule Modifying AD/
CVD Service Requirements Due to COVID-19, 85 FR 17006 (March 26,
2020) (Temporary Rule) (``To provide adequate time for release of
case briefs via ACCESS, E&C intends to schedule the due date for all
rebuttal briefs to be 7 days after case briefs are filed (while
these modifications are in effect).'').
\10\ See Temporary Rule.
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All submissions to Commerce must be filed electronically using
Enforcement and Compliance's electronic records system, ACCESS,\11\ and
must also be served on interested parties.\12\ An electronically filed
document must be received successfully in its entirety by ACCESS, by
5:00 p.m. Eastern Time on the date that the document is due.
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\11\ See 19 CFR 351.303.
\12\ See 19 CFR 351.303(f).
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Interested parties who wish to request a hearing must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, U.S. Department of Commerce, using ACCESS within 30 days of
publication of this notice.\13\ Requests should contain: (1) The
party's name, address, and telephone number; (2) the number of
participants; and (3) a list of issues to be discussed. Issues raised
in the hearing will be limited to issues raised in the respective case
and rebuttal briefs. If a request for a hearing is made, Commerce
intends to hold the hearing at the U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230, 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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\13\ See 19 CFR 351.310(c).
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Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act and 19 CFR 351.213(h)(2), Commerce intends to issue the final
results of this administrative review, including the results of its
analysis of issues raised in any written briefs, not later than 120
days after the date of publication of this notice.
Assessment Rates
Upon issuance of the final results, Commerce shall determine, and
CBP shall assess, antidumping duties on all appropriate entries covered
by this review.\14\
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\14\ See 19 CFR 351.212(b)(1).
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If Silcotub's calculated weighted-average dumping margin is above
de minimis (i.e., greater than or equal to 0.50 percent) in the final
results of this review, we will calculate importer-specific ad valorem
duty assessment rates based on the ratio of the total amount of
antidumping duties calculated for the examined sales to the total
entered value of the examined sales to that importer, and we will
instruct CBP to assess antidumping duties on all appropriate entries
covered by this review. If Silcotub's weighted-average dumping margin
continues to be zero or de minimis, or an importer-specific assessment
rate is zero or de minimis, we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties.\15\
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\15\ See 19 CFR 351.106(c)(2).
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In accordance with the Department's ``automatic assessment''
practice, for entries of subject merchandise during the POR produced by
Silcotub for which it did not know its merchandise was destined for the
United States, we will instruct CBP to liquidate unreviewed entries at
the all-others rate if there is no rate for the intermediate company
(or companies) involved in the transaction.\16\
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\16\ For a full discussion of this clarification, see
Antidumping and Countervailing Duty Proceedings: Assessment of
Antidumping Duties, 68 FR 23954 (May 6, 2003).
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If we continue to find in the final results that ArcelorMittal had
no shipments of subject merchandise, for entries of subject merchandise
during the POR produced by ArcelorMittal for which it did not know that
the merchandise was destined for the United States, we will instruct
CBP to liquidate un-reviewed entries at the all-others rate if there is
no rate for the intermediate company(ies) involved in the transaction.
We intend to issue instructions to CBP 15 days after the
publication date of the final results of this review.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the notice of final results of administrative review for
all shipments of small diameter seamless pipe from Romania 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 Silcotub will be the rate established in the final
results of this administrative review, except if the rate is de minimis
within the meaning of 19 CFR 351.106(c)(1) (i.e., less than 0.50
percent), in which case the cash deposit rate will be zero; (2) for
merchandise exported by manufacturers or exporters not covered in this
review but covered in a prior segment of the proceeding, the cash
deposit rate will continue to be the company-specific rate published
for the most recently-completed segment; (3) if the exporter is not a
firm covered in this review, a prior review, or the original
investigation but the manufacturer is, then the cash deposit rate will
be the rate established for the most recently-completed segment for the
manufacturer of the merchandise; and (4) the cash deposit rate for all
other manufacturers or exporters will continue to be 13.06 percent, the
all-others rate established in the less-than-fair-value
investigation.\17\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\17\ See Order, 65 FR at 48965.
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Notification to Importers
This notice also 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 results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).
[[Page 27361]]
Dated: May 4, 2020.
Jeffrey I. Kessler,
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. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2020-09905 Filed 5-7-20; 8:45 am]
BILLING CODE 3510-DS-P