[Federal Register Volume 86, Number 42 (Friday, March 5, 2021)]
[Notices]
[Pages 12909-12911]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04567]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-851-804]


Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe 
From the Czech Republic: Final Affirmative Determination of Sales at 
Less Than Fair Value

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) determines that seamless 
carbon and alloy steel standard, line, and pressure pipe (seamless 
pipe) from the Czech Republic is being, or is likely to be, sold in the 
United States at less than fair value (LTFV).

DATES: Applicable March 5, 2021.

FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov, 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) 482-0665.

SUPPLEMENTARY INFORMATION:

Background

    On December 21, 2020, Commerce published in the Federal Register 
the Preliminary Determination.\1\ We invited interested parties to 
comment on the Preliminary Determination. We received comments on the 
Preliminary Determination from Vallourec Star, LP (the petitioner), a 
domestic producer of seamless pipe.\2\ In its case brief, the 
petitioner urges Commerce to adopt the findings and results of the 
Preliminary Determination in this final determination.\3\
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    \1\ See Seamless Carbon and Alloy Steel Standard, Line, and 
Pressure Pipe from the Czech Republic: Preliminary Affirmative 
Determination of Sales at Less Than Fair Value, 85 FR 83059 
(December 21, 2020) (Preliminary Determination).
    \2\ See Petitioner's Letter, ``Seamless Carbon and Alloy Steel 
Standard, Line, and Pressure Pipe (``SSLPP'') from Czechia: Case 
Brief,'' dated January 20, 2021.
    \3\ Id.
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Period of Investigation

    The period of investigation is July 1, 2019, through June 30, 2020.

Scope of the Investigation

    The products covered by this investigation are seamless pipe and 
redraw hollows from the Czech Republic, less than or equal to 16 inches 
in nominal outside diameter, regardless of wall-thickness, 
manufacturing process, end finish, or surface finish. For a full 
description of the scope of this investigation, see the ``Scope of the 
Investigation,'' in the Appendix to this notice.

Scope Comments

    During the course of this investigation, Commerce received comments 
from interested parties on the scope of the investigation as it 
appeared in the Initiation Notice.\4\ Commerce issued a Preliminary 
Scope Decision Memorandum to address these comments.\5\ We did not 
receive comments from interested parties on the Preliminary Scope 
Decision Memorandum. As discussed in Preliminary Scope Decision 
Memorandum, Commerce is modifying the scope language as it appeared in 
the Initiation Notice to clarify certain exclusions. See the revised 
scope in the Appendix to this notice.
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    \4\ See Seamless Carbon and Alloy Steel Standard, Line, and 
Pressure Pipe from the Czech Republic, the Republic of Korea, the 
Russian Federation, and Ukraine: Initiation of Less-Than-Fair-Value 
Investigations, 85 FR 47176 (August 4, 2020) (Initiation Notice).
    \5\ See Memorandum, ``Antidumping and Countervailing Duty 
Investigations of Seamless Carbon and Alloy Steel Standard, Line, 
and Pressure Pipe from the Czech Republic, the Republic of Korea, 
the Russian Federation, and Ukraine: Preliminary Scope Decision 
Memorandum,'' dated January 13, 2021 (Preliminary Scope Decision 
Memorandum).
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Use of Adverse Facts Available

    As discussed in the Preliminary Determination, Commerce assigned to 
the mandatory respondents in this investigation, Liberty Ostrava A.S. 
and Moravia Steel A.S., estimated weighted-average dumping margins on 
the basis of adverse facts available (AFA), pursuant to sections 776(a) 
and (b) of the Tariff Act of 1930, as amended (the Act).\6\ There is no 
new information on the record that would cause us to revisit our 
decision in the Preliminary Determination. Accordingly, for this final 
determination, we continue to find that the application of AFA pursuant 
to sections 776(a) and (b) of the Act is

[[Page 12910]]

warranted with respect to Liberty Ostrava A.S. and Moravia Steel A.S.
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    \6\ See Preliminary Determination, 85 FR at 83060.
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All-Others Rates

    As discussed in the Preliminary Determination, Commerce based the 
all-others rate on the simple average of the dumping margins alleged in 
the petition, in accordance with section 735(c)(5)(B) of the Act.\7\ We 
made no changes to the selection of the all-others rate for this final 
determination.
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    \7\ Id.
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Final Determination

    The final estimated weighted-average dumping margins are as 
follows:

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Liberty Ostrava A.S.........................................       51.70
Moravia Steel A.S...........................................       51.70
All Others..................................................       51.07
------------------------------------------------------------------------

Disclosure

    Normally, Commerce discloses to interested parties the calculations 
performed in connection with a final determination, in accordance with 
19 CFR 351.224(b). However, because Commerce applied AFA to both 
mandatory respondents in this investigation, there are no calculations 
to disclose.

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, Commerce will 
instruct U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of all appropriate entries of seamless pipe from 
the Czech Republic, as described in the Appendix to this notice, 
entered, or withdrawn from warehouse, for consumption on or after 
December 21, 2021, the date of publication of Preliminary Determination 
in the Federal Register.
    Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 
351.210(d), where appropriate, Commerce will instruct CBP to require a 
cash deposit equal to the estimated weighted-average dumping margin or 
the estimated all-others rate, as follows: (1) The cash deposit rate 
for the respondents listed above will be equal to the company-specific 
estimated weighted-average dumping margin determined in this final 
determination; (2) if the exporter is not a respondent identified above 
but the producer is, then the cash deposit rate will be equal to the 
company-specific estimated weighted-average dumping margin established 
for that producer of the subject merchandise; and (3) the cash deposit 
rate for all other producers and exporters will be equal to the all-
others estimated weighted-average dumping margin. These suspension-of-
liquidation instructions will remain in effect until further notice.

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify the 
International Trade Commission (ITC) of the final affirmative 
determination of sales at LTFV. Because Commerce's final determination 
is affirmative, in accordance with section 735(b)(2) of the Act, the 
ITC will make its final determination as to whether the domestic 
industry in the United States is materially injured, or threatened with 
material injury, by reason of imports or sales (or the likelihood of 
sales) for importation of seamless pipe from the Czech Republic no 
later than 45 days after this final determination. If the ITC 
determines that such injury does not exist, this proceeding will be 
terminated, and all cash deposits posted will be refunded and 
suspension of liquidation will be lifted. If the ITC determines that 
such injury does exist, Commerce will issue an AD order directing CBP 
to assess, upon further instruction by Commerce, antidumping duties on 
all imports of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the effective date of the 
suspension of liquidation, as discussed above in the ``Continuation of 
Suspension of Liquidation'' section.

Notification Regarding Administrative Protective Orders

    This notice will serve as a final reminder to the parties subject 
to administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of return or 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 and notice is issued and published pursuant to 
sections 735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c).

    Dated: March 1, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix--Scope of the Investigation

    The merchandise covered by the scope of this investigation is 
seamless carbon and alloy steel (other than stainless steel) pipes 
and redraw hollows, less than or equal to 16 inches (406.4 mm) in 
nominal outside diameter, regardless of wall-thickness, 
manufacturing process (e.g., hot-finished or cold-drawn), end finish 
(e.g., plain end, beveled end, upset end, threaded, or threaded and 
coupled), or surface finish (e.g., bare, lacquered or coated). 
Redraw hollows are any unfinished carbon or alloy steel (other than 
stainless steel) pipe or ``hollow profiles'' suitable for cold 
finishing operations, such as cold drawing, to meet the American 
Society for Testing and Materials (ASTM) or American Petroleum 
Institute (API) specifications referenced below, or comparable 
specifications. Specifically included within the scope are seamless 
carbon and alloy steel (other than stainless steel) standard, line, 
and pressure pipes produced to the ASTM A-53, ASTM A-106, ASTM A-
333, ASTM A-334, ASTM A-589, ASTM A-795, ASTM A-1024, and the API 51 
specifications, or comparable specifications, and meeting the 
physical parameters described above, regardless of application, with 
the exception of the exclusions discussed below.
    Specifically excluded from the scope of the investigation are: 
(1) All pipes meeting aerospace, hydraulic, and bearing tubing 
specifications, including pipe produced to the ASTM A-822 standard; 
(2) all pipes meeting the chemical requirements of ASTM A-335, 
whether finished or unfinished; and (3) unattached couplings. Also 
excluded from the scope of the investigation are (1) all mechanical, 
boiler, condenser and heat exchange tubing, except when such 
products conform to the dimensional requirements, i.e., outside 
diameter and wall thickness, of ASTM A-53, ASTM A-106 or API 51 
specifications. Also excluded from the scope of the investigation 
are: (1) Oil country tubular goods consisting of drill pipe, casing, 
tubing and coupling stock; (2) all pipes meeting the chemical 
requirements of ASTM A-335 regardless of their conformity to the 
dimensional requirements of ASTM A-53, ASTM A-106 or API 5L; and (3) 
the exclusion for ASTM A335 applies to pipes meeting the comparable 
specifications GOST 550-75.
    Subject seamless standard, line, and pressure pipe are normally 
entered under Harmonized Tariff Schedule of the United States 
(HTSUS) subheadings 7304.19.1020, 7304.19.1030, 7304.19.1045, 
7304.19.1060, 7304.19.5020, 7304.19.5050, 7304.31.6050, 
7304.39.0016, 7304.39.0020, 7304.39.0024, 7304.39.0028, 
7304.39.0032, 7304.39.0036, 7304.39.0040, 7304.39.0044, 
7304.39.0048, 7304.39.0052, 7304.39.0056, 7304.39.0062, 
7304.39.0068, 7304.39.0072, 7304.51.5005, 7304.51.5060, 
7304.59.6000, 7304.59.8010, 7304.59.8015, 7304.59.8020, 
7304.59.8025, 7304.59.8030, 7304.59.8035, 7304.59.8040, 
7304.59.8045, 7304.59.8050, 7304.59.8055,

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7304.59.8060, 7304.59.8065, and 7304.59.8070. The HTSUS subheadings 
and specifications are provided for convenience and customs 
purposes; the written description of the scope is dispositive.

[FR Doc. 2021-04567 Filed 3-4-21; 8:45 am]
BILLING CODE 3510-DS-P