[Federal Register Volume 86, Number 125 (Friday, July 2, 2021)]
[Notices]
[Pages 35272-35274]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14137]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-823-819]


Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe 
From Ukraine: 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 imports 
of seamless carbon and alloy steel standard, line, and pressure pipe 
(seamless pipe) from Ukraine are being, or are likely to be, sold in 
the United States at less than fair value (LTFV) for the period of 
investigation, July 1, 2019, through June 30, 2020.

DATES: Applicable July 2, 2021.

FOR FURTHER INFORMATION CONTACT: Lilit Astvatsatrian, 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) 482-6412.

SUPPLEMENTARY INFORMATION:

Background

    On February 10, 2021, Commerce published in the Federal Register 
its preliminary affirmative determination in the LTFV investigation of 
seamless pipe from Ukraine.\1\ Commerce invited interested parties to 
comment on the Preliminary Determination. The mandatory respondent in 
this investigation is Interpipe, the collapsed entity which includes 
Interpipe Ukraine LLC (Interpipe Ukraine), PJSC Interpipe 
Niznedneprovksy Tube Rolling Plant (NTRP), and LLC Interpipe Niko Tube 
(Niko Tube). For a complete description of the events that followed the 
Preliminary Determination, see the Issues and Decision Memorandum.\2\ 
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 http://enforcement.trade.gov/frn.
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    \1\ See Seamless Carbon and Alloy Steel Standard, Line, and 
Pressure Pipe from Ukraine: Preliminary Affirmative Determination of 
Sales at Less Than Fair Value, Postponement of Final Determination, 
and Extension of Provisional Measures, 86 FR 8889 (February 10, 
2021) (Preliminary Determination), and accompanying Preliminary 
Decision Memorandum.
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Affirmative Determination in the Less Than Fair Value 
Investigation of Seamless Carbon and Alloy Steel Standard, Line, and 
Pressure Pipe from Ukraine,'' dated concurrently with, and hereby 
adopted by, this notice (Issues and Decision Memorandum).
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Scope of the Investigation

    The products covered by this investigation are seamless pipe from 
Ukraine. For a complete description of the scope of this investigation, 
see Appendix I.

Scope Comments

    We did not receive comments from interested parties on the 
Preliminary Scope Decision Memorandum.\3\ As discussed in the 
Preliminary Scope Decision Memorandum, Commerce codified the scope 
language as it appeared in the Initiation Notice to clarify certain 
exclusions. See the scope in Appendix I to this notice.
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    \3\ See Memorandum, ``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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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs that were 
submitted by parties in this investigation are addressed in the Issues 
and Decision Memorandum. A list of the sections of the Issues and 
Decision Memorandum are in Appendix II of this notice.

Verification

    Commerce was unable to conduct on-site verification of the 
information relied upon in making its final determination in this 
investigation. However, we took additional steps in lieu of an on-site 
verification to verify the information relied upon in making this final 
determination, in accordance with section 782(i) of the Tariff Act of 
1930, as amended (the Act).\4\
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    \4\ See Commerce's Letter, Questionnaire In Lieu of an On-Site 
Verification, dated March 10, 2021; and Interpipe's Letter, 
``Antidumping Duty Investigation on Seamless Carbon and Alloy Steel 
Standard, Line, and Pressure Pipe from Ukraine: Resubmitting 
Questionnaire in Lieu of Verification Response,'' dated April 8, 
2021.
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Changes Since the Preliminary Determination

    Based on our review and analysis of the comments received from 
parties and our findings related to our request for information in lieu 
of verification, we made certain changes to our calculations of the 
dumping margin for the sole respondent, Interpipe. For a complete 
discussion of these changes, see the Issues and Decision Memorandum and 
Final Analysis Memorandum.\5\
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    \5\ See Memorandum, ``Interpipe Final Determination Analysis,'' 
dated June 25, 2021.
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All-Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated 
weighted-average dumping margin for all other producers and exporters 
not individually investigated shall be equal to the weighted average of 
the estimated weighted-average dumping margins established for 
exporters and producers individually investigated excluding rates that 
are zero, de minimis, or determined entirely under section 776 of the 
Act. Pursuant to section 735(c)(5)(B) of the Act, if the estimated 
weighted-average dumping margins established for all exporters and 
producers individually examined are zero, de minimis or determined 
based entirely on facts otherwise available, Commerce may use any 
reasonable method to establish the estimated weighted-average dumping 
margin for all other producers or exporters.
    Because the only individually calculated dumping margin is not 
zero, de minimis, or based entirely on facts otherwise available, we 
assigned the estimated weighted-average dumping margin calculated for 
Interpipe to all other producers and exporters of subject merchandise, 
pursuant to section 735(c)(5)(A) of the Act.

Final Determination

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

[[Page 35273]]



------------------------------------------------------------------------
                                                               Estimated
                                                                dumping
                      Exporter/producer                         margin
                                                               (percent)
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Interpipe Ukraine LLC/PJSC Interpipe Niznedneprovksy Tube          23.75
 Rolling Plant/LLC Interpipe Niko Tube......................
All Others..................................................       23.75
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Disclosure

    In accordance with 19 CFR 351.224(b), within five days after the 
date of any public announcement of the final determination or, if there 
is no public announcement, within five days after the date of 
publication of this notice in the Federal Register, we intend to 
disclose to parties to this proceeding the calculations performed in 
this final determination.

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 
Ukraine, as described in Appendix I of this notice, which were entered, 
or withdrawn from warehouse, for consumption on or after February 10, 
2021, the date of publication in the Federal Register of the 
affirmative Preliminary Determination.
    Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 
351.210(d), we will instruct CBP to require a cash deposit for such 
entries of merchandise equal to the following: (1) The cash deposit 
rate for the respondent listed in the table above will be equal to the 
respondent-specific estimated dumping margin listed for the respondent 
in the table; (2) if the exporter is not identified in the table above 
but the producer is, then the cash deposit rate will be equal to the 
respondent-specific estimated 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 dumping margin listed in the table above. 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 this 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) of seamless pipe no later than 45 days after this final 
determination. If the ITC determines that such injury does not exist, 
this proceeding will be terminated, 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 
antidumping duty 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 this notice are issued and published 
pursuant to sections 735(d) and 777(i)(1) of the Act and 19 CFR 
351.210(c).

    Dated: June 25, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.

Appendix I--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 A53, 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, 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.

Appendix II--List of Sections in the Issues and Decision Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Changes Since the Preliminary Determination
V. Discussion of the Issues
    Comment 1: Whether to Accept a Minor Correction
    Comment 2: Whether to Grant a Constructed Export Price Offset
    Comment 3: Whether to Deduct Section 232 Duties from U.S. Prices
    Comment 4: Whether to Offset G&A Expenses By Certain Other Net 
Sales Revenue
    Comment 5: Whether to Adjust Niko Tube and NTRP's Depreciation 
Expenses

[[Page 35274]]

VI. Recommendation

[FR Doc. 2021-14137 Filed 7-1-21; 8:45 am]
BILLING CODE 3510-DS-P