[Federal Register Volume 86, Number 147 (Wednesday, August 4, 2021)]
[Notices]
[Pages 41956-41958]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16625]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-122-863]


Large Diameter Welded Pipe From Canada: Preliminary Results of 
Antidumping Duty Administrative Review and Preliminary Determination of 
No Shipments; 2018-2020

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

SUMMARY: The Department of Commerce (Commerce) is conducting an 
administrative review of the antidumping duty order on large diameter 
welded pipe (welded pipe) from Canada. The period of review (POR) is 
August 27, 2018, through April 30, 2020. The review covers forty-one 
producers or exporters of the subject merchandise. We preliminarily 
determine that sales of subject merchandise were made at prices below 
normal value (NV) during the POR. Interested parties are invited to 
comment on these preliminary results.

DATES: Applicable August 4, 2021.

FOR FURTHER INFORMATION CONTACT: Joseph Dowling, 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) 482-1646.

SUPPLEMENTARY INFORMATION:

Background

    On May 2, 2019, Commerce published the antidumping duty order on 
welded pipe from Canada.\1\ On July 10, 2020, in accordance with 19 CFR 
351.221(c)(i), Commerce initiated an administrative review of the 
Order, covering 41 producers or exporters of the subject 
merchandise.\2\ On August 5, 2020, we selected Evraz Inc. NA \3\ as the 
sole mandatory respondent for this administrative review.\4\ On July 
22, 2020, Commerce tolled all deadlines in administrative reviews by 60 
days.\5\ Pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as 
amended (the Act), Commerce determined that it was not practicable to 
complete the preliminary results of this review within 245 days and 
extended the deadline for the preliminary results of this review by 120 
days, until July 30, 2021.\6\
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    \1\ See Large Diameter Welded Pipe from Canada: Antidumping Duty 
Order, 84 FR 18775 (May 2, 2019) (Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 85 FR 41540 (July 10, 2020) (Initiation 
Notice).
    \3\ In the underlying less-than-fair-value (LTFV) investigation, 
Commerce determined that Evraz Inc. NA, Evraz Inc. NA Canada, and 
the Canadian National Steel Corporation (collectively, Evraz) 
comprise a single entity. See Large Diameter Welded Pipe from 
Canada: Antidumping Duty Order, 84 FR 18775 (May 2, 2019) (Order). 
There is no information on this record of this review that requires 
reconsideration of this single entity determination.
    \4\ See Memorandum, ``Antidumping Duty Administrative Review of 
Large Diameter Welded Pipe from Canada, 2018-2020--Respondent 
Selection,'' dated August 5, 2020.
    \5\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated July 22, 2020.
    \6\ See Memorandum, ``Large Diameter Welded Pipe from Canada: 
Extension of Deadline for Preliminary Results of 1st Antidumping 
Duty Administrative Review,'' dated March 10, 2021; see also 
Memorandum, ``Large Diameter Welded Pipe from Canada: Extension of 
Deadline for Preliminary Results of 1st Antidumping Duty 
Administrative Review,'' dated June 28, 2021.
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    For a detailed description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\7\ 
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 https://access.trade.gov. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly on the internet at http://enforcement.trade.gov/frn/.
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    \7\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of Antidumping Duty Administrative Review: Large Diameter 
Welded Pipe from Canada; 2018-2020,'' dated concurrently with, and 
hereby adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Order

    The product covered by this Order is welded pipe from Canada. For a 
full description of the scope, see the Preliminary Decision Memorandum.

Preliminary Determination of No Shipments

    One producer and/or exporter under review, Canam (St Gedeon) 
(Canam), properly filed a certification reporting that it made no 
shipments of subject merchandise during the POR.\8\ We received no 
information from CBP that contradicted Canam's no-shipment

[[Page 41957]]

claim.\9\ Therefore, we preliminarily determine that this company did 
not have shipments of subject merchandise during the POR. Consistent 
with Commerce's practice,\10\ Commerce finds that it is not appropriate 
to rescind the review with respect to this company, but rather, to 
complete the review and issue appropriate instructions to CBP based on 
the final results of this review.
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    \8\ In the Initiation Notice, this company was listed as Canam 
(St Gedeon). However, in its certification of no shipments, it noted 
that Canam (St Gedeon) is a plant location and not its legal name. 
It also noted that it had recently undergone a corporate 
restructuring and is now named Canam Group Inc., which is the 
successor entity to Canam Group Inc. f/k/a Canam Buildings and 
Structures Inc. See Canam's Letter, ``No Shipments Letter for Canam 
Group Inc. f/k/a Canam Buildings and Structures Inc.,'' dated August 
7, 2020.
    \9\ See Memorandum, ``No Shipment Inquiry with Respect to the 
Company below during the Period 08/27/2018 through 04/30/2020,'' 
dated August 20, 2020.
    \10\ See, e.g., Certain Frozen Warmwater Shrimp from Thailand; 
Preliminary Results of Antidumping Duty Administrative Review, 
Partial Rescission of Review, Preliminary Determination of No 
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged 
in Certain Frozen Warmwater Shrimp from Thailand: Final Results of 
Antidumping Duty Administrative Review, Final Determination of No 
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR 51306 
(August 28, 2014).
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Methodology

    Commerce is conducting this review in accordance with section 
751(a) of the Act. Export price is calculated in accordance with 
section 772 of the Act. Normal value is calculated in accordance with 
section 773 of the Act. For a full description of the methodology 
underlying these preliminary results, see the Preliminary Decision 
Memorandum. A list of topics included in the Preliminary Decision 
Memorandum is included as an appendix to this notice.

Preliminary Results of the Review

    We preliminarily determine that the following weighted-average 
dumping margins exist for the period of August 27, 2018, through April 
30, 2020:
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    \11\ See Appendix II.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Exporter or producer                        dumping
                                                                margin
                                                               (percent)
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Evraz Inc. NA...............................................       14.33
Non-Selected Companies Under Review \11\....................       14.33
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Rate for Non-Selected Companies

    For the weighted-average dumping margin for non-selected 
respondents in an administrative review, generally, Commerce looks to 
section 735(c)(5) of the Act, which provides instructions for 
calculating the all-others rate in an investigation. Under section 
735(c)(5)(A) of the Act, the all-others rate is normally an amount 
equal to the weighted average of the estimated weighted-average dumping 
margins established for exporters and producers individually 
investigated, excluding any zero or de minimis margins, and any margins 
determined entirely on facts available. We preliminarily calculated a 
weighted-average dumping margin for Evraz that was not zero, de 
minimis, or based on facts available. Accordingly, we have 
preliminarily applied the weighted-average dumping margin calculated 
for Evraz as the weighted-average dumping margin for the non-
individually examined companies.

Disclosure and Public Comment

    We intend to disclose the calculations performed for these 
preliminary results to parties within five days after public 
announcement of the preliminary results.\12\
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    \12\ See 19 CFR 351.224(b).
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    Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs no later than 30 days after the date of publication of this 
notice.\13\ Rebuttal briefs, limited to issues raised in the case 
briefs, may be filed not later than seven days after the date for 
filing case briefs.\14\ 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.\15\ Executive summaries should be limited 
to five pages total, including footnotes. Case and rebuttal briefs 
should be filed using ACCESS \16\ and must be served on interested 
parties.\17\ Note that Commerce has temporarily modified certain of its 
requirements for serving documents containing business proprietary 
information, until further notice.\18\
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    \13\ See 19 CFR 351.309(c)(1)(ii).
    \14\ See 19 CFR 351.309(d)(1) and (2); see also Temporary Rule 
Modifying AD/CVD Service Requirements Due to COVID-19, 85 FR 17006 
(March 26, 2020); and Temporary Rule Modifying AD/CVD Service 
Requirements Due to COVID-19; Extension of Effective Period, 85 FR 
41363 (July 10, 2020).
    \15\ See 19 CFR 351.309(c)(2) and (d)(2).
    \16\ See 19 CFR 351.303.
    \17\ See 19 CFR 351.303(f).
    \18\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS. An electronically-filed document must be received successfully 
in its entirety by ACCESS by 5 p.m. Eastern Standard Time within 30 
days after the date of publication of this notice. 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 those raised in the 
respective case and rebuttal briefs. If a request for a hearing is 
made, Commerce intends to hold the hearing at a date and time to be 
determined.

Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 
351.212(b)(1), Commerce will determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries of subject merchandise in accordance with the final results of 
this review. Commerce intends to issue assessment instructions to CBP 
35 days after the date of publication of the final results of this 
administrative review in the Federal Register. If a timely summons is 
filed at the U.S. Court of International Trade, the assessment 
instructions will direct CBP not to liquidate relevant entries until 
the time for parties to file a request for a statutory injunction has 
expired (i.e., within 90 days of publication).
    If Evraz's weighted-average dumping margin is above de minimis 
(i.e., 0.50 percent), upon completion of the final results, Commerce 
will calculate importer-specific assessment rates on the basis of the 
ratio of the total amount of dumping calculated for the importer's 
examined sales to the total entered value of sales. Where we do not 
have entered values for all U.S. sales to a particular importer, we 
will calculate a per-unit assessment rate by aggregating the 
antidumping duties due for all U.S. sales to that importer and dividing 
this amount by the total quantity sold to that importer.\19\ To 
determine whether the duty assessment rates are de minimis, in 
accordance with the requirement set forth in 19 CFR 351.106(c)(2), we 
calculate importer-specific ad valorem ratios based on the estimated 
entered value. Where Evraz's weighted-average dumping margin is zero or 
de minimis, or an importer-specific ad valorem rate is zero or de 
minimis, we will instruct CBP to liquidate appropriate entries without 
regard to antidumping duties.\20\ For the companies which were not 
selected for individual examination, we intend to direct CBP to assess 
antidumping duties at a rate equal to the weighted-average dumping 
margin determined for Evraz in the final results.
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    \19\ See 19 CFR 351.212(b)(1).
    \20\ See 19 CFR 352.106(c)(2); see also Antidumping Proceeding: 
Calculation of the Weighted-Average Dumping Margin and Assessment 
Rate in Certain Antidumping Proceedings; Final Modification, 77 FR 
8101, 8103 (February 14, 2012).
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    For entries of subject merchandise during the POR produced by Evraz 
for

[[Page 41958]]

which it did not know its merchandise was destined for the United 
States, we will instruct CBP to liquidate such entries at the all-
others rate if there is no rate for the intermediate company(ies) 
involved in the transaction.\21\
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    \21\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    The final results of this review shall be the basis for the 
assessment of antidumping duties on entries of merchandise covered by 
the final results of this review and for future cash deposits of 
estimated duties, where applicable.\22\
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    \22\ See section 751(a)(2)(C) of the Act.
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Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) The cash deposit rate for the companies 
listed above will be that established in the final results of this 
review, except if the rate is less than 0.50 percent and, therefore, de 
minimis within the meaning of 19 CFR 351.106(c)(1), in which case the 
cash deposit rates will be zero; (2) for previously reviewed or 
investigated companies not covered in this review, the cash deposit 
rate will continue to be the company-specific rate published for the 
most recently-completed segment of this proceeding in which the company 
was reviewed; (3) if the exporter is not a firm covered in this review 
or in the LTFV investigation, but the manufacturer is, then the cash 
deposit rate will be the company-specific rate established for the most 
recently-completed segment of this proceeding for the manufacturer of 
subject merchandise; and (4) the cash deposit rate for all other 
producers or exporters will continue to be 12.32 percent, the all-
others rate established in the LTFV investigation.\23\ These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \23\ See Order.
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Final Results of Review

    Unless otherwise extended, Commerce intends to issue the final 
results of this administrative review, including the results of its 
analysis of issues raised by the parties in the written comments, 
within 120 days of publication of these preliminary results in the 
Federal Register, pursuant to section 751(a)(3)(A) of the Act and 19 
CFR 351.213(h)(1).

Notification to Importers

    This notice 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 POR. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of antidumping duties occurred and the subsequent assessment of doubled 
antidumping duties.

Notification to Interested Parties

    These preliminary results are issued and published in accordance 
with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
351.221(b)(4).

    Dated: July 28, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Determination of No Shipments
V. Rate for Non-Examined Companies
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation

Appendix II

Review-Specific Rate Applicable to Companies Not Selected for 
Individual Review

1. Acier Profile SBB Inc
2. Aciers Lague Steels Inc
3. Amdor Inc
4. BPC Services Group
5. Bri-Steel Manufacturing
6. Canada Culvert
7. Canadian National Steel Corp
8. Cappco Tubular Products Canada Inc
9. CFI Metal Inc
10. Dominion Pipe & Piling
11. Enduro Canada Pipeline Services
12. Fi Oilfield Services Canada
13. Forterra
14. Gchem Ltd
15. Graham Construction
16. Groupe Fordia Inc
17. Grupo Fordia Inc
18. Hodgson Custom Rolling
19. Hyprescon Inc
20. Interpipe Inc
21. K K Recycling Services
22. Kobelt Manufacturing Co
23. Labrie Environment
24. Les Aciers Sofatec
25. Lorenz Conveying P
26. Lorenz Conveying Products
27. Matrix Manufacturing
28. MBI Produits De Forge
29. Nor Arc
30. Peak Drilling Ltd
31. Pipe & Piling Sply Ltd
32. Pipe & Piling Supplies
33. Prudental
34. Prudential
35. Shaw Pipe Protecction
36. Shaw Pipe Protection
37. Tenaris Algoma Tubes Facility
38. Tenaris Prudential
39. Welded Tube of Can Ltd

[FR Doc. 2021-16625 Filed 8-3-21; 8:45 am]
BILLING CODE 3510-DS-P