[Federal Register Volume 87, Number 108 (Monday, June 6, 2022)]
[Notices]
[Pages 34249-34251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12083]


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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 Partial Rescission of 
Administrative Review; 2020-2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) is conducting an 
administrative review of the antidumping duty (AD) order on large 
diameter welded pipe (welded pipe) from Canada. The period of review 
(POR) is May 1, 2020, through April 30, 2021. The review covers 46 
producers or exporters of the subject merchandise including the sole 
mandatory respondent, Evraz. We preliminarily determine that Evraz made 
sales of subject merchandise at prices below normal value (NV) during 
the POR. We are also rescinding this administrative review for 42 
companies for which this review was initiated. Interested parties are 
invited to comment on these preliminary results.

DATES: Applicable June 6, 2022.

FOR FURTHER INFORMATION CONTACT: Irene Gorelik or Patrick Crotty, 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) 482-6905 or (202) 
482-0568, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On May 2, 2019, Commerce published the AD 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 46 
producers or exporters of the subject merchandise.\2\ On August 10, 
2021, we selected Evraz \3\ as the sole mandatory respondent in this 
administrative review.\4\ 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 100 days, until May 11, 2022.\5\ Subsequently, 
Commerce extended the deadline for the preliminary results by an 
additional 16 days, until May 27, 2022.\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, 86 FR 35481 (July 6, 2021) (Initiation 
Notice).
    \3\ In the underlying investigation, Commerce treated Evraz Inc. 
NA, Evraz Inc. NA Canada, and the Canadian National Steel 
Corporation (collectively, Evraz) as a single entity. See Order. 
There is no information on the record of this administrative review 
that indicates a change would be warranted of this single entity 
determination.
    \4\ See Memorandum, ``Respondent Selection,'' dated August 10, 
2021.
    \5\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated January 
3, 2022.
    \6\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated April 25, 
2022.
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    For a detailed description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\7\ 
A list of topics discussed in the Preliminary Decision Memorandum is 
included as Appendix I to this notice. 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 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \7\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of Antidumping Duty Administrative Review: Large Diameter 
Welded Pipe from Canada; 2020-2021,'' dated concurrently with, and 
hereby adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Order

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

Partial Rescission of Review

    On October 4, 2021, the Domestic Interested Party \8\ filed a 
timely letter withdrawing its review request for all companies that it 
had requested.\9\ Commerce notes that the Domestic Interested Party 
requested review of Canadian National Steel Corp.; Evraz Inc. NA; Evraz 
Inc. NA Canada; and The Canadian National Steel Corporation.\10\

[[Page 34250]]

However, because Evraz did not withdraw its review request, i.e., for 
Evraz Inc. NA, we will not rescind the review with respect to either 
Evraz NA Inc. or the other companies requested by the Domestic 
Interested Party which are part of the Evraz single entity. Therefore, 
we are rescinding the review with respect to the 42 companies not 
associated with Evraz and for which all review requests were timely 
withdrawn.\11\
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    \8\ The Domestic Interested Party is the American Line Pipe 
Producers Association Trade Committee.
    \9\ See Domestic Interested Party's Letter, ``Withdrawal of 
Review Request,'' dated October 4, 2021.
    \10\ See Domestic Interested Party's Letter, ``Request for 
Administrative Review,'' dated June 1, 2021. We note that Canadian 
National Steel Corp. listed separately in the Domestic Interested 
Party's review request is an abbreviated form of The Canadian 
National Steel Corporation, one of the companies within the Evraz 
single entity, as the Domestic Interested Party provides the same 
address for both names.
    \11\ See Appendix II.
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    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if the party that requested 
the review withdraws its request within 90 days of the publication of 
the notice of initiation of the requested review. Because all requests 
for an administrative review of the 42 companies listed in Appendix II 
were withdrawn by interested parties within 90 days of the date of 
publication of the Initiation Notice, Commerce is rescinding this 
review with respect to these companies in accordance with 19 CFR 
351.213(d)(1).

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. NV 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.

Preliminary Results of the Review

    We preliminarily determine that the following weighted-average 
dumping margin exists for the period of May 1, 2020, through April 30, 
2021:

------------------------------------------------------------------------
                                                       Weighted-average
                 Producer/exporter                      dumping margin
                                                          (percent)
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Evraz Inc. NA/Evraz Inc. NA Canada/The Canadian                    1.04
 National Steel Corporation........................
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Disclosure and Public Comment

    We intend to disclose the calculations performed for these 
preliminary results to interested parties with an Administrative 
Protective Order 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 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.
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    \13\ See 19 CFR 351.309(c)(1)(ii).
    \14\ See 19 CFR 351.309(d)(1) and (2).
    \15\ See 19 CFR 351.309(c)(2) and (d)(2).
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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, 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.
    All briefs and hearing requests must be filed electronically using 
ACCESS \16\ and must be served on interested parties.\17\ An 
electronically-filed document must be received successfully in its 
entirety by ACCESS by 5 p.m. Eastern Time on the due date. 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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    \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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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, ADs on all appropriate entries of 
subject merchandise covered by this review.
    For the 42 companies for which Commerce is rescinding this review, 
as described above, Commerce will instruct CBP to assess ADs on all 
appropriate entries at a rate equal to the cash deposit rate of 
estimated ADs required at the time of entry, or withdrawal from 
warehouse, for consumption, during the period May 1, 2020, through 
April 30, 2021, in accordance with 19 CFR 351.212(c)(1)(i). Commerce 
intends to issue appropriate assessment instructions to CBP no earlier 
than 35 days after the date of publication of this notice in the 
Federal Register, in accordance with 19 CFR 356.8(a).
    For the remaining entity subject to this review (i.e., Evraz), 
Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after the date of publication of the final results of this 
review in the Federal Register, in accordance with 19 CFR 356.8(a). 
Because Evraz reported that it is the importer of record for all its 
U.S. sales and Evraz reported the entered value of those sales,\19\ if 
Evraz's weighted-average dumping margin is not zero or de minimis 
(i.e., less than 0.50 percent), then upon completion of the final 
results, Commerce will calculate importer-specific ad valorem AD 
assessment rates based on the ratio of the total amount of dumping 
calculated for the examined sales to the total entered value of those 
sales. If Evraz's weighted-average dumping margin is zero or de minimis 
within the meaning of 19 CFR 351.106(c)(1), or the importer-specific 
assessment rate is zero or de minimis, we will instruct CBP to 
liquidate the appropriate entries without regard to ADs.\20\
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    \19\ See Evraz's Letter, ``Response to Initial Questionnaire 
Sections B-D,'' dated October 7, 2021, at C-62.
    \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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    Commerce's ``automatic assessment'' practice will apply to entries 
of subject merchandise during the POR produced by Evraz for which the 
company did not know that the merchandise it sold to the

[[Page 34251]]

intermediary (e.g., a reseller, trading company, or exporter) was 
destined for the United States. In such instances, we will instruct CBP 
to liquidate unreviewed 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 ADs on entries of merchandise covered by the final 
results of this review and for future cash deposits of estimated ADs, 
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 Evraz will be 
equal to the weighted-average dumping margin 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 rate will be zero; (2) for previously 
reviewed or investigated companies not covered in this review, 
including the 42 companies for which Commerce is rescinding 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 less-than-fair-value (LTFV) 
investigation, but the producer is, then the cash deposit rate will be 
the company-specific rate established for the most recently-completed 
segment of this proceeding for the producer 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\
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    \23\ See Order.
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    These cash deposit requirements, when imposed, shall remain in 
effect until further notice.

Final Results of Review

    Unless otherwise extended, Commerce intends to issue the final 
results of this administrative review, including the results of our 
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 ADs 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 ADs occurred and 
the subsequent assessment of doubled ADs.

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: May 27, 2022.
Lisa W. Wang,
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. Partial Rescission of Review
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation

Appendix II

Companies Rescinded From Review

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

[FR Doc. 2022-12083 Filed 6-3-22; 8:45 am]
BILLING CODE 3510-DS-P