81_FR_92149 81 FR 91906 - Circular Welded Carbon-Quality Steel Pipe From the Sultanate of Oman, Pakistan, and the United Arab Emirates: Amended Final Affirmative Antidumping Duty Determination and Antidumping Duty Orders

81 FR 91906 - Circular Welded Carbon-Quality Steel Pipe From the Sultanate of Oman, Pakistan, and the United Arab Emirates: Amended Final Affirmative Antidumping Duty Determination and Antidumping Duty Orders

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 243 (December 19, 2016)

Page Range91906-91908
FR Document2016-30535

Based on affirmative final determinations by the Department of Commerce (the Department) and the International Trade Commission (the ITC), the Department is issuing antidumping duty orders on circular welded carbon-quality steel pipe from the Sultanate of Oman (Oman), Pakistan, and the United Arab Emirates (UAE). In addition, as explained in this notice, the Department is amending its final affirmative determination with respect to Oman as a result of a ministerial error.

Federal Register, Volume 81 Issue 243 (Monday, December 19, 2016)
[Federal Register Volume 81, Number 243 (Monday, December 19, 2016)]
[Notices]
[Pages 91906-91908]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-30535]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-523-812, A-535-903, A-520-807]


Circular Welded Carbon-Quality Steel Pipe From the Sultanate of 
Oman, Pakistan, and the United Arab Emirates: Amended Final Affirmative 
Antidumping Duty Determination and Antidumping Duty Orders

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (the Department) and the International Trade Commission (the 
ITC), the Department is issuing antidumping duty orders on circular 
welded carbon-quality steel pipe from the Sultanate of Oman (Oman), 
Pakistan, and the United Arab Emirates (UAE). In addition, as explained 
in this notice, the Department is amending its final affirmative 
determination with respect to Oman as a result of a ministerial error.

DATES: Effective December 19, 2016.

FOR FURTHER INFORMATION CONTACT: Kate Johnson at (202) 482-4949 (Oman), 
David Lindgren at (202) 482-3870 (Pakistan), or Blaine Wiltse at (202) 
482-6345 (UAE), AD/CVD Operations, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION: 

Background

    In accordance with sections 735(d) and 777(i)(1) of the Tariff Act 
of 1930, as amended (the Act), and 19 CFR 351.210(c), on October 28, 
2016, the Department published its affirmative final determinations in 
the less-than-fair-value (LTFV) investigations of circular welded 
carbon-quality steel pipe from Oman, Pakistan, and the UAE.\1\ On 
December 12, 2016, the ITC notified the Department of its affirmative 
determinations that an industry in the United States is materially 
injured within the meaning of section 735(b)(1)(A)(i) of the Act, by 
reason of the LTFV imports of circular welded carbon-quality steel pipe 
from Oman, Pakistan, and the UAE.\2\
---------------------------------------------------------------------------

    \1\ See Circular Welded Carbon-Quality Steel Pipe from the 
Sultanate of Oman: Final Determination of Sales at Less Than Fair 
Value, 81 FR 75026 (October 28, 2016) (Oman Final Determination); 
Circular Welded Carbon-Quality Steel Pipe From Pakistan: Final 
Determination of Sales at Less Than Fair Value, 81 FR 75028 (October 
28, 2016); and Circular Welded Carbon-Quality Steel Pipe from the 
United Arab Emirates: Final Determination of Sales at Less Than Fair 
Value, 81 FR 75030 (October 28, 2016).
    \2\ See ITC Notification Letter to the Deputy Assistant 
Secretary for Enforcement and Compliance, referencing ITC 
Investigation Nos. 701-TA-549 and 731-TA-1229, 1300, 1302, and 1303 
(December 12, 2016) (ITC Notification).
---------------------------------------------------------------------------

Scope of the Orders

    The merchandise covered by these orders is welded carbon-quality 
steel pipes and tube, of circular cross-section, with an outside 
diameter (O.D.) not more than nominal 16 inches (406.4 mm), regardless 
of wall thickness, surface finish (e.g., black, galvanized, or 
painted), end finish (plain end, beveled end, grooved, threaded, or 
threaded and coupled), or industry specification (e.g., American 
Society for Testing and Materials International (ASTM), proprietary, or 
other), generally known as standard pipe, fence pipe and tube, 
sprinkler pipe, and structural pipe (although subject product may also 
be referred to as mechanical tubing). Specifically, the term ``carbon 
quality'' includes products in which:
    (a) iron predominates, by weight, over each of the other contained 
elements;
    (b) the carbon content is 2 percent or less, by weight; and
    (c) none of the elements listed below exceeds the quantity, by 
weight, as indicated:
    (i) 1.80 percent of manganese;
    (ii) 2.25 percent of silicon;
    (iii) 1.00 percent of copper;
    (iv) 0.50 percent of aluminum;
    (v) 1.25 percent of chromium;
    (vi) 0.30 percent of cobalt;
    (vii) 0.40 percent of lead;
    (viii) 1.25 percent of nickel;
    (ix) 0.30 percent of tungsten;
    (x) 0.15 percent of molybdenum;
    (xi) 0.10 percent of niobium;
    (xii) 0.41 percent of titanium;
    (xiii) 0.15 percent of vanadium; or
    (xiv) 0.15 percent of zirconium.
    Covered products are generally made to standard O.D. and wall 
thickness combinations. Pipe multi-stenciled to a standard and/or 
structural specification and to other specifications, such as American 
Petroleum Institute (API) API-5L specification, may also be covered by 
the scope of these investigations. In particular, such multi-stenciled 
merchandise is covered when it meets the physical description set forth 
above, and also has one or more of the following characteristics: is 32 
feet in length or less; Is less than 2.0 inches (50 mm) in outside 
diameter; has a galvanized and/or painted (e.g., polyester coated) 
surface finish; or has a threaded and/or coupled end finish.
    Standard pipe is ordinarily made to ASTM specifications A53, A135, 
and A795, but can also be made to other specifications. Structural pipe 
is made primarily to ASTM specifications A252 and A500. Standard and 
structural pipe may also be produced to proprietary specifications 
rather than to industry specifications.
    Sprinkler pipe is designed for sprinkler fire suppression systems 
and may be made to industry specifications such as ASTM A53 or to 
proprietary specifications.
    Fence tubing is included in the scope regardless of certification 
to a specification listed in the exclusions below, and can also be made 
to the ASTM A513 specification. Products that meet the physical 
description set forth above but are made to the following nominal 
outside diameter and wall thickness combinations, which are recognized 
by the industry as typical for fence tubing, are included despite being 
certified to ASTM mechanical tubing specifications:

------------------------------------------------------------------------
                                               Wall thickness
           O.D. in inches (nominal)               in inches       Gage
                                                  (nominal)
------------------------------------------------------------------------
1.315........................................           0.035         20
1.315........................................           0.047         18
1.315........................................           0.055         17
1.315........................................           0.065         16
1.315........................................           0.072         15
1.315........................................           0.083         14
1.315........................................           0.095         13

[[Page 91907]]

 
1.660........................................           0.055         17
1.660........................................           0.065         16
1.660........................................           0.083         14
1.660........................................           0.095         13
1.660........................................           0.109         12
1.900........................................           0.047         18
1.900........................................           0.055         17
1.900........................................           0.065         16
1.900........................................           0.072         15
1.900........................................           0.095         13
1.900........................................           0.109         12
2.375........................................           0.047         18
2.375........................................           0.055         17
2.375........................................           0.065         16
2.375........................................           0.072         15
2.375........................................           0.095         13
2.375........................................           0.109         12
2.375........................................           0.120         11
2.875........................................           0.109         12
2.875........................................           0.165          8
3.500........................................           0.109         12
3.500........................................           0.165          8
4.000........................................           0.148          9
4.000........................................           0.165          8
4.500........................................           0.203          7
------------------------------------------------------------------------

    The scope of these orders does not include:
    (a) pipe suitable for use in boilers, superheaters, heat 
exchangers, refining furnaces and feedwater heaters, whether or not 
cold drawn, which are defined by standards such as ASTM A178 or ASTM 
A192;
    (b) finished electrical conduit, i.e., Electrical Rigid Steel 
Conduit (also known as Electrical Rigid Metal Conduit and Electrical 
Rigid Metal Steel Conduit), Finished Electrical Metallic Tubing, and 
Electrical Intermediate Metal Conduit, which are defined by 
specifications such as American National Standard (ANSI) C80.1-2005, 
ANSI C80.3-2005, or ANSI C80.6-2005, and Underwriters Laboratories Inc. 
(UL) UL-6, UL-797, or UL-1242;
    (c) finished scaffolding, i.e., component parts of final, finished 
scaffolding that enter the United States unassembled as a ``kit.'' A 
kit is understood to mean a packaged combination of component parts 
that contains, at the time of importation, all of the necessary 
component parts to fully assemble final, finished scaffolding;
    (d) tube and pipe hollows for redrawing;
    (e) oil country tubular goods produced to API specifications;
    (f) line pipe produced to only API specifications, such as API 5L, 
and not multi-stenciled; and
    (g) mechanical tubing, whether or not cold-drawn, other than what 
is included in the above paragraphs.
    The products subject to these orders are currently classifiable in 
Harmonized Tariff Schedule of the United States (HTSUS) statistical 
reporting numbers 7306.19.1010, 7306.19.1050, 7306.19.5110, 
7306.19.5150, 7306.30.1000, 7306.30.5015, 7306.30.5020, 7306.30.5025, 
7306.30.5032, 7306.30.5040, 7306.30.5055, 7306.30.5085, 7306.30.5090, 
7306.50.1000, 7306.50.5030, 7306.50.5050, and 7306.50.5070. The HTSUS 
subheadings above are provided for convenience and U.S. Customs 
purposes only. The written description of the scope of the orders is 
dispositive.

Amendment to Oman Final Determination

    By statute, the term ministerial error includes errors in addition, 
subtraction, or other arithmetic function, clerical errors resulting 
from inaccurate copying, duplication, or the like, and any other type 
of unintentional error which the Secretary considers ministerial.\3\
---------------------------------------------------------------------------

    \3\ See section 735(e) of the Act.
---------------------------------------------------------------------------

    Pursuant to section 735(e) of the Act and 19 CFR 351.224 (e) and 
(f), the Department is amending the Oman Final Determination to reflect 
the correction of a ministerial error it made in calculating the final 
margin assigned to Al Jazeera Steel Products Co. SAOG (Al Jazeera). In 
addition, because the Oman all-others rate is based solely on Al 
Jazeera's dumping margin, we are revising the all-others rate.\4\
---------------------------------------------------------------------------

    \4\ See the ``Estimated Weighted-Average Dumping Margins'' 
section below.
---------------------------------------------------------------------------

    Al Jazeera reported its cost of production (COP) data on a 
different weight basis than its sales data.\5\ In the final 
determination, we revised Al Jazeera's COP data, consistent with the 
sales data.\6\ On November 1, 2016, the petitioners \7\ submitted a 
ministerial error allegation claiming that, in implementing this 
change, the Department recalculated the total cost of manufacturing of 
each control number, but neglected to make the same adjustment to the 
fixed overhead field. We reviewed the record, and agree that we made a 
ministerial error within the meaning of section 735(e) and 19 CFR 
351.224(f). Specifically, we made an unintentional error with regard to 
the calculation of Al Jazeera's per-unit costs.\8\ Pursuant to 
351.224(e), we have corrected this error in this notice.
---------------------------------------------------------------------------

    \5\ See the Oman Final Determination and accompanying Issues and 
Decision Memorandum at Comment 4.
    \6\ Id.
    \7\ The petitioners are Bull Moose Tube Company, EXLTUBE, 
Wheatland Tube Company, and Western Tube and Conduit (collectively, 
the petitioners).
    \8\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary, AD/CVD Operations, entitled ``Allegation of a Ministerial 
Error in the Final Determination,'' dated November 18, 2016.
---------------------------------------------------------------------------

Antidumping Duty Orders

    As stated above, on December 12, 2016, in accordance with section 
735(d) of the Act, the ITC notified the Department of its final 
determinations in these investigations, in which it found material 
injury with respect to circular welded carbon-quality steel pipe from 
Oman, Pakistan, and the UAE.\9\ Therefore, in accordance with section 
735(c)(2) of the Act, we are issuing these antidumping duty orders. 
Because the ITC determined that imports of circular welded carbon-
quality steel pipe from Oman, Pakistan, and the UAE are materially 
injuring a U.S. industry, unliquidated entries of such merchandise from 
Oman, Pakistan, and the UAE entered or withdrawn from warehouse for 
consumption, are subject to the assessment of antidumping duties.
---------------------------------------------------------------------------

    \9\ See ITC Notification.
---------------------------------------------------------------------------

    Therefore, in accordance with section 736(a)(1) of the Act, the 
Department will direct U.S. Customs and Border Protection (CBP) to 
assess, upon further instruction by the Department, antidumping duties 
equal to the amount by which the normal value of the merchandise 
exceeds the export price (or constructed export price) of the 
merchandise, for all relevant entries of circular welded carbon-quality 
steel pipe from Oman, Pakistan, and the UAE. Antidumping duties will be 
assessed on unliquidated entries of circular welded carbon-quality 
steel pipe from Oman, Pakistan, and the UAE entered, or withdrawn from 
warehouse, for consumption on or after June 8, 2016, the date of 
publication of the preliminary determinations.\10\
---------------------------------------------------------------------------

    \10\ See Circular Welded Carbon-Quality Steel Pipe from the 
Sultanate of Oman: Affirmative Preliminary Determination of Sales at 
Less Than Fair Value and Postponement of Final Determination, 81 FR 
36871 (June 8, 2016) (Oman Preliminary Determination); Circular 
Welded Carbon-Quality Steel Pipe from Pakistan: Affirmative 
Preliminary Determination of Sales at Less Than Fair Value and 
Postponement of Final Determination and Extension of Provisional 
Measures, 81 FR 36867 (June 8, 2016) (Pakistan Preliminary 
Determination); and Circular Welded Carbon-Quality Steel Pipe from 
the United Arab Emirates: Affirmative Preliminary Determination of 
Sales at Less Than Fair Value and Postponement of Final 
Determination, 81 FR 36881 (June 8, 2016) (UAE Final Determination).
---------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we will 
instruct CBP to continue to suspend liquidation on all relevant entries 
of circular welded carbon-quality steel pipe from Oman, Pakistan, and 
the UAE. These

[[Page 91908]]

instructions suspending liquidation will remain in effect until further 
notice.
    We will also instruct CBP to require cash deposits equal to the 
amounts as indicated below. Accordingly, effective on the date of 
publication of the ITC's final affirmative injury determinations, CBP 
will require, at the same time as importers would normally deposit 
estimated duties on this subject merchandise, a cash deposit equal to 
the estimated weighted-average dumping margins listed below.\11\ The 
relevant all-others rates apply to all producers or exporters not 
specifically listed.
---------------------------------------------------------------------------

    \11\ See section 736(a)(3) of the Act.
---------------------------------------------------------------------------

Provisional Measures

    Section 733(d) of the Act states that instructions issued pursuant 
to an affirmative preliminary determination may not remain in effect 
for more than four months, except where exporters representing a 
significant proportion of exports of the subject merchandise request 
the Department to extend that four-month period to no more than six 
months. At the request of exporters that account for a significant 
proportion of circular welded carbon-quality steel pipe from Oman, 
Pakistan, and the UAE, we extended the four-month period to six months 
in each case.\12\ In the underlying investigations, the Department 
published the preliminary determinations on June 8, 2016. Therefore, 
the extended period, beginning on the date of publication of the 
preliminary determinations, ended December 5, 2016. Furthermore, 
section 737(b) of the Act states that definitive duties are to begin on 
the date of publication of the ITC's final injury determination.
---------------------------------------------------------------------------

    \12\ See Oman Preliminary Determination; Pakistan Preliminary 
Determination; and UAE Preliminary Determination.
---------------------------------------------------------------------------

    Therefore, in accordance with section 733(d) of the Act and our 
practice, we will instruct CBP to terminate the suspension of 
liquidation and to liquidate, without regard to antidumping duties, 
unliquidated entries of circular welded carbon-quality steel pipe from 
Oman, Pakistan, and the UAE entered, or withdrawn from warehouse, for 
consumption on or after December 5, 2016, the date on which the 
provisional measures expired, until and through the day preceding the 
date of publication of the ITC's final injury determinations in the 
Federal Register. Suspension of liquidation will resume on the date of 
publication of the ITC's final determinations in the Federal Register.

Estimated Weighted-Average Dumping Margins

    The weighted-average dumping margins percentages are as follows:

------------------------------------------------------------------------
                                                               Dumping
                                       Exporter/producer       margins
                                                              (percent)
------------------------------------------------------------------------
Oman.............................  Al Jazeera Steel                 7.36
                                    Products Co. SAOG.              7.36
                                   All Others..............
------------------------------------------------------------------------


------------------------------------------------------------------------
                                                               Dumping
                                       Exporter/producer       margins
                                                              (percent)
------------------------------------------------------------------------
Pakistan.........................  International Industries        11.80
                                    Limited.                       11.80
                                   All Others..............
------------------------------------------------------------------------


------------------------------------------------------------------------
                                                               Dumping
                                       Exporter/producer       margins
                                                              (percent)
------------------------------------------------------------------------
United Arab Emirates.............  Ajmal Steel Tubes &              6.43
                                    Pipes Ind. L.L.C.
                                   Universal Tube and               5.58
                                    Plastic Industries,
                                    LLC--Jebel Ali Branch/
                                    Universal Tube and Pipe
                                    Industries, Ltd./KHK
                                    Scaffolding and
                                    Framework LLC.
                                   All Others..............         5.95
------------------------------------------------------------------------

    This notice constitutes the antidumping duty orders with respect to 
circular welded carbon-quality steel pipe from Oman, Pakistan, and the 
UAE pursuant to section 736(a) of the Act. Interested parties can find 
a list of antidumping duty orders currently in effect at http://enforcement.trade.gov/stats/iastats1.html.
    These orders are published in accordance with section 736(a) of the 
Act and 19 CFR 351.211.

    Dated: December 13, 2016.
Paul Piquado,
Assistant Secretary, for Enforcement and Compliance.
[FR Doc. 2016-30535 Filed 12-16-16; 8:45 am]
 BILLING CODE 3510-DS-P



                                                91906                      Federal Register / Vol. 81, No. 243 / Monday, December 19, 2016 / Notices

                                                duties occurred and the subsequent                      Enforcement and Compliance,                              (ii) 2.25 percent of silicon;
                                                assessment of double antidumping                        International Trade Administration,                      (iii) 1.00 percent of copper;
                                                duties.                                                 U.S. Department of Commerce, 1401                        (iv) 0.50 percent of aluminum;
                                                   This notice also serves as a reminder                Constitution Avenue NW., Washington,                     (v) 1.25 percent of chromium;
                                                to parties subject to administrative                    DC 20230.                                                (vi) 0.30 percent of cobalt;
                                                protective orders (‘‘APOs’’) of their                   SUPPLEMENTARY INFORMATION:                               (vii) 0.40 percent of lead;
                                                responsibility concerning the return or                                                                          (viii) 1.25 percent of nickel;
                                                destruction of proprietary information                  Background                                               (ix) 0.30 percent of tungsten;
                                                disclosed under APO in accordance                          In accordance with sections 735(d)                    (x) 0.15 percent of molybdenum;
                                                with 19 CFR 351.305, which continues                    and 777(i)(1) of the Tariff Act of 1930,                 (xi) 0.10 percent of niobium;
                                                to govern business proprietary                          as amended (the Act), and 19 CFR                         (xii) 0.41 percent of titanium;
                                                information in this segment of the                      351.210(c), on October 28, 2016, the                     (xiii) 0.15 percent of vanadium; or
                                                proceeding. Timely written notification                 Department published its affirmative                     (xiv) 0.15 percent of zirconium.
                                                of the return/destruction of APO                        final determinations in the less-than-                   Covered products are generally made
                                                materials or conversion to judicial                     fair-value (LTFV) investigations of                   to standard O.D. and wall thickness
                                                protective order is hereby requested.                   circular welded carbon-quality steel                  combinations. Pipe multi-stenciled to a
                                                Failure to comply with the regulations                  pipe from Oman, Pakistan, and the                     standard and/or structural specification
                                                and terms of an APO is a violation that                 UAE.1 On December 12, 2016, the ITC                   and to other specifications, such as
                                                is subject to sanction.                                 notified the Department of its                        American Petroleum Institute (API)
                                                   This notice of the final results of this             affirmative determinations that an                    API–5L specification, may also be
                                                antidumping duty administrative review                  industry in the United States is                      covered by the scope of these
                                                is issued and published in accordance                   materially injured within the meaning                 investigations. In particular, such multi-
                                                with sections 751(a)(1) and 777(i) of the               of section 735(b)(1)(A)(i) of the Act, by             stenciled merchandise is covered when
                                                Act and 19 CFR 351.213 and 19 CFR                       reason of the LTFV imports of circular                it meets the physical description set
                                                351.221(b)(5).                                          welded carbon-quality steel pipe from                 forth above, and also has one or more
                                                                                                        Oman, Pakistan, and the UAE.2                         of the following characteristics: is 32
                                                  Dated: December 7, 2016.
                                                                                                                                                              feet in length or less; Is less than 2.0
                                                Christian Marsh,                                        Scope of the Orders                                   inches (50 mm) in outside diameter; has
                                                Deputy Assistant Secretary for Antidumping                 The merchandise covered by these                   a galvanized and/or painted (e.g.,
                                                and Countervailing Duty Operations.                     orders is welded carbon-quality steel                 polyester coated) surface finish; or has
                                                [FR Doc. 2016–30427 Filed 12–16–16; 8:45 am]            pipes and tube, of circular cross-section,            a threaded and/or coupled end finish.
                                                BILLING CODE 3510–DS–P                                  with an outside diameter (O.D.) not                      Standard pipe is ordinarily made to
                                                                                                        more than nominal 16 inches (406.4                    ASTM specifications A53, A135, and
                                                                                                        mm), regardless of wall thickness,                    A795, but can also be made to other
                                                DEPARTMENT OF COMMERCE                                  surface finish (e.g., black, galvanized, or           specifications. Structural pipe is made
                                                                                                        painted), end finish (plain end, beveled              primarily to ASTM specifications A252
                                                International Trade Administration                      end, grooved, threaded, or threaded and               and A500. Standard and structural pipe
                                                [A–523–812, A–535–903, A–520–807]                       coupled), or industry specification (e.g.,            may also be produced to proprietary
                                                                                                        American Society for Testing and                      specifications rather than to industry
                                                Circular Welded Carbon-Quality Steel                    Materials International (ASTM),                       specifications.
                                                Pipe From the Sultanate of Oman,                        proprietary, or other), generally known                  Sprinkler pipe is designed for
                                                Pakistan, and the United Arab                           as standard pipe, fence pipe and tube,                sprinkler fire suppression systems and
                                                Emirates: Amended Final Affirmative                     sprinkler pipe, and structural pipe                   may be made to industry specifications
                                                Antidumping Duty Determination and                      (although subject product may also be                 such as ASTM A53 or to proprietary
                                                Antidumping Duty Orders                                 referred to as mechanical tubing).                    specifications.
                                                                                                        Specifically, the term ‘‘carbon quality’’                Fence tubing is included in the scope
                                                AGENCY:   Enforcement and Compliance,
                                                                                                        includes products in which:                           regardless of certification to a
                                                International Trade Administration,
                                                                                                           (a) iron predominates, by weight, over             specification listed in the exclusions
                                                Department of Commerce.
                                                                                                        each of the other contained elements;                 below, and can also be made to the
                                                SUMMARY: Based on affirmative final
                                                                                                           (b) the carbon content is 2 percent or             ASTM A513 specification. Products that
                                                determinations by the Department of                     less, by weight; and
                                                Commerce (the Department) and the                                                                             meet the physical description set forth
                                                                                                           (c) none of the elements listed below              above but are made to the following
                                                International Trade Commission (the                     exceeds the quantity, by weight, as
                                                ITC), the Department is issuing                                                                               nominal outside diameter and wall
                                                                                                        indicated:                                            thickness combinations, which are
                                                antidumping duty orders on circular                        (i) 1.80 percent of manganese;
                                                welded carbon-quality steel pipe from                                                                         recognized by the industry as typical for
                                                the Sultanate of Oman (Oman),                             1 See Circular Welded Carbon-Quality Steel Pipe
                                                                                                                                                              fence tubing, are included despite being
                                                Pakistan, and the United Arab Emirates                  from the Sultanate of Oman: Final Determination
                                                                                                                                                              certified to ASTM mechanical tubing
                                                (UAE). In addition, as explained in this                of Sales at Less Than Fair Value, 81 FR 75026         specifications:
                                                                                                        (October 28, 2016) (Oman Final Determination);
                                                notice, the Department is amending its                  Circular Welded Carbon-Quality Steel Pipe From                                     Wall thickness
                                                final affirmative determination with                    Pakistan: Final Determination of Sales at Less Than    O.D. in inches               in inches       Gage
                                                respect to Oman as a result of a                        Fair Value, 81 FR 75028 (October 28, 2016); and          (nominal)                  (nominal)
sradovich on DSK3GMQ082PROD with NOTICES




                                                ministerial error.                                      Circular Welded Carbon-Quality Steel Pipe from the
                                                                                                        United Arab Emirates: Final Determination of Sales    1.315    .................           0.035       20
                                                DATES: Effective December 19, 2016.                     at Less Than Fair Value, 81 FR 75030 (October 28,
                                                                                                                                                              1.315    .................           0.047       18
                                                FOR FURTHER INFORMATION CONTACT: Kate                   2016).
                                                                                                                                                              1.315    .................           0.055       17
                                                                                                          2 See ITC Notification Letter to the Deputy
                                                Johnson at (202) 482–4949 (Oman),                                                                             1.315    .................           0.065       16
                                                                                                        Assistant Secretary for Enforcement and
                                                David Lindgren at (202) 482–3870                        Compliance, referencing ITC Investigation Nos.        1.315    .................           0.072       15
                                                (Pakistan), or Blaine Wiltse at (202)                   701–TA–549 and 731–TA–1229, 1300, 1302, and           1.315    .................           0.083       14
                                                482–6345 (UAE), AD/CVD Operations,                      1303 (December 12, 2016) (ITC Notification).          1.315    .................           0.095       13



                                           VerDate Sep<11>2014   20:55 Dec 16, 2016   Jkt 241001   PO 00000   Frm 00007   Fmt 4703   Sfmt 4703   E:\FR\FM\19DEN1.SGM    19DEN1


                                                                                Federal Register / Vol. 81, No. 243 / Monday, December 19, 2016 / Notices                                                    91907

                                                                            Wall thickness                   Tariff Schedule of the United States                  Antidumping Duty Orders
                                                  O.D. in inches
                                                    (nominal)                in inches           Gage        (HTSUS) statistical reporting numbers
                                                                             (nominal)                       7306.19.1010, 7306.19.1050,                              As stated above, on December 12,
                                                                                                             7306.19.5110, 7306.19.5150,                           2016, in accordance with section 735(d)
                                                1.660   .................            0.055              17
                                                                                                             7306.30.1000, 7306.30.5015,                           of the Act, the ITC notified the
                                                1.660   .................            0.065              16                                                         Department of its final determinations
                                                1.660   .................            0.083              14   7306.30.5020, 7306.30.5025,
                                                                                                             7306.30.5032, 7306.30.5040,                           in these investigations, in which it
                                                1.660   .................            0.095              13                                                         found material injury with respect to
                                                1.660   .................            0.109              12   7306.30.5055, 7306.30.5085,
                                                1.900   .................            0.047              18   7306.30.5090, 7306.50.1000,                           circular welded carbon-quality steel
                                                1.900   .................            0.055              17   7306.50.5030, 7306.50.5050, and                       pipe from Oman, Pakistan, and the
                                                1.900   .................            0.065              16   7306.50.5070. The HTSUS subheadings                   UAE.9 Therefore, in accordance with
                                                1.900   .................            0.072              15   above are provided for convenience and                section 735(c)(2) of the Act, we are
                                                1.900   .................            0.095              13   U.S. Customs purposes only. The                       issuing these antidumping duty orders.
                                                1.900   .................            0.109              12                                                         Because the ITC determined that
                                                2.375   .................            0.047              18
                                                                                                             written description of the scope of the
                                                                                                             orders is dispositive.                                imports of circular welded carbon-
                                                2.375   .................            0.055              17                                                         quality steel pipe from Oman, Pakistan,
                                                2.375   .................            0.065              16   Amendment to Oman Final
                                                2.375   .................            0.072              15
                                                                                                                                                                   and the UAE are materially injuring a
                                                                                                             Determination                                         U.S. industry, unliquidated entries of
                                                2.375   .................            0.095              13
                                                2.375   .................            0.109              12      By statute, the term ministerial error             such merchandise from Oman, Pakistan,
                                                2.375   .................            0.120              11   includes errors in addition, subtraction,             and the UAE entered or withdrawn from
                                                2.875   .................            0.109              12   or other arithmetic function, clerical                warehouse for consumption, are subject
                                                2.875   .................            0.165               8   errors resulting from inaccurate                      to the assessment of antidumping
                                                3.500   .................            0.109              12   copying, duplication, or the like, and                duties.
                                                3.500   .................            0.165               8   any other type of unintentional error                    Therefore, in accordance with section
                                                4.000   .................            0.148               9
                                                4.000   .................            0.165               8
                                                                                                             which the Secretary considers                         736(a)(1) of the Act, the Department will
                                                4.500   .................            0.203               7   ministerial.3                                         direct U.S. Customs and Border
                                                                                                                Pursuant to section 735(e) of the Act              Protection (CBP) to assess, upon further
                                                  The scope of these orders does not                         and 19 CFR 351.224 (e) and (f), the                   instruction by the Department,
                                                include:                                                     Department is amending the Oman                       antidumping duties equal to the amount
                                                  (a) pipe suitable for use in boilers,                      Final Determination to reflect the                    by which the normal value of the
                                                superheaters, heat exchangers, refining                      correction of a ministerial error it made             merchandise exceeds the export price
                                                furnaces and feedwater heaters, whether                      in calculating the final margin assigned              (or constructed export price) of the
                                                or not cold drawn, which are defined by                      to Al Jazeera Steel Products Co. SAOG                 merchandise, for all relevant entries of
                                                standards such as ASTM A178 or ASTM                          (Al Jazeera). In addition, because the                circular welded carbon-quality steel
                                                A192;                                                        Oman all-others rate is based solely on               pipe from Oman, Pakistan, and the
                                                  (b) finished electrical conduit, i.e.,                     Al Jazeera’s dumping margin, we are                   UAE. Antidumping duties will be
                                                Electrical Rigid Steel Conduit (also                         revising the all-others rate.4                        assessed on unliquidated entries of
                                                known as Electrical Rigid Metal Conduit                         Al Jazeera reported its cost of                    circular welded carbon-quality steel
                                                and Electrical Rigid Metal Steel                             production (COP) data on a different                  pipe from Oman, Pakistan, and the UAE
                                                Conduit), Finished Electrical Metallic                       weight basis than its sales data.5 In the             entered, or withdrawn from warehouse,
                                                Tubing, and Electrical Intermediate                          final determination, we revised Al                    for consumption on or after June 8,
                                                Metal Conduit, which are defined by                          Jazeera’s COP data, consistent with the               2016, the date of publication of the
                                                specifications such as American                              sales data.6 On November 1, 2016, the                 preliminary determinations.10
                                                National Standard (ANSI) C80.1–2005,                         petitioners 7 submitted a ministerial
                                                                                                             error allegation claiming that, in                    Suspension of Liquidation
                                                ANSI C80.3–2005, or ANSI C80.6–2005,
                                                and Underwriters Laboratories Inc. (UL)                      implementing this change, the
                                                                                                                                                                     In accordance with section
                                                UL–6, UL–797, or UL–1242;                                    Department recalculated the total cost of
                                                                                                                                                                   735(c)(1)(B) of the Act, we will instruct
                                                  (c) finished scaffolding, i.e.,                            manufacturing of each control number,
                                                                                                                                                                   CBP to continue to suspend liquidation
                                                component parts of final, finished                           but neglected to make the same
                                                                                                                                                                   on all relevant entries of circular welded
                                                scaffolding that enter the United States                     adjustment to the fixed overhead field.
                                                                                                                                                                   carbon-quality steel pipe from Oman,
                                                unassembled as a ‘‘kit.’’ A kit is                           We reviewed the record, and agree that
                                                                                                                                                                   Pakistan, and the UAE. These
                                                understood to mean a packaged                                we made a ministerial error within the
                                                combination of component parts that                          meaning of section 735(e) and 19 CFR
                                                                                                                                                                   ‘‘Allegation of a Ministerial Error in the Final
                                                contains, at the time of importation, all                    351.224(f). Specifically, we made an                  Determination,’’ dated November 18, 2016.
                                                of the necessary component parts to                          unintentional error with regard to the                   9 See ITC Notification.

                                                fully assemble final, finished                               calculation of Al Jazeera’s per-unit                     10 See Circular Welded Carbon-Quality Steel Pipe

                                                scaffolding;                                                 costs.8 Pursuant to 351.224(e), we have               from the Sultanate of Oman: Affirmative
                                                  (d) tube and pipe hollows for                              corrected this error in this notice.                  Preliminary Determination of Sales at Less Than
                                                                                                                                                                   Fair Value and Postponement of Final
                                                redrawing;                                                     3 See
                                                                                                                                                                   Determination, 81 FR 36871 (June 8, 2016) (Oman
                                                  (e) oil country tubular goods                                      section 735(e) of the Act.                    Preliminary Determination); Circular Welded
                                                                                                               4 See the ‘‘Estimated Weighted-Average Dumping
                                                produced to API specifications;                                                                                    Carbon-Quality Steel Pipe from Pakistan:
                                                                                                             Margins’’ section below.                              Affirmative Preliminary Determination of Sales at
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                                                  (f) line pipe produced to only API                           5 See the Oman Final Determination and
                                                                                                                                                                   Less Than Fair Value and Postponement of Final
                                                specifications, such as API 5L, and not                      accompanying Issues and Decision Memorandum at        Determination and Extension of Provisional
                                                multi-stenciled; and                                         Comment 4.                                            Measures, 81 FR 36867 (June 8, 2016) (Pakistan
                                                                                                               6 Id.
                                                  (g) mechanical tubing, whether or not                                                                            Preliminary Determination); and Circular Welded
                                                                                                               7 The petitioners are Bull Moose Tube Company,
                                                cold-drawn, other than what is included                                                                            Carbon-Quality Steel Pipe from the United Arab
                                                                                                             EXLTUBE, Wheatland Tube Company, and Western          Emirates: Affirmative Preliminary Determination of
                                                in the above paragraphs.                                     Tube and Conduit (collectively, the petitioners).     Sales at Less Than Fair Value and Postponement
                                                  The products subject to these orders                         8 See Memorandum to Christian Marsh, Deputy         of Final Determination, 81 FR 36881 (June 8, 2016)
                                                are currently classifiable in Harmonized                     Assistant Secretary, AD/CVD Operations, entitled      (UAE Final Determination).



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                                                91908                               Federal Register / Vol. 81, No. 243 / Monday, December 19, 2016 / Notices

                                                instructions suspending liquidation will                                 exports of the subject merchandise                                         will instruct CBP to terminate the
                                                remain in effect until further notice.                                   request the Department to extend that                                      suspension of liquidation and to
                                                   We will also instruct CBP to require                                  four-month period to no more than six                                      liquidate, without regard to
                                                cash deposits equal to the amounts as                                    months. At the request of exporters that                                   antidumping duties, unliquidated
                                                indicated below. Accordingly, effective                                  account for a significant proportion of                                    entries of circular welded carbon-
                                                on the date of publication of the ITC’s                                  circular welded carbon-quality steel                                       quality steel pipe from Oman, Pakistan,
                                                final affirmative injury determinations,                                 pipe from Oman, Pakistan, and the                                          and the UAE entered, or withdrawn
                                                CBP will require, at the same time as                                    UAE, we extended the four-month                                            from warehouse, for consumption on or
                                                importers would normally deposit                                         period to six months in each case.12 In                                    after December 5, 2016, the date on
                                                estimated duties on this subject                                         the underlying investigations, the                                         which the provisional measures
                                                merchandise, a cash deposit equal to the                                 Department published the preliminary                                       expired, until and through the day
                                                estimated weighted-average dumping                                       determinations on June 8, 2016.                                            preceding the date of publication of the
                                                margins listed below.11 The relevant all-                                Therefore, the extended period,                                            ITC’s final injury determinations in the
                                                others rates apply to all producers or                                   beginning on the date of publication of                                    Federal Register. Suspension of
                                                exporters not specifically listed.                                       the preliminary determinations, ended                                      liquidation will resume on the date of
                                                Provisional Measures                                                     December 5, 2016. Furthermore, section                                     publication of the ITC’s final
                                                   Section 733(d) of the Act states that                                 737(b) of the Act states that definitive                                   determinations in the Federal Register.
                                                instructions issued pursuant to an                                       duties are to begin on the date of
                                                                                                                         publication of the ITC’s final injury                                      Estimated Weighted-Average Dumping
                                                affirmative preliminary determination                                                                                                               Margins
                                                may not remain in effect for more than                                   determination.
                                                four months, except where exporters                                        Therefore, in accordance with section                                     The weighted-average dumping
                                                representing a significant proportion of                                 733(d) of the Act and our practice, we                                     margins percentages are as follows:

                                                                                                                                                                                                                                                         Dumping
                                                                                                                                                                      Exporter/producer                                                                   margins
                                                                                                                                                                                                                                                         (percent)

                                                Oman ..........................................................    Al Jazeera Steel Products Co. SAOG ............................................................................                             7.36
                                                                                                                   All Others ........................................................................................................................         7.36


                                                                                                                                                                                                                                                         Dumping
                                                                                                                                                                      Exporter/producer                                                                   margins
                                                                                                                                                                                                                                                         (percent)

                                                Pakistan ......................................................    International Industries Limited .......................................................................................                   11.80
                                                                                                                   All Others ........................................................................................................................        11.80


                                                                                                                                                                                                                                                         Dumping
                                                                                                                                                                      Exporter/producer                                                                   margins
                                                                                                                                                                                                                                                         (percent)

                                                United Arab Emirates .................................             Ajmal Steel Tubes & Pipes Ind. L.L.C ............................................................................                           6.43
                                                                                                                   Universal Tube and Plastic Industries, LLC—Jebel Ali Branch/Universal Tube and                                                              5.58
                                                                                                                     Pipe Industries, Ltd./KHK Scaffolding and Framework LLC.
                                                                                                                   All Others ........................................................................................................................         5.95



                                                   This notice constitutes the                                           DEPARTMENT OF COMMERCE                                                     SUMMARY:    CBERA, as amended,
                                                antidumping duty orders with respect to                                                                                                             provides duty-free treatment for certain
                                                circular welded carbon-quality steel                                     International Trade Administration                                         apparel articles imported directly from
                                                pipe from Oman, Pakistan, and the UAE                                                                                                               Haiti. One of the preferences is known
                                                pursuant to section 736(a) of the Act.                                   Limitation of Duty-Free Imports of
                                                                                                                                                                                                    as the ‘‘value-added’’ provision, which
                                                Interested parties can find a list of                                    Apparel Articles Assembled in Haiti
                                                                                                                                                                                                    requires that apparel meet a minimum
                                                antidumping duty orders currently in                                     Under the Caribbean Basin Economic
                                                                                                                                                                                                    threshold percentage of value added in
                                                effect at http://enforcement.trade.gov/                                  Recovery Act (CBERA), as Amended
                                                                                                                         by the Haitian Hemispheric                                                 Haiti, the United States, and/or certain
                                                stats/iastats1.html.                                                                                                                                beneficiary countries. The provision is
                                                   These orders are published in                                         Opportunity Through Partnership
                                                                                                                         Encouragement Act (HOPE)                                                   subject to a quantitative limitation,
                                                accordance with section 736(a) of the
                                                                                                                                                                                                    which is calculated as a percentage of
                                                Act and 19 CFR 351.211.
                                                                                                                         AGENCY:International Trade                                                 total apparel imports into the United
                                                  Dated: December 13, 2016.                                              Administration, Department of                                              States for each 12-month annual period.
                                                Paul Piquado,                                                            Commerce.                                                                  For the annual period from December
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                                                Assistant Secretary, for Enforcement and                                                                                                            20, 2016 through December 19, 2017,
                                                Compliance.                                                              ACTION:Notification of Annual
                                                                                                                         Quantitative Limit on Imports of Certain                                   the quantity of imports eligible for
                                                [FR Doc. 2016–30535 Filed 12–16–16; 8:45 am]                                                                                                        preferential treatment under the value-
                                                                                                                         Apparel from Haiti.
                                                BILLING CODE 3510–DS–P



                                                  11 See   section 736(a)(3) of the Act.                                   12 See Oman Preliminary Determination; Pakistan

                                                                                                                         Preliminary Determination; and UAE Preliminary
                                                                                                                         Determination.

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Document Created: 2016-12-17 03:15:16
Document Modified: 2016-12-17 03:15:16
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective December 19, 2016.
ContactKate Johnson at (202) 482-4949 (Oman), David Lindgren at (202) 482-3870 (Pakistan), or Blaine Wiltse at (202) 482-6345 (UAE), AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.
FR Citation81 FR 91906 

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