Daily Rules, Proposed Rules, and Notices of the Federal Government
On June 1, 2012, the Department published in the
As provided in section 782(i) of the Act, we conducted sales and cost verifications between June 18 and 28, 2012 of the questionnaire responses submitted by Al Jazeera. We used standard verification procedures, including examination of relevant accounting and production records, as well as original source documents provided by the company.
On July 2, 2012, Allied Tube and Conduit and the JMC Steel Group (collectively, Petitioners) requested a hearing pursuant to 19 CFR 351.310(c).
As provided in section 782(i) of the Act, we conducted sales and cost verifications of the questionnaire responses submitted by Al Jazeera. We used standard verification procedures, including examination of relevant accounting and production records, as well as original source documents provided by the company. Based on the Department's findings at verification, as well as the minor corrections presented by Al Jazeera at the start of verification, on August 17, 2012, the Department requested that Al Jazeera submit revised sales databases.
We received case briefs from Petitioners and Al Jazeera on August 29, 2012.
Petitioners, pursuant to 19 CFR 351.310(c), withdrew its request for a hearing on September 13, 2012.
The period of investigation is October 1, 2010, to September 30, 2011.
This investigation covers welded carbon-quality steel pipes and tube, of circular cross-section, with an outside diameter (O.D.) not more than 16 inches (406.4 mm), regardless of wall thickness, surface finish (
Subject 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. 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. Sprinkler pipe is designed for sprinkler fire suppression systems and may be made to industry specifications such as ASTM A53 or to proprietary specifications. These 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, is also covered by the scope of this investigation 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 (50mm) in outside diameter; has a galvanized and/or painted (
The scope of this investigation does not include: (a) Pipe suitable for use in boilers, superheaters, heat exchangers, refining furnaces and feedwater heaters, whether or not cold drawn; (b) finished electrical conduit; (c) finished scaffolding;
The pipe subject to this investigation is 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, 7306.30.5025, 7306.30.5032, 7306.30.5040, 7306.30.5055, 7306.30.5085, 7306.30.5090, 7306.50.1000, 7306.50.5050, and 7306.50.5070. However, the product description, and not the HTSUS classification, is dispositive of whether the merchandise imported into the United States falls within the scope of the investigation.
All issues raised in the case and rebuttal briefs by parties to this antidumping investigation are addressed in the Issues and Decision Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Import Administration (Issues and Decision Memorandum), which is dated concurrently with and hereby adopted by this notice. A list of the issues raised is attached to this notice as Appendix I. The Issues and Decision Memorandum is a public document and is on file electronically via Import Administration's Antidumping and Countervailing Duty Centralized Electronic Service System (IA ACCESS). IA ACCESS is available to registered users at
In its section C questionnaire response, Al Jazeera reported bank charges for its U.S. sales.
At verification, Al Jazeera stated that its allocation methodology overstated the actual bank charges.
Section 776(a) of the Act provides that the Department shall apply “facts otherwise available” if (1) necessary information is not on the record or (2) an interested party or any other person (A) withholds information that has been requested; (B) fails to provide information within the deadlines established, or in the form and manner requested by the Department, subject to subsections (c)(1) and (e) of section 782 of the Act; (C) significantly impedes a proceeding; or (D) provides information that cannot be verified as provided by section 782(i) of the Act.
Section 776(b) of the Act provides further that the Department may use an adverse inference in applying the facts otherwise available when a party has failed to cooperate by not acting to the best of its ability to comply with a request for information. Such an adverse inference may include reliance upon information derived from the petition or other information placed on the record.
We find that that the application of facts available is appropriate under section 776(a)(2)(D) of the Act because Al Jazeera failed properly to report certain bank expenses related to U.S. sales and, instead, provided information that, upon examination at verification, was irreconcilable with Al Jazeera's original reported methodology. Further, we find that the application of AFA is appropriate under section 776(b) of the Act because Al Jazeera failed to cooperate by not acting to the best of its ability in responding to the Department's request for verifiable information. As adverse facts available, the Department has applied the highest bank charge percentage that we examined and reconciled at verification,
Finally, because we are relying on Al Jazeera's own information obtained during the course of this investigation, there is no need to corroborate this data pursuant to section 776(c) of the Act.
Based on our analysis of the comments received and our findings at verifications, we have made certain changes to the margin calculations for Al Jazeera. For a discussion of these changes,
In preparing for this final determination, the Department determined that the Arm's Length Test in the SAS program was improperly dropping certain sales from the comparison market database. We corrected this error for the final determination.
The Department determines that the following dumping margins exist for the period October 1, 2010, to September 30, 2011:
Pursuant to section 735(c)(1)(B) of the Act, we will instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all entries of circular welded pipe from Oman which were entered, or withdrawn from warehouse, for consumption on or after June 1, 2012, the date of publication of the
Section 735(c)(5)(A) of the Act provides that the estimated all others rate shall be 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
We intend to disclose to parties in this proceeding the calculations performed within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b).
In accordance with section 735(d) of the Act, we have notified the International Trade Commission (ITC) of our final determination. As our final determination is affirmative, in accordance with section 735(b)(2) of the Act the ITC will determine within 45 days whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports or sales (or the likelihood of sales) for importation of the subject merchandise. If the ITC determines that such injury does exist, the Department will issue an antidumping duty order directing CBP to assess, upon further instruction by the Department, antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation.
This notice also serves as a final reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CPR 351.305. Timely notification of the destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation.
This determination is issued and published pursuant to sections 735(d) and 777(i)(l) of the Act.