Daily Rules, Proposed Rules, and Notices of the Federal Government
On June 1, 2012, the Department published in the
On June 12, 2012, respondent Universal Tube and Plastic Industries, Ltd. (UTP-JA), KHK Scaffolding & Formwork LLC (KHK), and Universal Tube and Pipe Industries LLC (UTP-DIP) (collectively, Universal) submitted its response to the Department's May 15, 2012, supplemental questionnaire for section D. As part of its response, Universal submitted revised home market and U.S. sales databases.
As provided in section 782(i) of the Act, we conducted sales and cost verifications of the questionnaire responses submitted by Universal. We used standard verification procedures, including examination of relevant accounting and production records, as well as original source documents provided by the company.
Industries, Ltd. in the Antidumping Duty Investigation of Circular Welded Carbon Quality Steel Pipe from the United Arab Emirates,” dated August 14, 2012; “Home Market Sales Verification of Universal Tube and Plastic Industries, Ltd. (UTP-JA) and Its Home Market Affiliates (collectively, Universal
On July 2, 2012, petitioners Allied Tube and Conduit and the JMC Steel Group requested a hearing pursuant to the Department's regulations at 19 CFR 351.301(c).
On August 14, 2012, petitioners Allied Tube and Conduit and the JMC Steel Group submitted a letter requesting that the Department reject the reclassification of sales from home market to third country. Universal filed a response to petitioners' comments on August 17, 2012.
On August 15, 2012, the Department requested that Universal submit a revised cost database reflecting the minor corrections identified at the start of the cost verification.
On September 13, 2012, Universal, respondent Abu Dhabi Metal Pipes & Profiles Industries Complex LLC (ADPICO), and petitioners Allied Tube and Conduit and the JMC Steel Group timely filed case briefs. Petitioners Allied Tube and Conduit and the JMC Steel Group withdrew their request for a hearing on September 13, 2012. On September 18, 2012, Universal and Allied Tube and Conduit and the JMC Steel Group timely submitted rebuttal comments.
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
Based on our analysis of the comments received and our findings at verification, we have made certain changes to the margin calculation for Universal. For a discussion of these changes,
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 the UAE 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 TradeCommission (ITC) of our final determination. As our final determination is affirmative and 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
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 CFR 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)(1) of the Act.