Federal Register - February 10, 2021
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Fuente: Federal Register
8890
Federal Register / Vol. 86, No. 26 / Wednesday, February 10, 2021 / Notices
Commerce is preliminarily modifying the scope language as it appeared in the Initiation Notice. See the revised scope in Appendix I to this notice.
The deadline to submit scope case briefs was established in the Preliminary Scope Decision Memorandum.7 There will be no further opportunity for comments on scoperelated issues.
Methodology Commerce is conducting this investigation in accordance with section 731 of the Act. Commerce calculated constructed export prices in accordance with section 772b of the Act.
Commerce calculated normal value in accordance with section 773 of the Act.
For a full description of the methodology underlying the preliminary determination, see the Preliminary Decision Memorandum.
All-Others Rate Section 733d1Aii of the Act provides that in the preliminary determination, Commerce shall determine an estimated all-others rate for all exporters and producers not individually examined. Pursuant to section 735c5A of the Act, this 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 and de minimis dumping margins, and any dumping margins determined entirely under section 776 of the Act.
Commerce calculated an individual estimated weighted-average dumping margin for the collapsed entity Interpipe Ukraine LLC, PJSC Interpipe Niznedneprovksy Tube Rolling Plant, and LLC Interpipe Niko Tube collectively Interpipe,8 the only individually examined exporter/
producer in this investigation. Because the only individually calculated dumping margin is not zero, de minimis, or based entirely on facts otherwise available, the estimated weighted-average dumping margin calculated for Interpipe is the dumping Carbon and Alloy Steel Standard, Line, and Pressure Pipe from the Czech Republic, the Republic of Korea, the Russian Federation, and Ukraine: Preliminary Scope Decision Memorandum, dated January 13, 2021
Preliminary Scope Decision Memorandum.
7 Case briefs, other written comments, and rebuttal briefs submitted in response to this preliminary LTFV determination should not include scope-related issues. See Preliminary Scope Decision Memorandum; and Public Comment section of this notice. The deadline for case briefs on scope-related issues is no later than 30 days after the issuance of Preliminary Scope Decision Memorandum.
8 See Preliminary Decision Memorandum.
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margin assigned to all other producers and exporters, pursuant to section 735c5A of the Act.
Preliminary Determination Commerce preliminarily determines that the following estimated weightedaverage dumping margins exist:
Estimated weightedaverage dumping margin percent
Exporter/producer
Interpipe Ukraine LLC/PJSC
Interpipe Niznedneprovksy Tube Rolling Plant/LLC
Interpipe Niko Tube
All Others
41.23
41.23
Suspension of Liquidation In accordance with section 733d2
of the Act, Commerce will direct U.S.
Customs and Border Protection CBP to suspend liquidation of entries of subject merchandise, as described in Appendix I, entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register.
Further, pursuant to section 733d1B of the Act and 19 CFR
351.205d, Commerce will instruct CBP
to require a cash deposit equal to the estimated weighted-average dumping margin or the estimated all-others rate, as follows: 1 The cash deposit rate for the respondent listed in the table above will be equal to the company-specific estimated weighted-average dumping margin determined in this preliminary determination; 2 if the exporter is not the respondent identified in the table above, but the producer is, then the cash deposit rate will be equal to the company-specific estimated weightedaverage dumping margin established for that producer of the subject merchandise; and 3 the cash deposit rate for all other producers and exporters will be equal to the all-others estimated weighted-average dumping margin. These suspension of liquidation instructions will remain in effect until further notice.
Disclosure Commerce intends to disclose its calculations and analysis performed to interested parties in this preliminary determination within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of this notice in accordance with 19 CFR 351.224b.
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Verification As provided in section 782i1 of the Act, Commerce intends to verify the information relied upon in making its final determination. Normally, Commerce verifies information using standard procedures, including an onsite examination of original accounting, financial, and sales documentation.
However, due to current travel restrictions in response to the global COVID19 pandemic, Commerce is unable to conduct on-site verification in this investigation. Accordingly, we intend to verify the information relied upon in making the final determination through alternative means in lieu of an on-site verification.
Public Comment Case briefs or other written comments on non-scope issues may be submitted to the Assistant Secretary for Enforcement and Compliance.
Interested parties will be notified of a timeline for the submission of such case briefs and written comments at a later date. Rebuttal briefs, limited to issues raised in the case briefs, may be submitted no later than seven days after the deadline for case briefs. Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information until further notice.9
Pursuant to 19 CFR 351.309c2 and d2, parties who submit case briefs or rebuttal briefs in this investigation 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.
Pursuant to 19 CFR 351.310c, interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, within 30 days after the date of publication of this notice. Requests should contain the partys name, address, and telephone number, the number of hearing participants, whether any participant is a foreign national, and a list of the issues to be discussed. If a request for a hearing is made, Commerce intends to hold the hearing at a time and date to be determined. Parties should confirm the date and time of the hearing two days before the scheduled hearing date.
9 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID19, 85 FR 17006
March 26, 2020; and Temporary Rule Modifying AD/CVD Service Requirements Due to COVID19;
Extension of Effective Period, 85 FR 41363 July 10, 2020.
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