Commerce to Consider AD Circumvention by UAE, Omani Pipe Made From Indian Steel
The Commerce Department is beginning an anti-circumvention inquiry to determine whether all imports of welded carbon steel standard pipes and tubes from Oman and the United Arab Emirates made from Indian hot-rolled steel are circumventing antidumping duties on welded carbon steel standard pipes and tubes from India (A-533-502), it said Feb. 22.
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The anti-circumvention inquiry will apply country-wide, to all "pipe and tube completed in Oman and the UAE using India-origin HRS and subsequently exported from Oman and the UAE to the United States." The inquiry was requested by Bull Moose Tube Co., Nucor Tubular Products Inc., Wheatland Tube Co. and the United Steelworkers labor union, which argue that the Omani and UAE exports undergo only minor processing in those countries and should still be considered subject to AD/CV duties.
Commerce will direct CBP to "continue the suspension of liquidation of entries of products subject to the circumvention inquiry that were already subject to the suspension of liquidation under the Order." If Commerce finds circumvention in the preliminary determination of this inquiry, the agency will direct CBP to suspend liquidation for unliquidated entries on or after Feb. 22, though the agency may decide to suspend liquidation prior to that date.
Commerce will issue questionnaires to "solicit information from producers and exporters in Oman and the UAE concerning their shipments of pipe and tube made from India-origin HRS to the United States." Companies that fail to respond completely may get hit with an “adverse facts available” penalty and an inference by Commerce that the companies are circumventing AD duties.