Welded Stainless Pressure Pipe From Malaysia, Thailand, and the Socialist Republic of Vietnam: Initiation of Antidumping Duty Investigations, 35253-35258 [2013-13963]
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Federal Register / Vol. 78, No. 113 / Wednesday, June 12, 2013 / Notices
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quantity sold to that importer.11 Where
an exporter’s weighted-average dumping
margin is zero or de minimis, or an
importer-specific ad valorem rate is zero
or de minimis, we will instruct CBP to
liquidate appropriate entries without
regard to antidumping duties. To
determine whether an importer-specific,
ad valorem assessment rates is de
minimis, in accordance with the
requirement set forth in 19 CFR
351.106(c)(2), we calculated importerspecific ad valorem rates as the amount
of dumping for all U.S. sales to an
importer divided by the estimated
entered value of the same sales. We will
instruct CBP to liquidate entries of
subject merchandise exported by the
PRC-wide entity at an ad valorem
assessment rate equal to the weightedaverage dumping margin assigned to the
PRC-wide entity.
The Department announced a
refinement to its assessment practice in
non-market economy cases.12 Pursuant
to this refinement in practice, for entries
that were not reported in the U.S. sales
databases submitted by companies
individually examined during this
review, the Department will instruct
CBP to liquidate such entries at the rate
for the PRC-wide entity. In addition, if
the Department determines that an
exporter under review had no
shipments of the subject merchandise,
any suspended entries that entered
under that exporter’s case number (i.e.,
at that exporter’s rate) will be liquidated
at the rate for the PRC-wide entity.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for all shipments
of the subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date, as provided for by section
751(a)(2)(C) of the Act: (1) For the
exporters listed above, the cash deposit
rate will be equal to the weightedaverage dumping margin established in
the final results of this review (except,
if the rate is zero or de minimis, then the
cash deposit rate will be zero for that
exporter); (2) for previously investigated
or reviewed PRC and non-PRC exporters
not listed above that have separate rates,
the cash deposit rate will continue to be
the exporter-specific rate published for
the most recently completed segment of
11 See, e.g., Certain Cased Pencils From the
People’s Republic of China: Final Results of the
Antidumping Duty Administrative Review, 76 FR
27988, 27989 (May 13, 2011).
12 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011).
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35253
this proceeding; (3) for all PRC exporters
of subject merchandise that have not
been found to be entitled to a separate
rate, the cash deposit rate will be equal
to 60.85 percent, the rate for the PRCwide entity; 13 and (4) for all non-PRC
exporters of subject merchandise which
have not received their own rate, the
cash deposit rate will be the rate
applicable to the PRC exporter(s) that
supplied that non-PRC exporter. These
deposit requirements, when imposed,
shall remain in effect until further
notice.
Comment 3: Whether the Department should
make an adjustment to Golden Dragon’s
reported U.S. prices
Comment 4: Whether the Department should
use the financial statement of Kobelco or
Furukawa.
Comment 5: Whether the Department should
use a different rate for Hailiang as a nonexamined, separate rate respondent
Notification to Importers
International Trade Administration
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR 351.402(f)
to file a certificate regarding the
reimbursement of antidumping duties
prior to liquidation of the relevant
entries during this review period.
Failure to comply with this requirement
could result in the Secretary’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
[A–557–815, A–549–830, A–552–816]
Administrative Protective Order
This notice also serves as a reminder
to parties subject to administrative
protective order (‘‘APO’’) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under the APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return or destruction
of APO materials or conversion to
judicial protective order is hereby
requested. Failure to comply with the
regulations and terms of an APO is a
violation which is subject to sanction.
The Department is issuing and
publishing these final results of
administrative review in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act.
Dated: June 5, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
Appendix—Issues and Decision
Memorandum
Comment 1: Whether the Department should
rescind the administrative review with
respect to Luvata
Comment 2: Whether Golden Dragon’s U.S.
sales listing is accurate
13 See Seamless Refined Copper Pipe and Tube
From the People’s Republic of China: Final
Determination of Sales at Less Than Fair Value, 75
FR 60725, 60729 (October 1, 2010).
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[FR Doc. 2013–13965 Filed 6–11–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Welded Stainless Pressure Pipe From
Malaysia, Thailand, and the Socialist
Republic of Vietnam: Initiation of
Antidumping Duty Investigations
Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: June 12, 2013.
FOR FURTHER INFORMATION CONTACT:
Edythe Artman (Malaysia), Victoria Cho
(Thailand), or Fred Baker (Vietnam), at
(202) 482–3931, (202) 482–5075, or at
(202) 482–2924, respectively, AD/CVD
Operations, Office 7, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
The Petitions
On May 16, 2013, the Department of
Commerce (the Department) received
antidumping duty (AD) Petitions
concerning imports of welded stainless
pressure pipe (welded stainless pipe)
from Malaysia, Thailand, and the
Socialist Republic of Vietnam (Vietnam)
filed in proper form on behalf of Bristol
Metals, LLC, Felker Brothers Corp., and
Outokumpu Stainless Pipe, Inc.,
(collectively, Petitioners).1 Petitioners
are domestic producers of welded
stainless pipe. On May 21, 2013, the
Department requested additional
information and clarification of certain
areas of the Petitions. Petitioners filed
responses to these requests on May 24,
2013.2 On May 29, 2013, the
Department requested additional
information and clarification of certain
1 See Petitions for the Imposition of Antidumping
Duties on Imports of Welded Stainless Pressure
Pipe from Malaysia, Thailand, and Vietnam, dated
May 16, 2013 (Petitions).
2 See Supplement to the Malaysia Petition, dated
May 24, 2013 (Malaysia Supplement), Supplement
to the Thailand Petition, dated May 24, 2013
(Thailand Supplement); and Supplement to the
Vietnam Petition, dated May 24, 2013 (Vietnam
Supplement).
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areas of the Petitions. Petitioners filed
responses to these requests on May 30,
2013.3
In accordance with section 732(b) of
the Tariff Act of 1930, as amended (the
Act), Petitioners allege that imports of
welded stainless pipe from Malaysia,
Thailand, and Vietnam are being, or are
likely to be, sold in the United States at
less than fair value within the meaning
of section 731 of the Act and that such
imports are materially injuring, or
threatening material injury to, an
industry in the United States. Also,
consistent with section 732(b)(1) of the
Act, the Petitions are accompanied by
information reasonably available to
Petitioners supporting their allegations.
The Department finds that Petitioners
filed these Petitions on behalf of the
domestic industry because Petitioners
are interested parties as defined in
section 771(9)(C) of the Act. The
Department also finds that Petitioners
have demonstrated sufficient industry
support with respect to the initiation of
the AD investigations that Petitioners
are requesting. See the ‘‘Determination
of Industry Support for the Petitions’’
section below.
Periods of Investigation
Because the Petitions were filed on
May 16, 2013, the period of
investigation (POI) for the Vietnam
investigation is October 1, 2012, through
March 31, 2013. The POI for the
Malaysia and Thailand investigations is
April 1, 2012, through March 31, 2013.4
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Scope of the Investigations
The product covered by these
investigations is welded stainless pipe
from Malaysia, Thailand, and Vietnam.
For a full description of the scope of the
investigations, see the ‘‘Scope of the
Investigations,’’ in Appendix I of this
notice.
Comments on Scope of Investigations
During our review of the Petitions, we
discussed the scope with Petitioners to
ensure that it is an accurate reflection of
the product for which the domestic
industry is seeking relief. Moreover, as
discussed in the preamble to the
regulations (Antidumping Duties;
Countervailing Duties; Final Rule, 62 FR
27296, 27323 (May 19, 1997)), we are
setting aside a period for interested
parties to raise issues regarding product
coverage. The Department encourages
all interested parties to submit such
comments by June 25, 2013, 5:00 p.m.
Eastern Daylight Time, 20 calendar days
3 See Second General Issues Supplement to the
Petitions, dated May 30, 2013 (Second
Supplement).
4 See 19 CFR 351.204(b)(1).
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from the signature date of this notice.
All comments must be filed on the
records of the Malaysia, Thailand, and
Vietnam AD investigations. All
comments and submissions to the
Department must be filed electronically
using Import Administration’s
Antidumping Countervailing Duty
Centralized Electronic Service System
(IA ACCESS).5 An electronically filed
document must be received successfully
in its entirety by the Department’s
electronic records system, IA ACCESS,
by the time and date noted above.
Documents excepted from the electronic
submission requirements must be filed
manually (i.e., in paper form) with
Import Administration’s APO/Dockets
Unit, Room 1870, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230,
and stamped with the date and time of
receipt by the deadline noted above.
The period of scope comments is
intended to provide the Department
with ample opportunity to consider all
comments and to consult with parties
prior to the issuance of the preliminary
determinations.
Comments on Product Characteristics
for Antidumping Questionnaires
The Department requests comments
from interested parties regarding the
appropriate physical characteristics of
welded stainless pipe to be reported in
response to the Department’s AD
questionnaires. This information will be
used to identify the key physical
characteristics of the subject
merchandise in order to report the
relevant factors and costs of production
accurately as well as to develop
appropriate product-comparison
criteria.
Interested parties may provide any
information or comments that they feel
are relevant to the development of an
accurate list of physical characteristics.
Specifically, they may provide
comments as to which characteristics
are appropriate to use as: (1) General
product characteristics and (2) productcomparison criteria. We note that it is
not always appropriate to use all
product characteristics as productcomparison criteria. We base productcomparison criteria on meaningful
commercial differences among products.
In other words, while there may be
5 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011) for details of the Department’s
electronic filing requirements, which went into
effect on August 5, 2011. Information on help using
IA ACCESS can be found at https://iaaccess.
trade.gov/help.aspx and a handbook can be found
at https://iaaccess.trade.gov/help/Handbook%
20on%20Electronic%20Filling%20Procedures.pdf.
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some physical product characteristics
utilized by manufacturers to describe
welded stainless pipe, it may be that
only a select few product characteristics
take into account commercially
meaningful physical characteristics. In
addition, interested parties may
comment on the order in which the
physical characteristics should be used
in matching products. Generally, the
Department attempts to list the most
important physical characteristics first
and the least important characteristics
last.
In order to consider the suggestions of
interested parties in developing and
issuing the AD questionnaires, we must
receive comments on product
characteristics by June 25, 2013.
Rebuttal comments must be received
by July 2, 2013. All comments and
submissions to the Department must be
filed electronically using IA ACCESS, as
referenced above.
Determination of Industry Support for
the Petitions
Section 732(b)(1) of the Act requires
that a petition be filed on behalf of the
domestic industry. Section 732(c)(4)(A)
of the Act provides that a petition meets
this requirement if the domestic
producers or workers who support the
petition account for: (i) At least 25
percent of the total production of the
domestic like product; and (ii) more
than 50 percent of the production of the
domestic like product produced by that
portion of the industry expressing
support for, or opposition to, the
petition. Moreover, section 732(c)(4)(D)
of the Act provides that, if the petition
does not establish support of domestic
producers or workers accounting for
more than 50 percent of the total
production of the domestic like product,
the Department shall: (i) Poll the
industry or rely on other information in
order to determine if there is support for
the petition, as required by
subparagraph (A); or (ii) determine
industry support using a statistically
valid sampling method to poll the
industry.
Section 771(4)(A) of the Act defines
the ‘‘industry’’ as the producers as a
whole of a domestic like product. Thus,
to determine whether a petition has the
requisite industry support, the statute
directs the Department to look to
producers and workers who produce the
domestic like product. The International
Trade Commission (ITC), which is
responsible for determining whether
‘‘the domestic industry’’ has been
injured, must also determine what
constitutes a domestic like product in
order to define the industry. While both
the Department and the ITC must apply
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the same statutory definition regarding
the domestic like product,6 they do so
for different purposes and pursuant to a
separate and distinct authority. In
addition, the Department’s
determination is subject to limitations of
time and information. Although this
may result in different definitions of the
like product, such differences do not
render the decision of either agency
contrary to law.7
Section 771(10) of the Act defines the
domestic like product as ‘‘a product
which is like, or in the absence of like,
most similar in characteristics and uses
with, the article subject to an
investigation under this title.’’ Thus, the
reference point from which the
domestic like product analysis begins is
‘‘the article subject to an investigation’’
(i.e., the class or kind of merchandise to
be investigated, which normally will be
the scope as defined in the petition).
With regard to the domestic like
product, Petitioners do not offer a
definition of domestic like product
distinct from the scope of the
investigations. Based on our analysis of
the information submitted on the
record, we have determined that welded
stainless pipe constitutes a single
domestic like product and we have
analyzed industry support in terms of
that domestic like product.8
In determining whether Petitioners
have standing under section
732(c)(4)(A) of the Act, we considered
the industry support data contained in
the Petitions with reference to the
domestic like product as defined in the
‘‘Scope of Investigations,’’ in Appendix
I of this notice. To establish industry
support, Petitioners provided their
shipments of the domestic like product
in 2012, and compared their shipments
to the estimated total shipments of the
domestic like product for the entire
domestic industry.9 Because total
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6 See
section 771(10) of the Act.
7 See USEC, Inc. v. United States, 132 F. Supp.
2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd.
v. United States, 688 F. Supp. 639, 644 (CIT 1988),
aff’d 865 F.2d 240 (Fed. Cir. 1989)).
8 For a discussion of the domestic like product
analysis in these cases, see Antidumping Duty
Investigation Initiation Checklist: Welded Stainless
Pressure Pipe from Malaysia (Malaysia Checklist),
Antidumping Duty Investigation Initiation
Checklist: Welded Stainless Pressure Pipe from
Thailand (Thailand Checklist), and Antidumping
Duty Investigation Initiation Checklist: Welded
Stainless Pressure Pipe from Vietnam (Vietnam
Checklist) at Attachment II, Analysis of Industry
Support for the Petitions Covering Welded Stainless
Pressure Pipe (Attachment II). These checklists are
dated concurrently with this notice and on file
electronically via IA ACCESS. Access to documents
filed via IA ACCESS is also available in the Central
Records Unit (CRU), Room 7046 of the main
Department of Commerce building.
9 See Volume I of the Petitions, at Exhibit I–3;
Malaysia Supplement at 1–3; Thailand Supplement
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industry production data for the
domestic like product for 2012 is not
reasonably available and Petitioners
have established that shipments are a
reasonable proxy for production data,10
we have relied upon the shipment data
provided by Petitioners for purposes of
measuring industry support.11
Our review of the data provided in the
Petitions, supplemental submissions,
and other information readily available
to the Department indicates that
Petitioners have established industry
support. First, the Petitions established
support from domestic producers
accounting for more than 50 percent of
the total shipments 12 of the domestic
like product and, as such, the
Department is not required to take
further action in order to evaluate
industry support (e.g., polling).13
Second, the domestic producers have
met the statutory criteria for industry
support under section 732(c)(4)(A)(i) of
the Act because the domestic producers
who support the Petitions account for at
least 25 percent of the total shipments
of the domestic like product.14 Finally,
the domestic producers have met the
statutory criteria for industry support
under section 732(c)(4)(A)(ii) of the Act
because the domestic producers who
support the Petitions account for more
than 50 percent of the shipments of the
domestic like product produced by that
portion of the industry expressing
support for, or opposition to, the
Petitions.15 Accordingly, the
Department determines that the
Petitions were filed on behalf of the
domestic industry within the meaning
of section 732(b)(1) of the Act.16
The Department finds that Petitioners
filed the Petitions on behalf of the
domestic industry because they are
interested parties as defined in section
771(9)(C) of the Act and they have
demonstrated sufficient industry
support with respect to the antidumping
at 1–3; Vietnam Supplement at 1–3; and Second
Supplement at 1–2.
10 See Malaysia Supplement, Thailand
Supplement, and Vietnam Supplement, at 2.
11 For further discussion, see Malaysia Checklist,
Thailand Checklist, and Vietnam Checklist, at
Attachment II.
12 As mentioned above, Petitioners have
established that shipments are a reasonable proxy
for production data. Section 351.203(e)(1) of the
Department’s regulations states ‘‘production levels
may be established by reference to alternative data
that the Secretary determines to be indicative of
production levels.’’
13 See section 732(c)(4)(D) of the Act and
Malaysia Checklist, Thailand Checklist, and
Vietnam Checklist, at Attachment II.
14 See Malaysia Checklist, Thailand Checklist,
and Vietnam Checklist, at Attachment II.
15 See id.
16 Id.
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duty investigations they are requesting
the Department initiate.17
Allegations and Evidence of Material
Injury and Causation
Petitioners allege that the U.S.
industry producing the domestic like
product is being materially injured, or is
threatened with material injury, by
reason of the imports of the subject
merchandise sold at less than normal
value (NV). In addition, Petitioners
allege that subject imports exceed the
negligibility threshold provided for
under section 771(24)(A) of the Act.18
Petitioners contend that the industry’s
injured condition is illustrated by
reduced market share; increased market
penetration; underselling and price
depression or suppression; lost sales
and revenues; declining production and
shipments and reduced capacity
utilization; increased inventories; and
decline in financial performance.19 We
have assessed the allegations and
supporting evidence regarding material
injury, threat of material injury, and
causation, and we have determined that
these allegations are properly supported
by adequate evidence and meet the
statutory requirements for initiation.20
Allegations of Sales at Less Than Fair
Value
The following is a description of the
allegations of sales at less-than-fairvalue upon which the Department based
its decision to initiate investigations of
imports of welded stainless pipe from
Malaysia, Thailand, and Vietnam. The
sources of data for the deductions and
adjustments relating to U.S. price and
NV are discussed in greater detail in the
Malaysia Initiation Checklist, Thailand
Initiation Checklist, and Vietnam
Initiation Checklist.
Export Price
Malaysia
Petitioners calculated U.S. price based
on an average unit value (AUV)
compiled from U.S. Department of
Commerce import statistics, obtained
through ITC’s Dataweb, for the POI.
17 Id.
18 See Malaysia Supplement, at 4 and Exhibit S8;
Thailand Supplement, at 4 and Exhibit S8; and
Vietnam Supplement, at 4 and Exhibit S8.
19 See Volume II of the Petitions, at 1, 5–10, 12
and Exhibits II–1 and II–2; see also Malaysia
Supplement, at 4 and Exhibit S7; Thailand
Supplement, at 4 and Exhibit S7; and Vietnam
Supplement, at 4 and Exhibit S7.
20 See Malaysia Initiation Checklist at Attachment
III, Analysis of Allegations and Evidence of Material
Injury and Causation for the Petitions Covering
Welded Stainless Pressure Pipe from Malaysia,
Thailand, and Vietnam (Attachment III); Thailand
Initiation Checklist at Attachment III; and Vietnam
Initiation Checklist at Attachment III.
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Petitioners used imports from Malaysia
under Harmonized Tariff Schedule of
the United States (HTSUS) subheading
7306.40.5064 to calculate an AUV
because this subheading most closely
corresponds to the products for which
Petitioners obtained home market
prices. Petitioners made no deductions
to the AUV they calculated.
States, but because home market
packing is not significantly different
than packing for export to the U.S.
market, no adjustment was made for
market differences in packing.
Petitioners made no other adjustments
to NV.
Thailand
Petitioners calculated U.S. price based
on an AUV compiled from U.S.
Department of Commerce import
statistics, obtained through ITC’s
Dataweb, for the POI. Petitioners used
imports from Thailand under HTSUS
subheading 7306.40.5064 to calculate an
AUV because this subheading most
closely corresponds to the products for
which Petitioners obtained home market
prices. Petitioners made no deductions
to the AUV they calculated. Because the
NV for Thailand was calculated on the
basis of net tons, Petitioners converted
the AUV to an AUV per net ton.
Petitioners state that the Department
has long treated Vietnam as a nonmarket economy (NME) country.23 In
accordance with section 771(18)(C)(i) of
the Act, the presumption of NME status
remains in effect until revoked by the
Department. The presumption of NME
status for Vietnam has not been revoked
by the Department and, therefore,
remains in effect for purposes of the
initiation of this investigation.
Accordingly, the NV of the product is
appropriately based on factors of
production (FOPs) valued in a surrogate
market-economy country in accordance
with section 773(c) of the Act. In the
course of this investigation, all parties,
including the public, will have the
opportunity to provide relevant
information related to the issues of
Vietnam’s NME status and the granting
of separate rates to individual exporters.
Petitioners claim that India is an
appropriate surrogate country because it
is a market economy that is at a
comparable level of economic
development to Vietnam. Petitioners
also believe that India is a significant
producer of merchandise under
consideration.24
Based on the information provided by
Petitioners, we believe it is appropriate
to use India as a surrogate country for
initiation purposes. Interested parties
will have the opportunity to submit
comments regarding surrogate country
selection and will be provided an
opportunity to submit publicly available
information to value FOPs within 40
days before the scheduled date of the
preliminary determination.25
Vietnam
Petitioners calculated U.S. price based
on an AUV compiled from U.S.
Department of Commerce import
statistics, obtained through ITC’s
Dataweb, for the POI. Petitioners used
imports from Vietnam under HTSUS
subheading 7306.40.5064 to calculate an
AUV because this subheading most
closely corresponds to the products for
which Petitioners calculated a normal
value.
Normal Value
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Malaysia
Petitioners based NV on reasonably
available home market prices of the
foreign like product produced and
offered for sale in Malaysia by a
Malaysia producer of welded stainless
pipe.21
According to Petitioners, packing
charges were included in the prices in
both the home market and in the United
States, but because home market
packing is not significantly different
than packing for export to the U.S.
market, no adjustment was made for
market differences in packing.
Thailand
Petitioners based NV on home market
prices of the foreign like product
produced and offered for sale in
Thailand by a Thai producer of welded
stainless pipe.22
According to Petitioners, packing
charges were included in the prices in
both the home market and in the United
21 See
22 See
Malaysia Initiation Checklist.
Thailand Initiation Checklist.
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Vietnam
Factors of Production
Petitioners based factors of
production usage on the consumption
rates of Bristol Metals, LLC. Petitioners
assert that the experience of Bristol
Metals is appropriate for comparison to
producers in Vietnam because the
production process is the same all over
the world. It consists of slowly and
carefully forming and welding high-end
23 See
Volume IV of the Petitions, at 1.
id., at 1–2.
25 See 19 CFR 351.301(c)(3)(i). Note that this is
the revised regulation published on April 1, 2013.
See https://www.gpo.gov/fdsys/pkg/CFR-2013title19-vol3/html/CFR-2013-title19-vol3.htm.
24 See
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stainless steel strip into a pipe of the
appropriate size.26
Valuation of Raw Materials and ByProduct
Petitioners valued steel coils and the
by-product offset based on reasonably
available, public surrogate country data,
specifically, Indian import statistics
from the Global Trade Atlas (GTA).27
Petitioners excluded from these import
statistics values from countries
previously determined by the
Department to be NME countries.
Petitioners also excluded imports from
Indonesia, the Republic of Korea and
Thailand, as the Department has
previously excluded imports from these
countries because they maintain broadly
available, non-industry-specific export
subsidies. In addition, Petitioners also
excluded certain imports that were
labeled as originating from an
unspecified country because it is the
Department’s normal practice to exclude
certain imports that were labeled as
originating from an ‘‘unspecified’’
country from the surrogate values
because the Department cannot be
certain that they were not from either an
NME country or a country with
generally available export subsidies.
Valuation of Direct and Indirect Labor
Petitioners determined labor costs
using the labor consumption rates
derived from one U.S. producer.28
Petitioners valued labor using a 2005
India wage rate from LABORSTA, a
labor database compiled by the
International Labor Organization (ILO)
and disseminated in Chapter 6A of the
ILO Yearbook of Labor Statistics.
Petitioners adjusted this rate for
inflation.29
Valuation of Energy
Petitioners determined electricity
costs using the electricity consumption
rates, in kilowatt hours, derived from
one U.S. producer’s experience.
Petitioners assigned a value to those
consumption rates using the Indian
electricity rate reported by the Central
Electric Authority of the Government of
India.30
In addition to electricity, Petitioners
also included costs for the energy inputs
hydrogen, helium, and argon. They
valued these factors using data from the
26 See
Vietnam Supplement, at A–1 to A–2.
Volume IV of the Petitions, at 3–4 and
Exhibit IV–3 and the Vietnam Supplement, at
Exhibit IV–3 (Revised).
28 See Volume IV of the Petitions, at 5 and Exhibit
IV–2.
29 See Volume IV of the Petitions, at 5 and Exhibit
IV–5 and Vietnam Supplement, at A–3.
30 See Volume IV of the Petitions at 5.
27 See
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Federal Register / Vol. 78, No. 113 / Wednesday, June 12, 2013 / Notices
GTA for the period September 2012
through February 2013, the most recent
six-month period for which data were
available.31
Packing Materials
Petitioners made no adjustment for
packing because they believed packing
costs do not differ significantly between
the two markets, and it would thus have
no effect on the margin.32
Valuation of Factory Overhead, Selling,
General and Administrative Expenses,
and Profit
Petitioners calculated financial ratios
(i.e., manufacturing overhead, SG&A,
and profit) using the financial statement
of Ratnamani Metals & Tube, an Indian
producer of comparable merchandise for
the year ending March 31, 2012.33
Fair Value Comparisons
Based on the data provided by
Petitioners, there is reason to believe
that imports of welded stainless pipe
from Malaysia, Thailand, and Vietnam
are being, or are likely to be, sold in the
United States at less than fair value.
Based on comparisons of EP to NV in
accordance with section 773(a)(1) of the
Act, the estimated dumping margins for
welded stainless pipe from Malaysia
range from 22.67 percent to 22.73
percent.34 Based on comparisons of EP
to NV in accordance with section
773(a)(1) of the Act, the estimated
dumping margins for welded stainless
pipe from Thailand range from 23.77
percent to 24.01 percent.35 Based on
comparisons of EP to NV in accordance
with section 773(c) of the Act, the
estimated dumping margins for welded
stainless pipe from Vietnam range from
89.4 percent to 90.8 percent.36
mstockstill on DSK4VPTVN1PROD with NOTICES
Initiation of Antidumping Duty
Investigations
Based upon the examination of the
Petitions on welded stainless pipe from
Malaysia, Thailand and Vietnam, we
find that the Petitions meet the
requirements of section 732 of the Act.
Therefore, we are initiating AD
investigations to determine whether
imports of welded stainless pipe from
Malaysia, Thailand, and Vietnam are
being, or are likely to be, sold in the
United States at less than fair value. In
accordance with section 733(b)(1)(A) of
31 See id., at Exhibit IV–2; see also Vietnam
Supplement, at and Exhibit IV–3 (Revised).
32 See Vietnam Supplement, at A–2.
33 See Volume IV of the Petitions, at 5 and Exhibit
IV–6; see also Vietnam Supplement, at Exhibit IV–
6 (Revised).
34 See Malaysia Initiation Checklist.
35 See Thailand Initiation Checklist.
36 See Vietnam Initiation Checklist.
VerDate Mar<15>2010
16:32 Jun 11, 2013
Jkt 229001
the Act and 19 CFR 351.205(b)(1),
unless postponed, we will make our
preliminary determinations no later
than 140 days after the date of this
initiation.
Respondent Selection
With respect to Malaysia, Petitioners
name seven companies as producers/
exporters of welded stainless pipe from
Malaysia: Amalgamated Industrial Steel
Berbad; Kanzen Tetsu Sdn. Bhd.; Tan
Timur Stainless Steel Dan Copper Sdn.
Bhd.; Prestar Precision Tube Sdn. Bhd.;
Pantech Stainless & Alloy Industries
Sdn. Bhd.; K. Seng Seng Corporation
Berhad; and Superinox Pipe Industry
Sdn. Bhd.37
Following standard practice in AD
investigations involving market
economy countries, in the event the
Department determines that the number
of known exporters or producers for this
investigation is large, the Department
may select respondents based on U.S.
Customs and Border Protection (CBP)
data for U.S. imports of welded stainless
pipe from Malaysia. We intend to
release the CBP data under
Administrative Protective Order (APO)
to all parties with access to information
protected by APO within five days of
publication of this Federal Register
notice.
We intend to make our decision
regarding respondent selection within
20 days of publication of this notice.
The Department invites comments
regarding the CBP data and respondent
selection within seven days of
publication of this Federal Register
notice for Malaysia, Thailand, and
Vietnam.38
As to Thailand and Vietnam, although
the Department normally relies on
import data from CBP to select a limited
number of exporters/producers for
individual examination in AD
investigations, these Petitions name
only one company as a producer and/or
exporter of welded stainless pipe from
Vietnam (Sonha) and two companies as
producers and/or exporters of welded
stainless pipe from Thailand (ThaiGerman Products Public Co., Ltd. and
Toyo Millennium). We currently know
of no additional exporters or producers
of subject merchandise from these
countries. Accordingly, the Department
intends to examine all known exporters
of welded stainless steel pipe from
Thailand and Vietnam.
37 See
the Petitions at Volume I, Exhibit I–5.
Bottom Mount Combination RefrigeratorFreezers From the Republic of Korea and Mexico:
Initiation of Antidumping Duty Investigations, 76
FR 23281, 23285 (April 26, 2011).
38 See
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Frm 00019
Fmt 4703
Sfmt 4703
35257
Separate Rates
In order to obtain separate-rate status
in an NME investigation, exporters and
producers must submit a separate-rate
status application.39 The specific
requirements for submitting the
separate-rate application in the Vietnam
investigation are outlined in detail in
the application itself, which will be
available on the Department’s Web site
at https://trade.gov/ia/ia-highlights-andnews.html on the date of publication of
this initiation notice in the Federal
Register. The separate-rate application
will be due 60 days after publication of
this initiation notice. For exporters and
producers who submit a separate-rate
status application and have been
selected as mandatory respondents,
these exporters and producers will no
longer be eligible for consideration for
separate rate status unless they respond
to all parts of the questionnaire as
mandatory respondents. The
Department requires that Vietnam
respondents submit a response to the
separate-rate application by the
deadline in order to receive
consideration for separate-rate status.
Use of Combination Rates
The Department will calculate
combination rates for certain
respondents that are eligible for a
separate rate in an NME investigation.
The Separate Rates and Combination
Rates Bulletin states:
[w]hile continuing the practice of assigning
separate rates only to exporters, all separate
rates that the Department will now assign in
its NME Investigation will be specific to
those producers that supplied the exporter
during the period of investigation. Note,
however, that one rate is calculated for the
exporter and all of the producers which
supplied subject merchandise to it during the
period of investigation. This practice applies
both to mandatory respondents receiving an
individually calculated separate rate as well
as the pool of non-investigated firms
receiving the weighted-average of the
individually calculated rates. This practice is
referred to as the application of ‘‘combination
rates’’ because such rates apply to specific
combinations of exporters and one or more
producers. The cash-deposit rate assigned to
an exporter will apply only to merchandise
both exported by the firm in question and
produced by a firm that supplied the exporter
during the period of investigation.40
39 See Policy Bulletin 05.1: Separate-Rates
Practice and Application of Combination Rates in
Antidumping Investigation involving Non-Market
Economy Countries (April 5, 2005) (‘‘Separate Rates
and Combination Rates Bulletin’’), available on the
Department’s Web site at https://trade.gov/ia/policy/
bull05-1.pdf.
40 See Separate Rates and Combination Rates
Bulletin at 6 (emphasis added).
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Federal Register / Vol. 78, No. 113 / Wednesday, June 12, 2013 / Notices
Distribution of Copies of the Petitions
In accordance with section
732(b)(3)(A) of the Act and 19 CFR
351.202(f), copies of the public version
of the Petitions have been provided to
the Governments of Malaysia, Thailand,
and Vietnam via IA ACCESS. To the
extent practicable, we will attempt to
provide a copy of the public version of
the Petitions to each exporter named in
the Petitions, as provided under 19 CFR
351.203(c)(2).
ITC Notification
We have notified the ITC of our
initiation, as required by section 732(d)
of the Act.
mstockstill on DSK4VPTVN1PROD with NOTICES
Preliminary Determinations by the ITC
The ITC will preliminarily determine
no later than July 1, 2013, whether there
is a reasonable indication that imports
of welded stainless pipe from Malaysia,
Thailand, and Vietnam are materially
injuring or threatening material injury to
a U.S. industry. A negative ITC
determination for any country will
result in the investigation being
terminated with respect to that country;
otherwise, these investigations will
proceed according to statutory and
regulatory time limits.
Submission of Factual Information
On April 10, 2013, the Department
published Definition of Factual
Information and Time Limits for
Submission of Factual Information:
Final Rule, 78 FR 21246 (April 10,
2013), which modified two regulations
related to AD and countervailing duty
(CVD) proceedings: the definition of
factual information (19 CFR
351.102(b)(21)), and the time limits for
the submission of factual information
(19 CFR 351.301). The final rule
identifies five categories of factual
information in 19 CFR 351.102(b)(21),
which are summarized as follows: (i)
Evidence submitted in response to
questionnaires; (ii) evidence submitted
in support of allegations; (iii) publicly
available information to value factors
under 19 CFR 351.408(c) or to measure
the adequacy of remuneration under 19
CFR 351.511(a)(2); (iv) evidence placed
on the record by the Department; and (v)
evidence other than factual information
described in (i)–(iv). The final rule
requires any party, when submitting
factual information, to specify under
which subsection of 19 CFR
351.102(b)(21) the information is being
submitted and, if the information is
submitted to rebut, clarify, or correct
factual information already on the
record, to provide an explanation
identifying the information already on
the record that the factual information
VerDate Mar<15>2010
16:32 Jun 11, 2013
Jkt 229001
seeks to rebut, clarify, or correct. The
final rule also modified 19 CFR 351.301
so that, rather than providing general
time limits, there are specific time limits
based on the type of factual information
being submitted. These modifications
are effective for all proceeding segments
initiated on or after May 10, 2013, and
thus are applicable to these
investigations. Please review the final
rule, available at https://ia.ita.doc.gov/
frn/2013/1304frn/2013-08227.txt, prior
to submitting factual information in
these investigations.
Notification to Interested Parties
Interested parties must submit
applications for disclosure under
administrative protective order in
accordance with 19 CFR 351.305. On
January 22, 2008, the Department
published Antidumping and
Countervailing Duty Proceedings:
Documents Submission Procedures;
APO Procedures, 73 FR 3634 (Jan. 22,
2008). Parties wishing to participate in
these investigations should ensure that
they meet the requirements of these
procedures (e.g., the filing of letters of
appearance as discussed at 19 CFR
351.103(d)).
Any party submitting factual
information in an AD/CVD proceeding
must certify to the accuracy and
completeness of that information.41
Parties are hereby reminded that revised
certification requirements are in effect
for company/government officials as
well as their representatives in all
segments of any AD/CVD proceedings
initiated on or after March 14, 2011.42
The formats for the revised certifications
are provided at the end of the Interim
Final Rule. The Department intends to
reject factual submissions in any
proceeding segments if the submitting
party does not comply with the revised
certification requirements.
This notice is issued and published
pursuant to section 777(i) of the Act.
Dated: June 5, 2013.
Paul Piquado,
for Import Administration.
Appendix I
Scope of the Investigations
The merchandise covered by these
investigations is circular welded austenitic
41 See
section 782(b) of the Act.
Certification of Factual Information to
Import Administration During Antidumping and
Countervailing Duty Proceedings: Interim Final
Rule, 76 FR 7491 (February 10, 2011) (Interim Final
Rule) amending 19 CFR 351.303(g)(1) & (2) and
supplemented by Certification of Factual
Information To Import Administration During
Antidumping and Countervailing Duty Proceedings:
Supplemental Interim Final Rule, 76 FR 54697
(September 2, 2011).
42 See
PO 00000
Frm 00020
Fmt 4703
Sfmt 4703
stainless pressure pipe not greater than 14
inches in outside diameter. For purposes of
these investigations, references to size are in
nominal inches and include all products
within tolerances allowed by pipe
specifications. This merchandise includes,
but is not limited to, the American Society
for Testing and Materials (ASTM) A–312 or
ASTM A–778 specifications, or comparable
domestic or foreign specifications. ASTM A–
358 products are only included when they
are produced to meet ASTM A–312 or ASTM
A–778 specifications, or comparable
domestic or foreign specifications.
Excluded from the scope are: (1) Welded
stainless mechanical tubing, meeting ASTM
A–554 or comparable domestic or foreign
specifications; (2) boiler, heat exchanger,
superheater, refining furnace, feedwater
heater, and condenser tubing, meeting ASTM
A–249, ASTM A–688 or comparable
domestic or foreign specifications; and (3)
specialized tubing, meeting ASTM A269,
ASTM A–270 or comparable domestic or
foreign specifications.
The subject imports are normally classified
in subheadings 7306.40.5005, 7306.40.5040,
7306.40.5062, 7306.40.5064, and
7306.40.5085 of the Harmonized Tariff
Schedule of the United States (HTSUS). They
may also enter under HTSUS subheadings
7306.40.1010, 7306.40.1015, 7306.40.5042,
7306.40.5044, 7306.40.5080, and
7306.40.5090. The HTSUS subheadings are
provided for convenience and customs
purposes only; the written description of the
scope of these investigations is dispositive.
[FR Doc. 2013–13963 Filed 6–11–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–823–810]
Solid Agricultural Grade Ammonium
Nitrate from Ukraine: Continuation of
Antidumping Duty Order
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the
determination by the Department of
Commerce (‘‘Department’’) that
revocation of the antidumping duty
order 1 on solid agricultural grade
ammonium nitrate from Ukraine would
likely lead to continuation or recurrence
of dumping, and the determination by
the International Trade Commission
(‘‘ITC’’) that revocation of the Order
would likely lead to continuation or
recurrence of material injury to an
industry in the United States, the
Department is publishing this notice of
the continuation of the Order.
DATES: Effective Date: June 12, 2013.
AGENCY:
1 See Antidumping Duty Order: Solid Agricultural
Grade Ammonium Nitrate from Ukraine, 66 FR
47451 (September 12, 2001) (‘‘the Order’’).
E:\FR\FM\12JNN1.SGM
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]]>Agencies
[Federal Register Volume 78, Number 113 (Wednesday, June 12, 2013)]
[Notices]
[Pages 35253-35258]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13963]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-557-815, A-549-830, A-552-816]
Welded Stainless Pressure Pipe From Malaysia, Thailand, and the
Socialist Republic of Vietnam: Initiation of Antidumping Duty
Investigations
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: June 12, 2013.
FOR FURTHER INFORMATION CONTACT: Edythe Artman (Malaysia), Victoria Cho
(Thailand), or Fred Baker (Vietnam), at (202) 482-3931, (202) 482-5075,
or at (202) 482-2924, respectively, AD/CVD Operations, Office 7, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue NW., Washington, DC
20230.
SUPPLEMENTARY INFORMATION:
The Petitions
On May 16, 2013, the Department of Commerce (the Department)
received antidumping duty (AD) Petitions concerning imports of welded
stainless pressure pipe (welded stainless pipe) from Malaysia,
Thailand, and the Socialist Republic of Vietnam (Vietnam) filed in
proper form on behalf of Bristol Metals, LLC, Felker Brothers Corp.,
and Outokumpu Stainless Pipe, Inc., (collectively, Petitioners).\1\
Petitioners are domestic producers of welded stainless pipe. On May 21,
2013, the Department requested additional information and clarification
of certain areas of the Petitions. Petitioners filed responses to these
requests on May 24, 2013.\2\ On May 29, 2013, the Department requested
additional information and clarification of certain
[[Page 35254]]
areas of the Petitions. Petitioners filed responses to these requests
on May 30, 2013.\3\
---------------------------------------------------------------------------
\1\ See Petitions for the Imposition of Antidumping Duties on
Imports of Welded Stainless Pressure Pipe from Malaysia, Thailand,
and Vietnam, dated May 16, 2013 (Petitions).
\2\ See Supplement to the Malaysia Petition, dated May 24, 2013
(Malaysia Supplement), Supplement to the Thailand Petition, dated
May 24, 2013 (Thailand Supplement); and Supplement to the Vietnam
Petition, dated May 24, 2013 (Vietnam Supplement).
\3\ See Second General Issues Supplement to the Petitions, dated
May 30, 2013 (Second Supplement).
---------------------------------------------------------------------------
In accordance with section 732(b) of the Tariff Act of 1930, as
amended (the Act), Petitioners allege that imports of welded stainless
pipe from Malaysia, Thailand, and Vietnam are being, or are likely to
be, sold in the United States at less than fair value within the
meaning of section 731 of the Act and that such imports are materially
injuring, or threatening material injury to, an industry in the United
States. Also, consistent with section 732(b)(1) of the Act, the
Petitions are accompanied by information reasonably available to
Petitioners supporting their allegations.
The Department finds that Petitioners filed these Petitions on
behalf of the domestic industry because Petitioners are interested
parties as defined in section 771(9)(C) of the Act. The Department also
finds that Petitioners have demonstrated sufficient industry support
with respect to the initiation of the AD investigations that
Petitioners are requesting. See the ``Determination of Industry Support
for the Petitions'' section below.
Periods of Investigation
Because the Petitions were filed on May 16, 2013, the period of
investigation (POI) for the Vietnam investigation is October 1, 2012,
through March 31, 2013. The POI for the Malaysia and Thailand
investigations is April 1, 2012, through March 31, 2013.\4\
---------------------------------------------------------------------------
\4\ See 19 CFR 351.204(b)(1).
---------------------------------------------------------------------------
Scope of the Investigations
The product covered by these investigations is welded stainless
pipe from Malaysia, Thailand, and Vietnam. For a full description of
the scope of the investigations, see the ``Scope of the
Investigations,'' in Appendix I of this notice.
Comments on Scope of Investigations
During our review of the Petitions, we discussed the scope with
Petitioners to ensure that it is an accurate reflection of the product
for which the domestic industry is seeking relief. Moreover, as
discussed in the preamble to the regulations (Antidumping Duties;
Countervailing Duties; Final Rule, 62 FR 27296, 27323 (May 19, 1997)),
we are setting aside a period for interested parties to raise issues
regarding product coverage. The Department encourages all interested
parties to submit such comments by June 25, 2013, 5:00 p.m. Eastern
Daylight Time, 20 calendar days from the signature date of this notice.
All comments must be filed on the records of the Malaysia, Thailand,
and Vietnam AD investigations. All comments and submissions to the
Department must be filed electronically using Import Administration's
Antidumping Countervailing Duty Centralized Electronic Service System
(IA ACCESS).\5\ An electronically filed document must be received
successfully in its entirety by the Department's electronic records
system, IA ACCESS, by the time and date noted above. Documents excepted
from the electronic submission requirements must be filed manually
(i.e., in paper form) with Import Administration's APO/Dockets Unit,
Room 1870, U.S. Department of Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230, and stamped with the date and time of
receipt by the deadline noted above.
---------------------------------------------------------------------------
\5\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011) for details of the
Department's electronic filing requirements, which went into effect
on August 5, 2011. Information on help using IA ACCESS can be found
at https://iaaccess.trade.gov/help.aspx and a handbook can be found
at https://iaaccess.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf.
---------------------------------------------------------------------------
The period of scope comments is intended to provide the Department
with ample opportunity to consider all comments and to consult with
parties prior to the issuance of the preliminary determinations.
Comments on Product Characteristics for Antidumping Questionnaires
The Department requests comments from interested parties regarding
the appropriate physical characteristics of welded stainless pipe to be
reported in response to the Department's AD questionnaires. This
information will be used to identify the key physical characteristics
of the subject merchandise in order to report the relevant factors and
costs of production accurately as well as to develop appropriate
product-comparison criteria.
Interested parties may provide any information or comments that
they feel are relevant to the development of an accurate list of
physical characteristics. Specifically, they may provide comments as to
which characteristics are appropriate to use as: (1) General product
characteristics and (2) product-comparison criteria. We note that it is
not always appropriate to use all product characteristics as product-
comparison criteria. We base product-comparison criteria on meaningful
commercial differences among products. In other words, while there may
be some physical product characteristics utilized by manufacturers to
describe welded stainless pipe, it may be that only a select few
product characteristics take into account commercially meaningful
physical characteristics. In addition, interested parties may comment
on the order in which the physical characteristics should be used in
matching products. Generally, the Department attempts to list the most
important physical characteristics first and the least important
characteristics last.
In order to consider the suggestions of interested parties in
developing and issuing the AD questionnaires, we must receive comments
on product characteristics by June 25, 2013.
Rebuttal comments must be received by July 2, 2013. All comments
and submissions to the Department must be filed electronically using IA
ACCESS, as referenced above.
Determination of Industry Support for the Petitions
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) At least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, the Department
shall: (i) Poll the industry or rely on other information in order to
determine if there is support for the petition, as required by
subparagraph (A); or (ii) determine industry support using a
statistically valid sampling method to poll the industry.
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs the Department to look to producers and workers who produce the
domestic like product. The International Trade Commission (ITC), which
is responsible for determining whether ``the domestic industry'' has
been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both the Department and
the ITC must apply
[[Page 35255]]
the same statutory definition regarding the domestic like product,\6\
they do so for different purposes and pursuant to a separate and
distinct authority. In addition, the Department's determination is
subject to limitations of time and information. Although this may
result in different definitions of the like product, such differences
do not render the decision of either agency contrary to law.\7\
---------------------------------------------------------------------------
\6\ See section 771(10) of the Act.
\7\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
---------------------------------------------------------------------------
Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, Petitioners do not offer
a definition of domestic like product distinct from the scope of the
investigations. Based on our analysis of the information submitted on
the record, we have determined that welded stainless pipe constitutes a
single domestic like product and we have analyzed industry support in
terms of that domestic like product.\8\
---------------------------------------------------------------------------
\8\ For a discussion of the domestic like product analysis in
these cases, see Antidumping Duty Investigation Initiation
Checklist: Welded Stainless Pressure Pipe from Malaysia (Malaysia
Checklist), Antidumping Duty Investigation Initiation Checklist:
Welded Stainless Pressure Pipe from Thailand (Thailand Checklist),
and Antidumping Duty Investigation Initiation Checklist: Welded
Stainless Pressure Pipe from Vietnam (Vietnam Checklist) at
Attachment II, Analysis of Industry Support for the Petitions
Covering Welded Stainless Pressure Pipe (Attachment II). These
checklists are dated concurrently with this notice and on file
electronically via IA ACCESS. Access to documents filed via IA
ACCESS is also available in the Central Records Unit (CRU), Room
7046 of the main Department of Commerce building.
---------------------------------------------------------------------------
In determining whether Petitioners have standing under section
732(c)(4)(A) of the Act, we considered the industry support data
contained in the Petitions with reference to the domestic like product
as defined in the ``Scope of Investigations,'' in Appendix I of this
notice. To establish industry support, Petitioners provided their
shipments of the domestic like product in 2012, and compared their
shipments to the estimated total shipments of the domestic like product
for the entire domestic industry.\9\ Because total industry production
data for the domestic like product for 2012 is not reasonably available
and Petitioners have established that shipments are a reasonable proxy
for production data,\10\ we have relied upon the shipment data provided
by Petitioners for purposes of measuring industry support.\11\
---------------------------------------------------------------------------
\9\ See Volume I of the Petitions, at Exhibit I-3; Malaysia
Supplement at 1-3; Thailand Supplement at 1-3; Vietnam Supplement at
1-3; and Second Supplement at 1-2.
\10\ See Malaysia Supplement, Thailand Supplement, and Vietnam
Supplement, at 2.
\11\ For further discussion, see Malaysia Checklist, Thailand
Checklist, and Vietnam Checklist, at Attachment II.
---------------------------------------------------------------------------
Our review of the data provided in the Petitions, supplemental
submissions, and other information readily available to the Department
indicates that Petitioners have established industry support. First,
the Petitions established support from domestic producers accounting
for more than 50 percent of the total shipments \12\ of the domestic
like product and, as such, the Department is not required to take
further action in order to evaluate industry support (e.g.,
polling).\13\ Second, the domestic producers have met the statutory
criteria for industry support under section 732(c)(4)(A)(i) of the Act
because the domestic producers who support the Petitions account for at
least 25 percent of the total shipments of the domestic like
product.\14\ Finally, the domestic producers have met the statutory
criteria for industry support under section 732(c)(4)(A)(ii) of the Act
because the domestic producers who support the Petitions account for
more than 50 percent of the shipments of the domestic like product
produced by that portion of the industry expressing support for, or
opposition to, the Petitions.\15\ Accordingly, the Department
determines that the Petitions were filed on behalf of the domestic
industry within the meaning of section 732(b)(1) of the Act.\16\
---------------------------------------------------------------------------
\12\ As mentioned above, Petitioners have established that
shipments are a reasonable proxy for production data. Section
351.203(e)(1) of the Department's regulations states ``production
levels may be established by reference to alternative data that the
Secretary determines to be indicative of production levels.''
\13\ See section 732(c)(4)(D) of the Act and Malaysia Checklist,
Thailand Checklist, and Vietnam Checklist, at Attachment II.
\14\ See Malaysia Checklist, Thailand Checklist, and Vietnam
Checklist, at Attachment II.
\15\ See id.
\16\ Id.
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The Department finds that Petitioners filed the Petitions on behalf
of the domestic industry because they are interested parties as defined
in section 771(9)(C) of the Act and they have demonstrated sufficient
industry support with respect to the antidumping duty investigations
they are requesting the Department initiate.\17\
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\17\ Id.
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Allegations and Evidence of Material Injury and Causation
Petitioners allege that the U.S. industry producing the domestic
like product is being materially injured, or is threatened with
material injury, by reason of the imports of the subject merchandise
sold at less than normal value (NV). In addition, Petitioners allege
that subject imports exceed the negligibility threshold provided for
under section 771(24)(A) of the Act.\18\
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\18\ See Malaysia Supplement, at 4 and Exhibit S8; Thailand
Supplement, at 4 and Exhibit S8; and Vietnam Supplement, at 4 and
Exhibit S8.
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Petitioners contend that the industry's injured condition is
illustrated by reduced market share; increased market penetration;
underselling and price depression or suppression; lost sales and
revenues; declining production and shipments and reduced capacity
utilization; increased inventories; and decline in financial
performance.\19\ We have assessed the allegations and supporting
evidence regarding material injury, threat of material injury, and
causation, and we have determined that these allegations are properly
supported by adequate evidence and meet the statutory requirements for
initiation.\20\
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\19\ See Volume II of the Petitions, at 1, 5-10, 12 and Exhibits
II-1 and II-2; see also Malaysia Supplement, at 4 and Exhibit S7;
Thailand Supplement, at 4 and Exhibit S7; and Vietnam Supplement, at
4 and Exhibit S7.
\20\ See Malaysia Initiation Checklist at Attachment III,
Analysis of Allegations and Evidence of Material Injury and
Causation for the Petitions Covering Welded Stainless Pressure Pipe
from Malaysia, Thailand, and Vietnam (Attachment III); Thailand
Initiation Checklist at Attachment III; and Vietnam Initiation
Checklist at Attachment III.
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Allegations of Sales at Less Than Fair Value
The following is a description of the allegations of sales at less-
than-fair-value upon which the Department based its decision to
initiate investigations of imports of welded stainless pipe from
Malaysia, Thailand, and Vietnam. The sources of data for the deductions
and adjustments relating to U.S. price and NV are discussed in greater
detail in the Malaysia Initiation Checklist, Thailand Initiation
Checklist, and Vietnam Initiation Checklist.
Export Price
Malaysia
Petitioners calculated U.S. price based on an average unit value
(AUV) compiled from U.S. Department of Commerce import statistics,
obtained through ITC's Dataweb, for the POI.
[[Page 35256]]
Petitioners used imports from Malaysia under Harmonized Tariff Schedule
of the United States (HTSUS) subheading 7306.40.5064 to calculate an
AUV because this subheading most closely corresponds to the products
for which Petitioners obtained home market prices. Petitioners made no
deductions to the AUV they calculated.
Thailand
Petitioners calculated U.S. price based on an AUV compiled from
U.S. Department of Commerce import statistics, obtained through ITC's
Dataweb, for the POI. Petitioners used imports from Thailand under
HTSUS subheading 7306.40.5064 to calculate an AUV because this
subheading most closely corresponds to the products for which
Petitioners obtained home market prices. Petitioners made no deductions
to the AUV they calculated. Because the NV for Thailand was calculated
on the basis of net tons, Petitioners converted the AUV to an AUV per
net ton.
Vietnam
Petitioners calculated U.S. price based on an AUV compiled from
U.S. Department of Commerce import statistics, obtained through ITC's
Dataweb, for the POI. Petitioners used imports from Vietnam under HTSUS
subheading 7306.40.5064 to calculate an AUV because this subheading
most closely corresponds to the products for which Petitioners
calculated a normal value.
Normal Value
Malaysia
Petitioners based NV on reasonably available home market prices of
the foreign like product produced and offered for sale in Malaysia by a
Malaysia producer of welded stainless pipe.\21\
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\21\ See Malaysia Initiation Checklist.
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According to Petitioners, packing charges were included in the
prices in both the home market and in the United States, but because
home market packing is not significantly different than packing for
export to the U.S. market, no adjustment was made for market
differences in packing.
Thailand
Petitioners based NV on home market prices of the foreign like
product produced and offered for sale in Thailand by a Thai producer of
welded stainless pipe.\22\
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\22\ See Thailand Initiation Checklist.
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According to Petitioners, packing charges were included in the
prices in both the home market and in the United States, but because
home market packing is not significantly different than packing for
export to the U.S. market, no adjustment was made for market
differences in packing. Petitioners made no other adjustments to NV.
Vietnam
Petitioners state that the Department has long treated Vietnam as a
non-market economy (NME) country.\23\ In accordance with section
771(18)(C)(i) of the Act, the presumption of NME status remains in
effect until revoked by the Department. The presumption of NME status
for Vietnam has not been revoked by the Department and, therefore,
remains in effect for purposes of the initiation of this investigation.
Accordingly, the NV of the product is appropriately based on factors of
production (FOPs) valued in a surrogate market-economy country in
accordance with section 773(c) of the Act. In the course of this
investigation, all parties, including the public, will have the
opportunity to provide relevant information related to the issues of
Vietnam's NME status and the granting of separate rates to individual
exporters.
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\23\ See Volume IV of the Petitions, at 1.
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Petitioners claim that India is an appropriate surrogate country
because it is a market economy that is at a comparable level of
economic development to Vietnam. Petitioners also believe that India is
a significant producer of merchandise under consideration.\24\
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\24\ See id., at 1-2.
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Based on the information provided by Petitioners, we believe it is
appropriate to use India as a surrogate country for initiation
purposes. Interested parties will have the opportunity to submit
comments regarding surrogate country selection and will be provided an
opportunity to submit publicly available information to value FOPs
within 40 days before the scheduled date of the preliminary
determination.\25\
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\25\ See 19 CFR 351.301(c)(3)(i). Note that this is the revised
regulation published on April 1, 2013. See https://www.gpo.gov/fdsys/pkg/CFR-2013-title19-vol3/html/CFR-2013-title19-vol3.htm.
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Factors of Production
Petitioners based factors of production usage on the consumption
rates of Bristol Metals, LLC. Petitioners assert that the experience of
Bristol Metals is appropriate for comparison to producers in Vietnam
because the production process is the same all over the world. It
consists of slowly and carefully forming and welding high-end stainless
steel strip into a pipe of the appropriate size.\26\
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\26\ See Vietnam Supplement, at A-1 to A-2.
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Valuation of Raw Materials and By-Product
Petitioners valued steel coils and the by-product offset based on
reasonably available, public surrogate country data, specifically,
Indian import statistics from the Global Trade Atlas (GTA).\27\
Petitioners excluded from these import statistics values from countries
previously determined by the Department to be NME countries.
Petitioners also excluded imports from Indonesia, the Republic of Korea
and Thailand, as the Department has previously excluded imports from
these countries because they maintain broadly available, non-industry-
specific export subsidies. In addition, Petitioners also excluded
certain imports that were labeled as originating from an unspecified
country because it is the Department's normal practice to exclude
certain imports that were labeled as originating from an
``unspecified'' country from the surrogate values because the
Department cannot be certain that they were not from either an NME
country or a country with generally available export subsidies.
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\27\ See Volume IV of the Petitions, at 3-4 and Exhibit IV-3 and
the Vietnam Supplement, at Exhibit IV-3 (Revised).
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Valuation of Direct and Indirect Labor
Petitioners determined labor costs using the labor consumption
rates derived from one U.S. producer.\28\ Petitioners valued labor
using a 2005 India wage rate from LABORSTA, a labor database compiled
by the International Labor Organization (ILO) and disseminated in
Chapter 6A of the ILO Yearbook of Labor Statistics. Petitioners
adjusted this rate for inflation.\29\
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\28\ See Volume IV of the Petitions, at 5 and Exhibit IV-2.
\29\ See Volume IV of the Petitions, at 5 and Exhibit IV-5 and
Vietnam Supplement, at A-3.
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Valuation of Energy
Petitioners determined electricity costs using the electricity
consumption rates, in kilowatt hours, derived from one U.S. producer's
experience. Petitioners assigned a value to those consumption rates
using the Indian electricity rate reported by the Central Electric
Authority of the Government of India.\30\
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\30\ See Volume IV of the Petitions at 5.
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In addition to electricity, Petitioners also included costs for the
energy inputs hydrogen, helium, and argon. They valued these factors
using data from the
[[Page 35257]]
GTA for the period September 2012 through February 2013, the most
recent six-month period for which data were available.\31\
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\31\ See id., at Exhibit IV-2; see also Vietnam Supplement, at
and Exhibit IV-3 (Revised).
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Packing Materials
Petitioners made no adjustment for packing because they believed
packing costs do not differ significantly between the two markets, and
it would thus have no effect on the margin.\32\
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\32\ See Vietnam Supplement, at A-2.
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Valuation of Factory Overhead, Selling, General and Administrative
Expenses, and Profit
Petitioners calculated financial ratios (i.e., manufacturing
overhead, SG&A, and profit) using the financial statement of Ratnamani
Metals & Tube, an Indian producer of comparable merchandise for the
year ending March 31, 2012.\33\
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\33\ See Volume IV of the Petitions, at 5 and Exhibit IV-6; see
also Vietnam Supplement, at Exhibit IV-6 (Revised).
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Fair Value Comparisons
Based on the data provided by Petitioners, there is reason to
believe that imports of welded stainless pipe from Malaysia, Thailand,
and Vietnam are being, or are likely to be, sold in the United States
at less than fair value. Based on comparisons of EP to NV in accordance
with section 773(a)(1) of the Act, the estimated dumping margins for
welded stainless pipe from Malaysia range from 22.67 percent to 22.73
percent.\34\ Based on comparisons of EP to NV in accordance with
section 773(a)(1) of the Act, the estimated dumping margins for welded
stainless pipe from Thailand range from 23.77 percent to 24.01
percent.\35\ Based on comparisons of EP to NV in accordance with
section 773(c) of the Act, the estimated dumping margins for welded
stainless pipe from Vietnam range from 89.4 percent to 90.8
percent.\36\
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\34\ See Malaysia Initiation Checklist.
\35\ See Thailand Initiation Checklist.
\36\ See Vietnam Initiation Checklist.
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Initiation of Antidumping Duty Investigations
Based upon the examination of the Petitions on welded stainless
pipe from Malaysia, Thailand and Vietnam, we find that the Petitions
meet the requirements of section 732 of the Act. Therefore, we are
initiating AD investigations to determine whether imports of welded
stainless pipe from Malaysia, Thailand, and Vietnam are being, or are
likely to be, sold in the United States at less than fair value. In
accordance with section 733(b)(1)(A) of the Act and 19 CFR
351.205(b)(1), unless postponed, we will make our preliminary
determinations no later than 140 days after the date of this
initiation.
Respondent Selection
With respect to Malaysia, Petitioners name seven companies as
producers/exporters of welded stainless pipe from Malaysia: Amalgamated
Industrial Steel Berbad; Kanzen Tetsu Sdn. Bhd.; Tan Timur Stainless
Steel Dan Copper Sdn. Bhd.; Prestar Precision Tube Sdn. Bhd.; Pantech
Stainless & Alloy Industries Sdn. Bhd.; K. Seng Seng Corporation
Berhad; and Superinox Pipe Industry Sdn. Bhd.\37\
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\37\ See the Petitions at Volume I, Exhibit I-5.
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Following standard practice in AD investigations involving market
economy countries, in the event the Department determines that the
number of known exporters or producers for this investigation is large,
the Department may select respondents based on U.S. Customs and Border
Protection (CBP) data for U.S. imports of welded stainless pipe from
Malaysia. We intend to release the CBP data under Administrative
Protective Order (APO) to all parties with access to information
protected by APO within five days of publication of this Federal
Register notice.
We intend to make our decision regarding respondent selection
within 20 days of publication of this notice. The Department invites
comments regarding the CBP data and respondent selection within seven
days of publication of this Federal Register notice for Malaysia,
Thailand, and Vietnam.\38\
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\38\ See Bottom Mount Combination Refrigerator-Freezers From the
Republic of Korea and Mexico: Initiation of Antidumping Duty
Investigations, 76 FR 23281, 23285 (April 26, 2011).
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As to Thailand and Vietnam, although the Department normally relies
on import data from CBP to select a limited number of exporters/
producers for individual examination in AD investigations, these
Petitions name only one company as a producer and/or exporter of welded
stainless pipe from Vietnam (Sonha) and two companies as producers and/
or exporters of welded stainless pipe from Thailand (Thai-German
Products Public Co., Ltd. and Toyo Millennium). We currently know of no
additional exporters or producers of subject merchandise from these
countries. Accordingly, the Department intends to examine all known
exporters of welded stainless steel pipe from Thailand and Vietnam.
Separate Rates
In order to obtain separate-rate status in an NME investigation,
exporters and producers must submit a separate-rate status
application.\39\ The specific requirements for submitting the separate-
rate application in the Vietnam investigation are outlined in detail in
the application itself, which will be available on the Department's Web
site at https://trade.gov/ia/ia-highlights-and-news.html on the date of
publication of this initiation notice in the Federal Register. The
separate-rate application will be due 60 days after publication of this
initiation notice. For exporters and producers who submit a separate-
rate status application and have been selected as mandatory
respondents, these exporters and producers will no longer be eligible
for consideration for separate rate status unless they respond to all
parts of the questionnaire as mandatory respondents. The Department
requires that Vietnam respondents submit a response to the separate-
rate application by the deadline in order to receive consideration for
separate-rate status.
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\39\ See Policy Bulletin 05.1: Separate-Rates Practice and
Application of Combination Rates in Antidumping Investigation
involving Non-Market Economy Countries (April 5, 2005) (``Separate
Rates and Combination Rates Bulletin''), available on the
Department's Web site at https://trade.gov/ia/policy/bull05-1.pdf.
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Use of Combination Rates
The Department will calculate combination rates for certain
respondents that are eligible for a separate rate in an NME
investigation. The Separate Rates and Combination Rates Bulletin
states:
[w]hile continuing the practice of assigning separate rates only
to exporters, all separate rates that the Department will now assign
in its NME Investigation will be specific to those producers that
supplied the exporter during the period of investigation. Note,
however, that one rate is calculated for the exporter and all of the
producers which supplied subject merchandise to it during the period
of investigation. This practice applies both to mandatory
respondents receiving an individually calculated separate rate as
well as the pool of non-investigated firms receiving the weighted-
average of the individually calculated rates. This practice is
referred to as the application of ``combination rates'' because such
rates apply to specific combinations of exporters and one or more
producers. The cash-deposit rate assigned to an exporter will apply
only to merchandise both exported by the firm in question and
produced by a firm that supplied the exporter during the period of
investigation.\40\
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\40\ See Separate Rates and Combination Rates Bulletin at 6
(emphasis added).
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[[Page 35258]]
Distribution of Copies of the Petitions
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), copies of the public version of the Petitions have been
provided to the Governments of Malaysia, Thailand, and Vietnam via IA
ACCESS. To the extent practicable, we will attempt to provide a copy of
the public version of the Petitions to each exporter named in the
Petitions, as provided under 19 CFR 351.203(c)(2).
ITC Notification
We have notified the ITC of our initiation, as required by section
732(d) of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine no later than July 1, 2013,
whether there is a reasonable indication that imports of welded
stainless pipe from Malaysia, Thailand, and Vietnam are materially
injuring or threatening material injury to a U.S. industry. A negative
ITC determination for any country will result in the investigation
being terminated with respect to that country; otherwise, these
investigations will proceed according to statutory and regulatory time
limits.
Submission of Factual Information
On April 10, 2013, the Department published Definition of Factual
Information and Time Limits for Submission of Factual Information:
Final Rule, 78 FR 21246 (April 10, 2013), which modified two
regulations related to AD and countervailing duty (CVD) proceedings:
the definition of factual information (19 CFR 351.102(b)(21)), and the
time limits for the submission of factual information (19 CFR 351.301).
The final rule identifies five categories of factual information in 19
CFR 351.102(b)(21), which are summarized as follows: (i) Evidence
submitted in response to questionnaires; (ii) evidence submitted in
support of allegations; (iii) publicly available information to value
factors under 19 CFR 351.408(c) or to measure the adequacy of
remuneration under 19 CFR 351.511(a)(2); (iv) evidence placed on the
record by the Department; and (v) evidence other than factual
information described in (i)-(iv). The final rule requires any party,
when submitting factual information, to specify under which subsection
of 19 CFR 351.102(b)(21) the information is being submitted and, if the
information is submitted to rebut, clarify, or correct factual
information already on the record, to provide an explanation
identifying the information already on the record that the factual
information seeks to rebut, clarify, or correct. The final rule also
modified 19 CFR 351.301 so that, rather than providing general time
limits, there are specific time limits based on the type of factual
information being submitted. These modifications are effective for all
proceeding segments initiated on or after May 10, 2013, and thus are
applicable to these investigations. Please review the final rule,
available at https://ia.ita.doc.gov/frn/2013/1304frn/2013-08227.txt,
prior to submitting factual information in these investigations.
Notification to Interested Parties
Interested parties must submit applications for disclosure under
administrative protective order in accordance with 19 CFR 351.305. On
January 22, 2008, the Department published Antidumping and
Countervailing Duty Proceedings: Documents Submission Procedures; APO
Procedures, 73 FR 3634 (Jan. 22, 2008). Parties wishing to participate
in these investigations should ensure that they meet the requirements
of these procedures (e.g., the filing of letters of appearance as
discussed at 19 CFR 351.103(d)).
Any party submitting factual information in an AD/CVD proceeding
must certify to the accuracy and completeness of that information.\41\
Parties are hereby reminded that revised certification requirements are
in effect for company/government officials as well as their
representatives in all segments of any AD/CVD proceedings initiated on
or after March 14, 2011.\42\ The formats for the revised certifications
are provided at the end of the Interim Final Rule. The Department
intends to reject factual submissions in any proceeding segments if the
submitting party does not comply with the revised certification
requirements.
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\41\ See section 782(b) of the Act.
\42\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings: Interim Final Rule, 76 FR 7491 (February 10, 2011)
(Interim Final Rule) amending 19 CFR 351.303(g)(1) & (2) and
supplemented by Certification of Factual Information To Import
Administration During Antidumping and Countervailing Duty
Proceedings: Supplemental Interim Final Rule, 76 FR 54697 (September
2, 2011).
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This notice is issued and published pursuant to section 777(i) of
the Act.
Dated: June 5, 2013.
Paul Piquado,
for Import Administration.
Appendix I
Scope of the Investigations
The merchandise covered by these investigations is circular
welded austenitic stainless pressure pipe not greater than 14 inches
in outside diameter. For purposes of these investigations,
references to size are in nominal inches and include all products
within tolerances allowed by pipe specifications. This merchandise
includes, but is not limited to, the American Society for Testing
and Materials (ASTM) A-312 or ASTM A-778 specifications, or
comparable domestic or foreign specifications. ASTM A-358 products
are only included when they are produced to meet ASTM A-312 or ASTM
A-778 specifications, or comparable domestic or foreign
specifications.
Excluded from the scope are: (1) Welded stainless mechanical
tubing, meeting ASTM A-554 or comparable domestic or foreign
specifications; (2) boiler, heat exchanger, superheater, refining
furnace, feedwater heater, and condenser tubing, meeting ASTM A-249,
ASTM A-688 or comparable domestic or foreign specifications; and (3)
specialized tubing, meeting ASTM A269, ASTM A-270 or comparable
domestic or foreign specifications.
The subject imports are normally classified in subheadings
7306.40.5005, 7306.40.5040, 7306.40.5062, 7306.40.5064, and
7306.40.5085 of the Harmonized Tariff Schedule of the United States
(HTSUS). They may also enter under HTSUS subheadings 7306.40.1010,
7306.40.1015, 7306.40.5042, 7306.40.5044, 7306.40.5080, and
7306.40.5090. The HTSUS subheadings are provided for convenience and
customs purposes only; the written description of the scope of these
investigations is dispositive.
[FR Doc. 2013-13963 Filed 6-11-13; 8:45 am]
BILLING CODE 3510-DS-P
