Welded Stainless Pressure Pipe From Thailand: Amended Preliminary Determination of Sales at Less Than Fair Value, 10772-10775 [2014-04222]

Download as PDF 10772 Federal Register / Vol. 79, No. 38 / Wednesday, February 26, 2014 / Notices frn/. The signed Preliminary Decision Memorandum and the electronic versions of the Preliminary Decision Memorandum are identical in content. Critical Circumstances The Department preliminarily determines that critical circumstances do not exist for imports of rebar from Turkey. Although the Department preliminarily determines that Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S. and Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S. benefited from programs that are inconsistent with the Subsidies Agreement, the companies’ shipment data do not indicate a massive increase in shipments of subject merchandise to the United States. Additionally, the shipment data from the U.S. International Trade Commission’s dataweb do not indicate a massive increase in shipments of subject merchandise by the ‘‘all other’’ companies. Therefore, we preliminarily determine that critical circumstances do not exist with regard to imports of rebar from Turkey. For further information on the Department’s critical circumstances analysis, see the Preliminary Decision Memorandum. tkelley on DSK3SPTVN1PROD with NOTICES Negative Preliminary Determination and Suspension of Liquidation For this preliminary determination, we have calculated a de minimis countervailable subsidy rate for each individually investigated producer/ exporter of the subject merchandise. Consistent with section 703(b)(4)(A) of the Act, we are disregarding these rates and preliminarily determine that no countervailable subsides are being provided to producers/exporters of the subject merchandise in Turkey. Because the rates calculated for the individually investigated companies are de minimis, the all others rate is also de minimis. We preliminarily determine the countervailable subsidy rates to be: performed in connection with this preliminary determination within five days of its public announcement.4 Interested parties may submit case and rebuttal briefs. For a schedule of the deadlines for filing case briefs, rebuttal briefs, and hearing requests, see the Preliminary Decision Memorandum. This determination is issued and published pursuant to sections 703(f) and 777(i) of the Act. Dated: February 19, 2014. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix—List of Topics Discussed in the Preliminary Decision Memorandum 1. Scope Comments 2. Scope of the Investigation 3. Injury Test 4. Critical Circumstances 5. Subsidies Valuation 6. Analysis of Programs 7. ITC Notification 8. Disclosure and Public Comment 9. Verification [FR Doc. 2014–04221 Filed 2–25–14; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–549–830] Welded Stainless Pressure Pipe From Thailand: Amended Preliminary Determination of Sales at Less Than Fair Value Enforcement and Compliance, formerly Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: February 26, 2014. SUMMARY: On January 7, 2014, the Department of Commerce (‘‘the Department’’) published in the Federal Register its preliminary determination that welded stainless pressure pipe Subsidy rate (‘‘WSPP’’) from Thailand is being, or is Company (percent (de minimis)) likely to be, sold in the United States at less than fair value (‘‘LTFV’’), as Habas Sinai ve Tibbi Gazlar provided in section 733(b) of the Tariff Istihsal Endustrisi A.S ....... 0.78 Act of 1930, as amended (‘‘the Act’’).1 Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S ....... 0.10 On January 3, 2014, Ametai Co., Ltd. and Thareus Co., Ltd. (‘‘Ametai/ Thareus’’) notified the Department that Because we preliminarily determine it was withdrawing its participation that the CVD rates in this investigation from the LTFV investigation. Based on are de minimis, we will not direct U.S. the circumstances described below, the Customs and Border Protection to suspend liquidation of entries of the 4 See 19 CFR 351.224(b). subject merchandise from Turkey. Disclosure and Public Comment The Department intends to disclose to interested parties the calculations VerDate Mar<15>2010 18:48 Feb 25, 2014 Jkt 232001 AGENCY: 1 See Welded Stainless Pressure Pipe From Thailand: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 79 FR 812 (January 7, 2014) (‘‘Preliminary Determination’’). PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 Department is amending the Preliminary Determination. This amended preliminary determination results in revised antidumping duty margins and cash deposit rates. FOR FURTHER INFORMATION CONTACT: Brandon Farlander, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–0182. SUPPLEMENTARY INFORMATION: Case History On December 13, 2013, Petitioners alleged that Ametai/Thareus misled the Department concerning certain affiliation allegations regarding Ametai/ Thareus.2 On December 18, 2013, the Department issued Petitioners a letter requesting clarification regarding certain affiliation allegations in their December 13, 2013, submission.3 On December 20, 2013, Petitioners filed their response to the Department’s December 18, 2013, letter.4 Additionally, on December 18, 2013, the Department issued Ametai/ Thareus a supplemental questionnaire regarding certain affiliation issues.5 On December 24, 2013, and December 30, 2013, Ametai/Thareus responded to the Department’s December 18, 2013, supplemental questionnaire.6 In the Department’s Preliminary Decision 2 See Submission from Petitioners, ‘‘Welded Stainless Pressure Pipe from Thailand: Comments on Section D,’’ dated December 13, 2013. Petitioners filed their affiliation allegations on December 13, 2013 through Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (‘‘IA ACCESS’’) under the one day lag rule; therefore, for the Department’s consideration, the official version of this submission is dated December 13, 2013, although Petitioners filed the final version with a date of December 16, 2013. 3 See Letter from the Department to Petitioners, ‘‘Antidumping Duty Investigation of Welded Stainless Steel Pressure Pipe from Thailand: Clarification Supplemental Questionnaire on December 16, 2013, Section D comments,’’ dated December 18, 2013. The Department’s December 18, 2013, letter was in response to Petitioners’ December 13, 2013, filing but dated December 16, 2013. 4 See Submission from Petitioner, ‘‘Welded Stainless Pressure Pipe from Thailand: Thareus: Petitioners’ Response to Department’s December 18, 2013 Questionnaire,’’ dated December 20, 2013. 5 See Letter from the Department to Thareus, ‘‘Antidumping Duty Investigation of Welded Stainless Steel Pressure Pipe from Thailand: Third Section A Supplemental Questionnaire,’’ dated December 18, 2013. 6 See Submissions from Ametai/Thareus, ‘‘Welded Stainless Steel Pressure Pipe From Thailand; Antidumping Duty Investigation; Section A Supplemental Questionnaire Response,’’ dated December 24, 2013, and ‘‘Welded Stainless Steel Pressure Pipe From Thailand; Antidumping Duty Investigation; Section A Supplemental Questionnaire Response,’’ dated December 30, 2013. E:\FR\FM\26FEN1.SGM 26FEN1 Federal Register / Vol. 79, No. 38 / Wednesday, February 26, 2014 / Notices tkelley on DSK3SPTVN1PROD with NOTICES Memorandum, we stated that we intended to continue exploring the affiliation issue for the final determination.7 In reviewing Ametai/Thareus’ December 24, 2013, and December 30, 2013, supplemental questionnaire responses, and Petitioners’ December 13, 2013, and December 20, 2013, affiliation allegations, it was clear that there were unresolved affiliation issues. However, before we could issue an additional supplemental questionnaire, on January 3, 2014, Ametai/Thareus withdrew from participating in this investigation.8 On January 7, 2014, we published our Preliminary Determination. In the Preliminary Determination, the Department calculated a 7.16 percent margin for Ametai/Thareus, and included Ametai/Thareus’ 7.16 percent preliminary margin in calculating the ‘‘all others’’ rate. On January 9, 2014, Petitioners stated that there were ‘‘strong indications of fraud and certification violations’’ and requested that the Department amend its Preliminary Determination and apply adverse facts available (‘‘AFA’’) to Ametai/Thareus because they had significantly impeded the Department’s investigation.9 In sum, the Department notes the following facts in this case: (1) Petitioners made certain affiliation allegations regarding Ametai/Thareus; (2) the Department issued Ametai/ Thareus a supplemental questionnaire in response to Petitioners’ affiliation allegations, to which Ametai/Thareus responded on December 24, 2013, and December 30, 2013; (3) after analyzing Ametai/Thareus’ December 24, 2013, and December 30, 2013, responses, the Department determined that an additional supplemental questionnaire to Ametai/Thareus on certain affiliation issues was required in order to clarify the record; (4) on January 3, 2014, before we could issue the questionnaire, Ametai/Thareus withdrew from participating in this investigation; (5) in 7 See ‘‘Decision Memorandum for the Preliminary Determination of Antidumping Duty Investigation: Welded Stainless Pressure Pipe From Thailand,’’ (‘‘Preliminary Decision Memorandum’’) from Abdelali Elouaradia, Director, Office IV, Antidumping and Countervailing Duty Operations, to Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, dated December 30, 2013. 8 See Submission from Ametai/Thareus, ‘‘Welded Stainless Pressure Pipe from Thailand: Notice of Intent Not to Participate in Antidumping Duty Investigation and Request of Removal from Public and APO Service Lists,’’ dated January 3, 2014. 9 See Submission from Petitioners, ‘‘Welded Stainless Pressure Pipe from Thailand: Thareus: Request for Amended Preliminary Determination,’’ dated January 9, 2014 at 2. VerDate Mar<15>2010 17:24 Feb 25, 2014 Jkt 232001 the Preliminary Determination, the Department included Ametai/Thareus’ 7.16 percent margin in calculating the ‘‘all others’’ rate; and (6) any change to Ametai/Thareus’ preliminary margin will have a significant impact on the ‘‘all others’’ rate. In light of these facts, the Department finds it necessary to issue an amended preliminary determination. Period of the Investigation The period of investigation (‘‘POI’’) is April 1, 2012, through March 31, 2013. This period corresponds to the four most recent fiscal quarters prior to the month of the filing of the petition, which was May 2013.10 Scope of the Investigation The merchandise covered by this investigation is circular welded austenitic stainless pressure pipe not greater than 14 inches in outside diameter. For purposes of this investigation, 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 the investigation is dispositive. 10 See PO 00000 19 CFR 351.204(b)(1). Frm 00011 Fmt 4703 Sfmt 4703 10773 Adverse Facts Available Sections 776(a)(1) and (2) of the Act provide that the Department shall apply ‘‘facts otherwise available’’ if, inter alia, necessary information is not on the record or an interested party: (A) Withholds information requested by the Department, (B) fails to provide such information by the deadline, or in the form or manner requested, (C) significantly impedes a proceeding, or (D) provides information that cannot be verified, as provided by section 782(i) of the Act. Where the Department determines that a response to a request for information does not comply with the request, section 782(d) of the Act provides that the Department will so inform the party submitting the response and will, to the extent practicable, provide that party the opportunity to remedy or explain the deficiency. If the party fails to remedy the deficiency within the applicable time limits, the Department may disregard all or part of the original and subsequent responses, subject to section 782(e) of the Act, as appropriate. Pursuant to section 782(e) of the Act, the Department shall not decline to consider submitted information if all of the following requirements are met: (1) The information is submitted by the established deadline; (2) the information can be verified; (3) the information is not so incomplete that it cannot serve as a reliable basis for reaching the applicable determination; (4) the interested party has demonstrated that it acted to the best of its ability; and (5) the information can be used without undue difficulties. On January 3, 2014, Ametai/Thareus informed the Department that it would not continue to participate in the instant investigation. Pursuant to sections 776(a)(2)(C) and (D) of the Act, facts available is warranted in calculating the antidumping duty margin for Ametai/ Thareus. We determined that Ametai/ Thareus significantly impeded the proceeding by ceasing to participate in the instant investigation prior to the Department issuing an additional supplemental questionnaire on certain affiliation issues, thus preventing the Department from gathering additional facts on these affiliation issues and clarifying the record. Additionally, by ceasing its participation, Ametai/ Thareus prevented the Department from conducting verification of the information the company submitted. For these reasons, we find that the use of facts available, pursuant to sections 776(a)(2)(C) and (D) of the Act is appropriate in determining the E:\FR\FM\26FEN1.SGM 26FEN1 10774 Federal Register / Vol. 79, No. 38 / Wednesday, February 26, 2014 / Notices tkelley on DSK3SPTVN1PROD with NOTICES applicable dumping margin for Ametai/ Thareus. Section 776(b) of the Act provides that, in selecting from among the facts otherwise available, the Department may employ an adverse inference if an interested party fails to cooperate by not acting to the best of its ability to comply with requests for information.11 In the instant case, we determined that applying section 776(b) of the Act is warranted for Ametai/Thareus. This determination is based on the fact that Ametai/Thareus’ withdrawal from participation prevented the Department from fully investigating certain affiliation allegations and verifying the information submitted to the Department, thus constituting a failure of Ametai/Thareus to cooperate to the best of its ability. Section 776(b) of the Act authorizes the Department to use, as AFA, information derived from the petition, the final determination from the LTFV investigation, a previous administrative review, or any other information placed on the record. In selecting a rate for AFA, the Department selects one that is sufficiently adverse ‘‘as to effectuate the purpose of the facts available rule to induce respondents to provide the Department with complete and accurate information in a timely manner.’’ 12 It is the Department’s practice to select, as AFA, the higher of the (a) highest margin alleged in the petition, or (b) the highest calculated rate for any respondent in the investigation.13 Accordingly, to ensure that the noncooperative party, Ametai/Thareus, does not benefit from its lack of participation, and to select a sufficiently adverse rate to induce cooperation in the future, for the amended preliminary determination, we selected the higher of either the highest margin alleged in the petition or the highest weighted-average calculated rate for any respondent in the investigation. The weighted-average margins for Ametai/Thareus and the 11 See Final Determination of Sales at Less Than Fair Value: Certain Cold-Rolled Flat-Rolled Carbon Quality Steel Products from the Russian Federation, 65 FR 5510, 5518 (February 4, 2000); Certain Welded Carbon Steel Pipes and Tubes From Thailand: Final Results of Antidumping Duty Administrative Review, 62 FR 53808, 53819–20 (October 16, 1997); Crawfish Processors Alliance v. United States, 343 F. Supp.2d 1242 (CIT 2004) (approving use of AFA when respondent refused to participate in verification); see also Statement of Administrative Action, accompanying the Uruguay Round Agreements Act (‘‘URAA’’), H.R. Rep. No. 103–316, 870 (1994) (‘‘SAA’’). 12 See Notice of Final Determination of Sales at Less Than Fair Value: Static Random Access Memory Semiconductors From Taiwan, 63 FR 8909, 8932 (February 23, 1998). 13 See Notice of Final Determination of Sales at Less Than Fair Value: Certain Orange Juice from Brazil, 71 FR 2183, 2185 (January 13, 2006). VerDate Mar<15>2010 18:48 Feb 25, 2014 Jkt 232001 other mandatory respondent, ThaiGerman Products Public Company Limited (‘‘TGP’’), in the Preliminary Determination were less than the 24.01 percent margin from the petition. Therefore, consistent with its practice, the Department selected the highest margin alleged in the petition, which is 24.01 percent, as the AFA rate assigned to Ametai/Thareus. Section 776(c) of the Act provides that, when the Department relies on secondary information in using the facts otherwise available, it must, to the extent practicable, corroborate that information from independent sources that are reasonably at its disposal. We have interpreted ‘‘corroborate’’ to mean that we will, to the extent practicable, examine the reliability and relevance of the information submitted to satisfy ourselves that the secondary information has probative value.14 In this instant case, to corroborate the 24.01 percent margin used as AFA for Ametai/Thareus, we relied on the preinitiation analysis of the adequacy and accuracy of the information in the petition as well as transaction-specific margins 15 for mandatory respondent TGP from the Preliminary Determination.16 During the initiation stage, we examined evidence supporting the calculations in the petition and the supplemental information provided by Petitioners to determine the probative value of the margins alleged in the petition.17 During our pre-initiation analysis, we examined the information used as the basis of export price and normal value (‘‘NV’’) in the petition, and the calculations used to derive the alleged margins.18 Also, during our pre14 See Certain Cold-Rolled Flat-Rolled CarbonQuality Steel Products From Brazil: Notice of Final Determination of Sales at Less Than Fair Value, 65 FR 5554, 5568 (February 4, 2000). 15 These transaction-specific dumping margins are based on TGP’s sales of subject merchandise during the period under consideration. Therefore, the transaction-specific dumping margins higher than the petition rate of 24.01 percent reflects dumping that has already occurred and are based on rates using TGP’s pricing and cost information that was provided in this segment of the proceeding. 16 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); see also Supplement to the Thailand Petition, dated May 24, 2013; Welded Stainless Pressure Pipe From Malaysia, Thailand, and the Socialist Republic of Vietnam: Initiation of Antidumping Duty Investigations, 78 FR 35253 (June 12, 2013) (‘‘Initiation Notice’’); Antidumping Duty Investigation Initiation Checklist: Welded Stainless Pressure Pipe from Thailand (‘‘Thailand Checklist’’) dated June 5, 2013; TGP Preliminary Analysis Memorandum, dated December 30, 2013. 17 See Thailand Checklist. 18 Id. PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 initiation analysis, we examined information from various independent sources provided either in the petition or, based on our requests, in supplements to the petition, which corroborated key elements of the export price and NV calculations.19 Therefore, for the final determination, the Department finds that the rates derived from the petition for purposes of initiation have probative value for the purpose of being selected as the AFA rate assigned to Ametai/Thareus. In addition, transaction-specific margins from TGP from the Preliminary Determination which are higher than the petition rate of 24.01 percent also corroborate the petition rate. All Others Rate The ‘‘All Others’’ rate is derived exclusive of all de minimis or zero margins and margins based entirely on AFA. In the Preliminary Determination, the Department calculated the ‘‘all others’’ rate, in part, based on Ametai/ Thareus’ Preliminary Determination rate. In light of Ametai/Thareus’ withdrawal from the investigation and the Department’s subsequent application of total AFA, this methodology for calculating the ‘‘all others’’ rate is no longer appropriate. In this case, there is another mandatory respondent, TGP, which received a calculated rate. Therefore, consistent with Department practice, we will apply TGP’s rate as the ‘‘all others’’ rate in this amended preliminary determination.20 Amended Preliminary Determination Margins The Department determined that the following amended preliminary dumping margins exist for the POI: Manufacturer/exporter Weighted-average dumping margin (%) Ametai Co., Ltd./Thareus Co., Ltd ....................... Thai-German Products Public Company Limited .............................. All Others ........................ * Unchanged Determination. from 24.01 * 10.92 10.92 the Preliminary Suspension of Liquidation In accordance with section 733(d)(2) of the Act, we are directing U.S. Customs and Border Protection (‘‘CBP’’) to suspend liquidation of all entries of WSPP from Thailand, as described in 19 Id. 20 See Notice of Final Determination of Sales at Less Than Fair Value: Citric Acid and Certain Citrate Salts from Canada, 74 FR 16843 (April 13, 2009). E:\FR\FM\26FEN1.SGM 26FEN1 Federal Register / Vol. 79, No. 38 / Wednesday, February 26, 2014 / Notices the scope of the investigation section, entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register. Pursuant to 19 CFR 351.205(d), we will instruct CBP to require a cash deposit 21 equal to the weighted-average amount by which the NV exceeds Export Price, as indicated in the chart above. These suspension of liquidation instructions will remain in effect until further notice. International Trade Commission Notification In accordance with section 733(f) of the Act, we notified the International Trade Commission (‘‘ITC’’) of our amended preliminary determination. If our final determination is affirmative, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of WSPP from Thailand, or sales (or the likelihood of sales) for importation, of the subject merchandise within 45 days of our final determination. This determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c). Dated: February 20, 2014. Paul Piquado, Assistant Secretary for Enforcement and Compliance. BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Travel and Tourism Trade Mission to Taiwan, Japan and Korea International Trade Administration, Department of Commerce. ACTION: Notice; cancellation. AGENCY: The United States Department of Commerce, International Trade Administration, Industry and Analysis previously published a document in the Federal Register on June 7, 2013, 78 FR 34344, regarding the Travel and Tourism Trade Mission to Taiwan, Japan and Korea scheduled for March 10–14, 2014. This mission has been cancelled. Please update the existing tkelley on DSK3SPTVN1PROD with NOTICES SUMMARY: 21 See Modification of Regulations Regarding the Practice of Accepting Bonds During the Provisional Measures Period in Antidumping and Countervailing Duty Investigations, 76 FR 61042 (October 3, 2011). 17:24 Feb 25, 2014 Jkt 232001 Cancellation Notice In the Federal Register Notice of June 7, 2013, 78 FR 34344 on page 34344, title note at top of page, correct the subject heading of the notice to read: Travel and Tourism to Taiwan, Japan and Korea has been cancelled, March 10–14, 2014. Dated: February 19, 2014. Elnora Moye, Trade Program Assistant. [FR Doc. 2014–04120 Filed 2–25–14; 8:45 am] BILLING CODE 3510–DR–P Framework 8 to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan. This meeting will provide the Council with input on specific alternatives that could be included in this Framework action to modify these gear restricted areas. Although non-emergency issues not contained in this agenda may come before this group for discussion, in accordance with the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), those issues may not be the subject of formal action during this meeting. Actions will be restricted to those issues specifically identified in this notice and any issues arising after publication of this notice that require emergency action under Section 305(c) of the Magnuson-Stevens Act, provided the public has been notified of the Council’s intent to take final action to address the emergency. DEPARTMENT OF COMMERCE Special Accommodations National Oceanic and Atmospheric Administration The meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to M. Jan Saunders at the Mid-Atlantic Council Office, (302) 526–5251, at least 5 days prior to the meeting date. RIN 0648–XD152 Mid-Atlantic Fishery Management Council (MAFMC); Public Meeting National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of public meeting. Dated: February 21, 2014. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. The Mid-Atlantic Fishery Management Council’s Summer Flounder, Scup, and Black Sea Bass Advisory Panel and the Mackerel, Squid, and Butterfish Advisory Panel are meeting to provide input to the Council on potential options to modify the Scup Gear Restricted Areas. DATES: The meeting will be held on Tuesday, March 18, 2014, from 1 p.m. until 4 p.m. ADDRESSES: The meeting will be held via webinar with a listening station also available at the Council address below. Webinar link: http:// mafmc.adobeconnect.com/scupgras/ Council address: Mid-Atlantic Fishery Management Council, 800 N. State Street, Suite 201, Dover, DE 19901; telephone: (302) 674–2331. FOR FURTHER INFORMATION CONTACT: Christopher M. Moore Ph.D., Executive Director, Mid-Atlantic Fishery Management Council, 800 N. State Street, Suite 201, Dover, DE 19901; telephone: (302) 526–5255. SUPPLEMENTARY INFORMATION: The MidAtlantic Fishery Management Council is considering modification to the Scup Gear Restricted Areas through BILLING CODE 3510–22–P AGENCY: SUMMARY: [FR Doc. 2014–04222 Filed 2–25–14; 8:45 am] VerDate Mar<15>2010 notice with a note that this mission is cancelled as a February 19, 2014. FOR FURTHER INFORMATION CONTACT: Frank Spector, Industry and Analysis, Trade Promotion Programs, Phone: 202– 482–2054; Fax: 202–482–9000, Email: Frank.Spector@trade.gov. 10775 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 [FR Doc. 2014–04185 Filed 2–25–14; 8:45 am] DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XD150 Mid-Atlantic Fishery Management Council (MAFMC); Public Meeting National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of public meeting. AGENCY: The Mid-Atlantic Fishery Management Council will hold a workshop to discuss the potential governance challenges arising from the impacts of climate change on East Coast marine fisheries. DATES: The meeting will begin on Wednesday, March 19, 2014 at 1 p.m. and will end on Friday, March 21, 2014 at 12:30 p.m. ADDRESSES: Meeting address: The meeting will be held at The Westin Washington, DC City SUMMARY: E:\FR\FM\26FEN1.SGM 26FEN1

Agencies

[Federal Register Volume 79, Number 38 (Wednesday, February 26, 2014)]
[Notices]
[Pages 10772-10775]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-04222]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-830]


Welded Stainless Pressure Pipe From Thailand: Amended Preliminary 
Determination of Sales at Less Than Fair Value

AGENCY: Enforcement and Compliance, formerly Import Administration, 
International Trade Administration, Department of Commerce.

DATES: Effective Date: February 26, 2014.

SUMMARY: On January 7, 2014, the Department of Commerce (``the 
Department'') published in the Federal Register its preliminary 
determination that welded stainless pressure pipe (``WSPP'') from 
Thailand is being, or is likely to be, sold in the United States at 
less than fair value (``LTFV''), as provided in section 733(b) of the 
Tariff Act of 1930, as amended (``the Act'').\1\ On January 3, 2014, 
Ametai Co., Ltd. and Thareus Co., Ltd. (``Ametai/Thareus'') notified 
the Department that it was withdrawing its participation from the LTFV 
investigation. Based on the circumstances described below, the 
Department is amending the Preliminary Determination. This amended 
preliminary determination results in revised antidumping duty margins 
and cash deposit rates.
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    \1\ See Welded Stainless Pressure Pipe From Thailand: 
Preliminary Determination of Sales at Less Than Fair Value and 
Postponement of Final Determination, 79 FR 812 (January 7, 2014) 
(``Preliminary Determination'').

FOR FURTHER INFORMATION CONTACT: Brandon Farlander, AD/CVD Operations, 
Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
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0182.

SUPPLEMENTARY INFORMATION:

Case History

    On December 13, 2013, Petitioners alleged that Ametai/Thareus 
misled the Department concerning certain affiliation allegations 
regarding Ametai/Thareus.\2\ On December 18, 2013, the Department 
issued Petitioners a letter requesting clarification regarding certain 
affiliation allegations in their December 13, 2013, submission.\3\ On 
December 20, 2013, Petitioners filed their response to the Department's 
December 18, 2013, letter.\4\ Additionally, on December 18, 2013, the 
Department issued Ametai/Thareus a supplemental questionnaire regarding 
certain affiliation issues.\5\ On December 24, 2013, and December 30, 
2013, Ametai/Thareus responded to the Department's December 18, 2013, 
supplemental questionnaire.\6\ In the Department's Preliminary Decision

[[Page 10773]]

Memorandum, we stated that we intended to continue exploring the 
affiliation issue for the final determination.\7\
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    \2\ See Submission from Petitioners, ``Welded Stainless Pressure 
Pipe from Thailand: Comments on Section D,'' dated December 13, 
2013. Petitioners filed their affiliation allegations on December 
13, 2013 through Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (``IA 
ACCESS'') under the one day lag rule; therefore, for the 
Department's consideration, the official version of this submission 
is dated December 13, 2013, although Petitioners filed the final 
version with a date of December 16, 2013.
    \3\ See Letter from the Department to Petitioners, ``Antidumping 
Duty Investigation of Welded Stainless Steel Pressure Pipe from 
Thailand: Clarification Supplemental Questionnaire on December 16, 
2013, Section D comments,'' dated December 18, 2013. The 
Department's December 18, 2013, letter was in response to 
Petitioners' December 13, 2013, filing but dated December 16, 2013.
    \4\ See Submission from Petitioner, ``Welded Stainless Pressure 
Pipe from Thailand: Thareus: Petitioners' Response to Department's 
December 18, 2013 Questionnaire,'' dated December 20, 2013.
    \5\ See Letter from the Department to Thareus, ``Antidumping 
Duty Investigation of Welded Stainless Steel Pressure Pipe from 
Thailand: Third Section A Supplemental Questionnaire,'' dated 
December 18, 2013.
    \6\ See Submissions from Ametai/Thareus, ``Welded Stainless 
Steel Pressure Pipe From Thailand; Antidumping Duty Investigation; 
Section A Supplemental Questionnaire Response,'' dated December 24, 
2013, and ``Welded Stainless Steel Pressure Pipe From Thailand; 
Antidumping Duty Investigation; Section A Supplemental Questionnaire 
Response,'' dated December 30, 2013.
    \7\ See ``Decision Memorandum for the Preliminary Determination 
of Antidumping Duty Investigation: Welded Stainless Pressure Pipe 
From Thailand,'' (``Preliminary Decision Memorandum'') from Abdelali 
Elouaradia, Director, Office IV, Antidumping and Countervailing Duty 
Operations, to Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, dated December 30, 
2013.
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    In reviewing Ametai/Thareus' December 24, 2013, and December 30, 
2013, supplemental questionnaire responses, and Petitioners' December 
13, 2013, and December 20, 2013, affiliation allegations, it was clear 
that there were unresolved affiliation issues. However, before we could 
issue an additional supplemental questionnaire, on January 3, 2014, 
Ametai/Thareus withdrew from participating in this investigation.\8\
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    \8\ See Submission from Ametai/Thareus, ``Welded Stainless 
Pressure Pipe from Thailand: Notice of Intent Not to Participate in 
Antidumping Duty Investigation and Request of Removal from Public 
and APO Service Lists,'' dated January 3, 2014.
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    On January 7, 2014, we published our Preliminary Determination. In 
the Preliminary Determination, the Department calculated a 7.16 percent 
margin for Ametai/Thareus, and included Ametai/Thareus' 7.16 percent 
preliminary margin in calculating the ``all others'' rate. On January 
9, 2014, Petitioners stated that there were ``strong indications of 
fraud and certification violations'' and requested that the Department 
amend its Preliminary Determination and apply adverse facts available 
(``AFA'') to Ametai/Thareus because they had significantly impeded the 
Department's investigation.\9\
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    \9\ See Submission from Petitioners, ``Welded Stainless Pressure 
Pipe from Thailand: Thareus: Request for Amended Preliminary 
Determination,'' dated January 9, 2014 at 2.
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    In sum, the Department notes the following facts in this case: (1) 
Petitioners made certain affiliation allegations regarding Ametai/
Thareus; (2) the Department issued Ametai/Thareus a supplemental 
questionnaire in response to Petitioners' affiliation allegations, to 
which Ametai/Thareus responded on December 24, 2013, and December 30, 
2013; (3) after analyzing Ametai/Thareus' December 24, 2013, and 
December 30, 2013, responses, the Department determined that an 
additional supplemental questionnaire to Ametai/Thareus on certain 
affiliation issues was required in order to clarify the record; (4) on 
January 3, 2014, before we could issue the questionnaire, Ametai/
Thareus withdrew from participating in this investigation; (5) in the 
Preliminary Determination, the Department included Ametai/Thareus' 7.16 
percent margin in calculating the ``all others'' rate; and (6) any 
change to Ametai/Thareus' preliminary margin will have a significant 
impact on the ``all others'' rate. In light of these facts, the 
Department finds it necessary to issue an amended preliminary 
determination.

Period of the Investigation

    The period of investigation (``POI'') is April 1, 2012, through 
March 31, 2013. This period corresponds to the four most recent fiscal 
quarters prior to the month of the filing of the petition, which was 
May 2013.\10\
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    \10\ See 19 CFR 351.204(b)(1).
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Scope of the Investigation

    The merchandise covered by this investigation is circular welded 
austenitic stainless pressure pipe not greater than 14 inches in 
outside diameter. For purposes of this investigation, 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 the 
investigation is dispositive.

Adverse Facts Available

    Sections 776(a)(1) and (2) of the Act provide that the Department 
shall apply ``facts otherwise available'' if, inter alia, necessary 
information is not on the record or an interested party: (A) Withholds 
information requested by the Department, (B) fails to provide such 
information by the deadline, or in the form or manner requested, (C) 
significantly impedes a proceeding, or (D) provides information that 
cannot be verified, as provided by section 782(i) of the Act.
    Where the Department determines that a response to a request for 
information does not comply with the request, section 782(d) of the Act 
provides that the Department will so inform the party submitting the 
response and will, to the extent practicable, provide that party the 
opportunity to remedy or explain the deficiency. If the party fails to 
remedy the deficiency within the applicable time limits, the Department 
may disregard all or part of the original and subsequent responses, 
subject to section 782(e) of the Act, as appropriate. Pursuant to 
section 782(e) of the Act, the Department shall not decline to consider 
submitted information if all of the following requirements are met: (1) 
The information is submitted by the established deadline; (2) the 
information can be verified; (3) the information is not so incomplete 
that it cannot serve as a reliable basis for reaching the applicable 
determination; (4) the interested party has demonstrated that it acted 
to the best of its ability; and (5) the information can be used without 
undue difficulties.
    On January 3, 2014, Ametai/Thareus informed the Department that it 
would not continue to participate in the instant investigation. 
Pursuant to sections 776(a)(2)(C) and (D) of the Act, facts available 
is warranted in calculating the antidumping duty margin for Ametai/
Thareus. We determined that Ametai/Thareus significantly impeded the 
proceeding by ceasing to participate in the instant investigation prior 
to the Department issuing an additional supplemental questionnaire on 
certain affiliation issues, thus preventing the Department from 
gathering additional facts on these affiliation issues and clarifying 
the record. Additionally, by ceasing its participation, Ametai/Thareus 
prevented the Department from conducting verification of the 
information the company submitted. For these reasons, we find that the 
use of facts available, pursuant to sections 776(a)(2)(C) and (D) of 
the Act is appropriate in determining the

[[Page 10774]]

applicable dumping margin for Ametai/Thareus.
    Section 776(b) of the Act provides that, in selecting from among 
the facts otherwise available, the Department may employ an adverse 
inference if an interested party fails to cooperate by not acting to 
the best of its ability to comply with requests for information.\11\ In 
the instant case, we determined that applying section 776(b) of the Act 
is warranted for Ametai/Thareus. This determination is based on the 
fact that Ametai/Thareus' withdrawal from participation prevented the 
Department from fully investigating certain affiliation allegations and 
verifying the information submitted to the Department, thus 
constituting a failure of Ametai/Thareus to cooperate to the best of 
its ability.
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    \11\ See Final Determination of Sales at Less Than Fair Value: 
Certain Cold-Rolled Flat-Rolled Carbon Quality Steel Products from 
the Russian Federation, 65 FR 5510, 5518 (February 4, 2000); Certain 
Welded Carbon Steel Pipes and Tubes From Thailand: Final Results of 
Antidumping Duty Administrative Review, 62 FR 53808, 53819-20 
(October 16, 1997); Crawfish Processors Alliance v. United States, 
343 F. Supp.2d 1242 (CIT 2004) (approving use of AFA when respondent 
refused to participate in verification); see also Statement of 
Administrative Action, accompanying the Uruguay Round Agreements Act 
(``URAA''), H.R. Rep. No. 103-316, 870 (1994) (``SAA'').
---------------------------------------------------------------------------

    Section 776(b) of the Act authorizes the Department to use, as AFA, 
information derived from the petition, the final determination from the 
LTFV investigation, a previous administrative review, or any other 
information placed on the record. In selecting a rate for AFA, the 
Department selects one that is sufficiently adverse ``as to effectuate 
the purpose of the facts available rule to induce respondents to 
provide the Department with complete and accurate information in a 
timely manner.'' \12\ It is the Department's practice to select, as 
AFA, the higher of the (a) highest margin alleged in the petition, or 
(b) the highest calculated rate for any respondent in the 
investigation.\13\ Accordingly, to ensure that the non-cooperative 
party, Ametai/Thareus, does not benefit from its lack of participation, 
and to select a sufficiently adverse rate to induce cooperation in the 
future, for the amended preliminary determination, we selected the 
higher of either the highest margin alleged in the petition or the 
highest weighted-average calculated rate for any respondent in the 
investigation. The weighted-average margins for Ametai/Thareus and the 
other mandatory respondent, Thai-German Products Public Company Limited 
(``TGP''), in the Preliminary Determination were less than the 24.01 
percent margin from the petition. Therefore, consistent with its 
practice, the Department selected the highest margin alleged in the 
petition, which is 24.01 percent, as the AFA rate assigned to Ametai/
Thareus.
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    \12\ See Notice of Final Determination of Sales at Less Than 
Fair Value: Static Random Access Memory Semiconductors From Taiwan, 
63 FR 8909, 8932 (February 23, 1998).
    \13\ See Notice of Final Determination of Sales at Less Than 
Fair Value: Certain Orange Juice from Brazil, 71 FR 2183, 2185 
(January 13, 2006).
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    Section 776(c) of the Act provides that, when the Department relies 
on secondary information in using the facts otherwise available, it 
must, to the extent practicable, corroborate that information from 
independent sources that are reasonably at its disposal. We have 
interpreted ``corroborate'' to mean that we will, to the extent 
practicable, examine the reliability and relevance of the information 
submitted to satisfy ourselves that the secondary information has 
probative value.\14\ In this instant case, to corroborate the 24.01 
percent margin used as AFA for Ametai/Thareus, we relied on the pre-
initiation analysis of the adequacy and accuracy of the information in 
the petition as well as transaction-specific margins \15\ for mandatory 
respondent TGP from the Preliminary Determination.\16\
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    \14\ See Certain Cold-Rolled Flat-Rolled Carbon-Quality Steel 
Products From Brazil: Notice of Final Determination of Sales at Less 
Than Fair Value, 65 FR 5554, 5568 (February 4, 2000).
    \15\ These transaction-specific dumping margins are based on 
TGP's sales of subject merchandise during the period under 
consideration. Therefore, the transaction-specific dumping margins 
higher than the petition rate of 24.01 percent reflects dumping that 
has already occurred and are based on rates using TGP's pricing and 
cost information that was provided in this segment of the 
proceeding.
    \16\ 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); see also Supplement to 
the Thailand Petition, dated May 24, 2013; Welded Stainless Pressure 
Pipe From Malaysia, Thailand, and the Socialist Republic of Vietnam: 
Initiation of Antidumping Duty Investigations, 78 FR 35253 (June 12, 
2013) (``Initiation Notice''); Antidumping Duty Investigation 
Initiation Checklist: Welded Stainless Pressure Pipe from Thailand 
(``Thailand Checklist'') dated June 5, 2013; TGP Preliminary 
Analysis Memorandum, dated December 30, 2013.
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    During the initiation stage, we examined evidence supporting the 
calculations in the petition and the supplemental information provided 
by Petitioners to determine the probative value of the margins alleged 
in the petition.\17\ During our pre-initiation analysis, we examined 
the information used as the basis of export price and normal value 
(``NV'') in the petition, and the calculations used to derive the 
alleged margins.\18\ Also, during our pre-initiation analysis, we 
examined information from various independent sources provided either 
in the petition or, based on our requests, in supplements to the 
petition, which corroborated key elements of the export price and NV 
calculations.\19\ Therefore, for the final determination, the 
Department finds that the rates derived from the petition for purposes 
of initiation have probative value for the purpose of being selected as 
the AFA rate assigned to Ametai/Thareus. In addition, transaction-
specific margins from TGP from the Preliminary Determination which are 
higher than the petition rate of 24.01 percent also corroborate the 
petition rate.
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    \17\ See Thailand Checklist.
    \18\ Id.
    \19\ Id.
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All Others Rate

    The ``All Others'' rate is derived exclusive of all de minimis or 
zero margins and margins based entirely on AFA. In the Preliminary 
Determination, the Department calculated the ``all others'' rate, in 
part, based on Ametai/Thareus' Preliminary Determination rate. In light 
of Ametai/Thareus' withdrawal from the investigation and the 
Department's subsequent application of total AFA, this methodology for 
calculating the ``all others'' rate is no longer appropriate. In this 
case, there is another mandatory respondent, TGP, which received a 
calculated rate. Therefore, consistent with Department practice, we 
will apply TGP's rate as the ``all others'' rate in this amended 
preliminary determination.\20\
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    \20\ See Notice of Final Determination of Sales at Less Than 
Fair Value: Citric Acid and Certain Citrate Salts from Canada, 74 FR 
16843 (April 13, 2009).
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Amended Preliminary Determination Margins

    The Department determined that the following amended preliminary 
dumping margins exist for the POI:

------------------------------------------------------------------------
                                                        Weighted-average
                Manufacturer/exporter                    dumping margin
                                                              (%)
------------------------------------------------------------------------
Ametai Co., Ltd./Thareus Co., Ltd....................              24.01
Thai-German Products Public Company Limited..........            * 10.92
All Others...........................................              10.92
------------------------------------------------------------------------
* Unchanged from the Preliminary Determination.

Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, we are directing 
U.S. Customs and Border Protection (``CBP'') to suspend liquidation of 
all entries of WSPP from Thailand, as described in

[[Page 10775]]

the scope of the investigation section, entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of this 
notice in the Federal Register.
    Pursuant to 19 CFR 351.205(d), we will instruct CBP to require a 
cash deposit \21\ equal to the weighted-average amount by which the NV 
exceeds Export Price, as indicated in the chart above. These suspension 
of liquidation instructions will remain in effect until further notice.
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    \21\ See Modification of Regulations Regarding the Practice of 
Accepting Bonds During the Provisional Measures Period in 
Antidumping and Countervailing Duty Investigations, 76 FR 61042 
(October 3, 2011).
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International Trade Commission Notification

    In accordance with section 733(f) of the Act, we notified the 
International Trade Commission (``ITC'') of our amended preliminary 
determination. If our final determination is affirmative, the ITC will 
make its final determination as to whether the domestic industry in the 
United States is materially injured, or threatened with material 
injury, by reason of imports of WSPP from Thailand, or sales (or the 
likelihood of sales) for importation, of the subject merchandise within 
45 days of our final determination.
    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).

    Dated: February 20, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-04222 Filed 2-25-14; 8:45 am]
BILLING CODE 3510-DS-P