Welded Stainless Pressure Pipe From Thailand: Amended Preliminary Determination of Sales at Less Than Fair Value, 10772-10775 [2014-04222]
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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.
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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
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18:48 Feb 25, 2014
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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
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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.
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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.
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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).
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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
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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).
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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.
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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).
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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
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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
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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: https://
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
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[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
