Welded Line Pipe From the Republic of Korea and the Republic of Turkey: Initiation of Less-Than-Fair-Value Investigations, 68213-68217 [2014-26894]
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[FR Doc. 2014–26997 Filed 11–13–14; 8:45 am]
BILLING CODE 3510–04–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–876, A–489–822]
Welded Line Pipe From the Republic of
Korea and the Republic of Turkey:
Initiation of Less-Than-Fair-Value
Investigations
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: November 14,
2014.
AGENCY:
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FOR FURTHER INFORMATION CONTACT:
David Goldberger at (202) 482–4136 (the
Republic of Korea (Korea)), or Alice
Maldonado at (202) 482–4682 (the
Republic of Turkey (Turkey)), AD/CVD
Operations, Enforcement and
Compliance, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
The Petitions
On October 16, 2014, the Department
of Commerce (the Department) received
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antidumping duty (AD) petitions
concerning imports of welded line pipe
from Korea and Turkey filed in proper
form on behalf of American Cast Iron
Pipe Company, Energex (a division of
JMC Steel Group), Maverick Tube
Corporation, Northwest Pipe Company,
Stupp Corporation (a division of Stupp
Bros., Inc.), Tex-Tube Company, TMK
IPSCO, and Welspun Tubular LLC USA
(collectively, the petitioners). The AD
petitions were accompanied by two
countervailing duty (CVD) petitions.1
The petitioners are domestic producers
of welded line pipe.2
On October 21, 2014, the Department
requested additional information and
clarification of certain portions of the
Petitions.3 The petitioners filed
responses to these requests on October
24, 2014, and October 29, 2014.4 On
October 27 and October 31, 2014, we
received submissions from United
States Steel Corporation (U.S. Steel), a
domestic producer of welded line pipe,
in support of the Petitions.
In accordance with section 732(b) of
the Tariff Act of 1930, as amended (the
Act), the petitioners allege that welded
line pipe from Korea and Turkey is
being, or is likely to be, sold in the
United States at less than fair value
within the meaning of section 731 of the
Act and that such imports are materially
injuring, or threatening material injury
to, an industry in the United States.
Also, consistent with section 732(b)(1)
of the Act, the Petitions are
accompanied by information reasonably
1 See Petitions for the Imposition of Antidumping
and Countervailing Duties: Welded API Line Pipe
from South Korea and Turkey, dated October 16,
2014 (the Petitions).
2 See Volume I of the Petitions, at 2–3.
3 See Letter from the Department to the
petitioners entitled ‘‘Re: Petitions for the Imposition
of Antidumping and Countervailing Duties on
Imports of Welded Line Pipe from the Republic of
Korea and the Republic of Turkey: Supplemental
Questions,’’ dated October 21, 2014 (General Issues
Supplemental Questionnaire), Letter from the
Department to the petitioners entitled ‘‘Re: Petition
for the Imposition of Antidumping Duties on
Imports of Welded Line Pipe from the Republic of
Korea: Supplemental Questions,’’ dated October 21,
2014, and Letter from the Department to the
petitioners entitled ‘‘Re: Petition for the Imposition
of Antidumping Duties on Imports of Welded Line
Pipe from the Republic of Turkey: Supplemental
Questions,’’ dated October 21, 2014.
4 See ‘‘Welded API Line Pipe from Korea and
Turkey: Response to Supplemental Questions,’’
dated October 24, 2014 (General Issues
Supplement), ‘‘Welded API Line Pipe from Korea:
Response to Supplemental Questions, dated
October 24, 2014, ‘‘Welded API Line Pipe from
Turkey: Response to Supplemental Questions,’’
dated October 24, 2014 (Turkey AD Supplement),
and ‘‘Welded API Line Pipe from Korea and Turkey:
Submission of CSI Letter of Support with 2013
Production and Revised Scope Language,’’ dated
October 29, 2014 (Second General Issues
Supplement).
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available to the petitioners supporting
their allegations.
The Department finds that the
petitioners filed the Petitions on behalf
of the domestic industry because the
petitioners are interested parties as
defined in section 771(9)(C) of the Act.
The Department also finds that the
petitioners demonstrated sufficient
industry support with respect to the
initiation of the AD investigations that
the petitioners are requesting.5
Period of Investigation
Because the Petitions were filed on
October 16, 2014, pursuant to 19 CFR
351.204(b)(1) the period of investigation
for both Korea and Turkey is October 1,
2013, through September 30, 2014.
Scope of the Investigations
The product covered by these
investigations is welded line pipe from
Korea and Turkey. For a full description
of the scope of these investigations, see
the ‘‘Scope of the Investigations’’ in
Appendix I of this notice.
Comments on Scope of the
Investigations
During our review of the Petitions, the
Department issued questions to, and
received responses from, the petitioners
pertaining to the proposed scope to
ensure that the scope language in the
Petitions would be an accurate
reflection of the products for which the
domestic industry is seeking relief.6
As discussed in the preamble to the
Department’s regulations,7 we are
setting aside a period for interested
parties to raise issues regarding product
coverage (scope). The period for scope
comments is intended to provide the
Department with ample opportunity to
consider all comments and to consult
with parties prior to the issuance of the
preliminary determinations. If scope
comments include factual information
(see 19 CFR 351.102(b)(21)), all such
factual information should be limited to
public information. All such comments
must be filed by 5:00 p.m. Eastern
Standard Time (EST) on November 25,
2014, which is 20 calendar days from
the signature date of this notice. Any
rebuttal comments, which may include
factual information, must be filed by
5:00 p.m. EST on December 5, 2014,
which is 10 calendar days after the
initial comments deadline.
The Department requests that any
factual information the parties consider
5 See the ‘‘Determination of Industry Support for
the Petitions’’ section below.
6 See General Issues Supplemental Questionnaire;
see also General Issues Supplement.
7 See Antidumping Duties; Countervailing Duties;
Final rule, 62 FR 27296, 27323 (May 19, 1997).
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relevant to the scope of the
investigations be submitted during this
time period. However, if a party
subsequently finds that additional
factual information pertaining to the
scope of the investigations may be
relevant, the party may contact the
Department and request permission to
submit the additional information. All
such comments must be filed on the
records of the Korea and Turkey AD and
CVD investigations.
Filing Requirements
All submissions to the Department
must be filed electronically using
Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(IA ACCESS).8 An electronically-filed
document must be received successfully
in its entirety by the time and date it is
due. Documents excepted from the
electronic submission requirements
must be filed manually (i.e., in paper
form) with Enforcement and
Compliance’s APO/Dockets Unit, Room
1870, U.S. Department of Commerce,
14th Street and Constitution Avenue
NW., Washington, DC 20230, and
stamped with the date and time of
receipt by the applicable deadlines.
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Comments on Product Characteristics
for AD Questionnaires
The Department requests comments
from interested parties regarding the
appropriate physical characteristics of
welded line pipe to be reported in
response to the Department’s AD
questionnaires. This information will be
used to identify the key physical
characteristics of the subject
merchandise in order to report the
relevant factors and costs of production
accurately, as well as to develop
appropriate product-comparison
criteria.
Interested parties may provide any
information or comments that they feel
are relevant to the development of an
accurate list of physical characteristics.
Specifically, they may provide
comments as to which characteristics
are appropriate to use as: (1) general
product characteristics; and (2) productcomparison criteria. We note that it is
not always appropriate to use all
product characteristics as product8 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011) for details of the Department’s
electronic filing requirements, which went into
effect on August 5, 2011. Information on help using
IA ACCESS can be found at https://
iaaccess.trade.gov/help.aspx and a handbook can
be found at https://iaaccess.trade.gov/help/
Handbook%20on%20Electronic%20Filling
%20Procedures.pdf.
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comparison criteria. We base productcomparison criteria on meaningful
commercial differences among products.
In other words, although there may be
some physical product characteristics
utilized by manufacturers to describe
welded line pipe, it may be that only a
select few product characteristics take
into account commercially meaningful
physical characteristics. In addition,
interested parties may comment on the
order in which the physical
characteristics should be used in
matching products. Generally, the
Department attempts to list the most
important physical characteristics first
and the least important characteristics
last.
In order to consider the suggestions of
interested parties in developing and
issuing the AD questionnaires, all
comments must be filed by 5:00 p.m.
EST on November 25, 2014, which is 20
calendar days from the signature date of
this notice. Any rebuttal comments
must be filed by 5:00 p.m. EST on
December 2, 2014. All comments and
submissions to the Department must be
filed electronically using IA ACCESS, as
explained above, on the records of the
Korea and Turkey less-than-fair-value
investigations.
Determination of Industry Support for
the Petitions
Section 732(b)(1) of the Act requires
that a petition be filed on behalf of the
domestic industry. Section 732(c)(4)(A)
of the Act provides that a petition meets
this requirement if the domestic
producers or workers who support the
petition account for: (i) at least 25
percent of the total production of the
domestic like product; and (ii) more
than 50 percent of the production of the
domestic like product produced by that
portion of the industry expressing
support for, or opposition to, the
petition. Moreover, section 732(c)(4)(D)
of the Act provides that, if the petition
does not establish support of domestic
producers or workers accounting for
more than 50 percent of the total
production of the domestic like product,
the Department shall: (i) poll the
industry or rely on other information in
order to determine if there is support for
the petition, as required by
subparagraph (A); or (ii) determine
industry support using a statistically
valid sampling method to poll the
‘‘industry.’’
Section 771(4)(A) of the Act defines
the ‘‘industry’’ as the producers as a
whole of a domestic like product, or
those producers whose collective output
of a domestic like product constitutes a
major proportion of the total domestic
production of the product. Thus, to
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determine whether a petition has the
requisite industry support, the statute
directs the Department to look to
producers and workers who produce the
domestic like product. The International
Trade Commission (ITC), which is
responsible for determining whether
‘‘the domestic industry’’ has been
injured, must also determine what
constitutes a domestic like product in
order to define the industry. While both
the Department and the ITC must apply
the same statutory definition regarding
the domestic like product,9 they do so
for different purposes and pursuant to a
separate and distinct authority. In
addition, the Department’s
determination is subject to limitations of
time and information. Although this
may result in different definitions of the
like product, such differences do not
render the decision of either agency
contrary to law.10
Section 771(10) of the Act defines the
domestic like product as ‘‘a product
which is like, or in the absence of like,
most similar in characteristics and uses
with, the article subject to an
investigation under this title.’’ Thus, the
reference point from which the
domestic like product analysis begins is
‘‘the article subject to an investigation’’
(i.e., the class or kind of merchandise to
be investigated, which normally will be
the scope as defined in the petition).
With regard to the domestic like
product, the petitioners do not offer a
definition of the domestic like product
distinct from the scope of the
investigations. Based on our analysis of
the information submitted on the
record, we have determined that welded
line pipe, as defined in the scope of the
investigations, constitutes a single
domestic like product and we have
analyzed industry support in terms of
that domestic like product.11
In determining whether the
petitioners have standing under section
732(c)(4)(A) of the Act, we considered
9 See
section 771(10) of the Act.
USEC, Inc. v. United States, 132 F. Supp.
2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd.
v. United States, 688 F. Supp. 639, 644 (CIT 1988),
aff’d 865 F.2d 240 (Fed. Cir. 1989)).
11 For a discussion of the domestic like product
analysis in this case, see Antidumping Duty
Investigation Initiation Checklist: Welded Line Pipe
from the Republic of Korea (Korea AD Initiation
Checklist) at Attachment II, Analysis of Industry
Support for the Antidumping and Countervailing
Duty Petitions Covering Welded Line Pipe from the
Republic of Korea and the Republic of Turkey
(Attachment II); and Antidumping Duty
Investigation Initiation Checklist: Welded Line Pipe
from the Republic of Turkey (Turkey AD Initiation
Checklist), at Attachment II. These checklists are
dated concurrently with this notice and are on file
electronically via IA ACCESS. Access to documents
filed via IA ACCESS is also available in the Central
Records Unit, Room 7046 of the main Department
of Commerce building.
10 See
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the industry support data contained in
the Petitions with reference to the
domestic like product as defined in the
‘‘Scope of the Investigations,’’ in
Appendix I of this notice. To establish
industry support, the petitioners
provided their production of the
domestic like product in 2013, as well
as the production of a company that
supports the Petitions, and compared
this to the total production of the
domestic like product for the entire
domestic industry.12
On October 27, 2014, we received a
submission from U.S. Steel, a domestic
producer of welded line pipe. In the
submission, U.S. Steel states that it
supports the AD and CVD petitions on
welded line pipe from Korea and
Turkey.13 In an additional submission
on October 31, 2014, U.S. Steel
provided its 2013 production of the
domestic like product.14
We have relied upon data that the
petitioners and U.S. Steel provided for
purposes of measuring industry
support.15
Based on information provided in the
Petitions, supplemental submissions,
and other information readily available
to the Department, we determine that
the petitioners have met the statutory
criteria for industry support under
section 732(c)(4)(A)(i) of the Act
because the domestic producers (or
workers) who support the Petitions
account for at least 25 percent of the
total production of the domestic like
product.16 Based on information
provided in the Petitions, supplemental
submissions, and submissions from U.S.
Steel, the domestic producers (or
workers) have met the statutory criteria
for industry support under section
732(c)(4)(A)(ii) of the Act because the
domestic producers (or workers) who
support the Petitions account for more
than 50 percent of the production of the
domestic like product produced by that
portion of the industry expressing
support for, or opposition to, the
Petitions. Accordingly, the Department
determines that the Petitions were filed
on behalf of the domestic industry
within the meaning of section 732(b)(1)
of the Act.17
12 See General Issues Supplement, at 3–5 and
Exhibits 3 and 4; see also Second General Issues
Supplement, at Attachment 1.
13 See Letter from U.S. Steel, dated October 27,
2014, at 1–2.
14 See Letter from U.S. Steel to the Department
entitled ‘‘Re: Welded Line Pipe from the Republic
of Korea and the Republic of Turkey,’’ dated
October 31, 2014.
15 See Korea AD Initiation Checklist and Turkey
AD Initiation Checklist, at Attachment II.
16 Id.
17 Id.
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The Department finds that the
petitioners filed the Petitions on behalf
of the domestic industry because they
are interested parties as defined in
section 771(9)(C) of the Act and they
have demonstrated sufficient industry
support with respect to the AD
investigations that they are requesting
the Department initiate.18
Allegations and Evidence of Material
Injury and Causation
The petitioners allege that the U.S.
industry producing the domestic like
product is being materially injured, or is
threatened with material injury, by
reason of the imports of the subject
merchandise sold at less than fair value.
In addition, the petitioners allege that
subject imports exceed the negligibility
threshold provided for under section
771(24)(A) of the Act.19
The petitioners contend that the
industry’s injured condition is
illustrated by reduced market share,
underselling and price depression or
suppression, lost sales and revenues,
declining shipments, reduced
production capacity, and a decline in
financial performance.20 We assessed
the allegations and supporting evidence
regarding material injury, threat of
material injury, and causation, and we
determined that these allegations are
properly supported by adequate
evidence and meet the statutory
requirements for initiation.21
Allegations of Sales at Less Than Fair
Value
The following is a description of the
allegations of sales at less than fair value
upon which the Department based its
decision to initiate investigations of
imports of welded line pipe from Korea
and Turkey. The sources of data for the
deductions and adjustments relating to
U.S. price and normal value (NV) are
discussed in greater detail in the
country-specific initiation checklists.
Export Price
For Korea, the petitioners based U.S.
price on price quotes from a trading
company, which sells welded line pipe
produced by a Korean producer, offered
for sale to a U.S. customer. The
18 Id.
19 See
General Issues Supplement, at 6 and
Exhibit 7.
20 See Volume I of the Petitions, at 14–18, 21–27,
and Exhibits I–2, I–6, and I–8 through I–10; see also
General Issues Supplement, at 6–7 and Exhibits 7
and 8.
21 See Korea AD Initiation Checklist and Turkey
AD Initiation Checklist, at Attachment III, Analysis
of Allegations and Evidence of Material Injury and
Causation for the Antidumping and Countervailing
Duty Petitions Covering Welded Line Pipe from the
Republic of Korea and the Republic of Turkey.
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petitioners made deductions for
movement and other expenses
consistent with the sales and delivery
terms of the price quotes. They also
made a deduction for the trading
company mark-up.22
For Turkey, the petitioners based U.S.
price on the average unit value for U.S.
imports of welded line pipe under
Harmonized Tariff Schedule of the
United States (HTSUS) number
7306.19.1050, obtained from the ITC’s
Dataweb for the period of October 2013
through August 2014.23 The petitioners
assert that this HTSUS subheading
includes welded line pipe most similar
to that found in the home market price
quote. The petitioners made no
adjustments to U.S. price for movement
costs for shipping the merchandise from
the port in Turkey to the United States
because the AUV is based on customs
values which do not include these
expenses. Further, the petitioners
conservatively did not deduct foreign
inland freight expenses from the U.S.
price because known producers are in
close proximity to the port.24
Normal Value
For Korea and Turkey, the petitioners
based NV on price quotes provided for
the foreign like product produced in the
subject country by producer(s) of
welded line pipe in that country and
sold or offered for sale in the subject
country by producer(s) of welded line
pipe.25 Consistent with the terms of sale
and delivery, the petitioners did not
make deductions for movement or other
expenses.26
Fair Value Comparisons
Based on the data provided by the
petitioners, there is reason to believe
that imports of welded line pipe from
Korea and Turkey are being, or are
likely to be, sold in the United States at
less than fair value. Based on
comparisons of export price to NV in
accordance with section 773(a) of the
Act, the estimated dumping margins for
welded line pipe from Korea range from
48.49 percent to 202.31 percent.27 The
estimated dumping margin for Turkey is
9.85 percent.28
22 See
Korea AD Initiation Checklist.
Turkey AD Initiation Checklist. The
petitioners noted that September 2014 import data
was not available through the ITC’s Dataweb at the
time of the Turkey AD Supplement. See Turkey AD
Supplement, at 1.
24 See Turkey AD Initiation Checklist.
25 See Korea AD Initiation Checklist and Turkey
AD Initiation Checklist.
26 Id.
27 See Korea AD Initiation Checklist.
28 See Turkey AD Supplement, at 3.
23 See
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Initiation of Less-Than-Fair-Value
Investigations
Based upon the examination of the
AD Petitions on welded line pipe from
Korea and Turkey, we find that the
Petitions meet the requirements of
section 732 of the Act. Therefore, we are
initiating AD investigations to
determine whether imports of welded
line pipe from Korea and Turkey are
being, or are likely to be, sold in the
United States at less than fair value. In
accordance with section 733(b)(1)(A) of
the Act and 19 CFR 351.205(b)(1),
unless postponed, we will make our
preliminary determinations no later
than 140 days after the date of this
initiation.
Respondent Selection
The petitioners named 13 companies
as producers/exporters of welded line
pipe from Korea, and 13 from Turkey.29
Following standard practice in AD
investigations involving market
economy countries, the Department
will, where appropriate, select
respondents based on U.S. Customs and
Border Protection (CBP) data for U.S.
imports of welded line pipe during the
period of investigation under HTSUS
numbers: 7305.11.1030; 7305.11.5000;
7305.12.1030; 7305.12.5000;
7305.19.1030; 7305.19.5000;
7306.19.1010; 7306.19.1050;
7306.19.5110; and 7306.19.5150. We
intend to release CBP data under
Administrative Protective Order (APO)
to all parties with access to information
protected by APO shortly after the
announcement of these case initiations.
The Department invites comments
regarding CBP data and respondent
selection within five calendar days of
publication of this Federal Register
notice. Comments must be filed
electronically using IA ACCESS. An
electronically-filed document must be
received successfully in its entirety by
the Department’s electronic records
system, IA ACCESS, by 5 p.m. Eastern
time by the date noted above. We intend
to make our decision regarding
respondent selection within 20 days of
publication of this Federal Register
notice. Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305(b).
Instructions for filing such applications
may be found on the Department’s Web
site at https://enforcement.trade.gov/apo.
Distribution of Copies of the Petitions
In accordance with section
732(b)(3)(A) of the Act and 19 CFR
351.202(f), copies of the public version
of the Petitions have been provided to
the governments of Korea and Turkey
via IA ACCESS. Because of the
particularly large number of producers/
exporters identified in the Petitions, the
Department considers the service of the
public version of the Petitions to the
foreign producers/exporters to be
satisfied by the provision of the public
version of the Petitions to the
governments of Korea and Turkey,
consistent with 19 CFR 351.203(c)(2).
ITC Notification
We have notified the ITC of our
initiation, as required by section 732(d)
of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine,
within 45 days after the date on which
the Petitions were filed, whether there
is a reasonable indication that imports
of welded line pipe from Korea and/or
Turkey are materially injuring or
threatening material injury to a U.S.
industry.30 A negative ITC
determination for any country will
result in the investigation being
terminated with respect to that
country; 31 otherwise, these
investigations will proceed according to
statutory and regulatory time limits.
Submission of Factual Information
On April 10, 2013, the Department
published Definition of Factual
Information and Time Limits for
Submission of Factual Information:
Final Rule, 78 FR 21246 (April 10,
2013), which modified two regulations
related to AD and CVD proceedings: the
definition of factual information (19
CFR 351.102(b)(21)), and the time limits
for the submission of factual
information (19 CFR 351.301). The final
rule identifies five categories of factual
information in 19 CFR 351.102(b)(21),
which are summarized as follows: (i)
Evidence submitted in response to
questionnaires; (ii) evidence submitted
in support of allegations; (iii) publicly
available information to value factors
under 19 CFR 351.408(c) or to measure
the adequacy of remuneration under 19
CFR 351.511(a)(2); (iv) evidence placed
on the record by the Department; and (v)
evidence other than factual information
described in (i)–(iv). The final rule
requires any party, when submitting
factual information, to specify under
which subsection of 19 CFR
351.102(b)(21) the information is being
submitted and, if the information is
submitted to rebut, clarify, or correct
factual information already on the
record, to provide an explanation
30 See
29 See
Volume I of the Petitions, at Exhibit I–4.
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section 733(a) of the Act.
31 Id.
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identifying the information already on
the record that the factual information
seeks to rebut, clarify, or correct. The
final rule also modified 19 CFR 351.301
so that, rather than providing general
time limits, there are specific time limits
based on the type of factual information
being submitted. These modifications
are effective for all proceeding segments
initiated on or after May 10, 2013, and
thus are applicable to these
investigations. Interested parties should
review the final rule, available at https://
enforcement.trade.gov/frn/2013/
1304frn/2013-08227.txt prior to
submitting factual information in these
investigations.
Revised Extension of Time Limits
Regulation
On September 20, 2013, the
Department modified its regulation
concerning the extension of time limits
for submissions in AD and CVD
proceedings.32 The modification
clarifies that parties may request an
extension of time limits before a time
limit established under 19 CFR 351
expires, or as otherwise specified by the
Secretary. In general, an extension
request will be considered untimely if it
is filed after the time limit established
under Part 351 expires. For submissions
which are due from multiple parties
simultaneously, an extension request
will be considered untimely if it is filed
after 10:00 a.m. on the due date.
Examples include but are not limited to:
(1) Case and rebuttal briefs, filed
pursuant to 19 CFR 351.309; (2) factual
information to value factors under 19
CFR 351.408(c), or to measure the
adequacy of remuneration under 19 CFR
351.511(a)(2) filed pursuant to 19 CFR
351.301(c)(3) and rebuttal, clarification
and correction information filed
pursuant to 19 CFR 351.301(c)(3)(iv); (3)
comments concerning the selection of a
surrogate country and surrogate values
and rebuttal; (4) comments concerning
CBP data; and (5) quantity and value
questionnaires. Under certain
circumstances, the Department may
elect to specify a different time limit by
which extension requests will be
considered untimely for submissions
which are due from multiple parties
simultaneously. In such a case, the
Department will inform parties in the
letter or memorandum setting forth the
deadline (including a specified time) by
which extension requests must be filed
to be considered timely. This
modification also requires that an
extension request must be made in a
separate, stand-alone submission, and
32 See Extension of Time Limits; Final Rule, 78 FR
57790 (September 20, 2013).
E:\FR\FM\14NON1.SGM
14NON1
Federal Register / Vol. 79, No. 220 / Friday, November 14, 2014 / Notices
clarifies the circumstances under which
the Department will grant untimelyfiled requests for the extension of time
limits. These modifications are effective
for all segments initiated on or after
October 21, 2013. Interested parties
should review Extension of Time Limits;
Final Rule, available at https://
www.gpo.gov/fdsys/pkg/FR-2013-09-20/
html/2013-22853.htm, prior to
submitting factual information in these
investigations.
Certification Requirements
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information.33
Parties are hereby reminded that revised
certification requirements are in effect
for company/government officials, as
well as their representatives.
Investigations initiated on the basis of
petitions filed on or after August 16,
2013, and other segments of any AD or
CVD proceedings initiated on or after
August 16, 2013, should use the formats
for the revised certifications provided at
the end of the Final Rule.34 The
Department intends to reject factual
submissions if the submitting party does
not comply with the applicable revised
certification requirements.
Notification to Interested Parties
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305. On
January 22, 2008, the Department
published Antidumping and
Countervailing Duty Proceedings:
Documents Submission Procedures;
APO Procedures, 73 FR 3634 (January
22, 2008). Parties wishing to participate
in these investigations should ensure
that they meet the requirements of these
procedures (e.g., the filing of letters of
appearance as discussed in 19 CFR
351.103(d)).
This notice is issued and published
pursuant to section 777(i) of the Act.
Date: November 5, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
mstockstill on DSK4VPTVN1PROD with NOTICES
Scope of the Investigations
The merchandise covered by these
investigations is circular welded carbon and
alloy steel (other than stainless steel) pipe of
section 782(b) of the Act.
Certification of Factual Information To
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule); see also frequently asked
questions regarding the Final Rule, available at
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
34 See
VerDate Sep<11>2014
17:37 Nov 13, 2014
Jkt 235001
[FR Doc. 2014–26894 Filed 11–13–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Notice of Availability for a Finding of
No Significant Impact and
Environmental Assessment for
Potential Slant Test Well Project in the
Monterey Bay National Marine
Sanctuary
Monterey Bay National Marine
Sanctuary (MBNMS), Office of National
Marine Sanctuaries (ONMS), National
Ocean Service (NOS), National Oceanic
and Atmospheric Administration
(NOAA), Department of Commerce
(DOC).
ACTION: Notice of availability for final
environmental assessment and finding
of no significant impact.
AGENCY:
Monterey Bay National
Marine Sanctuary (MBNMS), which is
part of the Office of National Marine
Sanctuaries (ONMS), National Ocean
Service (NOS), National Oceanic and
Atmospheric Administration (NOAA),
has finalized an Environmental
Assessment (EA) which analyzed the
potential impacts of a slant test well
project proposed by California
American Water, a privately-owned
water and wastewater company, and
prepared a Finding of No Significant
Impact (FONSI) to the environmental
resources within MBNMS and adjacent
shoreline areas. The proposed project
described in the EA has been evaluated
SUMMARY:
Appendix I
33 See
a kind used for oil or gas pipelines (welded
line pipe), not more than 24 inches in
nominal outside diameter, regardless of wall
thickness, length, surface finish, end finish,
or stenciling. Welded line pipe is normally
produced to the American Petroleum
Institute (API) specification 5L, but can be
produced to comparable foreign
specifications, to proprietary grades, or can
be non-graded material. All pipe meeting the
physical description set forth above,
including multiple-stenciled pipe with an
API or comparable foreign specification line
pipe stencil is covered by the scope of these
investigations.
The welded line pipe that is subject to
these investigations is currently classifiable
in the Harmonized Tariff Schedule of the
United States (HTSUS) under subheadings
7305.11.1030, 7305.11.5000, 7305.12.1030,
7305.12.5000, 7305.19.1030, 7305.19.5000,
7306.19.1010, 7306.19.1050, 7306.19.5110,
and 7306.19.5150. The subject merchandise
may also enter in HTSUS 7305.11.1060 and
7305.12.1060. While the HTSUS subheadings
are provided for convenience and customs
purposes, the written description of the
scope of these investigations is dispositive.
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
68217
for consistency with the National
Marine Sanctuaries Act (16 U.S.C. 1431
et seq.), sanctuary goals and objectives,
and ONMS and MBNMS permitting
regulations. The environmental impacts
of the permitted action are described in
the EA, pursuant to the National
Environmental Policy Act (42 U.S.C.
4321 et seq.) and related implementing
regulations. The final EA and FONSI are
available for download on the MBNMS
Web site at: https://
montereybay.noaa.gov/new/
welcome.html#calam.
ADDRESSES: You may review these
documents, identifying #NOAA–NOS–
2014–0078, at www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Bridget Hoover, Water Quality
Protection Program Director, Monterey
Bay National Marine Sanctuary, 99
Pacific Street, Building 455a, Monterey,
CA 93940. Phone: (831) 647–4217.
SUPPLEMENTARY INFORMATION: California
American Water proposes development
and temporary operation of a slant test
well to obtain information regarding the
geologic, hydrogeologic, and water
quality characteristics of the underlying
aquifers. MBNMS proposes to authorize
two state agency permits or other
approvals that would allow
development of California American
Water’s proposed slant test well project.
The data obtained during the 24-month
testing and monitoring phase would be
used to facilitate the planning and final
design of a proposed subsurface slant
well intake system and desalination
plant to serve as the primary future
water supply source of the Monterey
Peninsula. The slant test well would be
drilled in the coastal foredune area of an
existing CEMEX sand mining facility in
the central coast of California, and
would extend diagonally under the floor
of the Pacific Ocean into the submerged
lands of MBNMS. The slant test well
would pump up to 2,500 gallons per
minute from the underlying aquifers for
a 24-month operational testing and
monitoring period. The pumped water,
consisting of untreated, tidallyinfluenced groundwater, would be
discharged into MBNMS via an existing
ocean outfall pipeline extending
approximately 2 miles offshore. The
project includes the development of up
to four clusters of monitoring wells to
evaluate the hydrogeologic response to
pumping activities. Upon completion of
the testing and monitoring activities, the
slant test well and all appurtenant
facilities would be decommissioned,
excavated, and removed, and the site
restored to its original condition.
The project requires authorization of
a state permit from MBNMS for the
E:\FR\FM\14NON1.SGM
14NON1
]]>Agencies
[Federal Register Volume 79, Number 220 (Friday, November 14, 2014)]
[Notices]
[Pages 68213-68217]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-26894]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-876, A-489-822]
Welded Line Pipe From the Republic of Korea and the Republic of
Turkey: Initiation of Less-Than-Fair-Value Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Effective Date: November 14, 2014.
FOR FURTHER INFORMATION CONTACT: David Goldberger at (202) 482-4136
(the Republic of Korea (Korea)), or Alice Maldonado at (202) 482-4682
(the Republic of Turkey (Turkey)), AD/CVD Operations, Enforcement and
Compliance, U.S. Department of Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
The Petitions
On October 16, 2014, the Department of Commerce (the Department)
received antidumping duty (AD) petitions concerning imports of welded
line pipe from Korea and Turkey filed in proper form on behalf of
American Cast Iron Pipe Company, Energex (a division of JMC Steel
Group), Maverick Tube Corporation, Northwest Pipe Company, Stupp
Corporation (a division of Stupp Bros., Inc.), Tex-Tube Company, TMK
IPSCO, and Welspun Tubular LLC USA (collectively, the petitioners). The
AD petitions were accompanied by two countervailing duty (CVD)
petitions.\1\ The petitioners are domestic producers of welded line
pipe.\2\
---------------------------------------------------------------------------
\1\ See Petitions for the Imposition of Antidumping and
Countervailing Duties: Welded API Line Pipe from South Korea and
Turkey, dated October 16, 2014 (the Petitions).
\2\ See Volume I of the Petitions, at 2-3.
---------------------------------------------------------------------------
On October 21, 2014, the Department requested additional
information and clarification of certain portions of the Petitions.\3\
The petitioners filed responses to these requests on October 24, 2014,
and October 29, 2014.\4\ On October 27 and October 31, 2014, we
received submissions from United States Steel Corporation (U.S. Steel),
a domestic producer of welded line pipe, in support of the Petitions.
---------------------------------------------------------------------------
\3\ See Letter from the Department to the petitioners entitled
``Re: Petitions for the Imposition of Antidumping and Countervailing
Duties on Imports of Welded Line Pipe from the Republic of Korea and
the Republic of Turkey: Supplemental Questions,'' dated October 21,
2014 (General Issues Supplemental Questionnaire), Letter from the
Department to the petitioners entitled ``Re: Petition for the
Imposition of Antidumping Duties on Imports of Welded Line Pipe from
the Republic of Korea: Supplemental Questions,'' dated October 21,
2014, and Letter from the Department to the petitioners entitled
``Re: Petition for the Imposition of Antidumping Duties on Imports
of Welded Line Pipe from the Republic of Turkey: Supplemental
Questions,'' dated October 21, 2014.
\4\ See ``Welded API Line Pipe from Korea and Turkey: Response
to Supplemental Questions,'' dated October 24, 2014 (General Issues
Supplement), ``Welded API Line Pipe from Korea: Response to
Supplemental Questions, dated October 24, 2014, ``Welded API Line
Pipe from Turkey: Response to Supplemental Questions,'' dated
October 24, 2014 (Turkey AD Supplement), and ``Welded API Line Pipe
from Korea and Turkey: Submission of CSI Letter of Support with 2013
Production and Revised Scope Language,'' dated October 29, 2014
(Second General Issues Supplement).
---------------------------------------------------------------------------
In accordance with section 732(b) of the Tariff Act of 1930, as
amended (the Act), the petitioners allege that welded line pipe from
Korea and Turkey is being, or is likely to be, sold in the United
States at less than fair value within the meaning of section 731 of the
Act and that such imports are materially injuring, or threatening
material injury to, an industry in the United States. Also, consistent
with section 732(b)(1) of the Act, the Petitions are accompanied by
information reasonably available to the petitioners supporting their
allegations.
The Department finds that the petitioners filed the Petitions on
behalf of the domestic industry because the petitioners are interested
parties as defined in section 771(9)(C) of the Act. The Department also
finds that the petitioners demonstrated sufficient industry support
with respect to the initiation of the AD investigations that the
petitioners are requesting.\5\
---------------------------------------------------------------------------
\5\ See the ``Determination of Industry Support for the
Petitions'' section below.
---------------------------------------------------------------------------
Period of Investigation
Because the Petitions were filed on October 16, 2014, pursuant to
19 CFR 351.204(b)(1) the period of investigation for both Korea and
Turkey is October 1, 2013, through September 30, 2014.
Scope of the Investigations
The product covered by these investigations is welded line pipe
from Korea and Turkey. For a full description of the scope of these
investigations, see the ``Scope of the Investigations'' in Appendix I
of this notice.
Comments on Scope of the Investigations
During our review of the Petitions, the Department issued questions
to, and received responses from, the petitioners pertaining to the
proposed scope to ensure that the scope language in the Petitions would
be an accurate reflection of the products for which the domestic
industry is seeking relief.\6\
---------------------------------------------------------------------------
\6\ See General Issues Supplemental Questionnaire; see also
General Issues Supplement.
---------------------------------------------------------------------------
As discussed in the preamble to the Department's regulations,\7\ we
are setting aside a period for interested parties to raise issues
regarding product coverage (scope). The period for scope comments is
intended to provide the Department with ample opportunity to consider
all comments and to consult with parties prior to the issuance of the
preliminary determinations. If scope comments include factual
information (see 19 CFR 351.102(b)(21)), all such factual information
should be limited to public information. All such comments must be
filed by 5:00 p.m. Eastern Standard Time (EST) on November 25, 2014,
which is 20 calendar days from the signature date of this notice. Any
rebuttal comments, which may include factual information, must be filed
by 5:00 p.m. EST on December 5, 2014, which is 10 calendar days after
the initial comments deadline.
---------------------------------------------------------------------------
\7\ See Antidumping Duties; Countervailing Duties; Final rule,
62 FR 27296, 27323 (May 19, 1997).
---------------------------------------------------------------------------
The Department requests that any factual information the parties
consider
[[Page 68214]]
relevant to the scope of the investigations be submitted during this
time period. However, if a party subsequently finds that additional
factual information pertaining to the scope of the investigations may
be relevant, the party may contact the Department and request
permission to submit the additional information. All such comments must
be filed on the records of the Korea and Turkey AD and CVD
investigations.
Filing Requirements
All submissions to the Department must be filed electronically
using Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (IA ACCESS).\8\ An
electronically-filed document must be received successfully in its
entirety by the time and date it is due. Documents excepted from the
electronic submission requirements must be filed manually (i.e., in
paper form) with Enforcement and Compliance's APO/Dockets Unit, Room
1870, U.S. Department of Commerce, 14th Street and Constitution Avenue
NW., Washington, DC 20230, and stamped with the date and time of
receipt by the applicable deadlines.
---------------------------------------------------------------------------
\8\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011) for details of the
Department's electronic filing requirements, which went into effect
on August 5, 2011. Information on help using IA ACCESS can be found
at https://iaaccess.trade.gov/help.aspx and a handbook can be found
at https://iaaccess.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf.
---------------------------------------------------------------------------
Comments on Product Characteristics for AD Questionnaires
The Department requests comments from interested parties regarding
the appropriate physical characteristics of welded line pipe to be
reported in response to the Department's AD questionnaires. This
information will be used to identify the key physical characteristics
of the subject merchandise in order to report the relevant factors and
costs of production accurately, as well as to develop appropriate
product-comparison criteria.
Interested parties may provide any information or comments that
they feel are relevant to the development of an accurate list of
physical characteristics. Specifically, they may provide comments as to
which characteristics are appropriate to use as: (1) general product
characteristics; and (2) product-comparison criteria. We note that it
is not always appropriate to use all product characteristics as
product-comparison criteria. We base product-comparison criteria on
meaningful commercial differences among products. In other words,
although there may be some physical product characteristics utilized by
manufacturers to describe welded line pipe, it may be that only a
select few product characteristics take into account commercially
meaningful physical characteristics. In addition, interested parties
may comment on the order in which the physical characteristics should
be used in matching products. Generally, the Department attempts to
list the most important physical characteristics first and the least
important characteristics last.
In order to consider the suggestions of interested parties in
developing and issuing the AD questionnaires, all comments must be
filed by 5:00 p.m. EST on November 25, 2014, which is 20 calendar days
from the signature date of this notice. Any rebuttal comments must be
filed by 5:00 p.m. EST on December 2, 2014. All comments and
submissions to the Department must be filed electronically using IA
ACCESS, as explained above, on the records of the Korea and Turkey
less-than-fair-value investigations.
Determination of Industry Support for the Petitions
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) at least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, the Department
shall: (i) poll the industry or rely on other information in order to
determine if there is support for the petition, as required by
subparagraph (A); or (ii) determine industry support using a
statistically valid sampling method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product, or those producers
whose collective output of a domestic like product constitutes a major
proportion of the total domestic production of the product. Thus, to
determine whether a petition has the requisite industry support, the
statute directs the Department to look to producers and workers who
produce the domestic like product. The International Trade Commission
(ITC), which is responsible for determining whether ``the domestic
industry'' has been injured, must also determine what constitutes a
domestic like product in order to define the industry. While both the
Department and the ITC must apply the same statutory definition
regarding the domestic like product,\9\ they do so for different
purposes and pursuant to a separate and distinct authority. In
addition, the Department's determination is subject to limitations of
time and information. Although this may result in different definitions
of the like product, such differences do not render the decision of
either agency contrary to law.\10\
---------------------------------------------------------------------------
\9\ See section 771(10) of the Act.
\10\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
---------------------------------------------------------------------------
Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioners do not
offer a definition of the domestic like product distinct from the scope
of the investigations. Based on our analysis of the information
submitted on the record, we have determined that welded line pipe, as
defined in the scope of the investigations, constitutes a single
domestic like product and we have analyzed industry support in terms of
that domestic like product.\11\
---------------------------------------------------------------------------
\11\ For a discussion of the domestic like product analysis in
this case, see Antidumping Duty Investigation Initiation Checklist:
Welded Line Pipe from the Republic of Korea (Korea AD Initiation
Checklist) at Attachment II, Analysis of Industry Support for the
Antidumping and Countervailing Duty Petitions Covering Welded Line
Pipe from the Republic of Korea and the Republic of Turkey
(Attachment II); and Antidumping Duty Investigation Initiation
Checklist: Welded Line Pipe from the Republic of Turkey (Turkey AD
Initiation Checklist), at Attachment II. These checklists are dated
concurrently with this notice and are on file electronically via IA
ACCESS. Access to documents filed via IA ACCESS is also available in
the Central Records Unit, Room 7046 of the main Department of
Commerce building.
---------------------------------------------------------------------------
In determining whether the petitioners have standing under section
732(c)(4)(A) of the Act, we considered
[[Page 68215]]
the industry support data contained in the Petitions with reference to
the domestic like product as defined in the ``Scope of the
Investigations,'' in Appendix I of this notice. To establish industry
support, the petitioners provided their production of the domestic like
product in 2013, as well as the production of a company that supports
the Petitions, and compared this to the total production of the
domestic like product for the entire domestic industry.\12\
---------------------------------------------------------------------------
\12\ See General Issues Supplement, at 3-5 and Exhibits 3 and 4;
see also Second General Issues Supplement, at Attachment 1.
---------------------------------------------------------------------------
On October 27, 2014, we received a submission from U.S. Steel, a
domestic producer of welded line pipe. In the submission, U.S. Steel
states that it supports the AD and CVD petitions on welded line pipe
from Korea and Turkey.\13\ In an additional submission on October 31,
2014, U.S. Steel provided its 2013 production of the domestic like
product.\14\
---------------------------------------------------------------------------
\13\ See Letter from U.S. Steel, dated October 27, 2014, at 1-2.
\14\ See Letter from U.S. Steel to the Department entitled ``Re:
Welded Line Pipe from the Republic of Korea and the Republic of
Turkey,'' dated October 31, 2014.
---------------------------------------------------------------------------
We have relied upon data that the petitioners and U.S. Steel
provided for purposes of measuring industry support.\15\
---------------------------------------------------------------------------
\15\ See Korea AD Initiation Checklist and Turkey AD Initiation
Checklist, at Attachment II.
---------------------------------------------------------------------------
Based on information provided in the Petitions, supplemental
submissions, and other information readily available to the Department,
we determine that the petitioners have met the statutory criteria for
industry support under section 732(c)(4)(A)(i) of the Act because the
domestic producers (or workers) who support the Petitions account for
at least 25 percent of the total production of the domestic like
product.\16\ Based on information provided in the Petitions,
supplemental submissions, and submissions from U.S. Steel, the domestic
producers (or workers) have met the statutory criteria for industry
support under section 732(c)(4)(A)(ii) of the Act because the domestic
producers (or workers) who support the Petitions account for more than
50 percent of the production of the domestic like product produced by
that portion of the industry expressing support for, or opposition to,
the Petitions. Accordingly, the Department determines that the
Petitions were filed on behalf of the domestic industry within the
meaning of section 732(b)(1) of the Act.\17\
---------------------------------------------------------------------------
\16\ Id.
\17\ Id.
---------------------------------------------------------------------------
The Department finds that the petitioners filed the Petitions on
behalf of the domestic industry because they are interested parties as
defined in section 771(9)(C) of the Act and they have demonstrated
sufficient industry support with respect to the AD investigations that
they are requesting the Department initiate.\18\
---------------------------------------------------------------------------
\18\ Id.
---------------------------------------------------------------------------
Allegations and Evidence of Material Injury and Causation
The petitioners allege that the U.S. industry producing the
domestic like product is being materially injured, or is threatened
with material injury, by reason of the imports of the subject
merchandise sold at less than fair value. In addition, the petitioners
allege that subject imports exceed the negligibility threshold provided
for under section 771(24)(A) of the Act.\19\
---------------------------------------------------------------------------
\19\ See General Issues Supplement, at 6 and Exhibit 7.
---------------------------------------------------------------------------
The petitioners contend that the industry's injured condition is
illustrated by reduced market share, underselling and price depression
or suppression, lost sales and revenues, declining shipments, reduced
production capacity, and a decline in financial performance.\20\ We
assessed the allegations and supporting evidence regarding material
injury, threat of material injury, and causation, and we determined
that these allegations are properly supported by adequate evidence and
meet the statutory requirements for initiation.\21\
---------------------------------------------------------------------------
\20\ See Volume I of the Petitions, at 14-18, 21-27, and
Exhibits I-2, I-6, and I-8 through I-10; see also General Issues
Supplement, at 6-7 and Exhibits 7 and 8.
\21\ See Korea AD Initiation Checklist and Turkey AD Initiation
Checklist, at Attachment III, Analysis of Allegations and Evidence
of Material Injury and Causation for the Antidumping and
Countervailing Duty Petitions Covering Welded Line Pipe from the
Republic of Korea and the Republic of Turkey.
---------------------------------------------------------------------------
Allegations of Sales at Less Than Fair Value
The following is a description of the allegations of sales at less
than fair value upon which the Department based its decision to
initiate investigations of imports of welded line pipe from Korea and
Turkey. The sources of data for the deductions and adjustments relating
to U.S. price and normal value (NV) are discussed in greater detail in
the country-specific initiation checklists.
Export Price
For Korea, the petitioners based U.S. price on price quotes from a
trading company, which sells welded line pipe produced by a Korean
producer, offered for sale to a U.S. customer. The petitioners made
deductions for movement and other expenses consistent with the sales
and delivery terms of the price quotes. They also made a deduction for
the trading company mark-up.\22\
---------------------------------------------------------------------------
\22\ See Korea AD Initiation Checklist.
---------------------------------------------------------------------------
For Turkey, the petitioners based U.S. price on the average unit
value for U.S. imports of welded line pipe under Harmonized Tariff
Schedule of the United States (HTSUS) number 7306.19.1050, obtained
from the ITC's Dataweb for the period of October 2013 through August
2014.\23\ The petitioners assert that this HTSUS subheading includes
welded line pipe most similar to that found in the home market price
quote. The petitioners made no adjustments to U.S. price for movement
costs for shipping the merchandise from the port in Turkey to the
United States because the AUV is based on customs values which do not
include these expenses. Further, the petitioners conservatively did not
deduct foreign inland freight expenses from the U.S. price because
known producers are in close proximity to the port.\24\
---------------------------------------------------------------------------
\23\ See Turkey AD Initiation Checklist. The petitioners noted
that September 2014 import data was not available through the ITC's
Dataweb at the time of the Turkey AD Supplement. See Turkey AD
Supplement, at 1.
\24\ See Turkey AD Initiation Checklist.
---------------------------------------------------------------------------
Normal Value
For Korea and Turkey, the petitioners based NV on price quotes
provided for the foreign like product produced in the subject country
by producer(s) of welded line pipe in that country and sold or offered
for sale in the subject country by producer(s) of welded line pipe.\25\
Consistent with the terms of sale and delivery, the petitioners did not
make deductions for movement or other expenses.\26\
---------------------------------------------------------------------------
\25\ See Korea AD Initiation Checklist and Turkey AD Initiation
Checklist.
\26\ Id.
---------------------------------------------------------------------------
Fair Value Comparisons
Based on the data provided by the petitioners, there is reason to
believe that imports of welded line pipe from Korea and Turkey are
being, or are likely to be, sold in the United States at less than fair
value. Based on comparisons of export price to NV in accordance with
section 773(a) of the Act, the estimated dumping margins for welded
line pipe from Korea range from 48.49 percent to 202.31 percent.\27\
The estimated dumping margin for Turkey is 9.85 percent.\28\
---------------------------------------------------------------------------
\27\ See Korea AD Initiation Checklist.
\28\ See Turkey AD Supplement, at 3.
---------------------------------------------------------------------------
[[Page 68216]]
Initiation of Less-Than-Fair-Value Investigations
Based upon the examination of the AD Petitions on welded line pipe
from Korea and Turkey, we find that the Petitions meet the requirements
of section 732 of the Act. Therefore, we are initiating AD
investigations to determine whether imports of welded line pipe from
Korea and Turkey are being, or are likely to be, sold in the United
States at less than fair value. In accordance with section 733(b)(1)(A)
of the Act and 19 CFR 351.205(b)(1), unless postponed, we will make our
preliminary determinations no later than 140 days after the date of
this initiation.
Respondent Selection
The petitioners named 13 companies as producers/exporters of welded
line pipe from Korea, and 13 from Turkey.\29\ Following standard
practice in AD investigations involving market economy countries, the
Department will, where appropriate, select respondents based on U.S.
Customs and Border Protection (CBP) data for U.S. imports of welded
line pipe during the period of investigation under HTSUS numbers:
7305.11.1030; 7305.11.5000; 7305.12.1030; 7305.12.5000; 7305.19.1030;
7305.19.5000; 7306.19.1010; 7306.19.1050; 7306.19.5110; and
7306.19.5150. We intend to release CBP data under Administrative
Protective Order (APO) to all parties with access to information
protected by APO shortly after the announcement of these case
initiations. The Department invites comments regarding CBP data and
respondent selection within five calendar days of publication of this
Federal Register notice. Comments must be filed electronically using IA
ACCESS. An electronically-filed document must be received successfully
in its entirety by the Department's electronic records system, IA
ACCESS, by 5 p.m. Eastern time by the date noted above. We intend to
make our decision regarding respondent selection within 20 days of
publication of this Federal Register notice. Interested parties must
submit applications for disclosure under APO in accordance with 19 CFR
351.305(b). Instructions for filing such applications may be found on
the Department's Web site at https://enforcement.trade.gov/apo.
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\29\ See Volume I of the Petitions, at Exhibit I-4.
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Distribution of Copies of the Petitions
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), copies of the public version of the Petitions have been
provided to the governments of Korea and Turkey via IA ACCESS. Because
of the particularly large number of producers/exporters identified in
the Petitions, the Department considers the service of the public
version of the Petitions to the foreign producers/exporters to be
satisfied by the provision of the public version of the Petitions to
the governments of Korea and Turkey, consistent with 19 CFR
351.203(c)(2).
ITC Notification
We have notified the ITC of our initiation, as required by section
732(d) of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petitions were filed, whether there is a reasonable
indication that imports of welded line pipe from Korea and/or Turkey
are materially injuring or threatening material injury to a U.S.
industry.\30\ A negative ITC determination for any country will result
in the investigation being terminated with respect to that country;
\31\ otherwise, these investigations will proceed according to
statutory and regulatory time limits.
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\30\ See section 733(a) of the Act.
\31\ Id.
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Submission of Factual Information
On April 10, 2013, the Department published Definition of Factual
Information and Time Limits for Submission of Factual Information:
Final Rule, 78 FR 21246 (April 10, 2013), which modified two
regulations related to AD and CVD proceedings: the definition of
factual information (19 CFR 351.102(b)(21)), and the time limits for
the submission of factual information (19 CFR 351.301). The final rule
identifies five categories of factual information in 19 CFR
351.102(b)(21), which are summarized as follows: (i) Evidence submitted
in response to questionnaires; (ii) evidence submitted in support of
allegations; (iii) publicly available information to value factors
under 19 CFR 351.408(c) or to measure the adequacy of remuneration
under 19 CFR 351.511(a)(2); (iv) evidence placed on the record by the
Department; and (v) evidence other than factual information described
in (i)-(iv). The final rule requires any party, when submitting factual
information, to specify under which subsection of 19 CFR 351.102(b)(21)
the information is being submitted and, if the information is submitted
to rebut, clarify, or correct factual information already on the
record, to provide an explanation identifying the information already
on the record that the factual information seeks to rebut, clarify, or
correct. The final rule also modified 19 CFR 351.301 so that, rather
than providing general time limits, there are specific time limits
based on the type of factual information being submitted. These
modifications are effective for all proceeding segments initiated on or
after May 10, 2013, and thus are applicable to these investigations.
Interested parties should review the final rule, available at https://enforcement.trade.gov/frn/2013/1304frn/2013-08227.txt prior to
submitting factual information in these investigations.
Revised Extension of Time Limits Regulation
On September 20, 2013, the Department modified its regulation
concerning the extension of time limits for submissions in AD and CVD
proceedings.\32\ The modification clarifies that parties may request an
extension of time limits before a time limit established under 19 CFR
351 expires, or as otherwise specified by the Secretary. In general, an
extension request will be considered untimely if it is filed after the
time limit established under Part 351 expires. For submissions which
are due from multiple parties simultaneously, an extension request will
be considered untimely if it is filed after 10:00 a.m. on the due date.
Examples include but are not limited to: (1) Case and rebuttal briefs,
filed pursuant to 19 CFR 351.309; (2) factual information to value
factors under 19 CFR 351.408(c), or to measure the adequacy of
remuneration under 19 CFR 351.511(a)(2) filed pursuant to 19 CFR
351.301(c)(3) and rebuttal, clarification and correction information
filed pursuant to 19 CFR 351.301(c)(3)(iv); (3) comments concerning the
selection of a surrogate country and surrogate values and rebuttal; (4)
comments concerning CBP data; and (5) quantity and value
questionnaires. Under certain circumstances, the Department may elect
to specify a different time limit by which extension requests will be
considered untimely for submissions which are due from multiple parties
simultaneously. In such a case, the Department will inform parties in
the letter or memorandum setting forth the deadline (including a
specified time) by which extension requests must be filed to be
considered timely. This modification also requires that an extension
request must be made in a separate, stand-alone submission, and
[[Page 68217]]
clarifies the circumstances under which the Department will grant
untimely-filed requests for the extension of time limits. These
modifications are effective for all segments initiated on or after
October 21, 2013. Interested parties should review Extension of Time
Limits; Final Rule, available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual information in
these investigations.
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\32\ See Extension of Time Limits; Final Rule, 78 FR 57790
(September 20, 2013).
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Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\33\
Parties are hereby reminded that revised certification requirements are
in effect for company/government officials, as well as their
representatives. Investigations initiated on the basis of petitions
filed on or after August 16, 2013, and other segments of any AD or CVD
proceedings initiated on or after August 16, 2013, should use the
formats for the revised certifications provided at the end of the Final
Rule.\34\ The Department intends to reject factual submissions if the
submitting party does not comply with the applicable revised
certification requirements.
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\33\ See section 782(b) of the Act.
\34\ See Certification of Factual Information To Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also
frequently asked questions regarding the Final Rule, available at
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. On January 22, 2008, the
Department published Antidumping and Countervailing Duty Proceedings:
Documents Submission Procedures; APO Procedures, 73 FR 3634 (January
22, 2008). Parties wishing to participate in these investigations
should ensure that they meet the requirements of these procedures
(e.g., the filing of letters of appearance as discussed in 19 CFR
351.103(d)).
This notice is issued and published pursuant to section 777(i) of
the Act.
Date: November 5, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigations
The merchandise covered by these investigations is circular
welded carbon and alloy steel (other than stainless steel) pipe of a
kind used for oil or gas pipelines (welded line pipe), not more than
24 inches in nominal outside diameter, regardless of wall thickness,
length, surface finish, end finish, or stenciling. Welded line pipe
is normally produced to the American Petroleum Institute (API)
specification 5L, but can be produced to comparable foreign
specifications, to proprietary grades, or can be non-graded
material. All pipe meeting the physical description set forth above,
including multiple-stenciled pipe with an API or comparable foreign
specification line pipe stencil is covered by the scope of these
investigations.
The welded line pipe that is subject to these investigations is
currently classifiable in the Harmonized Tariff Schedule of the
United States (HTSUS) under subheadings 7305.11.1030, 7305.11.5000,
7305.12.1030, 7305.12.5000, 7305.19.1030, 7305.19.5000,
7306.19.1010, 7306.19.1050, 7306.19.5110, and 7306.19.5150. The
subject merchandise may also enter in HTSUS 7305.11.1060 and
7305.12.1060. While the HTSUS subheadings are provided for
convenience and customs purposes, the written description of the
scope of these investigations is dispositive.
[FR Doc. 2014-26894 Filed 11-13-14; 8:45 am]
BILLING CODE 3510-DS-P
