Welded Line Pipe From the Republic of Korea: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 29620-29622 [2015-12523]
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29620
Federal Register / Vol. 80, No. 99 / Friday, May 22, 2015 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–876]
Welded Line Pipe From the Republic of
Korea: Preliminary Determination of
Sales at Less Than Fair Value and
Postponement of Final Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Department) preliminarily determines
that welded line pipe from the Republic
of Korea (Korea) 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). The period of
investigation (POI) is October 1, 2013,
through September 30, 2014. The
estimated weighted-average dumping
margins of sales at LTFV are shown in
the ‘‘Preliminary Determination’’
section of this notice. Interested parties
are invited to comment on this
preliminary determination.
DATES: Effective date: May 22, 2015.
FOR FURTHER INFORMATION CONTACT:
David Goldberger or Katherine Johnson,
AD/CVD Operations, Office II,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–4136 or (202) 482–4929,
respectively.
SUPPLEMENTARY INFORMATION:
asabaliauskas on DSK5VPTVN1PROD with NOTICES
AGENCY:
Background
The Department initiated this
investigation on November 5, 2014. For
a complete description of the events that
followed the initiation of this
investigation, see the memorandum that
is dated concurrently with this
determination and hereby adopted by
this notice.1 The Preliminary Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov, and to all
parties in the Central Records Unit,
room 7046 of the main Department of
1 See Memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, ‘‘Decision Memorandum for the
Preliminary Determination in the Antidumping
Duty Investigation of Welded Line Pipe from the
Republic of Korea,’’ (Preliminary Decision
Memorandum), dated concurrently with this notice.
VerDate Sep<11>2014
18:19 May 21, 2015
Jkt 235001
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be found at
https://enforcement.trade.gov/frn/. The
signed Preliminary Decision
Memorandum and the electronic
version of the Preliminary Decision
Memorandum are identical in content.
Scope of the Investigation
The scope of the investigation covers
welded line pipe, which is carbon and
alloy steel pipe of a kind used for oil
and gas pipelines, not more than 24
inches in nominal outside diameter. For
a complete description of the scope of
the investigation, see Appendix I.
Scope Comments
Certain interested parties commented
on the scope of the investigation as it
appeared in the Initiation Notice.2 For
discussion of those comments, see the
Preliminary Decision Memorandum.
Methodology
The Department is conducting this
investigation in accordance with section
731 of the Act. There are two
respondents participating in this
investigation, Hyundai HYSCO
(HYSCO) and SeAH Steel Corporation
(SeAH). Export price (EP) and
constructed export price (CEP) are
calculated in accordance with section
772 of the Act. Normal value (NV) is
calculated in accordance with section
773 of the Act. For a full description of
the methodology underlying our
preliminary conclusions, see the
Preliminary Decision Memorandum.
All-Others Rate
Consistent with sections
733(d)(1)(A)(ii) and 735(c)(5) of the Act,
the Department also calculated an
estimated all-others rate. Section
735(c)(5)(B) of the Act provides that the
estimated all-others rate shall be an
amount equal to the weighted average of
the estimated weighted-average
dumping margins established for
exporters and producers individually
investigated, excluding any zero and de
minimis margins, and any margins
determined entirely under section 776
of the Act.
In this investigation, we calculated
weighted-average dumping margins for
both mandatory respondents that are
above de minimis and which are not
based on total facts available. However,
because there are only two relevant
weighted-average dumping margins for
these preliminary results, using a
2 See Welded Line Pipe from the Republic of
Korea and the Republic of Turkey: Initiation of
Less-Than-Fair-Value Investigations, 79 FR 68213
(November 14, 2014) (Initiation Notice).
PO 00000
Frm 00019
Fmt 4703
Sfmt 4703
weighted-average of these two rates
risks disclosure of business proprietary
data. Therefore, the Department
assigned a margin to the all-others rate
companies based on the simple average
of the two mandatory respondents’
rates.3
Preliminary Determination
The Department preliminarily
determines that the following weightedaverage dumping margins exist:
Exporter/manufacturer
Hyundai HYSCO .........................
SeAH Steel Corporation .............
All Others ....................................
Weightedaverage
dumping
margin
(percent)
2.52
2.67
2.60
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
welded line pipe from Korea, as
described in the scope of the
investigation section of this notice,
which are entered, or withdrawn from
warehouse, for consumption on or after
the date of publication of this notice in
the Federal Register.
In accordance with 19 CFR
351.205(d), we will instruct CBP to
require a cash deposit equal to the
weighted-average amount by which the
NV exceeds the U.S. price, as indicated
in the chart above. Our longstanding
practice, where the product under
investigation is also subject to a
concurrent countervailing duty
investigation, is to subtract the amount
of countervailing duty determined to
constitute an export subsidy from the
amount by which NV exceeds U.S.
3 With two respondents, we would normally
calculate (A) a weighted-average of the dumping
margins calculated for the mandatory respondents;
(B) a simple average of the dumping margins
calculated for the mandatory respondents; and (C)
a weighted-average of the dumping margins
calculated for the mandatory respondents using
each company’s publicly-ranged values for the
merchandise under consideration. We would
compare (B) and (C) to (A) and select the rate closest
to (A) as the most appropriate rate for all other
companies. See Ball Bearings and Parts Thereof
From France, Germany, Italy, Japan, and the United
Kingdom: Final Results of Antidumping Duty
Administrative Reviews, Final Results of ChangedCircumstances Review, and Revocation of an Order
in Part, 75 FR 53661, 53663 (September 1, 2010).
In this case, however, we do not have complete
publicly ranged quantities for SeAH on the record
to properly conduct this comparison. Therefore, we
are using a simple-average of the dumping margins
calculated for the mandatory respondents as the allother’s rate for this preliminary determination, and
we intend to ask SeAH to provide a complete
publicly ranged summary of its U.S. sales quantities
for consideration in the final determination.
E:\FR\FM\22MYN1.SGM
22MYN1
Federal Register / Vol. 80, No. 99 / Friday, May 22, 2015 / Notices
price.4 In this case, although the
product under investigation is also
subject to a countervailing duty
investigation, the Department
preliminarily found no countervailing
duty determined to constitute an export
subsidy.5 Therefore, we have not offset
the cash deposit rates shown above for
purposes of this preliminary
determination.
Disclosure
We will disclose the calculations
performed to interested parties in this
proceeding within five days of the date
of publication of this notice in
accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i) of the
Act, we intend to verify information
relied upon in making our final
determination.
Public Comment
Interested parties are invited to
comment on this preliminary
determination. Case briefs or other
written comments may be submitted to
the Assistant Secretary for Enforcement
and Compliance no later than seven
days after the date on which the final
verification report is issued in this
proceeding, and rebuttal briefs, limited
to issues raised in case briefs, may be
submitted no later than five days after
the deadline date for case briefs.6
Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or
rebuttal briefs in this proceeding are
encouraged to submit with each
argument: (1) A statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, or to participate if one is
requested, must submit a written
request to the Assistant Secretary for
Enforcement and Compliance, U.S.
Department of Commerce. All
documents must be filed electronically
using ACCESS. An electronically-filed
request must be received successfully in
its entirety by ACCESS by 5:00 p.m.
Eastern Standard Time, within 30 days
asabaliauskas on DSK5VPTVN1PROD with NOTICES
4 See,
e.g., Notice of Final Determination of Sales
at Less Than Fair Value: Carbazole Violet Pigment
23 From India, 69 FR 67306, 67307 (November 17,
2004); and Notice of Final Determination of Sales
at Less Than Fair Value and Negative Critical
Circumstances Determination: Bottom Mount
Combination Refrigerator-Freezers From the
Republic of Korea, 77 FR 17413 (March 26, 2012).
5 See Welded Line Pipe From the Republic of
Korea: Preliminary Negative Countervailing Duty
Determination and Alignment of Final
Determination with Final Antidumping Duty
Determination, 80 FR 14907 (March 20, 2015), and
accompanying Decision Memorandum.
6 See 19 CFR 351.309.
VerDate Sep<11>2014
18:19 May 21, 2015
Jkt 235001
after the date of publication of this
notice.7 Requests should contain the
party’s name, address, and telephone
number, the number of participants, and
a list of the issues to be discussed. If a
request for a hearing is made, the
Department intends to hold the hearing
at the U.S. Department of Commerce,
14th Street and Constitution Avenue
NW., Washington, DC 20230, at a time
and date to be determined. Parties
should confirm by telephone the date,
time, and location of the hearing two
days before the scheduled date.
Postponement of Final Determination
and Extension of Provisional Measures
Section 735(a)(2) of the Act provides
that a final determination may be
postponed until not later than 135 days
after the date of the publication of the
preliminary determination if, in the
event of an affirmative preliminary
determination, a request for such
postponement is made by exporters who
account for a significant proportion of
exports of the subject merchandise, or in
the event of a negative preliminary
determination, a request for such
postponement is made by the petitioner.
19 CFR 351.210(e)(2) requires that
requests by respondents for
postponement of a final antidumping
determination be accompanied by a
request for extension of provisional
measures from a four-month period to a
period not more than six months in
duration.
Certain of the petitioners 8 requested
that, in the event of a negative
preliminary determination, the
Department postpone its final
determination to 135 days after the date
of publication of the preliminary
determination.9 In addition, both
HYSCO and SeAH requested that, in the
event of an affirmative preliminary
determination in this investigation, the
Department postpone its final
determination and agreed to extend the
application of the provisional measures
prescribed under section 733(d) of the
Act and 19 CFR 351.210(e)(2), from a
four-month period to a period not to
exceed six months.10
7 See
19 CFR 351.310(c).
companies include American Cast Iron
Pipe Company, Energex Tube, a division of JMC
Steel Group, Northwest Pipe Company, Stupp
Corporation, a division of Stupp Bros., Inc., TexTube Company, TMK IPSCO, and Welspun Tubular
LLC USA (collectively, the petitioners).
9 See Letter from the petitioners, ‘‘Line Pipe From
Korea: Contingent Request for Postponement of
Final Determination,’’ dated April 23, 2015.
10 See Letter from HYSCO, ‘‘Welded Line Pipe
from Korea: Request to Postpone the Final
Determination,’’ dated May 7, 2015; and Letter from
SeAH, ‘‘Antidumping Investigation of Welded Line
Pipe from Korea-Request to Extend Deadline for
Final Determination,’’ dated May 8, 2015.
8 These
PO 00000
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Fmt 4703
Sfmt 4703
29621
In accordance with section
735(a)(2)(A) of the Act and 19 CFR
351.210(b)(2)(ii), because (1) our
preliminary determination is
affirmative; (2) the requesting exporters
account for a significant proportion of
exports of the subject merchandise; and
(3) no compelling reasons for denial
exist, we are postponing the final
determination and extending the
provisional measures from a four-month
period to a period not greater than six
months. Accordingly, we will make our
final determination no later than 135
days after the date of publication of this
preliminary determination, pursuant to
section 735(a)(2) of the Act.11
International Trade Commission (ITC)
Notification
In accordance with section 733(f) of
the Act, we have notified the ITC of our
affirmative preliminary determination of
sales at LTFV. If our final determination
is affirmative, the ITC will determine
before the later of 120 days after the date
of this preliminary determination or 45
days after our final determination
whether these imports are materially
injuring, or threaten material injury to,
the U.S. industry.
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: May 14, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix I—Scope of the Investigation
The merchandise covered by this
investigation 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 this
investigation.
The welded line pipe that is subject to this
investigation 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
11 See
E:\FR\FM\22MYN1.SGM
also 19 CFR 351.210(e).
22MYN1
29622
Federal Register / Vol. 80, No. 99 / Friday, May 22, 2015 / Notices
are provided for convenience and customs
purposes, the written description of the
scope of this investigation is dispositive.
Avenue NW., Washington, DC 20230;
telephone: (202) 482–3931 or (202) 482–
3362, respectively.
Appendix II—List of Topics Discussed
in the Preliminary Decision
Memorandum
SUPPLEMENTARY INFORMATION:
1. Summary
2. Background
3. Period of Investigation
4. Postponement of Final Determination and
Extension of Provisional Measures
5. Scope Comments
6. Discussion of Methodology
a. Determination of the Comparison
Method
b. Results of the Differential Pricing
Analysis
7. Date of Sale
8. Product Comparisons
9. Export Price and Constructed Export Price
10. Normal Value
a. Comparison Market Viability
b. Affiliated-Party Transactions and Arm’sLength Test
c. Level of Trade
d. Cost of Production (COP) Analysis
1. Calculation of COP
2. Test of Comparison Market Sales Prices
3. Results of the COP Test
e. Calculation of NV Based on Comparison
Market Prices
f. Calculation of NV Based on CV
11. Currency Conversion
12. Conclusion
[FR Doc. 2015–12523 Filed 5–21–15; 8:45 am]
International Trade Administration
[A–552–818]
Certain Steel Nails From the Socialist
Republic of Vietnam: Final
Determination of Sales at Less Than
Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) determines that
imports of certain steel nails from the
Socialist Republic of Vietnam (Vietnam)
are being, or are likely to be, sold in the
United States at less-than-fair value, as
provided in section 735 of the Tariff Act
of 1930, as amended (the Act). The final
weighted-average dumping margins of
sales at less than fair value are listed
below in the ‘‘Final Determination
Margins’’ section of this notice.
DATES: Effective date: May 22, 2015.
FOR FURTHER INFORMATION CONTACT:
Edythe Artman or Dena Crossland, AD/
CVD Operations, Office VI, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
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18:19 May 21, 2015
Jkt 235001
Period of Investigation
Scope of the Investigation
DEPARTMENT OF COMMERCE
VerDate Sep<11>2014
The Department published its
preliminary determination on December
29, 2014.1 On January 2, 2015, United
Nail Products Co., Ltd. (United Nail), a
mandatory respondent in this
investigation, filed a letter stating that it
had decided to withdraw from the
proceeding and would not be
participating in a verification of its
questionnaire responses. On January 7,
2015, the other mandatory respondent,
Region Industries Co., Ltd. (Region
Industries), filed a letter to the same
effect. On February 18, 2015, we
received a case brief from Petitioner,
Mid-Continent Steel & Wire, Inc. We did
not receive any rebuttal comments or
requests for a hearing from interested
parties. Based on the events that
transpired after the preliminary
determination and an analysis of the
comments received, the Department has
made changes to the Preliminary
Determination.
The period of investigation is October
1, 2013, through March 31, 2014.
BILLING CODE 3510–DS–P
AGENCY:
Background
The product covered by this
investigation is certain steel nails from
Vietnam. For a full description of the
scope of the investigation, see Appendix
I to this notice.
Since the Preliminary Determination,
several interested parties (i.e., IKEA
Supply AG, The Home Depot, Target
Corporation, and Petitioner) commented
on the scope of these investigations. The
Department reviewed these comments
and made certain changes. For further
discussion, see the Issue and Decision
Memorandum.2 The scope in Appendix
I reflects all modifications to the scope
1 See Certain Steel Nails From the Socialist
Republic of Vietnam: Preliminary Determination of
Sales at Less Than Fair Value and Postponement
of Final Determination and Extension of Provisional
Measures, 79 FR 78058 (December 29, 2014)
(Preliminary Determination) and the accompanying
Preliminary Decision Memorandum.
2 See Memorandum to Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, from Abdelali
Elouaradia, Acting Office Director, Office VI,
Antidumping and Countervailing Duty Operations,
regarding ‘‘Issue and Decision Memorandum for the
Final Determination of the Less-Than-Fair-Value
Investigation of Certain Steel Nails from the
Socialist Republic of Vietnam’’ (Issue and Decision
Memorandum), dated concurrently with this
determination and hereby adopted by this notice.
PO 00000
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Fmt 4703
Sfmt 4703
made by the Department for this final
determination.
Verification
In light of each mandatory
respondent’s decision to withdraw from
the investigation and not to participate
in a verification, we conducted no
verifications.
Analysis of Comments Received
Petitioner raised one issue in its case
brief, which is addressed in the Issue
and Decision Memorandum. A list of
the contents of this memorandum is
attached to this notice in Appendix II.
The Issue and Decision Memorandum is
a public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
Access to this system is available to
registered and guest users at https://
access.trade.gov and is available to all
parties in the Central Records Unit,
room 7046 of the main Department of
Commerce building. In addition, a
complete version of the Issue and
Decision Memorandum can be accessed
directly on the Internet at https://
www.trade.gov/enforcement/frn/
index.html. The signed and electronic
versions of the Issue and Decision
Memorandum are identical in content.
Changes Since the Preliminary
Determination
Based on consideration of the events
that transpired after the preliminary
determination and our analysis of the
comments received, we find that Region
Industries and United Nail are not
separate from the Vietnam-wide entity
and that the estimated dumping margin
for the entity should be based on the
adverse facts available on the record,
pursuant to sections 776(a)(2)(A), (C)
and (D) and section 776(b) of the Act.
This rate, derived from the Petition,3
was corroborated upon examination of
the documentation supporting the
Petition. For more details, see the
accompanying Issue and Decision
Memorandum and company-specific
analysis memoranda for the final
determination.
Separate Rate
Kosteel Vina Limited Company
(Kosteel Vina) established its eligibility
for a separate rate.4 The Act and
3 See Petitions for the Imposition of Antidumping
and Countervailing Duties: Certain Steel Nails from
India, the Republic of Korea, Malaysia, the
Sultanate of Oman, Taiwan, the Republic of Turkey,
and the Socialist Republic of Vietnam, dated May
29, 2014 (Petition).
4 See the Preliminary Decision Memorandum at 7
and 8.
E:\FR\FM\22MYN1.SGM
22MYN1
]]>Agencies
[Federal Register Volume 80, Number 99 (Friday, May 22, 2015)]
[Notices]
[Pages 29620-29622]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-12523]
[[Page 29620]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-876]
Welded Line Pipe From the Republic of Korea: Preliminary
Determination of Sales at Less Than Fair Value and Postponement of
Final Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Department) preliminarily
determines that welded line pipe from the Republic of Korea (Korea) 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). The period of investigation (POI) is October 1,
2013, through September 30, 2014. The estimated weighted-average
dumping margins of sales at LTFV are shown in the ``Preliminary
Determination'' section of this notice. Interested parties are invited
to comment on this preliminary determination.
DATES: Effective date: May 22, 2015.
FOR FURTHER INFORMATION CONTACT: David Goldberger or Katherine Johnson,
AD/CVD Operations, Office II, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
4136 or (202) 482-4929, respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department initiated this investigation on November 5, 2014.
For a complete description of the events that followed the initiation
of this investigation, see the memorandum that is dated concurrently
with this determination and hereby adopted by this notice.\1\ The
Preliminary Decision Memorandum is a public document and is on file
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov,
and to all parties in the Central Records Unit, room 7046 of the main
Department of Commerce building. In addition, a complete version of the
Preliminary Decision Memorandum can be found at https://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum
and the electronic version of the Preliminary Decision Memorandum are
identical in content.
---------------------------------------------------------------------------
\1\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Paul Piquado, Assistant Secretary for Enforcement and Compliance,
``Decision Memorandum for the Preliminary Determination in the
Antidumping Duty Investigation of Welded Line Pipe from the Republic
of Korea,'' (Preliminary Decision Memorandum), dated concurrently
with this notice.
---------------------------------------------------------------------------
Scope of the Investigation
The scope of the investigation covers welded line pipe, which is
carbon and alloy steel pipe of a kind used for oil and gas pipelines,
not more than 24 inches in nominal outside diameter. For a complete
description of the scope of the investigation, see Appendix I.
Scope Comments
Certain interested parties commented on the scope of the
investigation as it appeared in the Initiation Notice.\2\ For
discussion of those comments, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\2\ See Welded Line Pipe from the Republic of Korea and the
Republic of Turkey: Initiation of Less-Than-Fair-Value
Investigations, 79 FR 68213 (November 14, 2014) (Initiation Notice).
---------------------------------------------------------------------------
Methodology
The Department is conducting this investigation in accordance with
section 731 of the Act. There are two respondents participating in this
investigation, Hyundai HYSCO (HYSCO) and SeAH Steel Corporation (SeAH).
Export price (EP) and constructed export price (CEP) are calculated in
accordance with section 772 of the Act. Normal value (NV) is calculated
in accordance with section 773 of the Act. For a full description of
the methodology underlying our preliminary conclusions, see the
Preliminary Decision Memorandum.
All-Others Rate
Consistent with sections 733(d)(1)(A)(ii) and 735(c)(5) of the Act,
the Department also calculated an estimated all-others rate. Section
735(c)(5)(B) of the Act provides that the estimated all-others rate
shall be an amount equal to the weighted average of the estimated
weighted-average dumping margins established for exporters and
producers individually investigated, excluding any zero and de minimis
margins, and any margins determined entirely under section 776 of the
Act.
In this investigation, we calculated weighted-average dumping
margins for both mandatory respondents that are above de minimis and
which are not based on total facts available. However, because there
are only two relevant weighted-average dumping margins for these
preliminary results, using a weighted-average of these two rates risks
disclosure of business proprietary data. Therefore, the Department
assigned a margin to the all-others rate companies based on the simple
average of the two mandatory respondents' rates.\3\
---------------------------------------------------------------------------
\3\ With two respondents, we would normally calculate (A) a
weighted-average of the dumping margins calculated for the mandatory
respondents; (B) a simple average of the dumping margins calculated
for the mandatory respondents; and (C) a weighted-average of the
dumping margins calculated for the mandatory respondents using each
company's publicly-ranged values for the merchandise under
consideration. We would compare (B) and (C) to (A) and select the
rate closest to (A) as the most appropriate rate for all other
companies. See Ball Bearings and Parts Thereof From France, Germany,
Italy, Japan, and the United Kingdom: Final Results of Antidumping
Duty Administrative Reviews, Final Results of Changed-Circumstances
Review, and Revocation of an Order in Part, 75 FR 53661, 53663
(September 1, 2010). In this case, however, we do not have complete
publicly ranged quantities for SeAH on the record to properly
conduct this comparison. Therefore, we are using a simple-average of
the dumping margins calculated for the mandatory respondents as the
all-other's rate for this preliminary determination, and we intend
to ask SeAH to provide a complete publicly ranged summary of its
U.S. sales quantities for consideration in the final determination.
---------------------------------------------------------------------------
Preliminary Determination
The Department preliminarily determines that the following
weighted-average dumping margins exist:
------------------------------------------------------------------------
Weighted-
average
Exporter/manufacturer dumping
margin
(percent)
------------------------------------------------------------------------
Hyundai HYSCO............................................... 2.52
SeAH Steel Corporation...................................... 2.67
All Others.................................................. 2.60
------------------------------------------------------------------------
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 welded line pipe from Korea, as described in the scope of
the investigation section of this notice, which are entered, or
withdrawn from warehouse, for consumption on or after the date of
publication of this notice in the Federal Register.
In accordance with 19 CFR 351.205(d), we will instruct CBP to
require a cash deposit equal to the weighted-average amount by which
the NV exceeds the U.S. price, as indicated in the chart above. Our
longstanding practice, where the product under investigation is also
subject to a concurrent countervailing duty investigation, is to
subtract the amount of countervailing duty determined to constitute an
export subsidy from the amount by which NV exceeds U.S.
[[Page 29621]]
price.\4\ In this case, although the product under investigation is
also subject to a countervailing duty investigation, the Department
preliminarily found no countervailing duty determined to constitute an
export subsidy.\5\ Therefore, we have not offset the cash deposit rates
shown above for purposes of this preliminary determination.
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\4\ See, e.g., Notice of Final Determination of Sales at Less
Than Fair Value: Carbazole Violet Pigment 23 From India, 69 FR
67306, 67307 (November 17, 2004); and Notice of Final Determination
of Sales at Less Than Fair Value and Negative Critical Circumstances
Determination: Bottom Mount Combination Refrigerator-Freezers From
the Republic of Korea, 77 FR 17413 (March 26, 2012).
\5\ See Welded Line Pipe From the Republic of Korea: Preliminary
Negative Countervailing Duty Determination and Alignment of Final
Determination with Final Antidumping Duty Determination, 80 FR 14907
(March 20, 2015), and accompanying Decision Memorandum.
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Disclosure
We will disclose the calculations performed to interested parties
in this proceeding within five days of the date of publication of this
notice in accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i) of the Act, we intend to verify
information relied upon in making our final determination.
Public Comment
Interested parties are invited to comment on this preliminary
determination. Case briefs or other written comments may be submitted
to the Assistant Secretary for Enforcement and Compliance no later than
seven days after the date on which the final verification report is
issued in this proceeding, and rebuttal briefs, limited to issues
raised in case briefs, may be submitted no later than five days after
the deadline date for case briefs.\6\ Pursuant to 19 CFR 351.309(c)(2)
and (d)(2), parties who submit case briefs or rebuttal briefs in this
proceeding are encouraged to submit with each argument: (1) A statement
of the issue; (2) a brief summary of the argument; and (3) a table of
authorities.
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\6\ See 19 CFR 351.309.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, or to participate if one is requested, must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, U.S. Department of Commerce. All documents must be filed
electronically using ACCESS. An electronically-filed request must be
received successfully in its entirety by ACCESS by 5:00 p.m. Eastern
Standard Time, within 30 days after the date of publication of this
notice.\7\ Requests should contain the party's name, address, and
telephone number, the number of participants, and a list of the issues
to be discussed. If a request for a hearing is made, the Department
intends to hold the hearing at the U.S. Department of Commerce, 14th
Street and Constitution Avenue NW., Washington, DC 20230, at a time and
date to be determined. Parties should confirm by telephone the date,
time, and location of the hearing two days before the scheduled date.
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\7\ See 19 CFR 351.310(c).
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Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of an
affirmative preliminary determination, a request for such postponement
is made by exporters who account for a significant proportion of
exports of the subject merchandise, or in the event of a negative
preliminary determination, a request for such postponement is made by
the petitioner. 19 CFR 351.210(e)(2) requires that requests by
respondents for postponement of a final antidumping determination be
accompanied by a request for extension of provisional measures from a
four-month period to a period not more than six months in duration.
Certain of the petitioners \8\ requested that, in the event of a
negative preliminary determination, the Department postpone its final
determination to 135 days after the date of publication of the
preliminary determination.\9\ In addition, both HYSCO and SeAH
requested that, in the event of an affirmative preliminary
determination in this investigation, the Department postpone its final
determination and agreed to extend the application of the provisional
measures prescribed under section 733(d) of the Act and 19 CFR
351.210(e)(2), from a four-month period to a period not to exceed six
months.\10\
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\8\ These companies include American Cast Iron Pipe Company,
Energex Tube, a division of JMC Steel Group, Northwest Pipe Company,
Stupp Corporation, a division of Stupp Bros., Inc., Tex-Tube
Company, TMK IPSCO, and Welspun Tubular LLC USA (collectively, the
petitioners).
\9\ See Letter from the petitioners, ``Line Pipe From Korea:
Contingent Request for Postponement of Final Determination,'' dated
April 23, 2015.
\10\ See Letter from HYSCO, ``Welded Line Pipe from Korea:
Request to Postpone the Final Determination,'' dated May 7, 2015;
and Letter from SeAH, ``Antidumping Investigation of Welded Line
Pipe from Korea-Request to Extend Deadline for Final
Determination,'' dated May 8, 2015.
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In accordance with section 735(a)(2)(A) of the Act and 19 CFR
351.210(b)(2)(ii), because (1) our preliminary determination is
affirmative; (2) the requesting exporters account for a significant
proportion of exports of the subject merchandise; and (3) no compelling
reasons for denial exist, we are postponing the final determination and
extending the provisional measures from a four-month period to a period
not greater than six months. Accordingly, we will make our final
determination no later than 135 days after the date of publication of
this preliminary determination, pursuant to section 735(a)(2) of the
Act.\11\
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\11\ See also 19 CFR 351.210(e).
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International Trade Commission (ITC) Notification
In accordance with section 733(f) of the Act, we have notified the
ITC of our affirmative preliminary determination of sales at LTFV. If
our final determination is affirmative, the ITC will determine before
the later of 120 days after the date of this preliminary determination
or 45 days after our final determination whether these imports are
materially injuring, or threaten material injury to, the U.S. industry.
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: May 14, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I--Scope of the Investigation
The merchandise covered by this investigation 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 this
investigation.
The welded line pipe that is subject to this investigation 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
[[Page 29622]]
are provided for convenience and customs purposes, the written
description of the scope of this investigation is dispositive.
Appendix II--List of Topics Discussed in the Preliminary Decision
Memorandum
1. Summary
2. Background
3. Period of Investigation
4. Postponement of Final Determination and Extension of Provisional
Measures
5. Scope Comments
6. Discussion of Methodology
a. Determination of the Comparison Method
b. Results of the Differential Pricing Analysis
7. Date of Sale
8. Product Comparisons
9. Export Price and Constructed Export Price
10. Normal Value
a. Comparison Market Viability
b. Affiliated-Party Transactions and Arm's-Length Test
c. Level of Trade
d. Cost of Production (COP) Analysis
1. Calculation of COP
2. Test of Comparison Market Sales Prices
3. Results of the COP Test
e. Calculation of NV Based on Comparison Market Prices
f. Calculation of NV Based on CV
11. Currency Conversion
12. Conclusion
[FR Doc. 2015-12523 Filed 5-21-15; 8:45 am]
BILLING CODE 3510-DS-P
