Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From the Republic of Turkey: Initiation of Countervailing Duty Investigation, 49207-49210 [2015-20270]

Download as PDF Federal Register / Vol. 80, No. 158 / Monday, August 17, 2015 / Notices • 2.50 percent of manganese, or • 3.30 percent of silicon, or • 1.50 percent of copper, or • 1.50 percent of aluminum, or • 1.25 percent of chromium, or • 0.30 percent of cobalt, or • 0.40 percent of lead, or • 2.0 percent of nickel, or • 0.30 percent of tungsten, or • 0.80 percent of molybdenum, or • 0.10 percent of niobium (also called columbium), or • 0.30 percent of vanadium, or • 0.30 percent of zirconium. The subject merchandise is currently provided for in item 7306.61.1000 of the Harmonized Tariff Schedule of the United States (HTSUS). Subject merchandise may also enter under HTSUS 7306.61.3000. While the HTSUS subheadings and ASTM specification are provided for convenience and customs purposes, the written description of the scope of these investigations is dispositive. [FR Doc. 2015–20271 Filed 8–14–15; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–489–825] Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From the Republic of Turkey: Initiation of Countervailing Duty Investigation Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Effective Date: August 17, 2015. FOR FURTHER INFORMATION CONTACT: Rebecca Trainor at (202) 482–4007 or Reza Karamloo at (202) 482–4470, AD/ CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: mstockstill on DSK4VPTVN1PROD with NOTICES AGENCY: The Petitions On July 21, 2015, the Department of Commerce (the Department) received a countervailing duty (CVD) petition concerning imports of heavy walled rectangular welded carbon steel pipes and tubes (HRW pipes and tubes) from the Republic of Turkey (Turkey), filed in proper form, on behalf of Atlas Tube, a division of JMC Steel Group, Bull Moose Tube Company, EXLTUBE, Hannibal Industries, Inc., Independence Tube Corporation, Maruichi American Corporation, Searing Industries, Southland Tube, and Vest, Inc. (collectively, the petitioners).1 The CVD 1 See Petitions for the Imposition of Antidumping and Countervailing Duties: Heavy Walled VerDate Sep<11>2014 16:57 Aug 14, 2015 Jkt 235001 Petition was accompanied by antidumping duty (AD) petitions with respect to Turkey, the Republic of Korea (Korea), and Mexico. The petitioners are domestic producers of HWR pipes and tubes.2 On July 23, 2015, the Department requested information and clarification for certain areas of the Petition.3 The petitioners filed responses to these requests on July 27, 2015.4 In accordance with section 702(b)(1) of the Tariff Act of 1930, as amended (the Act), the petitioners allege that the Government of Turkey (GOT) is providing countervailable subsidies (within the meaning of sections 701 and 771(5) of the Act) to imports of HWR pipes and tubes from Turkey, and that such imports are materially injuring, or threatening material injury to, an industry in the United States. Also, consistent with section 702(b)(1) of the Act, the Petition is accompanied by information reasonably available to the petitioners supporting their allegations. The Department finds that the petitioners filed the Petition 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 CVD investigation that the petitioners are requesting.5 Period of Investigation The period of the investigation is January 1, 2014, through December 31, 2014.6 Rectangular Welded Carbon Steel Pipes and Tubes, dated July 21, 2015, at Volume V (CVD Petition or Petition). 2 See Volume I of the Petitions, at 1. 3 See Letter from the Department to the petitioners, ‘‘Petitions for the Imposition of Antidumping Duties on Imports of Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from the Republic of Korea, Mexico, and the Republic of Turkey and Countervailing Duties on Imports of Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from the Republic of Turkey: Supplemental Questions,’’ (July 23, 2015) (General Issues Supplemental Questionnaire), and Letter from the Department to the petitioners ‘‘Petition for the Imposition of Countervailing Duties on Imports of Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from the Republic of Turkey: Supplemental Question,’’ (July 23, 2015) (CVD Supplemental Questionnaire). 4 See ‘‘Responses To Supplemental Questions Regarding The Petitions for the Imposition of Antidumping and Countervailing Duties: Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes,’’ (July 27, 2015), (General Issues Supplement), and ‘‘Response To Supplemental Question Regarding The Petition Against Turkey for the Imposition of Countervailing Duties: Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes,’’ (July 27, 2015) (CVD Supplement). 5 See the ‘‘Determination of Industry Support for the Petitions’’ section below. 6 19 CFR 351.204(b)(2). PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 49207 Scope of the Investigation The product covered by this investigation is HWR pipes and tubes from Turkey. For a full description of the scope of this investigation, see the ‘‘Scope of the Investigations’’ in Appendix I of this notice. Comments on Scope of the Investigations During our review of the Petition, the Department issued questions to, and received responses from, the petitioners pertaining to the proposed scope to ensure that the scope language in the Petition would be an accurate reflection of the products for which the domestic industry is seeking relief.7 As discussed in the preamble to the Department’s regulations,8 we are setting aside a period for interested parties to raise issues regarding product coverage (scope). The Department will consider all comments received from parties and, if necessary, will consult with parties prior to the issuance of the preliminary determination. If scope comments include factual information (see 19 CFR 351.102(b)(21)), all such factual information should be limited to public information. In order to facilitate preparation of its questionnaires, the Department requests all interested parties to submit such comments by 5:00 p.m. Eastern Time (ET) on August 31, 2015, which is the first business day after 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. ET on September 10, 2015, which is 10 calendar days after the initial comments deadline. The Department requests that any factual information the parties consider 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 Turkey AD and CVD investigations, as well as the concurrent Korea and Mexico AD investigations. Filing Requirements Submissions to the Department normally must be filed electronically using Enforcement and Compliance’s Antidumping and Countervailing Duty 7 See General Issues Supplemental Questionnaire; see also General Issues Supplement. 8 See Antidumping Duties; Countervailing Duties; Final rule, 62 FR 27296, 27323 (May 19, 1997). E:\FR\FM\17AUN1.SGM 17AUN1 49208 Federal Register / Vol. 80, No. 158 / Monday, August 17, 2015 / Notices Centralized Electronic Service System (ACCESS).9 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 18022, 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. Consultations Pursuant to section 702(b)(4)(A)(i) of the Act, the Department notified representatives of the GOT of the receipt of the Petition. Also, in accordance with section 702(b)(4)(A)(ii) of the Act, the Department provided representatives of the GOT the opportunity for consultations with respect to the Petition.10 Consultations were held with the GOT on August 6, 2015.11 The memorandum regarding these consultations is on file electronically via ACCESS.12 mstockstill on DSK4VPTVN1PROD with NOTICES Determination of Industry Support for the Petition Section 702(b)(1) of the Act requires that a petition be filed on behalf of the domestic industry. Section 702(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 702(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, 9 See 19 CFR 351.303 (for general filing requirements); 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 ACCESS can be found at https://access.trade.gov/ help.aspx and a handbook can be found at https:// access.trade.gov/help/Handbook% 20on%20Electronic%20Filling%20Procedures.pdf. 10 See Letter of invitation from the Department to the GOT, dated July 27, 2015. 11 See Memorandum to the File, ‘‘Consultations with Officials from the Government of the Republic of Turkey Regarding the Countervailing Duty Petition Concerning Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes,’’ dated August 6, 2015. 12 See supra note 9 for information pertaining to ACCESS. VerDate Sep<11>2014 16:57 Aug 14, 2015 Jkt 235001 the Department shall: (i) Poll the industry or rely on other information in order to determine if there is support for the Petition, as required by subparagraph (A); or (ii) determine industry support using a statistically valid sampling method to poll the ‘‘industry.’’ Section 771(4)(A) of the Act defines the ‘‘industry’’ as the producers as a whole of a domestic like product. Thus, to determine whether a petition has the requisite industry support, the statute directs the Department to look to producers and workers who produce the domestic like product. The International Trade Commission (ITC), which is responsible for determining whether ‘‘the domestic industry’’ has been injured, must also determine what constitutes a domestic like product in order to define the industry. While both the Department and the ITC must apply the same statutory definition regarding the domestic like product,13 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.14 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 investigation. Based on our analysis of the information submitted on the record, we have determined that HWR pipes and tubes, as defined in the scope of the investigation, constitute a single domestic like product and we have analyzed industry support in terms of that domestic like product.15 13 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)). 15 For a discussion of the domestic like product analysis in this case, see Countervailing Duty Investigation Initiation Checklist: Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from the Republic of Turkey (Turkey CVD Initiation Checklist), at Attachment II, Analysis of Industry Support for the Antidumping and Countervailing 14 See PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 In determining whether the petitioners have standing under section 702(c)(4)(A) of the Act, we considered the industry support data contained in the Petition with reference to the domestic like product as defined in the ‘‘Scope of the Investigation,’’ in Appendix I of this notice. To establish industry support, the petitioners provided their own shipments of the domestic like product in 2014 and compared their shipments to estimated total shipments of the domestic like product for the entire domestic industry.16 Because data regarding total production of the domestic like product are not reasonably available to the petitioners and the petitioners have established that shipments are a reasonable proxy for production,17 we have relied on the shipment data provided by the petitioners for purposes of measuring industry support.18 Our review of the data provided in the Petition, General Issues Supplement, and other information readily available to the Department indicates that the petitioners have established industry support for the Petition.19 First, the Petition established support from domestic producers (or workers) accounting for more than 50 percent of the total shipments 20 of the domestic like product and, as such, the Department is not required to take further action in order to evaluate industry support (e.g., polling).21 Second, the domestic producers (or workers) have met the statutory criteria for industry support under section 702(c)(4)(A)(i) of the Act for the Petition because the domestic producers (or workers) who support the Petition account for at least 25 percent of the total shipments of the domestic like Duty Petitions Covering Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from the Republic of Korea, Mexico, and the Republic of Turkey (Attachment II). This checklist is dated concurrently with this notice and on file electronically via ACCESS. Access to documents filed via ACCESS is also available in the Central Records Unit, Room B8024 of the main Department of Commerce building. 16 See Volume I of the Petition, at 3–4 and Exhibits I–1 and I–2; see also General Issues Supplement, at 4–5 and Exhibit I–10. 17 See Volume I of the Petition, at 3–4; see also General Issues Supplement, at 4. 18 For further discussion, see Turkey CVD Initiation Checklist, at Attachment II. 19 See Turkey CVD Initiation Checklist, at Attachment II. 20 As mentioned above, the petitioners have established that shipments are a reasonable proxy for production data. Section 351.203(e)(1) of the Department’s regulations states ‘‘production levels may be established by reference to alternative data that the Secretary determines to be indicative of production levels.’’ 21 See section 702(c)(4)(D) of the Act; see also Turkey CVD Initiation Checklist, at Attachment II. E:\FR\FM\17AUN1.SGM 17AUN1 Federal Register / Vol. 80, No. 158 / Monday, August 17, 2015 / Notices product.22 Finally, the domestic producers (or workers) have met the statutory criteria for industry support under section 702(c)(4)(A)(ii) of the Act for the Petition because the domestic producers (or workers) who support the Petition account for more than 50 percent of the shipments of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the Petition.23 Accordingly, the Department determines that the Petition was filed on behalf of the domestic industry within the meaning of section 702(b)(1) of the Act. The Department finds that the petitioners filed the Petition 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 CVD investigation that they are requesting the Department initiate.24 Injury Test Because Turkey is a ‘‘Subsidies Agreement Country’’ within the meaning of section 701(b) of the Act, section 701(a)(2) of the Act applies to this investigation. Accordingly, the ITC must determine whether imports of the subject merchandise from Turkey materially injure, or threaten material injury to, a U.S. industry. mstockstill on DSK4VPTVN1PROD with NOTICES Allegations and Evidence of Material Injury and Causation The petitioners allege that imports of the subject merchandise are benefitting from countervailable subsidies and that such imports are causing, or threaten to cause, material injury to the U.S. industry producing the domestic like product. The petitioners allege that subject imports exceed the negligibility threshold of three percent provided for under section 771(24)(A) of the Act.25 The petitioners contend that the industry’s injured condition is illustrated by reduced market share; underselling and price suppression or depression; lost sales and revenues; increased inventories and inventory overhang in the U.S. market; and decline in profitability.26 We have assessed the allegations and supporting evidence regarding material injury, threat of material injury, and causation, and we have determined that these allegations are properly supported by adequate evidence and meet the statutory requirements for initiation.27 Initiation of Countervailing Duty Investigations Section 702(b)(1) of the Act requires the Department to initiate a CVD investigation whenever an interested party files a CVD Petition on behalf of an industry that: (1) Alleges the elements necessary for an imposition of a duty under section 701(a) of the Act; and (2) is accompanied by information reasonably available to the petitioner supporting the allegations. The petitioners allege that producers/ exporters of HWR pipes and tubes in Turkey benefited from countervailable subsidies bestowed by the government. The Department has examined the Petition and finds that it complies with the requirements of section 702(b)(1) of the Act. Therefore, in accordance with section 702(b)(1) of the Act, we are initiating a CVD investigation to determine whether manufacturers, producers, or exporters of HWR pipes and tubes from Turkey receive countervailable subsidies from the government. Based on our review of the Petition, we find that there is sufficient information to initiate a CVD investigation on each of the alleged programs. For a full discussion of the basis for our decision to initiate on each program, see CVD Initiation Checklist. A public version of the initiation checklist for this investigation is available on ACCESS. In accordance with section 703(b)(1) of the Act and 19 CFR 351.205(b)(1), unless postponed, we will make our preliminary determinations no later than 65 days after the date of this initiation. Respondent Selection The petitioners named 14 companies as producers/exporters of heavy walled rectangular welded carbon steel pipes and tubes from Turkey.28 Following standard practice in CVD investigations, the Department will, where appropriate, select respondents based on U.S. Customs and Border Protection (CBP) data for U.S. imports of HWR pipes and tubes during the period of investigation under Harmonized Tariff Schedule of 22 Id. 23 Id. 24 Id. 25 See General Issues Supplement, at 5 and Exhibit I–13. 26 See Volume I of the Petition, at 9–10, 12–27 and Exhibits I–1, I–5, I–7 and I–8; see also General Issues Supplement, at 1, 5 and Exhibits I–12 and I–13. VerDate Sep<11>2014 16:57 Aug 14, 2015 Jkt 235001 27 See Turkey CVD Initiation Checklist at Attachment III, Analysis of Allegations and Evidence of Material Injury and Causation for the Antidumping and Countervailing Duty Petitions Covering Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from the Republic of Korea, Mexico, and the Republic of Turkey. 28 See Volume I of the Petitions, at Exhibit I–4. PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 49209 the United States (HTSUS) number 7306.61.1000.29 We intend to release CBP data under Administrative Protective Order (APO) to all parties with access to information protected by APO within five days of publication of this Federal Register notice. The Department invites comments regarding respondent selection within seven days of publication of this Federal Register notice. Comments must be filed electronically using ACCESS. An electronically-filed document must be received successfully in its entirety by ACCESS, by 5 p.m. ET by the date noted above. We intend to make our decision regarding respondent selection within 20 days of publication of this 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 http://enforcement.trade.gov/apo. Distribution of Copies of the Petition In accordance with section 702(b)(4)(A)(i) of the Act and 19 CFR 351.202(f), a copy of the public version of the Petition has been provided to the GOT via ACCESS. To the extent practicable, we will attempt to provide a copy of the public version of the Petition to each known exporter (as named in the Petition), consistent with 19 CFR 351.203(c)(2). ITC Notification We will notify the ITC of our initiation, as required by section 702(d) of the Act. Preliminary Determination by the ITC Within 45 days after the date on which the Petition was filed, the ITC will preliminarily determine whether there is a reasonable indication that imports of HWR pipes and tubes from Turkey are materially injuring, or threatening material injury to, a U.S. industry.30 A negative ITC determination will result in the investigation being terminated; 31 otherwise, this investigation will proceed according to statutory and regulatory time limits. Submission of Factual Information Factual information is defined in 19 CFR 351.102(b)(21) as: (i) Evidence submitted in response to questionnaires; 29 While the scope also references HTSUS number 7306.61.3000, we note that this HTSUS number includes non-subject merchandise. Therefore, we do not intend to use data for this HTSUS number for purposes of respondent selection. 30 See section 703(a) of the Act. 31 Id. E:\FR\FM\17AUN1.SGM 17AUN1 49210 Federal Register / Vol. 80, No. 158 / Monday, August 17, 2015 / Notices (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 regulation 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. Time limits for the submission of factual information are addressed in 19 CFR 351.301, which provides specific time limits based on the type of factual information being submitted. Parties should review the regulations prior to submitting factual information in this investigation. mstockstill on DSK4VPTVN1PROD with NOTICES Extension of Time Limits Regulation Parties may request an extension of time limits before the expiration of a time limit established under 19 CFR 351.301, 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 19 CFR 351.301 expires. For submissions that 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. Under certain circumstances, we 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, we 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. An extension request must be made in a separate, stand-alone submission; under limited circumstances we will grant untimelyfiled requests for the extension of time limits. Review Extension of Time Limits; Final Rule, 78 FR 57790 (September 20, 2013), available at http://www.gpo.gov/ fdsys/pkg/FR-2013-09-20/html/201322853.htm, prior to submitting factual information in this investigation. Certification Requirements Any party submitting factual information in an AD or CVD proceeding must certify to the accuracy VerDate Sep<11>2014 16:57 Aug 14, 2015 Jkt 235001 and completeness of that information.32 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.33 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 this investigation should ensure that they meet the requirements of these procedures (e.g., the filing of letters of appearance as discussed at 19 CFR 351.103(d)). This notice is issued and published pursuant to sections 702 and 777(i) of the Act. Dated: August 10, 2015. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation The products covered by this investigation are certain heavy walled rectangular welded steel pipes and tubes of rectangular (including square) cross section, having a nominal wall thickness of not less than 4 mm. The merchandise includes, but is not limited to, the American Society for Testing and Materials (ASTM) A–500, grade B specifications, or comparable domestic or foreign specifications. Included products are those in which: (1) Iron predominates, by weight, over each of the other contained elements; (2) the carbon content is 2 percent or less, by weight; and (3) none of the elements below exceeds the quantity, by weight, respectively indicated: • 2.50 percent of manganese, or • 3.30 percent of silicon, or • 1.50 percent of copper, or • 1.50 percent of aluminum, or 32 See 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 http://enforcement.trade.gov/tlei/notices/factual_ info_final_rule_FAQ_07172013.pdf. 33 See PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 • 1.25 percent of chromium, or • 0.30 percent of cobalt, or • 0.40 percent of lead, or • 2.0 percent of nickel, or • 0.30 percent of tungsten, or • 0.80 percent of molybdenum, or • 0.10 percent of niobium (also called columbium), or • 0.30 percent of vanadium, or • 0.30 percent of zirconium. The subject merchandise is currently provided for in item 7306.61.1000 of the Harmonized Tariff Schedule of the United States (HTSUS). Subject merchandise may also enter under HTSUS 7306.61.3000. While the HTSUS subheadings and ASTM specification are provided for convenience and customs purposes, the written description of the scope of this investigation is dispositive. [FR Doc. 2015–20270 Filed 8–14–15; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XC554 Marine Mammals; File No. 17952 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; receipt of application for permit amendment. AGENCY: Notice is hereby given that Daniel P. Costa, Ph.D., Department of Biology and Institute of Marine Sciences, University of California, Santa Cruz, CA 95064, has applied for an amendment to Scientific Research Permit No. 17952–01. DATES: Written, telefaxed, or email comments must be received on or before September 16, 2015. ADDRESSES: The application and related documents are available for review by selecting ‘‘Records Open for Public Comment’’ from the ‘‘Features’’ box on the Applications and Permits for Protected Species home page, https:// apps.nmfs.noaa.gov, and then selecting File No. 17952 from the list of available applications. These documents are also available upon written request or by appointment in the Permits and Conservation Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; phone (301) 427–8401; fax (301) 713–0376. Written comments on this application should be submitted to the Chief, Permits and Conservation Division, at the address listed above. Comments may also be submitted by facsimile to (301) SUMMARY: E:\FR\FM\17AUN1.SGM 17AUN1

Agencies

[Federal Register Volume 80, Number 158 (Monday, August 17, 2015)]
[Notices]
[Pages 49207-49210]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20270]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-489-825]


Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From 
the Republic of Turkey: Initiation of Countervailing Duty Investigation

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

DATES: Effective Date: August 17, 2015.

FOR FURTHER INFORMATION CONTACT: Rebecca Trainor at (202) 482-4007 or 
Reza Karamloo at (202) 482-4470, AD/CVD Operations, Enforcement and 
Compliance, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue NW., Washington, DC 
20230.

SUPPLEMENTARY INFORMATION: 

The Petitions

    On July 21, 2015, the Department of Commerce (the Department) 
received a countervailing duty (CVD) petition concerning imports of 
heavy walled rectangular welded carbon steel pipes and tubes (HRW pipes 
and tubes) from the Republic of Turkey (Turkey), filed in proper form, 
on behalf of Atlas Tube, a division of JMC Steel Group, Bull Moose Tube 
Company, EXLTUBE, Hannibal Industries, Inc., Independence Tube 
Corporation, Maruichi American Corporation, Searing Industries, 
Southland Tube, and Vest, Inc. (collectively, the petitioners).\1\ The 
CVD Petition was accompanied by antidumping duty (AD) petitions with 
respect to Turkey, the Republic of Korea (Korea), and Mexico. The 
petitioners are domestic producers of HWR pipes and tubes.\2\
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    \1\ See Petitions for the Imposition of Antidumping and 
Countervailing Duties: Heavy Walled Rectangular Welded Carbon Steel 
Pipes and Tubes, dated July 21, 2015, at Volume V (CVD Petition or 
Petition).
    \2\ See Volume I of the Petitions, at 1.
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    On July 23, 2015, the Department requested information and 
clarification for certain areas of the Petition.\3\ The petitioners 
filed responses to these requests on July 27, 2015.\4\
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    \3\ See Letter from the Department to the petitioners, 
``Petitions for the Imposition of Antidumping Duties on Imports of 
Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from 
the Republic of Korea, Mexico, and the Republic of Turkey and 
Countervailing Duties on Imports of Heavy Walled Rectangular Welded 
Carbon Steel Pipes and Tubes from the Republic of Turkey: 
Supplemental Questions,'' (July 23, 2015) (General Issues 
Supplemental Questionnaire), and Letter from the Department to the 
petitioners ``Petition for the Imposition of Countervailing Duties 
on Imports of Heavy Walled Rectangular Welded Carbon Steel Pipes and 
Tubes from the Republic of Turkey: Supplemental Question,'' (July 
23, 2015) (CVD Supplemental Questionnaire).
    \4\ See ``Responses To Supplemental Questions Regarding The 
Petitions for the Imposition of Antidumping and Countervailing 
Duties: Heavy Walled Rectangular Welded Carbon Steel Pipes and 
Tubes,'' (July 27, 2015), (General Issues Supplement), and 
``Response To Supplemental Question Regarding The Petition Against 
Turkey for the Imposition of Countervailing Duties: Heavy Walled 
Rectangular Welded Carbon Steel Pipes and Tubes,'' (July 27, 2015) 
(CVD Supplement).
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    In accordance with section 702(b)(1) of the Tariff Act of 1930, as 
amended (the Act), the petitioners allege that the Government of Turkey 
(GOT) is providing countervailable subsidies (within the meaning of 
sections 701 and 771(5) of the Act) to imports of HWR pipes and tubes 
from Turkey, and that such imports are materially injuring, or 
threatening material injury to, an industry in the United States. Also, 
consistent with section 702(b)(1) of the Act, the Petition is 
accompanied by information reasonably available to the petitioners 
supporting their allegations.
    The Department finds that the petitioners filed the Petition 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 CVD investigation that the 
petitioners are requesting.\5\
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    \5\ See the ``Determination of Industry Support for the 
Petitions'' section below.
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Period of Investigation

    The period of the investigation is January 1, 2014, through 
December 31, 2014.\6\
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    \6\ 19 CFR 351.204(b)(2).
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Scope of the Investigation

    The product covered by this investigation is HWR pipes and tubes 
from Turkey. For a full description of the scope of this investigation, 
see the ``Scope of the Investigations'' in Appendix I of this notice.

Comments on Scope of the Investigations

    During our review of the Petition, the Department issued questions 
to, and received responses from, the petitioners pertaining to the 
proposed scope to ensure that the scope language in the Petition would 
be an accurate reflection of the products for which the domestic 
industry is seeking relief.\7\
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    \7\ See General Issues Supplemental Questionnaire; see also 
General Issues Supplement.
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    As discussed in the preamble to the Department's regulations,\8\ we 
are setting aside a period for interested parties to raise issues 
regarding product coverage (scope). The Department will consider all 
comments received from parties and, if necessary, will consult with 
parties prior to the issuance of the preliminary determination. If 
scope comments include factual information (see 19 CFR 351.102(b)(21)), 
all such factual information should be limited to public information. 
In order to facilitate preparation of its questionnaires, the 
Department requests all interested parties to submit such comments by 
5:00 p.m. Eastern Time (ET) on August 31, 2015, which is the first 
business day after 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. ET on September 10, 2015, which is 10 
calendar days after the initial comments deadline.
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    \8\ See Antidumping Duties; Countervailing Duties; Final rule, 
62 FR 27296, 27323 (May 19, 1997).
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    The Department requests that any factual information the parties 
consider 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 Turkey AD and CVD 
investigations, as well as the concurrent Korea and Mexico AD 
investigations.

Filing Requirements

    Submissions to the Department normally must be filed electronically 
using Enforcement and Compliance's Antidumping and Countervailing Duty

[[Page 49208]]

Centralized Electronic Service System (ACCESS).\9\ 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 18022, 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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    \9\ See 19 CFR 351.303 (for general filing requirements); 
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 ACCESS can be found at https://access.trade.gov/help.aspx and a handbook can be found at https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf.
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Consultations

    Pursuant to section 702(b)(4)(A)(i) of the Act, the Department 
notified representatives of the GOT of the receipt of the Petition. 
Also, in accordance with section 702(b)(4)(A)(ii) of the Act, the 
Department provided representatives of the GOT the opportunity for 
consultations with respect to the Petition.\10\ Consultations were held 
with the GOT on August 6, 2015.\11\ The memorandum regarding these 
consultations is on file electronically via ACCESS.\12\
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    \10\ See Letter of invitation from the Department to the GOT, 
dated July 27, 2015.
    \11\ See Memorandum to the File, ``Consultations with Officials 
from the Government of the Republic of Turkey Regarding the 
Countervailing Duty Petition Concerning Heavy Walled Rectangular 
Welded Carbon Steel Pipes and Tubes,'' dated August 6, 2015.
    \12\ See supra note 9 for information pertaining to ACCESS.
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Determination of Industry Support for the Petition

    Section 702(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 702(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 702(c)(4)(D) of 
the Act provides that, if the Petition does not establish support of 
domestic producers or workers accounting for more than 50 percent of 
the total production of the domestic like product, the Department 
shall: (i) Poll the industry or rely on other information in order to 
determine if there is support for the Petition, as required by 
subparagraph (A); or (ii) determine industry support using a 
statistically valid sampling method to poll the ``industry.''
    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers as a whole of a domestic like product. Thus, to determine 
whether a petition has the requisite industry support, the statute 
directs the Department to look to producers and workers who produce the 
domestic like product. The International Trade Commission (ITC), which 
is responsible for determining whether ``the domestic industry'' has 
been injured, must also determine what constitutes a domestic like 
product in order to define the industry. While both the Department and 
the ITC must apply the same statutory definition regarding the domestic 
like product,\13\ 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.\14\
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    \13\ See section 771(10) of the Act.
    \14\ 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)).
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    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 investigation. Based on our analysis of the information 
submitted on the record, we have determined that HWR pipes and tubes, 
as defined in the scope of the investigation, constitute a single 
domestic like product and we have analyzed industry support in terms of 
that domestic like product.\15\
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    \15\ For a discussion of the domestic like product analysis in 
this case, see Countervailing Duty Investigation Initiation 
Checklist: Heavy Walled Rectangular Welded Carbon Steel Pipes and 
Tubes from the Republic of Turkey (Turkey CVD Initiation Checklist), 
at Attachment II, Analysis of Industry Support for the Antidumping 
and Countervailing Duty Petitions Covering Heavy Walled Rectangular 
Welded Carbon Steel Pipes and Tubes from the Republic of Korea, 
Mexico, and the Republic of Turkey (Attachment II). This checklist 
is dated concurrently with this notice and on file electronically 
via ACCESS. Access to documents filed via ACCESS is also available 
in the Central Records Unit, Room B8024 of the main Department of 
Commerce building.
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    In determining whether the petitioners have standing under section 
702(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petition with reference to the domestic like product 
as defined in the ``Scope of the Investigation,'' in Appendix I of this 
notice. To establish industry support, the petitioners provided their 
own shipments of the domestic like product in 2014 and compared their 
shipments to estimated total shipments of the domestic like product for 
the entire domestic industry.\16\ Because data regarding total 
production of the domestic like product are not reasonably available to 
the petitioners and the petitioners have established that shipments are 
a reasonable proxy for production,\17\ we have relied on the shipment 
data provided by the petitioners for purposes of measuring industry 
support.\18\
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    \16\ See Volume I of the Petition, at 3-4 and Exhibits I-1 and 
I-2; see also General Issues Supplement, at 4-5 and Exhibit I-10.
    \17\ See Volume I of the Petition, at 3-4; see also General 
Issues Supplement, at 4.
    \18\ For further discussion, see Turkey CVD Initiation 
Checklist, at Attachment II.
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    Our review of the data provided in the Petition, General Issues 
Supplement, and other information readily available to the Department 
indicates that the petitioners have established industry support for 
the Petition.\19\ First, the Petition established support from domestic 
producers (or workers) accounting for more than 50 percent of the total 
shipments \20\ of the domestic like product and, as such, the 
Department is not required to take further action in order to evaluate 
industry support (e.g., polling).\21\ Second, the domestic producers 
(or workers) have met the statutory criteria for industry support under 
section 702(c)(4)(A)(i) of the Act for the Petition because the 
domestic producers (or workers) who support the Petition account for at 
least 25 percent of the total shipments of the domestic like

[[Page 49209]]

product.\22\ Finally, the domestic producers (or workers) have met the 
statutory criteria for industry support under section 702(c)(4)(A)(ii) 
of the Act for the Petition because the domestic producers (or workers) 
who support the Petition account for more than 50 percent of the 
shipments of the domestic like product produced by that portion of the 
industry expressing support for, or opposition to, the Petition.\23\ 
Accordingly, the Department determines that the Petition was filed on 
behalf of the domestic industry within the meaning of section 702(b)(1) 
of the Act.
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    \19\ See Turkey CVD Initiation Checklist, at Attachment II.
    \20\ As mentioned above, the petitioners have established that 
shipments are a reasonable proxy for production data. Section 
351.203(e)(1) of the Department's regulations states ``production 
levels may be established by reference to alternative data that the 
Secretary determines to be indicative of production levels.''
    \21\ See section 702(c)(4)(D) of the Act; see also Turkey CVD 
Initiation Checklist, at Attachment II.
    \22\ Id.
    \23\ Id.
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    The Department finds that the petitioners filed the Petition 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 CVD investigation that 
they are requesting the Department initiate.\24\
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    \24\ Id.
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Injury Test

    Because Turkey is a ``Subsidies Agreement Country'' within the 
meaning of section 701(b) of the Act, section 701(a)(2) of the Act 
applies to this investigation. Accordingly, the ITC must determine 
whether imports of the subject merchandise from Turkey materially 
injure, or threaten material injury to, a U.S. industry.

Allegations and Evidence of Material Injury and Causation

    The petitioners allege that imports of the subject merchandise are 
benefitting from countervailable subsidies and that such imports are 
causing, or threaten to cause, material injury to the U.S. industry 
producing the domestic like product. The petitioners allege that 
subject imports exceed the negligibility threshold of three percent 
provided for under section 771(24)(A) of the Act.\25\
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    \25\ See General Issues Supplement, at 5 and Exhibit I-13.
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    The petitioners contend that the industry's injured condition is 
illustrated by reduced market share; underselling and price suppression 
or depression; lost sales and revenues; increased inventories and 
inventory overhang in the U.S. market; and decline in 
profitability.\26\ We have assessed the allegations and supporting 
evidence regarding material injury, threat of material injury, and 
causation, and we have determined that these allegations are properly 
supported by adequate evidence and meet the statutory requirements for 
initiation.\27\
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    \26\ See Volume I of the Petition, at 9-10, 12-27 and Exhibits 
I-1, I-5, I-7 and I-8; see also General Issues Supplement, at 1, 5 
and Exhibits I-12 and I-13.
    \27\ See Turkey CVD Initiation Checklist at Attachment III, 
Analysis of Allegations and Evidence of Material Injury and 
Causation for the Antidumping and Countervailing Duty Petitions 
Covering Heavy Walled Rectangular Welded Carbon Steel Pipes and 
Tubes from the Republic of Korea, Mexico, and the Republic of 
Turkey.
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Initiation of Countervailing Duty Investigations

    Section 702(b)(1) of the Act requires the Department to initiate a 
CVD investigation whenever an interested party files a CVD Petition on 
behalf of an industry that: (1) Alleges the elements necessary for an 
imposition of a duty under section 701(a) of the Act; and (2) is 
accompanied by information reasonably available to the petitioner 
supporting the allegations.
    The petitioners allege that producers/exporters of HWR pipes and 
tubes in Turkey benefited from countervailable subsidies bestowed by 
the government. The Department has examined the Petition and finds that 
it complies with the requirements of section 702(b)(1) of the Act. 
Therefore, in accordance with section 702(b)(1) of the Act, we are 
initiating a CVD investigation to determine whether manufacturers, 
producers, or exporters of HWR pipes and tubes from Turkey receive 
countervailable subsidies from the government.
    Based on our review of the Petition, we find that there is 
sufficient information to initiate a CVD investigation on each of the 
alleged programs. For a full discussion of the basis for our decision 
to initiate on each program, see CVD Initiation Checklist. A public 
version of the initiation checklist for this investigation is available 
on ACCESS.
    In accordance with section 703(b)(1) of the Act and 19 CFR 
351.205(b)(1), unless postponed, we will make our preliminary 
determinations no later than 65 days after the date of this initiation.

Respondent Selection

    The petitioners named 14 companies as producers/exporters of heavy 
walled rectangular welded carbon steel pipes and tubes from Turkey.\28\ 
Following standard practice in CVD investigations, the Department will, 
where appropriate, select respondents based on U.S. Customs and Border 
Protection (CBP) data for U.S. imports of HWR pipes and tubes during 
the period of investigation under Harmonized Tariff Schedule of the 
United States (HTSUS) number 7306.61.1000.\29\ We intend to release CBP 
data under Administrative Protective Order (APO) to all parties with 
access to information protected by APO within five days of publication 
of this Federal Register notice. The Department invites comments 
regarding respondent selection within seven days of publication of this 
Federal Register notice.
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    \28\ See Volume I of the Petitions, at Exhibit I-4.
    \29\ While the scope also references HTSUS number 7306.61.3000, 
we note that this HTSUS number includes non-subject merchandise. 
Therefore, we do not intend to use data for this HTSUS number for 
purposes of respondent selection.
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    Comments must be filed electronically using ACCESS. An 
electronically-filed document must be received successfully in its 
entirety by ACCESS, by 5 p.m. ET by the date noted above. We intend to 
make our decision regarding respondent selection within 20 days of 
publication of this 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 http://enforcement.trade.gov/apo.

Distribution of Copies of the Petition

    In accordance with section 702(b)(4)(A)(i) of the Act and 19 CFR 
351.202(f), a copy of the public version of the Petition has been 
provided to the GOT via ACCESS. To the extent practicable, we will 
attempt to provide a copy of the public version of the Petition to each 
known exporter (as named in the Petition), consistent with 19 CFR 
351.203(c)(2).

ITC Notification

    We will notify the ITC of our initiation, as required by section 
702(d) of the Act.

Preliminary Determination by the ITC

    Within 45 days after the date on which the Petition was filed, the 
ITC will preliminarily determine whether there is a reasonable 
indication that imports of HWR pipes and tubes from Turkey are 
materially injuring, or threatening material injury to, a U.S. 
industry.\30\ A negative ITC determination will result in the 
investigation being terminated; \31\ otherwise, this investigation will 
proceed according to statutory and regulatory time limits.
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    \30\ See section 703(a) of the Act.
    \31\ Id.
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Submission of Factual Information

    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) 
Evidence submitted in response to questionnaires;

[[Page 49210]]

(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 regulation 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. Time limits for the 
submission of factual information are addressed in 19 CFR 351.301, 
which provides specific time limits based on the type of factual 
information being submitted. Parties should review the regulations 
prior to submitting factual information in this investigation.

Extension of Time Limits Regulation

    Parties may request an extension of time limits before the 
expiration of a time limit established under 19 CFR 351.301, 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 19 CFR 351.301 expires. For submissions that 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. 
Under certain circumstances, we 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, we 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. An extension request 
must be made in a separate, stand-alone submission; under limited 
circumstances we will grant untimely-filed requests for the extension 
of time limits. Review Extension of Time Limits; Final Rule, 78 FR 
57790 (September 20, 2013), available at http://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual 
information in this investigation.

Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\32\ 
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.\33\ The Department intends to reject factual submissions if the 
submitting party does not comply with the applicable revised 
certification requirements.
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    \32\ See section 782(b) of the Act.
    \33\ 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 
http://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 this investigation should 
ensure that they meet the requirements of these procedures (e.g., the 
filing of letters of appearance as discussed at 19 CFR 351.103(d)).
    This notice is issued and published pursuant to sections 702 and 
777(i) of the Act.

    Dated: August 10, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The products covered by this investigation are certain heavy 
walled rectangular welded steel pipes and tubes of rectangular 
(including square) cross section, having a nominal wall thickness of 
not less than 4 mm. The merchandise includes, but is not limited to, 
the American Society for Testing and Materials (ASTM) A-500, grade B 
specifications, or comparable domestic or foreign specifications.
    Included products are those in which: (1) Iron predominates, by 
weight, over each of the other contained elements; (2) the carbon 
content is 2 percent or less, by weight; and (3) none of the 
elements below exceeds the quantity, by weight, respectively 
indicated:
     2.50 percent of manganese, or
     3.30 percent of silicon, or
     1.50 percent of copper, or
     1.50 percent of aluminum, or
     1.25 percent of chromium, or
     0.30 percent of cobalt, or
     0.40 percent of lead, or
     2.0 percent of nickel, or
     0.30 percent of tungsten, or
     0.80 percent of molybdenum, or
     0.10 percent of niobium (also called columbium), or
     0.30 percent of vanadium, or
     0.30 percent of zirconium.
    The subject merchandise is currently provided for in item 
7306.61.1000 of the Harmonized Tariff Schedule of the United States 
(HTSUS). Subject merchandise may also enter under HTSUS 
7306.61.3000. While the HTSUS subheadings and ASTM specification are 
provided for convenience and customs purposes, the written 
description of the scope of this investigation is dispositive.

[FR Doc. 2015-20270 Filed 8-14-15; 8:45 am]
 BILLING CODE 3510-DS-P