Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From the Republic of Korea, Mexico, and the Republic of Turkey: Initiation of Less-Than-Fair-Value Investigations, 49202-49207 [2015-20271]
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Federal Register / Vol. 80, No. 158 / Monday, August 17, 2015 / Notices
closing period for their receipt is
September 28, 2015.
A copy of the notification will be
available for public inspection at the
Office of the Executive Secretary,
Foreign-Trade Zones Board, Room
21013, U.S. Department of Commerce,
1401 Constitution Avenue NW.,
Washington, DC 20230–0002, and in the
‘‘Reading Room’’ section of the FTZ
Board’s Web site, which is accessible
via www.trade.gov/ftz.
For further information, contact
Kathleen Boyce at Kathleen.Boyce@
trade.gov or (202) 482–1346.
Dated: August 11, 2015.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2015–20269 Filed 8–14–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Transportation and Related
Equipment, Technical Advisory
Committee; Notice of Partially Closed
Meeting
The Transportation and Related
Equipment Technical Advisory
Committee will meet on September 2,
2015, 9:30 a.m., in the Herbert C.
Hoover Building, Room 3884, 14th
Street between Constitution &
Pennsylvania Avenues NW.,
Washington, DC. The Committee
advises the Office of the Assistant
Secretary for Export Administration
with respect to technical questions that
affect the level of export controls
applicable to transportation and related
equipment or technology.
Agenda
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Public Session
1. Welcome and Introductions.
2. Status reports by working group
chairs.
3. Public comments and Proposals.
Closed Session
4. Discussion of matters determined to
be exempt from the provisions relating
to public meetings found in 5 U.S.C.
app. 2 §§ 10(a)(1) and 10(a)(3).
The open session will be accessible
via teleconference to 20 participants on
a first come, first serve basis. To join the
conference, submit inquiries to Ms.
Yvette Springer at Yvette.Springer@
bis.doc.gov no later than August 26,
2015.
A limited number of seats will be
available during the public session of
the meeting. Reservations are not
accepted. To the extent time permits,
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members of the public may present oral
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may submit written statements at any
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However, to facilitate distribution of
public presentation materials to
Committee members, the Committee
suggests that presenters forward the
public presentation materials prior to
the meeting to Ms. Springer via email.
The Assistant Secretary for
Administration, with the concurrence of
the delegate of the General Counsel,
formally determined on October 2, 2014,
pursuant to Section 10(d) of the Federal
Advisory Committee Act, as amended (5
U.S.C. app. 2 § (10)(d)), that the portion
of the meeting dealing with predecisional changes to the Commerce
Control List and U.S. export control
policies shall be exempt from the
provisions relating to public meetings
found in 5 U.S.C. app. 2 §§ 10(a)(1) and
10(a)(3). The remaining portions of the
meeting will be open to the public.
For more information, call Yvette
Springer at (202) 482·2813.
Dated: August 11, 2015.
Yvette Springer,
Committee Liaison Officer.
[FR Doc. 2015–20179 Filed 8–14–15; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Materials Technical Advisory
Committee; Notice of Partially Closed
Meeting
The Materials Technical Advisory
Committee will meet on September 3,
2015, 10:00 a.m., Herbert C. Hoover
Building, Room 3884, 14th Street
between Constitution & Pennsylvania
Avenues NW., Washington, DC. The
Committee advises the Office of the
Assistant Secretary for Export
Administration with respect to technical
questions that affect the level of export
controls applicable to materials and
related technology.
Agenda
Frm 00005
Closed Session
7. Discussion of matters determined to
be exempt from the provisions relating
to public meetings found in 5 U.S.C.
app. 2 §§ 10(a)(1) and 10(a)(3).
The open session will be accessible
via teleconference to 20 participants on
a first come, first serve basis. To join the
conference, submit inquiries to Ms.
Yvette Springer at
Yvette.Springer@bis.doc.gov, no later
than August 27, 2015.
A limited number of seats will be
available during the public session of
the meeting. Reservations are not
accepted. To the extent time permits,
members of the public may present oral
statements to the Committee. Written
statements may be submitted at any
time before or after the meeting.
However, to facilitate distribution of
public presentation materials to
Committee members, the materials
should be forwarded prior to the
meeting to Ms. Springer via email.
The Assistant Secretary for
Administration, with the concurrence of
the delegate of the General Counsel,
formally determined on March 18, 2015,
pursuant to Section 10(d) of the Federal
Advisory Committee Act, as amended (5
U.S.C. app. 2 § 10(d)), that the portion
of the meeting dealing with predecisional changes to the Commerce
Control List and the U.S. export control
policies shall be exempt from the
provisions relating to public meetings
found in 5 U.S.C. app. 2 § § 10(a)(1) and
10(a)(3). The remaining portions of the
meeting will be open to the public.
For more information, call Yvette
Springer at (202) 482–2813.
Dated: August 11, 2015.
Yvette Springer,
Committee Liaison Officer.
[FR Doc. 2015–20178 Filed 8–14–15; 8:45 am]
BILLING CODE 3510–JT–P
DEPARTMENT OF COMMERCE
International Trade Administration
Open Session
1. Introductions and opening remarks
on ECR by senior management.
2. Foreign Policy brief on Cuba.
3. Open session report by on regime
representatives.
4. Report from working groups
(Composite Working Group, Biological
Working Group, Pump and Valves
Working Group, and the Chemicals
Working Group).
5. Remarks by the Office of
Technology Evaluation.
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6. Public Comments and New
Business.
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[A–580–880, A–201–847, A–489–824]
Heavy Walled Rectangular Welded
Carbon Steel Pipes and Tubes From
the Republic of Korea, Mexico, and the
Republic of Turkey: Initiation of LessThan-Fair-Value Investigations
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: August 17, 2015.
AGENCY:
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Federal Register / Vol. 80, No. 158 / Monday, August 17, 2015 / Notices
FOR FURTHER INFORMATION CONTACT:
Elizabeth Eastwood at (202) 482–3874
(the Republic of Korea and Mexico), or
Brandon Custard at (202) 482–1823 (the
Republic of Turkey), AD/CVD
Operations, Enforcement and
Compliance, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
The Petitions
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On July 21, 2015, the Department of
Commerce (the Department) received
antidumping duty (AD) petitions
concerning imports of heavy walled
rectangular carbon steel pipes and tubes
(HWR pipes and tubes) from the
Republic of Korea (Korea), Mexico, and
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,1 Hannibal
Industries, Inc., Independence Tube
Corporation, Maruichi American
Corporation, Searing Industries,
Southland Tube, and Vest, Inc.
(collectively, the petitioners). The AD
petitions were accompanied by one
countervailing duty (CVD) petition also
concerning imports of HWR pipes and
tubes from Turkey.2 The petitioners are
domestic producers of HWR pipes and
tubes.3
On July 23, 2015, the Department
requested additional information and
clarification of certain areas of the
Petitions.4 The petitioners filed
1 EXLTUBE is not a petitioner in the AD petition
concerning imports of HWR pipes and tubes from
Mexico.
2 See Petitions for the Imposition of Antidumping
and Countervailing Duties: Heavy Walled
Rectangular Welded Carbon Steel Pipes and Tubes
from Korea, Mexico, and Turkey, dated July 21,
2015 (the Petitions).
3 See Volume I of the Petitions, at 2.
4 See Letter from the Department to Petitioners
entitled ‘‘Re: 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,’’ dated July 23,
2015; Letter from the Department to Petitioners
entitled ‘‘Re: Petition for the Imposition of
Antidumping Duties on Imports of Heavy Walled
Rectangular Welded Carbon Steel Pipes and Tubes
from Korea: Supplemental Questions,’’ dated July
23, 2015; Letter from the Department to Petitioners
entitled ‘‘Re: Petition for the Imposition of
Antidumping Duties on Imports of Heavy Walled
Rectangular Welded Carbon Steel Pipes and Tubes
from Mexico: Supplemental Questions,’’ dated July
23, 2015; and Letter from the Department to
Petitioners entitled ‘‘Re: Petition for the Imposition
of Antidumping Duties on Imports of Heavy Walled
Rectangular Welded Carbon Steel Pipes and Tubes
from the Republic of Turkey: Supplemental
Questions,’’ dated July 23, 2015. (collectively,
General Issues Supplemental Questionnaire).
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responses to these requests on July 24
and 27, 2015.5
In accordance with section 732(b) of
the Tariff Act of 1930, as amended (the
Act), the petitioners allege that imports
of HWR pipes and tubes from Korea,
Mexico, and Turkey are being, or are
likely to be, sold in the United States at
less-than-fair value within the meaning
of section 731 of the Act, and that such
imports are materially injuring, or
threatening material injury to, an
industry in the United States. Also,
consistent with section 732(b)(1) of the
Act, the Petitions are accompanied by
information reasonably available to the
petitioners supporting their allegations.
The Department finds that the
petitioners filed these Petitions on
behalf of the domestic industry because
the petitioners are interested parties as
defined in section 771(9)(C) of the Act.
The Department also finds that the
petitioners demonstrated sufficient
industry support with respect to the
initiation of the AD investigations that
the petitioners are requesting.6
Period of Investigation
Because the Petitions were filed on
July 21, 2015, pursuant to 19 CFR
351.204(b)(1) the period of investigation
(POI) is July 1, 2014, through June 30,
2015.
Scope of the Investigations
The product covered by these
investigations is HWR pipes and tubes
from Korea, Mexico, and Turkey. For a
full description of the scope of these
investigations, see the ‘‘Scope of the
Investigations,’’ in Appendix I of this
notice.
Comments on Scope of the
Investigations
During our review of the Petitions, the
Department issued questions to, and
received responses from, the petitioners
pertaining to the proposed scope to
ensure that the scope language in the
Petitions would be an accurate
5 See Letters from the petitioners entitled, ‘‘Heavy
Walled Rectangular Welded Carbon Steel Pipes and
Tubes from Korea,’’ ‘‘Heavy Walled Rectangular
Welded Carbon Steel Pipes and Tubes from
Mexico,’’ and ‘‘Heavy Walled Rectangular Welded
Carbon Steel Pipes and Tubes from Turkey,’’ dated
July 24, 2015; Response to the Department’s July 23,
2015, Supplemental Questionnaire Regarding
Volume I of the Petitions for the Antidumping and
Countervailing Duties, dated July 27, 2015 (General
Issues Supplement); and Response to the
Department’s July 23, 2015, Supplemental
Questionnaires Regarding Volumes II, III, and IV of
the Petitions for the Imposition of Antidumping and
Countervailing Duties, dated July 27, 2015.
6 See the ‘‘Determination of Industry Support for
the Petitions’’ section below.
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49203
reflection of the products for which the
domestic industry is seeking relief.7
As discussed in the preamble to the
Department’s regulations, 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
determinations. 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 Monday,
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 Thursday, 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 each of the concurrent AD
and CVD investigations.
Filing Requirements
Submissions to the Department must
normally be filed electronically using
Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS).8 An electronically filed
document must be received successfully
in its entirety by the time and date when
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,
7 See General Issues Supplemental Questionnaire;
see also General Issues Supplement.
8 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%20
Electronic%20Filling%20Procedures.pdf.
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14th Street and Constitution Avenue
NW., Washington, DC 20230, and
stamped with the date and time of
receipt by the applicable deadlines.
Comments on Product Characteristics
for AD Questionnaires
The Department requests comments
from interested parties regarding the
appropriate physical characteristics of
HWR pipes and tubes to be reported in
response to the Department’s AD
questionnaires. This information will be
used to identify the key physical
characteristics of the subject
merchandise in order to report the
relevant factors and costs of production
accurately as well as to develop
appropriate product-comparison
criteria.
Interested parties may provide any
information or comments that they feel
are relevant to the development of an
accurate list of physical characteristics.
Specifically, they may provide
comments as to which characteristics
are appropriate to use as: (1) General
product characteristics and (2) productcomparison criteria. We note that it is
not always appropriate to use all
product characteristics as productcomparison criteria. We base productcomparison criteria on meaningful
commercial differences among products.
In other words, although there may be
some physical product characteristics
utilized by manufacturers to describe
HWR pipes and tubes, it may be that
only a select few product characteristics
take into account commercially
meaningful physical characteristics. In
addition, interested parties may
comment on the order in which the
physical characteristics should be used
in matching products. Generally, the
Department attempts to list the most
important physical characteristics first
and the least important characteristics
last.
In order to consider the suggestions of
interested parties in developing and
issuing the AD questionnaires, all
comments must be filed by 5:00 p.m. ET
on Monday, August 31, 2015, which is
21 calendar days from the signature date
of this notice. Any rebuttal comments
must be filed by 5:00 p.m. ET on
Thursday, September 10, 2015. All
comments and submissions to the
Department must be filed electronically
using ACCESS, as explained above, on
the records of the Korea, Mexico, and
Turkey less-than-fair-value
investigations.
Determination of Industry Support for
the Petitions
Section 732(b)(1) of the Act requires
that a petition be filed on behalf of the
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domestic industry. Section 732(c)(4)(A)
of the Act provides that a petition meets
this requirement if the domestic
producers or workers who support the
petition account for: (i) At least 25
percent of the total production of the
domestic like product; and (ii) more
than 50 percent of the production of the
domestic like product produced by that
portion of the industry expressing
support for, or opposition to, the
petition. Moreover, section 732(c)(4)(D)
of the Act provides that, if the petition
does not establish support of domestic
producers or workers accounting for
more than 50 percent of the total
production of the domestic like product,
the Department shall: (i) Poll the
industry or rely on other information in
order to determine if there is support for
the petition, as required by
subparagraph (A); or (ii) determine
industry support using a statistically
valid sampling method to poll the
‘‘industry.’’
Section 771(4)(A) of the Act defines
the ‘‘industry’’ as the producers as a
whole of a domestic like product. Thus,
to determine whether a petition has the
requisite industry support, the statute
directs the Department to look to
producers and workers who produce the
domestic like product. The International
Trade Commission (ITC), which is
responsible for determining whether
‘‘the domestic industry’’ has been
injured, must also determine what
constitutes a domestic like product in
order to define the industry. While both
the Department and the ITC must apply
the same statutory definition regarding
the domestic like product,9 they do so
for different purposes and pursuant to a
separate and distinct authority. In
addition, the Department’s
determination is subject to limitations of
time and information. Although this
may result in different definitions of the
like product, such differences do not
render the decision of either agency
contrary to law.10
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 Petitions).
9 See
section 771(10) of the Act.
USEC, Inc. v. United States, 132 F. Supp.
2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd.
v. United States, 688 F. Supp. 639, 644 (CIT 1988),
aff’d 865 F.2d 240 (Fed. Cir. 1989)).
10 See
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With regard to the domestic like
product, the petitioners do not offer a
definition of the domestic like product
distinct from the scope of the
investigations. Based on our analysis of
the information submitted on the
record, we have determined that HWR
pipes and tubes, as defined in the scope
of the investigations, constitute a single
domestic like product and we have
analyzed industry support in terms of
that domestic like product.11
In determining whether the
petitioners have standing under section
732(c)(4)(A) of the Act, we considered
the industry support data contained in
the Petitions with reference to the
domestic like product as defined in the
‘‘Scope of the Investigations,’’ in
Appendix I of this notice. To establish
industry support, the petitioners
provided their own shipments of the
domestic like product in 2014 and
compared their shipments to the
estimated total shipments of the
domestic like product for the entire
domestic industry.12 Because data
regarding total production of the
domestic like product for 2014 are not
reasonably available to the petitioners
and the petitioners have established that
shipments are a reasonable proxy for
production,13 we relied on the shipment
data provided by the petitioners for
purposes of measuring industry
support.14 We note that EXLTUBE is not
a petitioner with respect to the petition
for the imposition of antidumping
duties on imports of HWR pipes and
tubes from Mexico and has not
expressed an opinion with regard to the
petition on imports from Mexico.
11 For a discussion of the domestic like product
analysis in this case, see Antidumping Duty
Investigation Initiation Checklist: Heavy Walled
Rectangular Welded Carbon Steel Pipes and Tubes
from the Republic of Korea (Korea 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); Antidumping Duty
Investigation Initiation Checklist: Heavy Walled
Rectangular Welded Carbon Steel Pipes and Tubes
from Mexico (Mexico Initiation Checklist), at
Attachment II; and Antidumping Duty Investigation
Initiation Checklist: Heavy Walled Rectangular
Welded Carbon Steel Pipes and Tubes from the
Republic of Turkey (Turkey AD Initiation
Checklist), at Attachment II. These checklists are
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.
12 See Volume I of the Petitions, at 3–4 and
Exhibits I–1 and I–2; see also General Issues
Supplement, at 4–5 and Exhibit I–10.
13 See Volume I of the Petitions, at 3–4; see also
General Issues Supplement, at 4.
14 For further discussion, see Korea Initiation
Checklist, Mexico Initiation Checklist, and Turkey
AD Initiation Checklist, at Attachment II.
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Therefore, we have not included
shipments from EXLTUBE to measure
industry support for the Mexico
Petition.15
Our review of the data provided in the
Petitions, General Issues Supplement,
and other information readily available
to the Department indicates that the
petitioners have established industry
support for all of the Petitions.16 First,
the Petitions established support from
domestic producers (or workers)
accounting for more than 50 percent of
the total shipments 17 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).18
Second, the domestic producers (or
workers) have met the statutory criteria
for industry support under section
732(c)(4)(A)(i) of the Act for all of the
Petitions because the domestic
producers (or workers) who support
each of the Petitions account for at least
25 percent of the total shipments of the
domestic like product.19 Finally, the
domestic producers (or workers) have
met the statutory criteria for industry
support under section 732(c)(4)(A)(ii) of
the Act for all of the Petitions because
the domestic producers (or workers)
who support each of the Petitions
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 Petitions.20 Accordingly, the
Department determines that the
Petitions were filed on behalf of the
domestic industry within the meaning
of section 732(b)(1) of the Act.
The Department finds that the
petitioners filed the Petitions on behalf
of the domestic industry because they
are interested parties as defined in
section 771(9)(C) of the Act and they
have demonstrated sufficient industry
support with respect to the AD
investigations that they are requesting
the Department initiate.21
15 See
Volume I of the Petitions, at 1.
Korea Initiation Checklist, Mexico
Initiation Checklist, and Turkey AD Initiation
Checklist, at Attachment II.
17 As mentioned above, the petitioners
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.’’
18 See section 732(c)(4)(D) of the Act; see also
Korea Initiation Checklist, Mexico Initiation
Checklist, and Turkey AD Initiation Checklist, at
Attachment II.
19 See Korea Initiation Checklist, Mexico
Initiation Checklist, and Turkey AD Initiation
Checklist, at Attachment II.
20 Id.
21 Id.
Allegations and Evidence of Material
Injury and Causation
estimated using the petitioners’
knowledge of the U.S. industry.27
The petitioners allege that the U.S.
industry producing the domestic like
product is being materially injured, or is
threatened with material injury, by
reason of the imports of the subject
merchandise sold at less than normal
value (NV). In addition, the petitioners
allege that subject imports exceed the
negligibility threshold provided for
under section 771(24)(A) of the Act.22
The petitioners contend that the
industry’s injured condition is
illustrated by reduced market share;
underselling and price depression or
suppression; lost sales and revenues;
increased inventories and inventory
overhang in the U.S. market; and
decline in profitability.23 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.24
Normal Value
Allegations of Sales at Less-Than-Fair
Value
The following is a description of the
allegations of sales at less-than-fair
value upon which the Department based
its decision to initiate investigations of
imports of HWR pipes and tubes from
Korea, Mexico, and Turkey. The sources
of data for the deductions and
adjustments relating to U.S. price and
NV are discussed in greater detail in the
country-specific initiation checklists.
Export Price
For Korea, Mexico, and Turkey, the
petitioners based U.S. price on price
quotes/offers for sales of HWR pipes and
tubes produced in, and exported from,
the subject country.25 The petitioners
made deductions from U.S. price for
movement expenses consistent with the
delivery terms.26 Where applicable, the
petitioners also deducted from U.S.
price trading company mark-ups
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16 See
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22 See General Issues Supplement, at 5 and
Exhibit I–13.
23 See Volume I of the Petitions, 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.
24 See Korea Initiation Checklist, Mexico
Initiation Checklist, and Turkey AD Initiation
Checklist, at Attachment III, Analysis of Allegations
and Evidence of Material Injury and Causation for
the Antidumping and Countervailing Duty Petitions
Covering Heavy Walled Rectangular Welded Carbon
Steel Pipes and Tubes from the Republic of Korea,
Mexico, and the Republic of Turkey.
25 See Korea Initiation Checklist; Mexico
Initiation Checklist; and Turkey AD Initiation
Checklist.
26 Id.
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For Korea, Mexico, and Turkey, the
petitioners provided home market price
information obtained through market
research for HWR pipes and tubes
produced and offered for sale in each of
these countries.28 For each country, the
petitioners provided an affidavit or
declaration from a market researcher for
the price information.29 The petitioners
made no adjustments to these prices
consistent with the terms of sale.
Fair Value Comparisons
Based on the data provided by the
petitioners, there is reason to believe
that imports of HWR pipes and tubes
from Korea, Mexico, and Turkey are
being, or are likely to be, sold in the
United States at less-than-fair value.
Based on comparisons of export price to
NV in accordance with section 773(a) of
the Act, the estimated dumping margin
for HWR pipes and tubes from Korea is
53.8 percent.30 The estimated dumping
margin for Mexico is 11.9 percent.31 The
estimated dumping margins for Turkey
range from 102.1 to 113.7 percent.32
Initiation of Less-Than-Fair-Value
Investigations
Based upon the examination of the
AD Petitions on HWR pipes and tubes
from Korea, Mexico, and Turkey, we
find that Petitions meet the
requirements of section 732 of the Act.
Therefore, we are initiating AD
investigations to determine whether
imports of HWR pipes and tubes from
Korea, Mexico and Turkey, are being, or
are likely to be, sold in the United States
at less-than-fair value. In accordance
with section 733(b)(1)(A) of the Act and
19 CFR 351.205(b)(1), unless postponed,
we will make our preliminary
determinations no later than 140 days
after the date of this initiation.
Respondent Selection
The petitioners named ten companies
from Korea, ten companies from
Mexico, and 14 companies from Turkey
as producers/exporters of HWR pipes
and tubes.33 Following standard
practice in AD investigations involving
market economy countries, the
27 Id.
28 Id.
29 Id.; see also Memoranda to the File,
‘‘Telephone Call to Foreign Market Researcher
Regarding Antidumping Duty Petition,’’ on each of
the country-specific records, dated July 31, 2015.
30 See Korea Initiation Checklist.
31 See Mexico Initiation Checklist.
32 See Turkey AD Initiation Checklist.
33 See Volume I of the Petitions, at Exhibit I–4.
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Federal Register / Vol. 80, No. 158 / Monday, August 17, 2015 / Notices
Department intends to select
respondents based on U.S. Customs and
Border Protection (CBP) data for U.S.
imports during the POI under
Harmonized Tariff Schedule of the
United States (HTSUS) number
7306.61.1000.34 We intend to release the
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 and make
our decision regarding respondent
selection within 20 days of publication
of this notice.
We invite interested parties to
comment on this issue. Parties wishing
to comment must do so within seven
days of the publication of this notice in
the Federal Register. Comments must be
filed electronically using ACCESS. An
electronically-filed document must be
received successfully in its entirety by
the Department’s electronic records
system, ACCESS, by 5 p.m. ET by the
deadline noted above.
Distribution of Copies of the Petitions
In accordance with section
732(b)(3)(A) of the Act and 19 CFR
351.202(f), copies of the public version
of the Petitions have been provided to
the governments of Korea, Mexico, and
Turkey via ACCESS. To the extent
practicable, we will attempt to provide
a copy of the public version of the
Petitions to each exporter named in the
Petitions, as provided under 19 CFR
351.203(c)(2).
ITC Notification
We have notified the ITC of our
initiation, as required by section 732(d)
of the Act.
mstockstill on DSK4VPTVN1PROD with NOTICES
Preliminary Determinations by the ITC
The ITC will preliminarily determine,
within 45 days after the date on which
the Petitions were filed, whether there
is a reasonable indication that imports
of HWR pipes and tubes from Korea,
Mexico, and/or Turkey are materially
injuring or threatening material injury to
a U.S. industry.35 A negative ITC
determination for any country will
result in the investigation being
terminated with respect to that
country; 36 otherwise, these
investigations will proceed according to
statutory and regulatory time limits.
34 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.
35 See section 733(a) of the Act.
36 Id.
VerDate Sep<11>2014
16:57 Aug 14, 2015
Jkt 235001
Submission of Factual Information
Factual information is defined in 19
CFR 351.102(b)(21) as: (i) Evidence
submitted in response to questionnaires;
(ii) evidence submitted in support of
allegations; (iii) publicly available
information to value factors under 19
CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR
351.511(a)(2); (iv) evidence placed on
the record by the Department; and (v)
evidence other than factual information
described in (i)–(iv). The 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. Please
review the regulations prior to
submitting factual information in these
investigations.
Extensions of Time Limits
Parties may request an extension of
time limits before the expiration of a
time limit established under part 351, or
as otherwise specified by the Secretary.
In general, an extension request will be
considered untimely if it is filed after
the expiration of the time limit
established under part 351 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 https://www.gpo.gov/
fdsys/pkg/FR-2013-09-20/html/201322853.htm, prior to submitting factual
information in these investigations.
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
Certification Requirements
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information.37
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.38 The
Department intends to reject factual
submissions if the submitting party does
not comply with applicable revised
certification requirements.
Notification to Interested Parties
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305. On
January 22, 2008, the Department
published Antidumping and
Countervailing Duty Proceedings:
Documents Submission Procedures;
APO Procedures, 73 FR 3634 (January
22, 2008). Parties wishing to participate
in these investigations should ensure
that they meet the requirements of these
procedures (e.g., the filing of letters of
appearance as discussed in 19 CFR
351.103(d)).
This notice is issued and published
pursuant to sections 732 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 Investigations
The products covered by these
investigations 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:
37 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
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
38 See
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• 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
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]]>Agencies
[Federal Register Volume 80, Number 158 (Monday, August 17, 2015)]
[Notices]
[Pages 49202-49207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20271]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-880, A-201-847, A-489-824]
Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From
the Republic of Korea, Mexico, and the Republic of Turkey: Initiation
of Less-Than-Fair-Value Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Effective Date: August 17, 2015.
[[Page 49203]]
FOR FURTHER INFORMATION CONTACT: Elizabeth Eastwood at (202) 482-3874
(the Republic of Korea and Mexico), or Brandon Custard at (202) 482-
1823 (the Republic of Turkey), AD/CVD Operations, Enforcement and
Compliance, U.S. Department of Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
The Petitions
On July 21, 2015, the Department of Commerce (the Department)
received antidumping duty (AD) petitions concerning imports of heavy
walled rectangular carbon steel pipes and tubes (HWR pipes and tubes)
from the Republic of Korea (Korea), Mexico, and 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,\1\ Hannibal
Industries, Inc., Independence Tube Corporation, Maruichi American
Corporation, Searing Industries, Southland Tube, and Vest, Inc.
(collectively, the petitioners). The AD petitions were accompanied by
one countervailing duty (CVD) petition also concerning imports of HWR
pipes and tubes from Turkey.\2\ The petitioners are domestic producers
of HWR pipes and tubes.\3\
---------------------------------------------------------------------------
\1\ EXLTUBE is not a petitioner in the AD petition concerning
imports of HWR pipes and tubes from Mexico.
\2\ See Petitions for the Imposition of Antidumping and
Countervailing Duties: Heavy Walled Rectangular Welded Carbon Steel
Pipes and Tubes from Korea, Mexico, and Turkey, dated July 21, 2015
(the Petitions).
\3\ See Volume I of the Petitions, at 2.
---------------------------------------------------------------------------
On July 23, 2015, the Department requested additional information
and clarification of certain areas of the Petitions.\4\ The petitioners
filed responses to these requests on July 24 and 27, 2015.\5\
---------------------------------------------------------------------------
\4\ See Letter from the Department to Petitioners entitled ``Re:
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,'' dated July 23, 2015; Letter from the
Department to Petitioners entitled ``Re: Petition for the Imposition
of Antidumping Duties on Imports of Heavy Walled Rectangular Welded
Carbon Steel Pipes and Tubes from Korea: Supplemental Questions,''
dated July 23, 2015; Letter from the Department to Petitioners
entitled ``Re: Petition for the Imposition of Antidumping Duties on
Imports of Heavy Walled Rectangular Welded Carbon Steel Pipes and
Tubes from Mexico: Supplemental Questions,'' dated July 23, 2015;
and Letter from the Department to Petitioners entitled ``Re:
Petition for the Imposition of Antidumping Duties on Imports of
Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from
the Republic of Turkey: Supplemental Questions,'' dated July 23,
2015. (collectively, General Issues Supplemental Questionnaire).
\5\ See Letters from the petitioners entitled, ``Heavy Walled
Rectangular Welded Carbon Steel Pipes and Tubes from Korea,''
``Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from
Mexico,'' and ``Heavy Walled Rectangular Welded Carbon Steel Pipes
and Tubes from Turkey,'' dated July 24, 2015; Response to the
Department's July 23, 2015, Supplemental Questionnaire Regarding
Volume I of the Petitions for the Antidumping and Countervailing
Duties, dated July 27, 2015 (General Issues Supplement); and
Response to the Department's July 23, 2015, Supplemental
Questionnaires Regarding Volumes II, III, and IV of the Petitions
for the Imposition of Antidumping and Countervailing Duties, dated
July 27, 2015.
---------------------------------------------------------------------------
In accordance with section 732(b) of the Tariff Act of 1930, as
amended (the Act), the petitioners allege that imports of HWR pipes and
tubes from Korea, Mexico, and Turkey are being, or are likely to be,
sold in the United States at less-than-fair value within the meaning of
section 731 of the Act, and that such imports are materially injuring,
or threatening material injury to, an industry in the United States.
Also, consistent with section 732(b)(1) of the Act, the Petitions are
accompanied by information reasonably available to the petitioners
supporting their allegations.
The Department finds that the petitioners filed these Petitions on
behalf of the domestic industry because the petitioners are interested
parties as defined in section 771(9)(C) of the Act. The Department also
finds that the petitioners demonstrated sufficient industry support
with respect to the initiation of the AD investigations that the
petitioners are requesting.\6\
---------------------------------------------------------------------------
\6\ See the ``Determination of Industry Support for the
Petitions'' section below.
---------------------------------------------------------------------------
Period of Investigation
Because the Petitions were filed on July 21, 2015, pursuant to 19
CFR 351.204(b)(1) the period of investigation (POI) is July 1, 2014,
through June 30, 2015.
Scope of the Investigations
The product covered by these investigations is HWR pipes and tubes
from Korea, Mexico, and Turkey. For a full description of the scope of
these investigations, see the ``Scope of the Investigations,'' in
Appendix I of this notice.
Comments on Scope of the Investigations
During our review of the Petitions, the Department issued questions
to, and received responses from, the petitioners pertaining to the
proposed scope to ensure that the scope language in the Petitions would
be an accurate reflection of the products for which the domestic
industry is seeking relief.\7\
---------------------------------------------------------------------------
\7\ See General Issues Supplemental Questionnaire; see also
General Issues Supplement.
---------------------------------------------------------------------------
As discussed in the preamble to the Department's regulations, 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 determinations. 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 Monday, 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 Thursday, 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 each of the concurrent AD and
CVD investigations.
Filing Requirements
Submissions to the Department must normally be filed electronically
using Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS).\8\ An electronically
filed document must be received successfully in its entirety by the
time and date when 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,
[[Page 49204]]
14th Street and Constitution Avenue NW., Washington, DC 20230, and
stamped with the date and time of receipt by the applicable deadlines.
---------------------------------------------------------------------------
\8\ 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.
---------------------------------------------------------------------------
Comments on Product Characteristics for AD Questionnaires
The Department requests comments from interested parties regarding
the appropriate physical characteristics of HWR pipes and tubes to be
reported in response to the Department's AD questionnaires. This
information will be used to identify the key physical characteristics
of the subject merchandise in order to report the relevant factors and
costs of production accurately as well as to develop appropriate
product-comparison criteria.
Interested parties may provide any information or comments that
they feel are relevant to the development of an accurate list of
physical characteristics. Specifically, they may provide comments as to
which characteristics are appropriate to use as: (1) General product
characteristics and (2) product-comparison criteria. We note that it is
not always appropriate to use all product characteristics as product-
comparison criteria. We base product-comparison criteria on meaningful
commercial differences among products. In other words, although there
may be some physical product characteristics utilized by manufacturers
to describe HWR pipes and tubes, it may be that only a select few
product characteristics take into account commercially meaningful
physical characteristics. In addition, interested parties may comment
on the order in which the physical characteristics should be used in
matching products. Generally, the Department attempts to list the most
important physical characteristics first and the least important
characteristics last.
In order to consider the suggestions of interested parties in
developing and issuing the AD questionnaires, all comments must be
filed by 5:00 p.m. ET on Monday, August 31, 2015, which is 21 calendar
days from the signature date of this notice. Any rebuttal comments must
be filed by 5:00 p.m. ET on Thursday, September 10, 2015. All comments
and submissions to the Department must be filed electronically using
ACCESS, as explained above, on the records of the Korea, Mexico, and
Turkey less-than-fair-value investigations.
Determination of Industry Support for the Petitions
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) At least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, the Department
shall: (i) Poll the industry or rely on other information in order to
determine if there is support for the petition, as required by
subparagraph (A); or (ii) determine industry support using a
statistically valid sampling method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs the Department to look to producers and workers who produce the
domestic like product. The International Trade Commission (ITC), which
is responsible for determining whether ``the domestic industry'' has
been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both the Department and
the ITC must apply the same statutory definition regarding the domestic
like product,\9\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, the Department's
determination is subject to limitations of time and information.
Although this may result in different definitions of the like product,
such differences do not render the decision of either agency contrary
to law.\10\
---------------------------------------------------------------------------
\9\ See section 771(10) of the Act.
\10\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
---------------------------------------------------------------------------
Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
Petitions).
With regard to the domestic like product, the petitioners do not
offer a definition of the domestic like product distinct from the scope
of the investigations. Based on our analysis of the information
submitted on the record, we have determined that HWR pipes and tubes,
as defined in the scope of the investigations, constitute a single
domestic like product and we have analyzed industry support in terms of
that domestic like product.\11\
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\11\ For a discussion of the domestic like product analysis in
this case, see Antidumping Duty Investigation Initiation Checklist:
Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from
the Republic of Korea (Korea 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); Antidumping Duty
Investigation Initiation Checklist: Heavy Walled Rectangular Welded
Carbon Steel Pipes and Tubes from Mexico (Mexico Initiation
Checklist), at Attachment II; and Antidumping Duty Investigation
Initiation Checklist: Heavy Walled Rectangular Welded Carbon Steel
Pipes and Tubes from the Republic of Turkey (Turkey AD Initiation
Checklist), at Attachment II. These checklists are 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
732(c)(4)(A) of the Act, we considered the industry support data
contained in the Petitions with reference to the domestic like product
as defined in the ``Scope of the Investigations,'' in Appendix I of
this notice. To establish industry support, the petitioners provided
their own shipments of the domestic like product in 2014 and compared
their shipments to the estimated total shipments of the domestic like
product for the entire domestic industry.\12\ Because data regarding
total production of the domestic like product for 2014 are not
reasonably available to the petitioners and the petitioners have
established that shipments are a reasonable proxy for production,\13\
we relied on the shipment data provided by the petitioners for purposes
of measuring industry support.\14\ We note that EXLTUBE is not a
petitioner with respect to the petition for the imposition of
antidumping duties on imports of HWR pipes and tubes from Mexico and
has not expressed an opinion with regard to the petition on imports
from Mexico.
[[Page 49205]]
Therefore, we have not included shipments from EXLTUBE to measure
industry support for the Mexico Petition.\15\
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\12\ See Volume I of the Petitions, at 3-4 and Exhibits I-1 and
I-2; see also General Issues Supplement, at 4-5 and Exhibit I-10.
\13\ See Volume I of the Petitions, at 3-4; see also General
Issues Supplement, at 4.
\14\ For further discussion, see Korea Initiation Checklist,
Mexico Initiation Checklist, and Turkey AD Initiation Checklist, at
Attachment II.
\15\ See Volume I of the Petitions, at 1.
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Our review of the data provided in the Petitions, General Issues
Supplement, and other information readily available to the Department
indicates that the petitioners have established industry support for
all of the Petitions.\16\ First, the Petitions established support from
domestic producers (or workers) accounting for more than 50 percent of
the total shipments \17\ 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).\18\ Second, the domestic producers
(or workers) have met the statutory criteria for industry support under
section 732(c)(4)(A)(i) of the Act for all of the Petitions because the
domestic producers (or workers) who support each of the Petitions
account for at least 25 percent of the total shipments of the domestic
like product.\19\ Finally, the domestic producers (or workers) have met
the statutory criteria for industry support under section
732(c)(4)(A)(ii) of the Act for all of the Petitions because the
domestic producers (or workers) who support each of the Petitions
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 Petitions.\20\ Accordingly, the Department
determines that the Petitions were filed on behalf of the domestic
industry within the meaning of section 732(b)(1) of the Act.
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\16\ See Korea Initiation Checklist, Mexico Initiation
Checklist, and Turkey AD Initiation Checklist, at Attachment II.
\17\ As mentioned above, the petitioners 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.''
\18\ See section 732(c)(4)(D) of the Act; see also Korea
Initiation Checklist, Mexico Initiation Checklist, and Turkey AD
Initiation Checklist, at Attachment II.
\19\ See Korea Initiation Checklist, Mexico Initiation
Checklist, and Turkey AD Initiation Checklist, at Attachment II.
\20\ Id.
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The Department finds that the petitioners filed the Petitions on
behalf of the domestic industry because they are interested parties as
defined in section 771(9)(C) of the Act and they have demonstrated
sufficient industry support with respect to the AD investigations that
they are requesting the Department initiate.\21\
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\21\ Id.
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Allegations and Evidence of Material Injury and Causation
The petitioners allege that the U.S. industry producing the
domestic like product is being materially injured, or is threatened
with material injury, by reason of the imports of the subject
merchandise sold at less than normal value (NV). In addition, the
petitioners allege that subject imports exceed the negligibility
threshold provided for under section 771(24)(A) of the Act.\22\
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\22\ 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 depression
or suppression; lost sales and revenues; increased inventories and
inventory overhang in the U.S. market; and decline in
profitability.\23\ 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.\24\
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\23\ See Volume I of the Petitions, 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.
\24\ See Korea Initiation Checklist, Mexico Initiation
Checklist, and Turkey AD Initiation Checklist, at Attachment III,
Analysis of Allegations and Evidence of Material Injury and
Causation for the Antidumping and Countervailing Duty Petitions
Covering Heavy Walled Rectangular Welded Carbon Steel Pipes and
Tubes from the Republic of Korea, Mexico, and the Republic of
Turkey.
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Allegations of Sales at Less-Than-Fair Value
The following is a description of the allegations of sales at less-
than-fair value upon which the Department based its decision to
initiate investigations of imports of HWR pipes and tubes from Korea,
Mexico, and Turkey. The sources of data for the deductions and
adjustments relating to U.S. price and NV are discussed in greater
detail in the country-specific initiation checklists.
Export Price
For Korea, Mexico, and Turkey, the petitioners based U.S. price on
price quotes/offers for sales of HWR pipes and tubes produced in, and
exported from, the subject country.\25\ The petitioners made deductions
from U.S. price for movement expenses consistent with the delivery
terms.\26\ Where applicable, the petitioners also deducted from U.S.
price trading company mark-ups estimated using the petitioners'
knowledge of the U.S. industry.\27\
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\25\ See Korea Initiation Checklist; Mexico Initiation
Checklist; and Turkey AD Initiation Checklist.
\26\ Id.
\27\ Id.
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Normal Value
For Korea, Mexico, and Turkey, the petitioners provided home market
price information obtained through market research for HWR pipes and
tubes produced and offered for sale in each of these countries.\28\ For
each country, the petitioners provided an affidavit or declaration from
a market researcher for the price information.\29\ The petitioners made
no adjustments to these prices consistent with the terms of sale.
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\28\ Id.
\29\ Id.; see also Memoranda to the File, ``Telephone Call to
Foreign Market Researcher Regarding Antidumping Duty Petition,'' on
each of the country-specific records, dated July 31, 2015.
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Fair Value Comparisons
Based on the data provided by the petitioners, there is reason to
believe that imports of HWR pipes and tubes from Korea, Mexico, and
Turkey are being, or are likely to be, sold in the United States at
less-than-fair value. Based on comparisons of export price to NV in
accordance with section 773(a) of the Act, the estimated dumping margin
for HWR pipes and tubes from Korea is 53.8 percent.\30\ The estimated
dumping margin for Mexico is 11.9 percent.\31\ The estimated dumping
margins for Turkey range from 102.1 to 113.7 percent.\32\
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\30\ See Korea Initiation Checklist.
\31\ See Mexico Initiation Checklist.
\32\ See Turkey AD Initiation Checklist.
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Initiation of Less-Than-Fair-Value Investigations
Based upon the examination of the AD Petitions on HWR pipes and
tubes from Korea, Mexico, and Turkey, we find that Petitions meet the
requirements of section 732 of the Act. Therefore, we are initiating AD
investigations to determine whether imports of HWR pipes and tubes from
Korea, Mexico and Turkey, are being, or are likely to be, sold in the
United States at less-than-fair value. In accordance with section
733(b)(1)(A) of the Act and 19 CFR 351.205(b)(1), unless postponed, we
will make our preliminary determinations no later than 140 days after
the date of this initiation.
Respondent Selection
The petitioners named ten companies from Korea, ten companies from
Mexico, and 14 companies from Turkey as producers/exporters of HWR
pipes and tubes.\33\ Following standard practice in AD investigations
involving market economy countries, the
[[Page 49206]]
Department intends to select respondents based on U.S. Customs and
Border Protection (CBP) data for U.S. imports during the POI under
Harmonized Tariff Schedule of the United States (HTSUS) number
7306.61.1000.\34\ We intend to release the 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 and make our decision regarding respondent
selection within 20 days of publication of this notice.
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\33\ See Volume I of the Petitions, at Exhibit I-4.
\34\ 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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We invite interested parties to comment on this issue. Parties
wishing to comment must do so within seven days of the publication of
this notice in the Federal Register. Comments must be filed
electronically using ACCESS. An electronically-filed document must be
received successfully in its entirety by the Department's electronic
records system, ACCESS, by 5 p.m. ET by the deadline noted above.
Distribution of Copies of the Petitions
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), copies of the public version of the Petitions have been
provided to the governments of Korea, Mexico, and Turkey via ACCESS. To
the extent practicable, we will attempt to provide a copy of the public
version of the Petitions to each exporter named in the Petitions, as
provided under 19 CFR 351.203(c)(2).
ITC Notification
We have notified the ITC of our initiation, as required by section
732(d) of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petitions were filed, whether there is a reasonable
indication that imports of HWR pipes and tubes from Korea, Mexico, and/
or Turkey are materially injuring or threatening material injury to a
U.S. industry.\35\ A negative ITC determination for any country will
result in the investigation being terminated with respect to that
country; \36\ otherwise, these investigations will proceed according to
statutory and regulatory time limits.
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\35\ See section 733(a) of the Act.
\36\ 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; (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. Please review the regulations prior to
submitting factual information in these investigations.
Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under part 351, or as otherwise
specified by the Secretary. In general, an extension request will be
considered untimely if it is filed after the expiration of the time
limit established under part 351 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 https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual
information in these investigations.
Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\37\
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.\38\ The Department intends to reject factual submissions if the
submitting party does not comply with applicable revised certification
requirements.
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\37\ See section 782(b) of the Act.
\38\ See Certification of Factual Information to Import
Administration during Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also
frequently asked questions regarding the Final Rule, available at
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. On January 22, 2008, the
Department published Antidumping and Countervailing Duty Proceedings:
Documents Submission Procedures; APO Procedures, 73 FR 3634 (January
22, 2008). Parties wishing to participate in these investigations
should ensure that they meet the requirements of these procedures
(e.g., the filing of letters of appearance as discussed in 19 CFR
351.103(d)).
This notice is issued and published pursuant to sections 732 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 Investigations
The products covered by these investigations 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:
[[Page 49207]]
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
