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]

Download as PDF 49202 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 mstockstill on DSK4VPTVN1PROD with NOTICES 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, VerDate Sep<11>2014 16:57 Aug 14, 2015 Jkt 235001 members of the public may present oral statements to the Committee. The public may submit written statements at any time before or after the meeting. 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. PO 00000 6. Public Comments and New Business. Fmt 4703 Sfmt 4703 [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: E:\FR\FM\17AUN1.SGM 17AUN1 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 mstockstill on DSK4VPTVN1PROD with NOTICES 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). VerDate Sep<11>2014 16:57 Aug 14, 2015 Jkt 235001 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. PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 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. E:\FR\FM\17AUN1.SGM 17AUN1 49204 Federal Register / Vol. 80, No. 158 / Monday, August 17, 2015 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES 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 VerDate Sep<11>2014 16:57 Aug 14, 2015 Jkt 235001 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 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 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. E:\FR\FM\17AUN1.SGM 17AUN1 Federal Register / Vol. 80, No. 158 / Monday, August 17, 2015 / Notices 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 mstockstill on DSK4VPTVN1PROD with NOTICES 16 See VerDate Sep<11>2014 16:57 Aug 14, 2015 Jkt 235001 49205 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. PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 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. E:\FR\FM\17AUN1.SGM 17AUN1 49206 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 http://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 http://enforcement.trade.gov/tlei/notices/factual_ info_final_rule_FAQ_07172013.pdf. 38 See E:\FR\FM\17AUN1.SGM 17AUN1 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

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]


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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\
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    \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.
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    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\
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    \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.
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    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\
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    \6\ See the ``Determination of Industry Support for the 
Petitions'' section below.
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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\
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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, 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.
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    \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.
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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\
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    \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)).
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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 
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 http://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 
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 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