Welded Line Pipe From the Republic of Korea: Final Negative Countervailing Duty Determination, 61365-61366 [2015-25967]

Download as PDF 61365 Federal Register / Vol. 80, No. 197 / Tuesday, October 13, 2015 / Notices v. Deducting Expenses from the Duty Drawback Calculation vi. Making a Duty Drawback Adjustment to Normal Value and/or Capping the U.S. Duty Drawback Adjustment vii. Treatment of Duty Drawback in the Calculation of the Cash Deposit Rate viii. Moot Arguments related to Duty Drawback b. Company-Specific Comments i. Cayirova ¸ 1. Cayirova’s U.S. Date of Sale ¸ 2. Cayirova’s Pipe Specification for a Home ¸ Market Sale 3. Cayirova’s General and Administrative ¸ (G&A) Expenses ii. Toscelik ¸ 1. Toscelik’s Reporting of Home Market ¸ Sales 2. Toscelik’s Home Market Interest Rate ¸ 3. Toscelik’s Late Shipment Penalties ¸ 4. Toscelik’s Net Financial Expense ¸ 5. Toscelik’s Polyethylene (PE) Coated ¸ Product Costs 6. Toscelik’s Revised Manufacturing Costs ¸ 7. Toscelik’s Second Quality Pipe ¸ Adjustment 8. Moot Arguments for Toscelik ¸ iii. Borusan Mannesmann and Borusan Istikbal 1. Basing the Margin for Borusan Mannesmann and Borusan Istikbal on AFA 6. Recommendation [FR Doc. 2015–25990 Filed 10–9–15; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–580–877] Welded Line Pipe From the Republic of Korea: Final Negative Countervailing Duty Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) determines that countervailable subsidies are not being provided to producers and exporters of welded line pipe from the Republic of Korea (Korea). The period of investigation is January 1, 2013, through December 31, 2013. DATES: Effective date: October 13, 2015. FOR FURTHER INFORMATION CONTACT: Rebecca Trainor or Reza Karamloo, Office II, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–4007 or (202) 482–4470, respectively. mstockstill on DSK4VPTVN1PROD with NOTICES AGENCY: SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 21:23 Oct 09, 2015 Jkt 238001 Background The petitioners in this investigation are American Cast Iron Pipe Company, Energex (a division of JMC Steel Group), Maverick Tube Corporation (Maverick), Northwest Pipe Company, Stupp Corporation (a division of Stupp Bros., Inc.), Tex-Tube Company, TMK IPSCO, and Welspun Tubular LLC USA (collectively, the petitioners). In addition to the Government of the Republic of Korea, the mandatory respondents in this investigation are SeAH Steel Corporation and NEXTEEL Co. Ltd. The events that have occurred since the Department published the Preliminary Determination 1 on March 20, 2015, are discussed in the Issues and Decision Memorandum, which is hereby incorporated in this notice.2 This memorandum also details the changes we made since the Preliminary Determination to the subsidy rates calculated for the mandatory respondents and all other producers/ exporters. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov, and is available to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http:// enforcement.trade.gov/frn/index.html. The signed Issues and Decision Memorandum and the electronic version of the Issues and Decision Memorandum are identical in content. Scope of the Investigation The scope of the investigation covers welded line pipe, which is carbon and alloy steel pipe of a kind used for oil or gas pipelines, not more than 24 inches in nominal outside diameter. For a complete description of the scope of the investigation, see Appendix I. 1 See Welded Line Pipe From the Republic of Korea: Preliminary Negative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination, 80 FR 14907 (March 20, 2015) (Preliminary Determination). 2 See Memorandum to Paul Piquado, ‘‘Countervailing Duty Investigation of Welded Line Pipe from the Republic of Korea: Issues and Decision Memorandum for the Final Negative Determination’’ (October 5, 2015) (Issues and Decision Memorandum). PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 Analysis of Subsidy Programs and Comments Received The subsidy programs under investigation and the issues raised in the case and rebuttal briefs by parties in this investigation are discussed in the Issues and Decision Memorandum, dated concurrently with this notice. A list of the issues that parties raised, and to which we responded in the Issues and Decision Memorandum, is attached to this notice as Appendix II. Final Determination We determine the countervailable subsidy rates to be: Company SeAH Steel Corporation. NEXTEEL Co., Ltd Subsidy rate 0.44 percent (de minimis) 0.28 percent (de minimis) Because the total estimated net countervailable subsidy rate for each examined company is de minimis, we determine that countervailable subsidies are not being provided to producers or exporters of welded line pipe from Korea. We did not calculate an allothers rate pursuant to sections 705(c)(1)(B) and (c)(5) of the Tariff Act of 1930, as amended (the Act) because we did not reach an affirmative final determination. Because our final determination is negative, this proceeding is terminated in accordance with section 705(c)(2) of the Act. In the Preliminary Determination, the total net countervailable subsidy rates for the individually examined respondents were de minimis and, therefore, we did not suspend liquidation of entries of welded line pipe from Korea. Because the estimated subsidy rates for the examined companies are de minimis in this final determination, we are not directing U.S. Customs and Border Protection to suspend liquidation of entries of welded line pipe from Korea. International Trade Commission (ITC) Notification In accordance with section 705(d) of the Act, we will notify the ITC of our final determination. Because our final determination is negative, this investigation is terminated. Return or Destruction of Proprietary Information This notice serves as the only reminder to parties subject to the administrative protective order (APO) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance E:\FR\FM\13OCN1.SGM 13OCN1 61366 Federal Register / Vol. 80, No. 197 / Tuesday, October 13, 2015 / Notices with 19 CFR 351.305(a)(3). Timely written notification of the return/ destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. This determination is issued and published pursuant to sections 705(d) and 777(i) of the Act. Dated: October 5, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation The merchandise covered by this investigation is circular welded carbon and alloy steel (other than stainless steel) pipe of a kind used for oil or gas pipelines (welded line pipe), not more than 24 inches in nominal outside diameter, regardless of wall thickness, length, surface finish, end finish, or stenciling. Welded line pipe is normally produced to the American Petroleum Institute (API) specification 5L, but can be produced to comparable foreign specifications, to proprietary grades, or can be non-graded material. All pipe meeting the physical description set forth above, including multiple-stenciled pipe with an API or comparable foreign specification line pipe stencil is covered by the scope of this investigation. The welded line pipe that is subject to this investigation is currently classifiable in the Harmonized Tariff Schedule of the United States (HTSUS) under subheadings 7305.11.1030, 7305.11.5000, 7305.12.1030, 7305.12.5000, 7305.19.1030, 7305.19.5000, 7306.19.1010, 7306.19.1050, 7306.19.5110, and 7306.19.5150. The subject merchandise may also enter in HTSUS 7305.11.1060 and 7305.12.1060. While the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this investigation is dispositive. Appendix II mstockstill on DSK4VPTVN1PROD with NOTICES List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Investigation IV. Use of Facts Otherwise Available V. Subsidies Valuation VI. Analysis of Programs VII. Analysis of Comments 1. Electricity for Less Than Adequate Remuneration (LTAR) 2. Unreported Subsidies 3. Specificity of RSTA Tax Programs 4. Special Rural Development Tax 5. Husteel as a Mandatory or Voluntary Respondent VIII. Recommendation [FR Doc. 2015–25967 Filed 10–9–15; 8:45 a.m.] BILLING CODE 3510–DS–P VerDate Sep<11>2014 21:23 Oct 09, 2015 Jkt 238001 DEPARTMENT OF COMMERCE International Trade Administration [A–580–876] Welded Line Pipe From the Republic of Korea: Final Determination of Sales at Less Than Fair Value Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) determines that welded line pipe from the Republic of Korea (Korea) is being, or is likely to be, sold in the United States at less than fair value (LTFV), as provided in section 733(b) of the Tariff Act of 1930, as amended (the Act). The period of investigation (POI) is October 1, 2013, through September 30, 2014. The final dumping margins of sales at LTFV are listed below in the ‘‘Final Determination’’ section of this notice. DATES: Effective Date: October 13, 2015. FOR FURTHER INFORMATION CONTACT: David Goldberger or Ross Belliveau, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Ave. NW., Washington, DC 20230; telephone: (202) 482–4136 or (202) 482–4952, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On May 22, 2015, the Department published the Preliminary Determination of sales at LTFV of welded line pipe from Korea.1 For a history of events following the publication of the Preliminary Determination, see the Issues and Decision Memorandum,2 which is hereby adopted by this notice. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov and it is available to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. In 1 See Welded Line Pipe From the Republic of Korea: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 80 FR 29620 (May 22, 2015) (Preliminary Determination). 2 See Memorandum entitled ‘‘Issues and Decision Memorandum for the Final Affirmative Determination in the Less-Than-Fair-Value Investigation of Welded Line Pipe from the Republic of Korea,’’ dated concurrently with this notice (Issues and Decision Memorandum). PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http:// enforcement.trade.gov/frn/index.html. The signed Issues and Decision Memorandum and electronic version of the Issues and Decision Memorandum are identical in content. Scope of the Investigation The scope of the investigation covers welded line pipe, which is carbon and alloy steel pipe of a kind used for oil and gas pipelines, not more than 24 inches in nominal outside diameter. For a complete description of the scope of the investigation, see Appendix I. Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties in this investigation are addressed in the Issues and Decision Memorandum,3 which is hereby adopted by this notice. A list of the issues raised is attached to this notice as Appendix II. Verification As provided in section 782(i) of the Act, during the period June through August 2015, we verified the sales and cost information submitted by HYSCO and SeAH for use in our final determination. We used standard verification procedures, including an examination of relevant accounting and production records, and original source documents provided by HYSCO and SeAH.4 Changes Since the Preliminary Determination Based on our analysis of the comments received and our findings at verification, we made certain changes to the margin calculations for HYSCO and SeAH. For a discussion of these changes, see the ‘‘Margin Calculations’’ section of the Issues and Decision Memorandum. All-Others Rate Section 735(c)(5)(A) of the Act provides that the estimated all-others rate shall be an amount equal to the weighted-average of the estimated weighted-average dumping margins 3 See Id. Memoranda to the File entitled ‘‘Verification of the Cost Response of SeAH Steel Corporation in the Antidumping Duty Investigation of Welded Line Pipe from Korea,’’ and ‘‘Verification of the Cost Response of Hyundai HYSCO Co. Ltd. in the Antidumping Duty Investigation of Welded Line Pipe from South Korea,’’ dated July 31, 2015; Memorandum to the File entitled ‘‘Verification of the Sales Responses of Hyundai HYSCO (HYSCO),’’ dated August 18, 2015; and Memorandum to the File entitled ‘‘Verification of the Sales Responses of SeAH Steel Corporation (SeAH) and Pusan Pipe America (PPA),’’ dated August 24, 2015. 4 See E:\FR\FM\13OCN1.SGM 13OCN1

Agencies

[Federal Register Volume 80, Number 197 (Tuesday, October 13, 2015)]
[Notices]
[Pages 61365-61366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25967]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-580-877]


Welded Line Pipe From the Republic of Korea: Final Negative 
Countervailing Duty Determination

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

SUMMARY: The Department of Commerce (the Department) determines that 
countervailable subsidies are not being provided to producers and 
exporters of welded line pipe from the Republic of Korea (Korea). The 
period of investigation is January 1, 2013, through December 31, 2013.

DATES: Effective date: October 13, 2015.

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

SUPPLEMENTARY INFORMATION: 

Background

    The petitioners in this investigation are American Cast Iron Pipe 
Company, Energex (a division of JMC Steel Group), Maverick Tube 
Corporation (Maverick), Northwest Pipe Company, Stupp Corporation (a 
division of Stupp Bros., Inc.), Tex-Tube Company, TMK IPSCO, and 
Welspun Tubular LLC USA (collectively, the petitioners). In addition to 
the Government of the Republic of Korea, the mandatory respondents in 
this investigation are SeAH Steel Corporation and NEXTEEL Co. Ltd.
    The events that have occurred since the Department published the 
Preliminary Determination \1\ on March 20, 2015, are discussed in the 
Issues and Decision Memorandum, which is hereby incorporated in this 
notice.\2\ This memorandum also details the changes we made since the 
Preliminary Determination to the subsidy rates calculated for the 
mandatory respondents and all other producers/exporters. The Issues and 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at http://access.trade.gov, and is available to all 
parties in the Central Records Unit, room B8024 of the main Department 
of Commerce building. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision 
Memorandum and the electronic version of the Issues and Decision 
Memorandum are identical in content.
---------------------------------------------------------------------------

    \1\ See Welded Line Pipe From the Republic of Korea: Preliminary 
Negative Countervailing Duty Determination and Alignment of Final 
Determination With Final Antidumping Duty Determination, 80 FR 14907 
(March 20, 2015) (Preliminary Determination).
    \2\ See Memorandum to Paul Piquado, ``Countervailing Duty 
Investigation of Welded Line Pipe from the Republic of Korea: Issues 
and Decision Memorandum for the Final Negative Determination'' 
(October 5, 2015) (Issues and Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

    The scope of the investigation covers welded line pipe, which is 
carbon and alloy steel pipe of a kind used for oil or gas pipelines, 
not more than 24 inches in nominal outside diameter. For a complete 
description of the scope of the investigation, see Appendix I.

Analysis of Subsidy Programs and Comments Received

    The subsidy programs under investigation and the issues raised in 
the case and rebuttal briefs by parties in this investigation are 
discussed in the Issues and Decision Memorandum, dated concurrently 
with this notice. A list of the issues that parties raised, and to 
which we responded in the Issues and Decision Memorandum, is attached 
to this notice as Appendix II.

Final Determination

    We determine the countervailable subsidy rates to be:

------------------------------------------------------------------------
                 Company                           Subsidy rate
------------------------------------------------------------------------
SeAH Steel Corporation..................  0.44 percent (de minimis)
NEXTEEL Co., Ltd........................  0.28 percent (de minimis)
------------------------------------------------------------------------

    Because the total estimated net countervailable subsidy rate for 
each examined company is de minimis, we determine that countervailable 
subsidies are not being provided to producers or exporters of welded 
line pipe from Korea. We did not calculate an all-others rate pursuant 
to sections 705(c)(1)(B) and (c)(5) of the Tariff Act of 1930, as 
amended (the Act) because we did not reach an affirmative final 
determination. Because our final determination is negative, this 
proceeding is terminated in accordance with section 705(c)(2) of the 
Act.
    In the Preliminary Determination, the total net countervailable 
subsidy rates for the individually examined respondents were de minimis 
and, therefore, we did not suspend liquidation of entries of welded 
line pipe from Korea. Because the estimated subsidy rates for the 
examined companies are de minimis in this final determination, we are 
not directing U.S. Customs and Border Protection to suspend liquidation 
of entries of welded line pipe from Korea.

International Trade Commission (ITC) Notification

    In accordance with section 705(d) of the Act, we will notify the 
ITC of our final determination. Because our final determination is 
negative, this investigation is terminated.

Return or Destruction of Proprietary Information

    This notice serves as the only reminder to parties subject to the 
administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance

[[Page 61366]]

with 19 CFR 351.305(a)(3). Timely written notification of the return/
destruction of APO materials or conversion to judicial protective order 
is hereby requested. Failure to comply with the regulations and terms 
of an APO is a violation which is subject to sanction.
    This determination is issued and published pursuant to sections 
705(d) and 777(i) of the Act.

    Dated: October 5, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The merchandise covered by this investigation is circular welded 
carbon and alloy steel (other than stainless steel) pipe of a kind 
used for oil or gas pipelines (welded line pipe), not more than 24 
inches in nominal outside diameter, regardless of wall thickness, 
length, surface finish, end finish, or stenciling. Welded line pipe 
is normally produced to the American Petroleum Institute (API) 
specification 5L, but can be produced to comparable foreign 
specifications, to proprietary grades, or can be non-graded 
material. All pipe meeting the physical description set forth above, 
including multiple-stenciled pipe with an API or comparable foreign 
specification line pipe stencil is covered by the scope of this 
investigation.
    The welded line pipe that is subject to this investigation is 
currently classifiable in the Harmonized Tariff Schedule of the 
United States (HTSUS) under subheadings 7305.11.1030, 7305.11.5000, 
7305.12.1030, 7305.12.5000, 7305.19.1030, 7305.19.5000, 
7306.19.1010, 7306.19.1050, 7306.19.5110, and 7306.19.5150. The 
subject merchandise may also enter in HTSUS 7305.11.1060 and 
7305.12.1060. While the HTSUS subheadings are provided for 
convenience and customs purposes, the written description of the 
scope of this investigation is dispositive.

Appendix II

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Investigation
IV. Use of Facts Otherwise Available
V. Subsidies Valuation
VI. Analysis of Programs
VII. Analysis of Comments
    1. Electricity for Less Than Adequate Remuneration (LTAR)
    2. Unreported Subsidies
    3. Specificity of RSTA Tax Programs
    4. Special Rural Development Tax
    5. Husteel as a Mandatory or Voluntary Respondent
VIII. Recommendation

[FR Doc. 2015-25967 Filed 10-9-15; 8:45 a.m.]
BILLING CODE 3510-DS-P