Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From the Republic of Turkey: Postponement of Preliminary Determination in the Countervailing Duty Investigation, 62023-62024 [2015-26274]

Download as PDF Federal Register / Vol. 80, No. 199 / Thursday, October 15, 2015 / Notices U.S. International Trade Commission (‘‘ITC’’) Notification Verification As provided in section 782(i)(1) of the Act, the Department intends to verify the information submitted by OCTAL and its affiliates prior to making a final determination in this investigation. mstockstill on DSK4VPTVN1PROD with NOTICES date, time, and location of the hearing two days before the scheduled date. In accordance with section 733(f) of the Act, we will notify the ITC of our preliminary affirmative determination of sales at LTFV. Because the preliminary determination in this proceeding is affirmative, section 735(b)(2) of the Act requires that the ITC make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of PET resin from Oman before the later of 120 days after the date of this preliminary determination or 45 days after our final determination. Because we are postponing the deadline for our final determination to 135 days from the date of publication of this preliminary determination, as discussed above, the ITC will make its final determination no later than 45 days after our final determination. This determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c). Postponement of Final Determination and Extension of Provisional Measures Section 735(a)(2) of the Act provides that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination if, in the event of an affirmative preliminary determination, a request for such postponement is made by exporters who account for a significant proportion of exports of the subject merchandise, or in the event of a negative preliminary determination, a request for such postponement is made by the petitioner. 19 CFR 351.210(e)(2) requires that requests by respondents for postponement of a final antidumping determination be accompanied by a request for extension of provisional measures from a four-month period to a period not more than six months in duration. OCTAL requested that, contingent upon an affirmative preliminary determination of sales at LTFV for OCTAL, the Department postpone its final determination pursuant to 19 CFR 351.210(e)(2).7 In addition, OCTAL requested to extend the application of the provisional measures prescribed under section 733(d) of the Act and 19 CFR 351.210(e)(2), from a four-month period to a period not to exceed six months. In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii) and (e)(2), because: (1) Our preliminary determination is affirmative; (2) the requesting exporter accounts for a significant proportion of exports of the subject merchandise; and (3) no compelling reasons for denial exist, we are postponing the final determination and extending the provisional measures from a four-month period to a period not greater than six months. Accordingly, we will make our final determination no later than 135 days after the date of publication of this preliminary determination, pursuant to section 735(a)(2) of the Act.8 7 See Letter from OCTAL to the Secretary of Commerce ‘‘OCTAL’s Request for Extension of Final Determination and Provisional Measures Certain Polyethylene Terephthalate (PET) Resin from the Sultanate of Oman,’’ dated September 24, 2015. 8 See 19 CFR 351.210(e). VerDate Sep<11>2014 17:19 Oct 14, 2015 Jkt 238001 Dated: October 6, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix I: List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Postponement of Preliminary Determination V. Postponement of Final Determination and Extension of Provisional Measures VI. Scope of the Investigation VII. Scope Comments VIII. Discussion of Methodology A. Fair Value Comparisons 1. Determination of the Comparison Method 2. Results of the Differential Pricing Analysis B. Product Comparisons C. Date of Sale D. U.S. Price E. Normal Value 1. Comparison-Market Viability 2. Level of Trade 3. Calculation of Normal Value Based on Comparison Market Prices 4. Calculation of Normal Value Based on Constructed Value F. Cost of Production 1. Calculation of COP 2. Test of Comparison Market Sales Prices 3. Results of COP Test IX. Currency Conversion X. Verification XI. Recommendation [FR Doc. 2015–26261 Filed 10–14–15; 8:45 am] BILLING CODE 3510–DS–P PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 62023 DEPARTMENT OF COMMERCE International Trade Administration [C–489–825] Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From the Republic of Turkey: Postponement of Preliminary Determination in the Countervailing Duty Investigation Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Effective Date: October 15, 2015. FOR FURTHER INFORMATION CONTACT: Reza Karamloo at (202) 482–4470 or Rebecca Trainor at (202) 482–4007, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: AGENCY: Background On August 10, 2015, the Department of Commerce (the Department) initiated the countervailing duty (CVD) investigation of heavy walled rectangular welded carbon steel pipes and tubes from the Republic of Turkey.1 Currently, the preliminary determination is due no later than October 14, 2015. Postponement of the Preliminary Determination Section 703(b)(1) of the Tariff Act of 1930, as amended (the Act), requires the Department to issue the preliminary determination in a CVD investigation within 65 days after the date on which the Department initiated the investigation. However, if the Department concludes that the parties concerned are cooperating, and that the case is extraordinarily complicated such that additional time is necessary to make the preliminary determination, section 703(c)(1)(B) of the Act allows the Department to postpone making the preliminary determination until no later than 130 days after the date on which the administering authority initiated the investigation. We have concluded that the parties concerned are cooperating and that the case is extraordinarily complicated, such that we need more time to make the preliminary determination. Specifically, the analysis will involve not only the usual consideration of financial contribution and specificity for numerous programs, 1 See Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from the Republic of Turkey: Initiation of Countervailing Duty Investigation, 80 FR 49207 (August 17, 2015). E:\FR\FM\15OCN1.SGM 15OCN1 62024 Federal Register / Vol. 80, No. 199 / Thursday, October 15, 2015 / Notices but will also involve the more complex consideration of the provision for less than adequate remuneration for several inputs. The deadline for completion of the preliminary determination is now December 18, 2015. We also note that, on September 30, 2015, the petitioners 2 in this investigation, requested that the deadline for the preliminary determination be postponed to 130 days from the date of initiation in accordance with 19 CFR 351.205(b)(2). This notice is issued and published pursuant to section 703(c)(2) of the Act and 19 CFR 351.205(f)(l).3 Dated: October 7, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2015–26274 Filed 10–14–15; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–024] Certain Polyethylene Terephthalate Resin From the People’s Republic of China: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Effective Date: October 15, 2015. SUMMARY: The Department of Commerce (the Department) preliminarily determines that certain polyethylene terephthalate resin (PET resin) from the People’s Republic of China (PRC) is being, or is likely to be, sold in the United States at less than fair value (LTFV), as provided in section 733 of the Tariff Act of 1930, as amended (the Act). The period of investigation (POI) is July 1, 2014, through December 31, 2014. The estimated margins of sales at LTFV are shown in the ‘‘Preliminary Determination’’ section of this notice. Interested parties are invited to mstockstill on DSK4VPTVN1PROD with NOTICES AGENCY: 2 The petitioners are 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. 3 We acknowledge that the Department inadvertently did not notify the parties to this investigation of this postponement within the timeframe provided in section 703(c)(2) of the Act. VerDate Sep<11>2014 17:19 Oct 14, 2015 Jkt 238001 comment on this preliminary determination. FOR FURTHER INFORMATION CONTACT: Steve Bezirganian or Tyler Weinhold, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–1131 or (202) 482–1121, respectively. SUPPLEMENTARY INFORMATION: Background The Department published the notice of initiation of this investigation on April 6, 2015.1 Pursuant to section 733(c)(1)(A) of the Act, the Department postponed this preliminary LTFV determination by 50 days until October 6, 2015.2 Scope of the Investigation The merchandise covered by this investigation is polyethylene terephthalate (PET) resin. The merchandise subject to this investigation is properly classified under subheading 3907.60.00.30 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheading is provided for convenience and customs purposes, the written description of the merchandise under investigation is dispositive. For a full description of the scope of this investigation, see the Preliminary Decision Memorandum hereby adopted by this notice.3 The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System 1 See Certain Polyethylene Terephthalate Resin From Canada, the People’s Republic of China, India, and the Sultanate of Oman: Initiation of LessThan-Fair-Value Investigations, 80 FR 18376 (April 6, 2015) (Initiation Notice). 2 See Certain Polyethylene Terephthalate Resin from Canada, the People’s Republic of China, India, and the Sultanate of Oman: Postponement of Preliminary Determinations of Antidumping Duty Investigations, 80 FR 45640 (July 31, 2015). 3 See ‘‘Decision Memorandum for the Preliminary Determination of the Antidumping Duty Investigation of Certain Polyethylene Terephthalate Resin from the People’s Republic of China from the People’s Republic of China,’’ from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, dated concurrently with this notice (Preliminary Decision Memorandum). PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 (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 Preliminary Decision Memorandum can be accessed directly on the Internet at http:// trade.gov/enforcement/frn/. The signed Preliminary Decision Memorandum and the electronic version of the Preliminary Decision Memorandum are identical in content. Scope Comments The Initiation Notice provided interested parties an opportunity to raise issues regarding product coverage (scope). However, no interested party provided scope comments. Methodology The Department is conducting this investigation in accordance with section 731 of the Act. We calculated export prices and constructed export prices in accordance with section 772 of the Act. Because the PRC is a non-market economy within the meaning of section 771(18) of the Act, normal value (NV) was calculated in accordance with section 773(c) of the Act. For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum hereby adopted by this notice. Combination Rates In the Initiation Notice,4 the Department stated that it would calculate combination rates for the respondents that are eligible for a separate rate in this investigation. Policy Bulletin 05.1 describes this practice.5 Preliminary Determination The Department preliminarily determines that the following weightedaverage dumping margins exist during the period July 1, 2014, through December 31, 2014: 4 See Initiation Notice, 80 FR at 18381–82. Enforcement and Compliance’s Policy Bulletin No. 05.1, regarding, ‘‘Separate-Rates Practice and Application of Combination Rates in Antidumping Investigations involving Non-Market Economy Countries,’’ (April 5, 2005) (Policy Bulletin 05.1), available on the Department’s Web site at http://enforcement.trade.gov/policy/bull051.pdf. 5 See E:\FR\FM\15OCN1.SGM 15OCN1

Agencies

[Federal Register Volume 80, Number 199 (Thursday, October 15, 2015)]
[Notices]
[Pages 62023-62024]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-26274]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[C-489-825]


Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From 
the Republic of Turkey: Postponement of Preliminary Determination in 
the Countervailing Duty Investigation

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

DATES: Effective Date: October 15, 2015.

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

SUPPLEMENTARY INFORMATION:

Background

    On August 10, 2015, the Department of Commerce (the Department) 
initiated the countervailing duty (CVD) investigation of heavy walled 
rectangular welded carbon steel pipes and tubes from the Republic of 
Turkey.\1\ Currently, the preliminary determination is due no later 
than October 14, 2015.
---------------------------------------------------------------------------

    \1\ See Heavy Walled Rectangular Welded Carbon Steel Pipes and 
Tubes from the Republic of Turkey: Initiation of Countervailing Duty 
Investigation, 80 FR 49207 (August 17, 2015).
---------------------------------------------------------------------------

Postponement of the Preliminary Determination

    Section 703(b)(1) of the Tariff Act of 1930, as amended (the Act), 
requires the Department to issue the preliminary determination in a CVD 
investigation within 65 days after the date on which the Department 
initiated the investigation. However, if the Department concludes that 
the parties concerned are cooperating, and that the case is 
extraordinarily complicated such that additional time is necessary to 
make the preliminary determination, section 703(c)(1)(B) of the Act 
allows the Department to postpone making the preliminary determination 
until no later than 130 days after the date on which the administering 
authority initiated the investigation. We have concluded that the 
parties concerned are cooperating and that the case is extraordinarily 
complicated, such that we need more time to make the preliminary 
determination. Specifically, the analysis will involve not only the 
usual consideration of financial contribution and specificity for 
numerous programs,

[[Page 62024]]

but will also involve the more complex consideration of the provision 
for less than adequate remuneration for several inputs. The deadline 
for completion of the preliminary determination is now December 18, 
2015.
    We also note that, on September 30, 2015, the petitioners \2\ in 
this investigation, requested that the deadline for the preliminary 
determination be postponed to 130 days from the date of initiation in 
accordance with 19 CFR 351.205(b)(2).
---------------------------------------------------------------------------

    \2\ The petitioners are 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.
---------------------------------------------------------------------------

    This notice is issued and published pursuant to section 703(c)(2) 
of the Act and 19 CFR 351.205(f)(l).\3\
---------------------------------------------------------------------------

    \3\ We acknowledge that the Department inadvertently did not 
notify the parties to this investigation of this postponement within 
the timeframe provided in section 703(c)(2) of the Act.

    Dated: October 7, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-26274 Filed 10-14-15; 8:45 am]
 BILLING CODE 3510-DS-P