Circular Welded Carbon-Quality Steel Pipe From Pakistan: Initiation of Countervailing Duty Investigation, 73704-73708 [2015-29946]
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Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Notices
on respondents, including through the
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Comments submitted in response to
this notice will be summarized and/or
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approval of this information collection;
they also will become a matter of public
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Dated: November 19, 2015.
Glenna Mickelson,
Management Analyst, Office of the Chief
Information Officer.
[FR Doc. 2015–29932 Filed 11–24–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–535–904]
Circular Welded Carbon-Quality Steel
Pipe From Pakistan: Initiation of
Countervailing Duty Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: November 17,
2015.
domestic producers of circular welded
pipe.3
On November 2, 2015, the Department
requested supplemental information
pertaining to certain areas of the
Petition.4 Petitioners filed responses to
these requests on November 4, 2015.5
Petitioners submitted additional
supplemental information on November
9, 2015,6 and November 10, 2015.7
In accordance with section 702(b)(1)
of the Tariff Act of 1930, as amended
(the Act), Petitioners allege that the
Government of Pakistan (GOP) is
providing countervailable subsidies,
within the meaning of sections 701 and
771(5) of the Act, to imports of circular
welded pipe from Pakistan 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, for those alleged programs in
Pakistan on which we have initiated a
CVD investigation, the Petition is
accompanied by information reasonably
available to Petitioners supporting their
allegations.
AGENCY:
FOR FURTHER INFORMATION CONTACT:
Kaitlin Wojnar at (202) 482–3857, Office
VII, AD/CVD Operations, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
The Petition
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On October 28, 2015, the Department
of Commerce (the Department) received
a countervailing duty (CVD) petition
concerning imports of circular welded
carbon-quality steel pipe (circular
welded pipe) from Pakistan, filed in
proper form on behalf of Bull Moose
Tube Company, EXLTUBE, Wheatland
Tube Company, and Western Tube and
Conduit (collectively, Petitioners).1 The
CVD petition was accompanied by an
antidumping duty (AD) petition
concerning imports of circular welded
pipe from Pakistan.2 Petitioners are
1 See Letter from Petitioners, ‘‘Petitions for the
Imposition of Antidumping and Countervailing
Duties: Circular Welded Carbon-Quality Steel Pipe
from the Sultanate of Oman, Pakistan, the
Philippines, the United Arab Emirates, and the
Socialist Republic of Vietnam,’’ October 28, 2015
(the Petition), Volumes I and IV.
2 Id., Volume II. Petitioners also filed AD
petitions regarding the Sultanate of Oman, the
Republic of the Philippines, the United Arab
Emirates, and the Socialist Republic of Vietnam.
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3 Id.,
Volume I at 2.
Letter from the Department, ‘‘Petitions for
the Imposition of Antidumping and Countervailing
Duties on Imports of Circular Welded Pipe from
Pakistan: Supplemental Questions,’’ November 2,
2015 (General Issues Supplemental Questionnaire);
Letter from the Department, ‘‘Petition for the
Imposition of Countervailing Duties on Imports of
Circular Welded Pipe from Pakistan: Supplemental
Questions,’’ November 2, 2015.
5 See Letter from Petitioners, ‘‘Response to
Supplemental Questions Regarding Petitions for the
Imposition of Antidumping Duties on Imports of
Circular Welded Carbon-Quality Steel Pipe from the
Sultanate of Oman, Pakistan, the Republic of the
Philippines, the United Arab Emirates, and the
Socialist Republic of Vietnam and Countervailing
Duties on Imports of Circular Welded CarbonQuality Steel Pipe from Pakistan,’’ November 4,
2015 (General Issues Supplement); see also Letter
from Petitioners, ‘‘Circular Welded Carbon-Quality
Steel Pipe from Pakistan: Response to the
Department’s November 2, 2015 Questionnaire
Regarding Volume IV of the Petitions for the
Imposition of Antidumping and Countervailing
Duties,’’ November 4, 2015.
6 See Letter from Petitioners, ‘‘Petitions for the
Imposition of Antidumping Duties on Imports of
Circular Welded Carbon-Quality Steel Pipe from the
Sultanate of Oman, Pakistan, the Republic of the
Philippines, the United Arab Emirates, and the
Socialist Republic of Vietnam and Countervailing
Duties on Imports of Circular Welded Carbon
Quality-Steel Pipe from Pakistan: Response to
Issues Identified in the November 6, 2015 Phone
Call,’’ November 9, 2015 (Second General Issues
Supplement).
7 See Letter from Petitioners, ‘‘Petitions for the
Imposition of Antidumping Duties on Imports of
Circular Welded Carbon-Quality Steel Pipe from the
Sultanate of Oman, Pakistan, the Republic of the
Philippines, the United Arab Emirates, and the
Socialist Republic of Vietnam and Countervailing
Duties on Imports of Circular Welded Carbon
Quality-Steel Pipe from Pakistan: Second Response
to Issues Identified in the November 6, 2015 Phone
Call,’’ November 10, 2015 (Third General Issues
Supplement).
4 See
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The Department finds that Petitioners
filed the Petition on behalf of the
domestic industry because Petitioners
are interested parties as defined in
section 771(9)(C) of the Act. The
Department also finds that Petitioners
demonstrated sufficient industry
support with respect to the initiation of
the CVD investigation that Petitioners
are requesting.8
Period of Investigation
The period of investigation is January
1, 2014, through December 31, 2014.9
Scope of the Investigation
The product covered by this
investigation is circular welded carbonquality steel pipe from Pakistan. For a
full description of the scope of this
investigation, see Appendix I of this
notice.
Comments on Scope of the Investigation
During our review of the Petition, the
Department issued questions to and
received responses from 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.10 As
discussed in the preamble to the
Department’s regulations,11 we are
setting aside a period for interested
parties to raise issues regarding product
coverage (i.e., scope). The Department
will consider all comments received
from interested parties and, if necessary,
will consult with the interested parties
prior to the issuance of the preliminary
determination. If scope comments
include factual information,12 all such
factual information should be limited to
public information. In order to facilitate
preparation of its questionnaire, the
Department requests all interested
parties to submit such comments by
5:00 p.m. Eastern Time (ET) on Monday,
December 7, 2015, which is 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,
December 17, 2015, which is 10
calendar days after the initial comments
deadline.
The Department requests that any
factual information the parties consider
8 See ‘‘Determination of Industry Support for the
Petition’’ section, below.
9 See 19 CFR 351.204(b)(2).
10 See General Issues Supplemental
Questionnaire; see also General Issues Supplement;
Second General Issues Supplement.
11 See Antidumping Duties; Countervailing
Duties; Final Rule, 62 FR 27296, 27323 (May 19,
1997).
12 See 19 CFR 351.102(b)(21).
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relevant to the scope of the investigation
be submitted during this time period.
However, if a party subsequently finds
that additional factual information
pertaining to the scope of the
investigation 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 record of the concurrent
AD investigation, as well as the AD
investigations of circular welded pipe
from the Sultanate of Oman, the
Republic of the Philippines, the United
Arab Emirates, and the Socialist
Republic of Vietnam.
Filing Requirements
All submissions to the Department
must be filed electronically using
Enforcement and Compliance’s
Antidumping Duty and Countervailing
Duty Centralized Electronic Service
System (ACCESS).13 An electronicallyfiled document must be received
successfully in its entirety by the time
and date it is due. Documents excepted
from the electronic submission
requirements must be filed manually
(i.e., in paper form) with Enforcement
and Compliance’s APO/Dockets Unit,
Room 18022, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230,
and stamped with the date and time of
receipt by the applicable deadlines.
Consultations
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Pursuant to section 702(b)(4)(A)(i) of
the Act, the Department notified
representatives of the GOP of the receipt
of the Petition. Also, in accordance with
section 702(b)(4)(A)(ii) of the Act, the
Department provided representatives of
the GOP the opportunity for
consultations with respect to the CVD
allegations.14 Such consultations were
held at the Department’s main building
on November 9, 2015.15
13 See 19 CFR 351.303 (for general filing
requirements); see also 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%20
Filling%20Procedures.pdf.
14 See Letter from the Department, ‘‘Petitions for
Countervailing Duties on Circular Welded CarbonQuality Steel Pipe from Pakistan,’’ October 28,
2015.
15 See Department Memorandum,
‘‘Countervailing Duty Petition on Circular Welded
Carbon-Quality Steel Pipe from Pakistan:
Consultations with the Government of Pakistan,’’
November 9, 2015.
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Determination of Industry Support for
the Petition
Section 702(b)(1) of the Act requires
that a petition be filed on behalf of the
domestic industry. Section 702(c)(4)(A)
of the Act provides that a petition meets
this requirement if the domestic
producers or workers who support the
petition account for: (i) At least 25
percent of the total production of the
domestic like product, and (ii) more
than 50 percent of the production of the
domestic like product produced by that
portion of the industry expressing
support for, or opposition to, the
petition. Moreover, section 702(c)(4)(D)
of the Act provides that, if the petition
does not establish support of domestic
producers or workers accounting for
more than 50 percent of the total
production of the domestic like product,
the Department shall: (i) Poll the
industry or rely on other information in
order to determine if there is support for
the petition, as required by
subparagraph (A), or (ii) determine
industry support using a statistically
valid sampling method to poll the
‘‘industry.’’
Section 771(4)(A) of the Act defines
the ‘‘industry’’ as the producers as a
whole of a domestic like product. Thus,
to determine whether a petition has the
requisite industry support, the statute
directs the Department to look to
producers and workers who produce the
domestic like product. The U.S.
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,16 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.17
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
16 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)).
17 See
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‘‘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, Petitioners do not offer a
definition of the domestic like product
distinct from the scope of the
investigation. Based on our analysis of
the information submitted on the
record, we have determined that
circular welded pipe constitutes a single
domestic like product and we have
analyzed industry support in terms of
that domestic like product.18
In determining whether Petitioners
have standing under section
702(c)(4)(A) of the Act, we considered
the industry support data contained in
the Petition with reference to the
domestic like product as defined in the
‘‘Scope of the Investigation,’’ at
Appendix I of this notice. To establish
industry support, Petitioners provided
their shipments of the domestic like
product in 2014, then compared their
shipments to the estimated total
shipments domestic like product for the
entire domestic industry.19 Because
total industry production data for the
domestic like product for 2014 is not
reasonably available and Petitioners
have established that shipments are a
reasonable proxy for production data,20
we have relied upon the shipment data
provided by Petitioners for purposes of
measuring industry support.21
Our review of the data provided in the
Petition, General Issues Supplement,
Second General Issues Supplement,
Third General Issues Supplement, and
other information readily available to
the Department indicates that
Petitioners have established industry
support.22 First, the Petition establishes
support from domestic producers (or
workers) accounting for more than 50
percent of the total shipments 23 of the
18 For a discussion of the domestic like product
analysis in this case, see Countervailing Duty
Investigation Initiation Checklist: Circular Welded
Carbon-Quality Steel Pipe from Pakistan (Pakistan
CVD Initiation Checklist), at Attachment II—
Analysis of Industry Support (Attachment II). This
checklist is dated concurrently with this notice and
on file electronically via ACCESS. Access to
documents filed via ACCESS is also available in the
Central Records Unit, Room B8024 of the
Department’s main building.
19 See General Issues Supplement at 3–6, Exhibit
I–13, and Exhibit I–14; see also Second General
Issues Supplement at 1, Exhibits I–17 through I–19;
Third General Issues Supplement at Exhibit I–21.
20 See Petition, Volume I at 3 and Exhibit I–2; see
also General Issues Supplement at 3–4, Exhibits I–
13, and Exhibit I–14.
21 For further discussion, see Pakistan CVD
Initiation Checklist at Attachment II.
22 Id.
23 As mentioned above, Petitioners have
established that shipments are a reasonable proxy
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domestic like product and, as such, the
Department is not required to take
further action in order to evaluate
industry support (e.g., polling).24
Second, the domestic producers (or
workers) have met the statutory criteria
for industry support under section
702(c)(4)(A)(i) of the Act because the
domestic producers (or workers) who
support the Petition account for at least
25 percent of the total shipments of the
domestic like product.25 Finally, the
domestic producers (or workers) have
met the statutory criteria for industry
support under section 702(c)(4)(A)(ii) of
the Act because the domestic producers
(or workers) who support the Petition
account for more than 50 percent of the
shipments of the domestic like product
produced by that portion of the industry
expressing support for, or opposition to,
the Petition.26 Accordingly, the
Department determines that the Petition
was filed on behalf of the domestic
industry within the meaning of section
702(b)(1) of the Act.
The Department finds that Petitioners
filed the Petition on behalf of the
domestic industry because they are
interested parties as defined in section
771(9)(C) of the Act and they have
demonstrated sufficient industry
support with respect to the CVD
investigation that they are requesting
the Department initiate.27
Injury Test
Because Pakistan is a ‘‘Subsidies
Agreement Country,’’ within the
meaning of section 701(b) of the Act,
section 701(a)(2) of the Act applies to
this investigation. Accordingly, the ITC
must determine whether imports of the
subject merchandise from Pakistan
materially injures, or threatens material
injury to, a U.S. industry.
Allegations and Evidence of Material
Injury and Causation
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Petitioners allege that imports of the
subject merchandise are benefitting
from countervailable subsidies and that
such imports are causing, or threaten to
cause, material injury to the U.S.
industry producing the domestic like
product. Petitioners allege that subject
imports from Pakistan exceed the
negligibility threshold provided for
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.’’
24 See section 702(c)(4)(D) of the Act; see also
Pakistan CVD Initiation Checklist at Attachment II.
25 See Pakistan CVD Initiation Checklist at
Attachment II.
26 Id.
27 Id.
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under the Act.28 In CVD investigations,
section 771(24)(B) of the Act provides
that imports of subject merchandise
must exceed a negligibility threshold of
three percent. Section 771(24)(B) of the
Act, however, provides that imports of
subject merchandise from developing
and least-developed countries must
exceed a negligibility threshold of four
percent.29 Petitioners demonstrate that
subject imports from Pakistan, which
has been designated as a leastdeveloped country under section
771(36)(B) of the Act, exceed the four
percent negligibility threshold provided
for under section 771(24)(B) of the
Act.30
Petitioners contend that the industry’s
injured condition is illustrated by
reduced market share, underselling and
price suppression or depression, lost
sales and revenues, reduced shipments
and a plant closure leading to job losses,
increased inventories and inventory
overhang in the U.S. market, and
decline in profitability.31 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.32
Initiation of CVD Investigation
Section 702(b)(1) of the Act requires
the Department to initiate a CVD
investigation whenever an interested
party files a CVD petition on behalf of
an industry that (1) alleges the elements
necessary for an imposition of a duty
under section 701(a) of the Act and (2)
is accompanied by information
reasonably available to Petitioners
supporting the allegations.
Petitioners allege that producers/
exporters of circular welded pipe in
Pakistan benefit from countervailable
subsidies bestowed by the GOP. The
Department examined the Petition and
finds that it complies with the
requirements of section 702(b)(1) of the
Act. Therefore, in accordance with
section 702(b)(1) of the Act, we are
initiating a CVD investigation to
determine whether manufacturers,
producers, and/or exporters of circular
welded pipe from Pakistan receive
countervailable subsidies from the GOP.
On June 29, 2015, the President of the
United States signed into law the Trade
Preferences Extension Act of 2015,
which made numerous amendments to
the AD and CVD law.33 The 2015 law
does not specify dates of application for
those amendments. On August 6, 2015,
the Department published an
interpretative rule, in which it
announced the applicability dates for
each amendment to the Act, except for
amendments contained in section 771(7)
of the Act, which relate to
determinations of material injury by the
ITC.34 The amendments to sections 776
and 782 of the Act are applicable to all
determinations made on or after August
6, 2015, and, therefore, apply to this
CVD investigation.35
Based on our review of the petition,
we find that there is sufficient
information to initiate a CVD
investigation on all of the 14 alleged
programs in Pakistan. For a full
discussion of the basis for our decision
to initiate on each program, see the CVD
Initiation Checklist. A public version of
the initiation checklist for this
investigation is available on ACCESS.
In accordance with section 703(b)(1)
of the Act and 19 CFR 351.205(b)(1),
unless postponed, we will make our
preliminary determination no later than
65 days after the date of this initiation.
Respondent Selection
Petitioners named six companies as
producers/exporters of circular welded
pipe in Pakistan.36 Following standard
practice in CVD investigations, the
Department will, where appropriate,
select respondents based on U.S.
Customs and Border Protection (CBP)
data for U.S. imports of circular welded
pipe during the POI under the following
Harmonized Tariff Schedule of the
United States numbers: 7306.30.1000,
7306.30.5025, 7306.30.5032,
7306.30.5040, 7306.30.5055,
7306.30.5085, and 7306.30.5090. We
intend to release CBP data under
Administrative Protective Order (APO)
to all parties with access to information
protected by APO within five business
days of publication of this Federal
Register notice. Comments regarding the
CBP data and respondent selection
should be submitted seven calendar
days after the placement of the CBP data
28 See Petition, Volume I at 17–18, Exhibit I–7,
and Exhibit I–8; see also General Issues Supplement
at 8–10 and Exhibit I–11.
29 See Pakistan CVD Initiation Checklist at
Attachment III.
30 Id.
31 See Petition, Volume I at 15–23, Exhibits I–6
through I–9; see also General Issues Supplement at
6–10, Exhibit I–11, Exhibit I–13, and Exhibit I–15.
32 See Pakistan CVD Initiation Checklist at
Attachment III.
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33 See Trade Preferences Extension Act of 2015,
Public Law 114–27, 129 Stat. 362 (2015).
34 See Dates of Application of Amendments to the
Antidumping and Countervailing Duty Laws Made
by the Trade Preferences Extension Act of 2015, 80
FR 46793 (August 6, 2015) (Applicability Notice).
The 2015 amendments may be found at https://
www.congress.gov/bill/114th-congress/house-bill/
1295/text/pl.
35 See Applicability Notice, 80 FR at 46794–95.
36 See Petition, Volume I at Exhibit I–4.
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on the record of this investigation.
Parties wishing to submit rebuttal
comments should submit those
comments five calendar days after the
deadline for initial comments.
Comments must be filed
electronically using ACCESS. An
electronically-filed document must be
received successfully, in its entirety, by
ACCESS no later than 5:00 p.m. ET on
the date noted above. We intend to
make our decision regarding respondent
selection within 20 days of publication
of this notice. Interested parties must
submit applications for disclosure under
APO in accordance with 19 CFR
351.305(b). Instructions for filing such
applications may be found on the
Department’s Web site at http://
enforcement.trade.gov/apo.
Distribution of Copies of the Petition
In accordance with section
702(b)(4)(A)(i) of the Act and 19 CFR
351.202(f), a copy of the public version
of the Petition has been provided to the
GOP via ACCESS. To the extent
practicable, we will attempt to provide
a copy of the public version of the
Petition to each known exporter (as
named in the Petition), consistent with
19 CFR 351.203(c)(2).
ITC Notification
We will notify the ITC of our
initiation, as required by section 702(d)
of the Act.
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Preliminary Determinations by the ITC
The ITC will preliminarily determine,
within 45 days after the date on which
the Petition was filed, whether there is
a reasonable indication that imports of
circular welded pipe from Pakistan are
materially injuring, or threatening
material injury to, a U.S. industry.37 A
negative ITC determination will result
in the investigation being terminated.38
Otherwise, this investigation will
proceed according to statutory and
regulatory time limits.
Submission of Factual Information
Factual information is defined in 19
CFR 351.102(b)(21) as: (i) evidence
submitted in response to questionnaires;
(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). 19 CFR 351.301(b)
requires any party, when submitting
37 See
38 See
section 703(a)(2) of the Act.
section 703(a)(1) of the Act.
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19:15 Nov 24, 2015
factual information, to specify under
which subsection of 19 CFR
351.102(b)(21) the information is being
submitted and, if the information is
submitted to rebut, clarify, or correct
factual information already on the
record, to provide an explanation
identifying the information already on
the record that the factual information
seeks to rebut, clarify, or correct. Time
limits for the submission of factual
information are addressed in 19 CFR
351.301, which provides specific time
limits based on the type of factual
information being submitted. Parties
should review the regulations prior to
submitting factual information in this
investigation.
Extension of Time Limits Regulation
Parties may request an extension of
time limits before the expiration of a
time limit established under 19 CFR
351.301, or as otherwise specified by the
Secretary. In general, an extension
request will be considered untimely if it
is filed after the expiration of the time
limit established under 19 CFR 351.301
expires. For submissions that are due
from multiple parties simultaneously,
an extension request will be considered
untimely if it is filed after 10:00 a.m. on
the due date. Under certain
circumstances, we may elect to specify
a different time limit by which
extension requests will be considered
untimely for submissions which are due
from multiple parties simultaneously. In
such a case, we will inform parties in
the letter or memorandum setting forth
the deadline (including a specified time)
by which extension requests must be
filed to be considered timely. An
extension request must be made in a
separate, stand-alone submission; under
limited circumstances we will grant
untimely-filed requests for the extension
of time limits. Review Extension of
Time Limits; Final Rule, 78 FR 57790
(September 20, 2013), available at
http://www.gpo.gov/fdsys/pkg/FR-201309-20/html/2013-22853.htm, prior to
submitting factual information in this
investigation.
Certification Requirements
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information.39
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
39 See
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73707
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.40 The
Department intends to reject factual
submissions if the submitting party does
not comply with the applicable revised
certification requirements.
Notification to Interested Parties
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305. On
January 22, 2008, the Department
published Antidumping and
Countervailing Duty Proceedings:
Documents Submission Procedures;
APO Procedures, 73 FR 3634 (January
22, 2008). Parties wishing to participate
in this investigation should ensure that
they meet the requirements of these
procedures (e.g., the filing of letters of
appearance as discussed at 19 CFR
351.103(d)).
This notice is issued and published
pursuant to sections 702 and 777(i) of
the Act.
Dated: November 17, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix I—Scope of the Investigation
This investigation covers welded carbonquality steel pipes and tube, of circular crosssection, with an outside diameter (O.D.) not
more than nominal 16 inches (406.4 mm),
regardless of wall thickness, surface finish
(e.g., black, galvanized, or painted), end
finish (plain-end, beveled-end, grooved,
threaded, or threaded and coupled), or
industry specification (e.g., American Society
for Testing and Materials International
(ASTM), proprietary, or other), generally
known as standard pipe, fence pipe and tube,
sprinkler pipe, and structural pipe (although
subject product may also be referred to as
mechanical tubing). Specifically, the term
‘‘carbon-quality’’ includes products in which:
(a) iron predominates, by weight, over each
of the other contained elements;
(b) the carbon content is 2 percent or less, by
weight; and
(c) none of the elements listed below exceeds
the quantity, by weight, as indicated:
(i) 1.80 percent of manganese;
(ii) 2.25 percent of silicon;
(iii) 1.00 percent of copper;
(iv) 0.50 percent of aluminum;
(v) 1.25 percent of chromium;
(vi) 0.30 percent of cobalt;
(vii) 0.40 percent of lead;
(viii) 1.25 percent of nickel;
(ix) 0.30 percent of tungsten;
40 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.
E:\FR\FM\25NON1.SGM
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73708
Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Notices
(x) 0.15 percent of molybdenum;
(xi) 0.10 percent of niobium;
(xii) 0.41 percent of titanium;
(xiii) 0.15 percent of vanadium; or
(xiv) 0.15 percent of zirconium.
Covered products are generally made to
standard O.D. and wall thickness
combinations. Pipe multi-stenciled to a
standard and/or structural specification and
to other specifications, such as American
Petroleum Institute (API) API–5L, is also
covered by the scope of this investigation
when it meets the physical description set
forth above. Covered products may also
possess one or more of the following
characteristics: is 32 feet in length or less; is
less than 2.0 inches (50 mm) in nominal
O.D.; has a galvanized and/or painted (e.g.,
polyester coated) surface finish; or has a
threaded and/or coupled end finish.
Standard pipe is ordinarily made to ASTM
specifications A53, A135, and A795, but can
also be made to other specifications.
Structural pipe is made primarily to ASTM
specifications A252 and A500. Standard and
structural pipe may also be produced to
proprietary specifications rather than to
industry specifications.
Sprinkler pipe is designed for sprinkler fire
suppression systems and may be made to
industry specifications such as ASTM A53 or
to proprietary specifications.
Fence tubing is included in the scope
regardless of certification to a specification
listed in the exclusions below, and can also
be made to the ASTM A513 specification.
Products that meet the physical description
set forth above but are made to the following
nominal outside diameter and wall thickness
combinations, which are recognized by the
industry as typical for fence tubing, are
included despite being certified to ASTM
mechanical tubing specifications:
tkelley on DSK3SPTVN1PROD with NOTICES
O.D. in
inches
(nominal)
1.315
1.315
1.315
1.315
1.315
1.315
1.315
1.660
1.660
1.660
1.660
1.660
1.900
1.900
1.900
1.900
1.900
1.900
2.375
2.375
2.375
2.375
2.375
2.375
2.375
2.875
2.875
3.500
............
............
............
............
............
............
............
............
............
............
............
............
............
............
............
............
............
............
............
............
............
............
............
............
............
............
............
............
VerDate Sep<11>2014
Wall thickness
in inches
(nominal)
Gage
0.035
0.047
0.055
0.065
0.072
0.083
0.095
0.055
0.065
0.083
0.095
0.109
0.047
0.055
0.065
0.072
0.095
0.109
0.047
0.055
0.065
0.072
0.095
0.109
0.120
0.109
0.165
0.109
20
18
17
16
15
14
13
17
16
14
13
12
18
17
16
15
13
12
18
17
16
15
13
12
11
12
8
12
19:15 Nov 24, 2015
Jkt 238001
O.D. in
inches
(nominal)
3.500
4.000
4.000
4.500
............
............
............
............
DEPARTMENT OF COMMERCE
Wall thickness
in inches
(nominal)
Gage
0.165
0.148
0.165
0.203
8
9
8
7
International Trade Administration
The scope of this investigation does not
include:
(a) pipe suitable for use in boilers,
superheaters, heat exchangers, refining
furnaces and feedwater heaters, whether or
not cold drawn, which are defined by
standards such as ASTM A178 or ASTM
A192;
(b) finished electrical conduit, i.e., Electrical
Rigid Steel Conduit (also known as
Electrical Rigid Metal Conduit and
Electrical Rigid Metal Steel Conduit),
Finished Electrical Metallic Tubing, and
Electrical Intermediate Metal Conduit,
which are defined by specifications such as
American National Standard (ANSI)
C80.1–2005, ANSI C80.3–2005, or ANSI
C80.6–2005, and Underwriters Laboratories
Inc. (UL) UL–6, UL–797, or UL–1242;
(c) finished scaffolding, i.e., component parts
of final, finished scaffolding that enter the
United States unassembled as a ‘‘kit.’’ A kit
is understood to mean a packaged
combination of component parts that
contains, at the time of importation, all of
the necessary component parts to fully
assemble final, finished scaffolding;
(d) tube and pipe hollows for redrawing;
(e) oil country tubular goods produced to API
specifications;
(f) line pipe produced to only API
specifications, such as API 5L, and not
multi-stenciled; and
(g) mechanical tubing, whether or not colddrawn, other than what is included in the
above paragraphs.
The products subject to this investigation
are currently classifiable in Harmonized
Tariff Schedule of the United States (HTSUS)
statistical reporting numbers 7306.19.1010,
7306.19.1050, 7306.19.5110, 7306.19.5150,
7306.30.1000, 7306.30.5015, 7306.30.5020,
7306.30.5025, 7306.30.5032, 7306.50.5030,
7306.30.5040, 7306.30.5055, 7306.30.5085,
7306.30.5090, 7306.50.1000, 7306.50.5050,
and 7306.50.5070. However, the product
description, and not the HTSUS
classification, is dispositive of whether the
merchandise imported into the United States
falls within the scope.
[FR Doc. 2015–29946 Filed 11–24–15; 8:45 am]
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[A–523–812, A–535–903, A–565–803, A–520–
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Circular Welded Carbon-Quality Steel
Pipe From the Sultanate of Oman,
Pakistan, the Philippines, the United
Arab Emirates, and the Socialist
Republic of Vietnam: Initiation of LessThan-Fair-Value Investigations
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: November 17,
2015.
AGENCY:
Kate
Johnson at (202) 482–4929 (the
Sultanate of Oman (Oman) and the
United Arab Emirates (UAE)); David
Lindgren at (202) 482–3870 (Pakistan
and the Socialist Republic of Vietnam
(Vietnam)); or Dennis McClure at (202)
482–5973 (the Philippines), AD/CVD
Operations, Enforcement and
Compliance, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
The Petitions
On October 28, 2015, the Department
of Commerce (the Department) received
antidumping duty (AD) petitions
concerning imports of circular welded
carbon-quality steel pipe (circular
welded pipe) from Oman, Pakistan, the
Philippines, the UAE, and Vietnam,
filed in proper form on behalf of Bull
Moose Tube Company; EXLTUBE;
Wheatland Tube, a division of JMC Steel
Group; and Western Tube and Conduit
(Petitioners).1 The AD petitions were
accompanied by a countervailing duty
(CVD) petition on imports from
Pakistan. Petitioners are domestic
producers of circular welded pipe.2
On November 2 and 6, 2015, the
Department requested additional
information and clarification of certain
areas of the Petitions.3 Petitioners filed
1 See Petitions for the Imposition of Antidumping
and Countervailing Duties: Circular Welded
Carbon-Quality Steel Pipe from the Sultanate of
Oman, Pakistan, the Philippines, the United Arab
Emirates, and the Socialist Republic of Vietnam,
dated October 28, 2015 (the Petitions).
2 See Volume I of the Petitions, at 2.
3 See Letter from the Department to Petitioners
entitled ‘‘Re: Petitions for the Imposition of
Antidumping Duties on Imports of Circular Welded
Carbon-Quality Steel Pipe from the Sultanate of
Oman, Pakistan, the Republic of the Philippines,
the United Arab Emirates, and the Socialist
Republic of Vietnam and Countervailing Duties on
Imports of Circular Welded Carbon-Quality Steel
Pipe from Pakistan: Supplemental Questions,’’
dated November 2, 2015 (General Issues
E:\FR\FM\25NON1.SGM
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]]>Agencies
[Federal Register Volume 80, Number 227 (Wednesday, November 25, 2015)]
[Notices]
[Pages 73704-73708]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-29946]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-535-904]
Circular Welded Carbon-Quality Steel Pipe From Pakistan:
Initiation of Countervailing Duty Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Effective Date: November 17, 2015.
FOR FURTHER INFORMATION CONTACT: Kaitlin Wojnar at (202) 482-3857,
Office VII, AD/CVD Operations, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
The Petition
On October 28, 2015, the Department of Commerce (the Department)
received a countervailing duty (CVD) petition concerning imports of
circular welded carbon-quality steel pipe (circular welded pipe) from
Pakistan, filed in proper form on behalf of Bull Moose Tube Company,
EXLTUBE, Wheatland Tube Company, and Western Tube and Conduit
(collectively, Petitioners).\1\ The CVD petition was accompanied by an
antidumping duty (AD) petition concerning imports of circular welded
pipe from Pakistan.\2\ Petitioners are domestic producers of circular
welded pipe.\3\
---------------------------------------------------------------------------
\1\ See Letter from Petitioners, ``Petitions for the Imposition
of Antidumping and Countervailing Duties: Circular Welded Carbon-
Quality Steel Pipe from the Sultanate of Oman, Pakistan, the
Philippines, the United Arab Emirates, and the Socialist Republic of
Vietnam,'' October 28, 2015 (the Petition), Volumes I and IV.
\2\ Id., Volume II. Petitioners also filed AD petitions
regarding the Sultanate of Oman, the Republic of the Philippines,
the United Arab Emirates, and the Socialist Republic of Vietnam.
\3\ Id., Volume I at 2.
---------------------------------------------------------------------------
On November 2, 2015, the Department requested supplemental
information pertaining to certain areas of the Petition.\4\ Petitioners
filed responses to these requests on November 4, 2015.\5\ Petitioners
submitted additional supplemental information on November 9, 2015,\6\
and November 10, 2015.\7\
---------------------------------------------------------------------------
\4\ See Letter from the Department, ``Petitions for the
Imposition of Antidumping and Countervailing Duties on Imports of
Circular Welded Pipe from Pakistan: Supplemental Questions,''
November 2, 2015 (General Issues Supplemental Questionnaire); Letter
from the Department, ``Petition for the Imposition of Countervailing
Duties on Imports of Circular Welded Pipe from Pakistan:
Supplemental Questions,'' November 2, 2015.
\5\ See Letter from Petitioners, ``Response to Supplemental
Questions Regarding Petitions for the Imposition of Antidumping
Duties on Imports of Circular Welded Carbon-Quality Steel Pipe from
the Sultanate of Oman, Pakistan, the Republic of the Philippines,
the United Arab Emirates, and the Socialist Republic of Vietnam and
Countervailing Duties on Imports of Circular Welded Carbon-Quality
Steel Pipe from Pakistan,'' November 4, 2015 (General Issues
Supplement); see also Letter from Petitioners, ``Circular Welded
Carbon-Quality Steel Pipe from Pakistan: Response to the
Department's November 2, 2015 Questionnaire Regarding Volume IV of
the Petitions for the Imposition of Antidumping and Countervailing
Duties,'' November 4, 2015.
\6\ See Letter from Petitioners, ``Petitions for the Imposition
of Antidumping Duties on Imports of Circular Welded Carbon-Quality
Steel Pipe from the Sultanate of Oman, Pakistan, the Republic of the
Philippines, the United Arab Emirates, and the Socialist Republic of
Vietnam and Countervailing Duties on Imports of Circular Welded
Carbon Quality-Steel Pipe from Pakistan: Response to Issues
Identified in the November 6, 2015 Phone Call,'' November 9, 2015
(Second General Issues Supplement).
\7\ See Letter from Petitioners, ``Petitions for the Imposition
of Antidumping Duties on Imports of Circular Welded Carbon-Quality
Steel Pipe from the Sultanate of Oman, Pakistan, the Republic of the
Philippines, the United Arab Emirates, and the Socialist Republic of
Vietnam and Countervailing Duties on Imports of Circular Welded
Carbon Quality-Steel Pipe from Pakistan: Second Response to Issues
Identified in the November 6, 2015 Phone Call,'' November 10, 2015
(Third General Issues Supplement).
---------------------------------------------------------------------------
In accordance with section 702(b)(1) of the Tariff Act of 1930, as
amended (the Act), Petitioners allege that the Government of Pakistan
(GOP) is providing countervailable subsidies, within the meaning of
sections 701 and 771(5) of the Act, to imports of circular welded pipe
from Pakistan 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, for those alleged
programs in Pakistan on which we have initiated a CVD investigation,
the Petition is accompanied by information reasonably available to
Petitioners supporting their allegations.
The Department finds that Petitioners filed the Petition on behalf
of the domestic industry because Petitioners are interested parties as
defined in section 771(9)(C) of the Act. The Department also finds that
Petitioners demonstrated sufficient industry support with respect to
the initiation of the CVD investigation that Petitioners are
requesting.\8\
---------------------------------------------------------------------------
\8\ See ``Determination of Industry Support for the Petition''
section, below.
---------------------------------------------------------------------------
Period of Investigation
The period of investigation is January 1, 2014, through December
31, 2014.\9\
---------------------------------------------------------------------------
\9\ See 19 CFR 351.204(b)(2).
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is circular welded
carbon-quality steel pipe from Pakistan. For a full description of the
scope of this investigation, see Appendix I of this notice.
Comments on Scope of the Investigation
During our review of the Petition, the Department issued questions
to and received responses from 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.\10\ As discussed in the preamble to the Department's
regulations,\11\ we are setting aside a period for interested parties
to raise issues regarding product coverage (i.e., scope). The
Department will consider all comments received from interested parties
and, if necessary, will consult with the interested parties prior to
the issuance of the preliminary determination. If scope comments
include factual information,\12\ all such factual information should be
limited to public information. In order to facilitate preparation of
its questionnaire, the Department requests all interested parties to
submit such comments by 5:00 p.m. Eastern Time (ET) on Monday, December
7, 2015, which is 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, December 17, 2015, which is
10 calendar days after the initial comments deadline.
---------------------------------------------------------------------------
\10\ See General Issues Supplemental Questionnaire; see also
General Issues Supplement; Second General Issues Supplement.
\11\ See Antidumping Duties; Countervailing Duties; Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\12\ See 19 CFR 351.102(b)(21).
---------------------------------------------------------------------------
The Department requests that any factual information the parties
consider
[[Page 73705]]
relevant to the scope of the investigation be submitted during this
time period. However, if a party subsequently finds that additional
factual information pertaining to the scope of the investigation 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 record of the concurrent AD investigation, as well as the AD
investigations of circular welded pipe from the Sultanate of Oman, the
Republic of the Philippines, the United Arab Emirates, and the
Socialist Republic of Vietnam.
Filing Requirements
All submissions to the Department must be filed electronically
using Enforcement and Compliance's Antidumping Duty and Countervailing
Duty Centralized Electronic Service System (ACCESS).\13\ An
electronically-filed document must be received successfully in its
entirety by the time and date it is due. Documents excepted from the
electronic submission requirements must be filed manually (i.e., in
paper form) with Enforcement and Compliance's APO/Dockets Unit, Room
18022, U.S. Department of Commerce, 14th Street and Constitution Avenue
NW., Washington, DC 20230, and stamped with the date and time of
receipt by the applicable deadlines.
---------------------------------------------------------------------------
\13\ See 19 CFR 351.303 (for general filing requirements); see
also 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.
---------------------------------------------------------------------------
Consultations
Pursuant to section 702(b)(4)(A)(i) of the Act, the Department
notified representatives of the GOP of the receipt of the Petition.
Also, in accordance with section 702(b)(4)(A)(ii) of the Act, the
Department provided representatives of the GOP the opportunity for
consultations with respect to the CVD allegations.\14\ Such
consultations were held at the Department's main building on November
9, 2015.\15\
---------------------------------------------------------------------------
\14\ See Letter from the Department, ``Petitions for
Countervailing Duties on Circular Welded Carbon-Quality Steel Pipe
from Pakistan,'' October 28, 2015.
\15\ See Department Memorandum, ``Countervailing Duty Petition
on Circular Welded Carbon-Quality Steel Pipe from Pakistan:
Consultations with the Government of Pakistan,'' November 9, 2015.
---------------------------------------------------------------------------
Determination of Industry Support for the Petition
Section 702(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 702(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) At least
25 percent of the total production of the domestic like product, and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, the Department
shall: (i) Poll the industry or rely on other information in order to
determine if there is support for the petition, as required by
subparagraph (A), or (ii) determine industry support using a
statistically valid sampling method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs the Department to look to producers and workers who produce the
domestic like product. The U.S. 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,\16\ 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.\17\
---------------------------------------------------------------------------
\16\ See section 771(10) of the Act.
\17\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
---------------------------------------------------------------------------
Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
Petitions).
With regard to the domestic like product, Petitioners do not offer
a definition of the domestic like product distinct from the scope of
the investigation. Based on our analysis of the information submitted
on the record, we have determined that circular welded pipe constitutes
a single domestic like product and we have analyzed industry support in
terms of that domestic like product.\18\
---------------------------------------------------------------------------
\18\ For a discussion of the domestic like product analysis in
this case, see Countervailing Duty Investigation Initiation
Checklist: Circular Welded Carbon-Quality Steel Pipe from Pakistan
(Pakistan CVD Initiation Checklist), at Attachment II--Analysis of
Industry Support (Attachment II). This checklist is dated
concurrently with this notice and on file electronically via ACCESS.
Access to documents filed via ACCESS is also available in the
Central Records Unit, Room B8024 of the Department's main building.
---------------------------------------------------------------------------
In determining whether Petitioners have standing under section
702(c)(4)(A) of the Act, we considered the industry support data
contained in the Petition with reference to the domestic like product
as defined in the ``Scope of the Investigation,'' at Appendix I of this
notice. To establish industry support, Petitioners provided their
shipments of the domestic like product in 2014, then compared their
shipments to the estimated total shipments domestic like product for
the entire domestic industry.\19\ Because total industry production
data for the domestic like product for 2014 is not reasonably available
and Petitioners have established that shipments are a reasonable proxy
for production data,\20\ we have relied upon the shipment data provided
by Petitioners for purposes of measuring industry support.\21\
---------------------------------------------------------------------------
\19\ See General Issues Supplement at 3-6, Exhibit I-13, and
Exhibit I-14; see also Second General Issues Supplement at 1,
Exhibits I-17 through I-19; Third General Issues Supplement at
Exhibit I-21.
\20\ See Petition, Volume I at 3 and Exhibit I-2; see also
General Issues Supplement at 3-4, Exhibits I-13, and Exhibit I-14.
\21\ For further discussion, see Pakistan CVD Initiation
Checklist at Attachment II.
---------------------------------------------------------------------------
Our review of the data provided in the Petition, General Issues
Supplement, Second General Issues Supplement, Third General Issues
Supplement, and other information readily available to the Department
indicates that Petitioners have established industry support.\22\
First, the Petition establishes support from domestic producers (or
workers) accounting for more than 50 percent of the total shipments
\23\ of the
[[Page 73706]]
domestic like product and, as such, the Department is not required to
take further action in order to evaluate industry support (e.g.,
polling).\24\ Second, the domestic producers (or workers) have met the
statutory criteria for industry support under section 702(c)(4)(A)(i)
of the Act because the domestic producers (or workers) who support the
Petition account for at least 25 percent of the total shipments of the
domestic like product.\25\ Finally, the domestic producers (or workers)
have met the statutory criteria for industry support under section
702(c)(4)(A)(ii) of the Act because the domestic producers (or workers)
who support the Petition account for more than 50 percent of the
shipments of the domestic like product produced by that portion of the
industry expressing support for, or opposition to, the Petition.\26\
Accordingly, the Department determines that the Petition was filed on
behalf of the domestic industry within the meaning of section 702(b)(1)
of the Act.
---------------------------------------------------------------------------
\22\ Id.
\23\ As mentioned above, Petitioners have established that
shipments are a reasonable proxy for production data. Section
351.203(e)(1) of the Department's regulations states ``production
levels may be established by reference to alternative data that the
Secretary determines to be indicative of production levels.''
\24\ See section 702(c)(4)(D) of the Act; see also Pakistan CVD
Initiation Checklist at Attachment II.
\25\ See Pakistan CVD Initiation Checklist at Attachment II.
\26\ Id.
---------------------------------------------------------------------------
The Department finds that Petitioners filed the Petition on behalf
of the domestic industry because they are interested parties as defined
in section 771(9)(C) of the Act and they have demonstrated sufficient
industry support with respect to the CVD investigation that they are
requesting the Department initiate.\27\
---------------------------------------------------------------------------
\27\ Id.
---------------------------------------------------------------------------
Injury Test
Because Pakistan is a ``Subsidies Agreement Country,'' within the
meaning of section 701(b) of the Act, section 701(a)(2) of the Act
applies to this investigation. Accordingly, the ITC must determine
whether imports of the subject merchandise from Pakistan materially
injures, or threatens material injury to, a U.S. industry.
Allegations and Evidence of Material Injury and Causation
Petitioners allege that imports of the subject merchandise are
benefitting from countervailable subsidies and that such imports are
causing, or threaten to cause, material injury to the U.S. industry
producing the domestic like product. Petitioners allege that subject
imports from Pakistan exceed the negligibility threshold provided for
under the Act.\28\ In CVD investigations, section 771(24)(B) of the Act
provides that imports of subject merchandise must exceed a
negligibility threshold of three percent. Section 771(24)(B) of the
Act, however, provides that imports of subject merchandise from
developing and least-developed countries must exceed a negligibility
threshold of four percent.\29\ Petitioners demonstrate that subject
imports from Pakistan, which has been designated as a least-developed
country under section 771(36)(B) of the Act, exceed the four percent
negligibility threshold provided for under section 771(24)(B) of the
Act.\30\
---------------------------------------------------------------------------
\28\ See Petition, Volume I at 17-18, Exhibit I-7, and Exhibit
I-8; see also General Issues Supplement at 8-10 and Exhibit I-11.
\29\ See Pakistan CVD Initiation Checklist at Attachment III.
\30\ Id.
---------------------------------------------------------------------------
Petitioners contend that the industry's injured condition is
illustrated by reduced market share, underselling and price suppression
or depression, lost sales and revenues, reduced shipments and a plant
closure leading to job losses, increased inventories and inventory
overhang in the U.S. market, and decline in profitability.\31\ 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.\32\
---------------------------------------------------------------------------
\31\ See Petition, Volume I at 15-23, Exhibits I-6 through I-9;
see also General Issues Supplement at 6-10, Exhibit I-11, Exhibit I-
13, and Exhibit I-15.
\32\ See Pakistan CVD Initiation Checklist at Attachment III.
---------------------------------------------------------------------------
Initiation of CVD Investigation
Section 702(b)(1) of the Act requires the Department to initiate a
CVD investigation whenever an interested party files a CVD petition on
behalf of an industry that (1) alleges the elements necessary for an
imposition of a duty under section 701(a) of the Act and (2) is
accompanied by information reasonably available to Petitioners
supporting the allegations.
Petitioners allege that producers/exporters of circular welded pipe
in Pakistan benefit from countervailable subsidies bestowed by the GOP.
The Department examined the Petition and finds that it complies with
the requirements of section 702(b)(1) of the Act. Therefore, in
accordance with section 702(b)(1) of the Act, we are initiating a CVD
investigation to determine whether manufacturers, producers, and/or
exporters of circular welded pipe from Pakistan receive countervailable
subsidies from the GOP.
On June 29, 2015, the President of the United States signed into
law the Trade Preferences Extension Act of 2015, which made numerous
amendments to the AD and CVD law.\33\ The 2015 law does not specify
dates of application for those amendments. On August 6, 2015, the
Department published an interpretative rule, in which it announced the
applicability dates for each amendment to the Act, except for
amendments contained in section 771(7) of the Act, which relate to
determinations of material injury by the ITC.\34\ The amendments to
sections 776 and 782 of the Act are applicable to all determinations
made on or after August 6, 2015, and, therefore, apply to this CVD
investigation.\35\
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\33\ See Trade Preferences Extension Act of 2015, Public Law
114-27, 129 Stat. 362 (2015).
\34\ See Dates of Application of Amendments to the Antidumping
and Countervailing Duty Laws Made by the Trade Preferences Extension
Act of 2015, 80 FR 46793 (August 6, 2015) (Applicability Notice).
The 2015 amendments may be found at https://www.congress.gov/bill/114th-congress/house-bill/1295/text/pl.
\35\ See Applicability Notice, 80 FR at 46794-95.
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Based on our review of the petition, we find that there is
sufficient information to initiate a CVD investigation on all of the 14
alleged programs in Pakistan. For a full discussion of the basis for
our decision to initiate on each program, see the CVD Initiation
Checklist. A public version of the initiation checklist for this
investigation is available on ACCESS.
In accordance with section 703(b)(1) of the Act and 19 CFR
351.205(b)(1), unless postponed, we will make our preliminary
determination no later than 65 days after the date of this initiation.
Respondent Selection
Petitioners named six companies as producers/exporters of circular
welded pipe in Pakistan.\36\ Following standard practice in CVD
investigations, the Department will, where appropriate, select
respondents based on U.S. Customs and Border Protection (CBP) data for
U.S. imports of circular welded pipe during the POI under the following
Harmonized Tariff Schedule of the United States numbers: 7306.30.1000,
7306.30.5025, 7306.30.5032, 7306.30.5040, 7306.30.5055, 7306.30.5085,
and 7306.30.5090. We intend to release CBP data under Administrative
Protective Order (APO) to all parties with access to information
protected by APO within five business days of publication of this
Federal Register notice. Comments regarding the CBP data and respondent
selection should be submitted seven calendar days after the placement
of the CBP data
[[Page 73707]]
on the record of this investigation. Parties wishing to submit rebuttal
comments should submit those comments five calendar days after the
deadline for initial comments.
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\36\ See Petition, Volume I at Exhibit I-4.
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Comments must be filed electronically using ACCESS. An
electronically-filed document must be received successfully, in its
entirety, by ACCESS no later than 5:00 p.m. ET on the date noted above.
We intend to make our decision regarding respondent selection within 20
days of publication of this notice. Interested parties must submit
applications for disclosure under APO in accordance with 19 CFR
351.305(b). Instructions for filing such applications may be found on
the Department's Web site at http://enforcement.trade.gov/apo.
Distribution of Copies of the Petition
In accordance with section 702(b)(4)(A)(i) of the Act and 19 CFR
351.202(f), a copy of the public version of the Petition has been
provided to the GOP via ACCESS. To the extent practicable, we will
attempt to provide a copy of the public version of the Petition to each
known exporter (as named in the Petition), consistent with 19 CFR
351.203(c)(2).
ITC Notification
We will notify the ITC of our initiation, as required by section
702(d) of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petition was filed, whether there is a reasonable
indication that imports of circular welded pipe from Pakistan are
materially injuring, or threatening material injury to, a U.S.
industry.\37\ A negative ITC determination will result in the
investigation being terminated.\38\ Otherwise, this investigation will
proceed according to statutory and regulatory time limits.
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\37\ See section 703(a)(2) of the Act.
\38\ See section 703(a)(1) of the Act.
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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). 19 CFR 351.301(b) requires
any party, when submitting factual information, to specify under which
subsection of 19 CFR 351.102(b)(21) the information is being submitted
and, if the information is submitted to rebut, clarify, or correct
factual information already on the record, to provide an explanation
identifying the information already on the record that the factual
information seeks to rebut, clarify, or correct. Time limits for the
submission of factual information are addressed in 19 CFR 351.301,
which provides specific time limits based on the type of factual
information being submitted. Parties should review the regulations
prior to submitting factual information in this investigation.
Extension of Time Limits Regulation
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by the Secretary. In general, an extension request
will be considered untimely if it is filed after the expiration of the
time limit established under 19 CFR 351.301 expires. For submissions
that are due from multiple parties simultaneously, an extension request
will be considered untimely if it is filed after 10:00 a.m. on the due
date. Under certain circumstances, we may elect to specify a different
time limit by which extension requests will be considered untimely for
submissions which are due from multiple parties simultaneously. In such
a case, we will inform parties in the letter or memorandum setting
forth the deadline (including a specified time) by which extension
requests must be filed to be considered timely. An extension request
must be made in a separate, stand-alone submission; under limited
circumstances we will grant untimely-filed requests for the extension
of time limits. Review Extension of Time Limits; Final Rule, 78 FR
57790 (September 20, 2013), available at http://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual
information in this investigation.
Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\39\
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.\40\ The Department intends to reject factual submissions if the
submitting party does not comply with the applicable revised
certification requirements.
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\39\ See section 782(b) of the Act.
\40\ See Certification of Factual Information To Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (``Final Rule''); see also
frequently asked questions regarding the Final Rule, available at
http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. On January 22, 2008, the
Department published Antidumping and Countervailing Duty Proceedings:
Documents Submission Procedures; APO Procedures, 73 FR 3634 (January
22, 2008). Parties wishing to participate in this investigation should
ensure that they meet the requirements of these procedures (e.g., the
filing of letters of appearance as discussed at 19 CFR 351.103(d)).
This notice is issued and published pursuant to sections 702 and
777(i) of the Act.
Dated: November 17, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I--Scope of the Investigation
This investigation covers welded carbon-quality steel pipes and
tube, of circular cross-section, with an outside diameter (O.D.) not
more than nominal 16 inches (406.4 mm), regardless of wall
thickness, surface finish (e.g., black, galvanized, or painted), end
finish (plain-end, beveled-end, grooved, threaded, or threaded and
coupled), or industry specification (e.g., American Society for
Testing and Materials International (ASTM), proprietary, or other),
generally known as standard pipe, fence pipe and tube, sprinkler
pipe, and structural pipe (although subject product may also be
referred to as mechanical tubing). Specifically, the term ``carbon-
quality'' includes products in which:
(a) iron predominates, by weight, over each of the other contained
elements;
(b) the carbon content is 2 percent or less, by weight; and
(c) none of the elements listed below exceeds the quantity, by
weight, as indicated:
(i) 1.80 percent of manganese;
(ii) 2.25 percent of silicon;
(iii) 1.00 percent of copper;
(iv) 0.50 percent of aluminum;
(v) 1.25 percent of chromium;
(vi) 0.30 percent of cobalt;
(vii) 0.40 percent of lead;
(viii) 1.25 percent of nickel;
(ix) 0.30 percent of tungsten;
[[Page 73708]]
(x) 0.15 percent of molybdenum;
(xi) 0.10 percent of niobium;
(xii) 0.41 percent of titanium;
(xiii) 0.15 percent of vanadium; or
(xiv) 0.15 percent of zirconium.
Covered products are generally made to standard O.D. and wall
thickness combinations. Pipe multi-stenciled to a standard and/or
structural specification and to other specifications, such as
American Petroleum Institute (API) API-5L, is also covered by the
scope of this investigation when it meets the physical description
set forth above. Covered products may also possess one or more of
the following characteristics: is 32 feet in length or less; is less
than 2.0 inches (50 mm) in nominal O.D.; has a galvanized and/or
painted (e.g., polyester coated) surface finish; or has a threaded
and/or coupled end finish.
Standard pipe is ordinarily made to ASTM specifications A53,
A135, and A795, but can also be made to other specifications.
Structural pipe is made primarily to ASTM specifications A252 and
A500. Standard and structural pipe may also be produced to
proprietary specifications rather than to industry specifications.
Sprinkler pipe is designed for sprinkler fire suppression
systems and may be made to industry specifications such as ASTM A53
or to proprietary specifications.
Fence tubing is included in the scope regardless of
certification to a specification listed in the exclusions below, and
can also be made to the ASTM A513 specification. Products that meet
the physical description set forth above but are made to the
following nominal outside diameter and wall thickness combinations,
which are recognized by the industry as typical for fence tubing,
are included despite being certified to ASTM mechanical tubing
specifications:
------------------------------------------------------------------------
Wall
thickness in
O.D. in inches (nominal) inches Gage
(nominal)
------------------------------------------------------------------------
1.315......................................... 0.035 20
1.315......................................... 0.047 18
1.315......................................... 0.055 17
1.315......................................... 0.065 16
1.315......................................... 0.072 15
1.315......................................... 0.083 14
1.315......................................... 0.095 13
1.660......................................... 0.055 17
1.660......................................... 0.065 16
1.660......................................... 0.083 14
1.660......................................... 0.095 13
1.660......................................... 0.109 12
1.900......................................... 0.047 18
1.900......................................... 0.055 17
1.900......................................... 0.065 16
1.900......................................... 0.072 15
1.900......................................... 0.095 13
1.900......................................... 0.109 12
2.375......................................... 0.047 18
2.375......................................... 0.055 17
2.375......................................... 0.065 16
2.375......................................... 0.072 15
2.375......................................... 0.095 13
2.375......................................... 0.109 12
2.375......................................... 0.120 11
2.875......................................... 0.109 12
2.875......................................... 0.165 8
3.500......................................... 0.109 12
3.500......................................... 0.165 8
4.000......................................... 0.148 9
4.000......................................... 0.165 8
4.500......................................... 0.203 7
------------------------------------------------------------------------
The scope of this investigation does not include:
(a) pipe suitable for use in boilers, superheaters, heat exchangers,
refining furnaces and feedwater heaters, whether or not cold drawn,
which are defined by standards such as ASTM A178 or ASTM A192;
(b) finished electrical conduit, i.e., Electrical Rigid Steel
Conduit (also known as Electrical Rigid Metal Conduit and Electrical
Rigid Metal Steel Conduit), Finished Electrical Metallic Tubing, and
Electrical Intermediate Metal Conduit, which are defined by
specifications such as American National Standard (ANSI) C80.1-2005,
ANSI C80.3-2005, or ANSI C80.6-2005, and Underwriters Laboratories
Inc. (UL) UL-6, UL-797, or UL-1242;
(c) finished scaffolding, i.e., component parts of final, finished
scaffolding that enter the United States unassembled as a ``kit.'' A
kit is understood to mean a packaged combination of component parts
that contains, at the time of importation, all of the necessary
component parts to fully assemble final, finished scaffolding;
(d) tube and pipe hollows for redrawing;
(e) oil country tubular goods produced to API specifications;
(f) line pipe produced to only API specifications, such as API 5L,
and not multi-stenciled; and
(g) mechanical tubing, whether or not cold-drawn, other than what is
included in the above paragraphs.
The products subject to this investigation are currently
classifiable in Harmonized Tariff Schedule of the United States
(HTSUS) statistical reporting numbers 7306.19.1010, 7306.19.1050,
7306.19.5110, 7306.19.5150, 7306.30.1000, 7306.30.5015,
7306.30.5020, 7306.30.5025, 7306.30.5032, 7306.50.5030,
7306.30.5040, 7306.30.5055, 7306.30.5085, 7306.30.5090,
7306.50.1000, 7306.50.5050, and 7306.50.5070. However, the product
description, and not the HTSUS classification, is dispositive of
whether the merchandise imported into the United States falls within
the scope.
[FR Doc. 2015-29946 Filed 11-24-15; 8:45 am]
BILLING CODE 3510-DS-P
