Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From Mexico: Affirmative Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 10587-10590 [2016-04511]
Download as PDF
<![CDATA[
Federal Register / Vol. 81, No. 40 / Tuesday, March 1, 2016 / Notices
In accordance with section
735(a)(2)(A) of the Act and 19 CFR
351.210(b)(2)(ii), because (1) our
preliminary determination is
affirmative; (2) the requesting exporters
account for a significant proportion of
exports of the subject merchandise; and
(3) no compelling reasons for denial
exist, we are postponing the final
determination until no later than 135
days after the publication of this notice
in the Federal Register and extending
the provisional measures from a fourmonth period to a period not greater
than six months. Accordingly, we will
issue 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.10
International Trade Commission (ITC)
Notification
In accordance with section 733(f) of
the Act, we are notifying the ITC of our
affirmative preliminary determination of
sales at LTFV. If our final determination
is affirmative, the ITC will determine
before the later of 120 days after the date
of this preliminary determination or 45
days after our final determination
whether these imports are materially
injuring, or threaten material injury to,
the U.S. industry.
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).
Dated: February 22, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Appendix I
Scope of the Investigation
The products covered by this investigation
are certain heavy walled rectangular welded
steel pipes and tubes of rectangular
(including square) cross section, having a
nominal wall thickness of not less than 4
mm. The merchandise includes, but is not
limited to, the American Society for Testing
and Materials (ASTM) A–500, grade B
specifications, or comparable domestic or
foreign specifications.
Included products are those in which: (1)
Iron predominates, by weight, over each of
the other contained elements; (2) the carbon
content is 2 percent or less, by weight; and
(3) none of the elements below exceeds the
quantity, by weight, respectively indicated:
• 2.50 percent of manganese, or
• 3.30 percent of silicon, or
• 1.50 percent of copper, or
• 1.50 percent of aluminum, or
• 1.25 percent of chromium, or
• 0.30 percent of cobalt, or
• 0.40 percent of lead, or
10 See
19 CFR 351.210(b)(2) and (e).
VerDate Sep<11>2014
20:18 Feb 29, 2016
Jkt 238001
•
•
•
•
2.0 percent of nickel, or
0.30 percent of tungsten, or
0.80 percent of molybdenum, or
0.10 percent of niobium (also called
columbium), or
• 0.30 percent of vanadium, or
• 0.30 percent of zirconium.
The subject merchandise is currently
provided for in item 7306.61.1000 of the
Harmonized Tariff Schedule of the United
States (HTSUS). Subject merchandise may
also enter under HTSUS 7306.61.3000. While
the HTSUS subheadings and ASTM
specification are provided for convenience
and customs purposes, the written
description of the scope of this investigation
is dispositive.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Summary
2. Background
3. Period of Investigation
4. Postponement of Final Determination and
Extension of Provisional Measures
5. Scope Comments
6. Discussion of Methodology
a. Determination of the Comparison
Method
b. Results of the Differential Pricing
Analysis
7. Date of Sale
8. Product Comparisons
9. Export Price/Constructed Export Price
10. Normal Value
a. Home Market Viability
b. Affiliated-Party Transactions and Arm’s
Length Test
c. Level of Trade
d. Cost of Production Analysis
1. Calculation of COP
2. Test of Comparison Market Sales Prices
3. Results of the COP Test
e. Calculation of NV Based on Comparison
Market Prices
11. Currency Conversion
12. Conclusion
[FR Doc. 2016–04520 Filed 2–29–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
10587
States at less than fair value (LTFV), as
provided in section 733(b) of the Tariff
Act of 1930, as amended (the Act). The
period of investigation (POI) is July 1,
2014, through June 30, 2015. The
estimated weighted-average dumping
margins of sales at LTFV are shown in
the ‘‘Preliminary Determination’’
section of this notice. Interested parties
are invited to comment on this
preliminary determination.
DATES: Effective Date: March 1, 2016.
FOR FURTHER INFORMATION CONTACT:
Blaine Wiltse or David Crespo, AD/CVD
Operations, Office II, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–6345 or (202) 482–
3693, respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department initiated this
investigation on August 10, 2015.1 As
explained in the memorandum from the
Acting Assistant Secretary for
Enforcement & Compliance, the
Department has exercised its discretion
to toll all administrative deadlines due
to the recent closure of the Federal
Government. All deadlines in this
segment of the proceeding have been
extended by four business days. The
revised deadline for the preliminary
determination of this investigation is
now February 22, 2016.2 For a complete
description of the events that followed
the initiation of this investigation, see
the memorandum that is dated
concurrently with this determination
and hereby adopted by this notice.3 A
list of topics included in the
Preliminary Decision Memorandum is
included as Appendix II to this notice.
The Preliminary Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
[A–201–847]
Heavy Walled Rectangular Welded
Carbon Steel Pipes and Tubes From
Mexico: Affirmative Preliminary
Determination of Sales at Less Than
Fair Value and Postponement of Final
Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Department) preliminarily determines
that heavy walled rectangular welded
carbon steel pipes and tubes (HWR
pipes and tubes) from Mexico are being,
or are likely to be, sold in the United
AGENCY:
PO 00000
Frm 00023
Fmt 4703
Sfmt 4703
1 See Heavy Walled Rectangular Welded Carbon
Steel Pipes and Tubes from the Republic of Korea,
Mexico, and the Republic of Turkey: Initiation of
Less-Than-Fair-Value Investigations, 80 FR 49202
(August 17, 2015) (Initiation Notice).
2 See Memorandum to the Record from Ron
Lorentzen, Acting A/S for Enforcement &
Compliance, regarding ‘‘Tolling of Administrative
Deadlines As a Result of the Government Closure
During Snowstorm Jonas,’’ dated January 27, 2016.
3 See Memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, entitled ‘‘Decision Memorandum for
the Preliminary Determination in the Antidumping
Duty Investigation of Heavy Walled Rectangular
Welded Carbon Steel Pipes and Tubes from
Mexico’’ (Preliminary Decision Memorandum),
dated concurrently with this notice.
E:\FR\FM\01MRN1.SGM
01MRN1
10588
Federal Register / Vol. 81, No. 40 / Tuesday, March 1, 2016 / Notices
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov, and 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 found at
https://enforcement.trade.gov/frn/. The
signed Preliminary Decision
Memorandum and the electronic
version of the Preliminary Decision
Memorandum are identical in content.
Scope of the Investigation
The products covered by this
investigation are HWR pipes and tubes
from Mexico. For a full description of
the scope of this investigation, see the
‘‘Scope of the Investigation,’’ in
Appendix I of this notice.
Scope Comments
As noted in the Initiation Notice, we
set aside a period of time for parties to
raise issues regarding product
coverage.4 On October 13, 2015, we
received comments from Productos
Laminados de Monterrey S.A. de C.V.
(Prolamsa), a producer/exporter of HWR
in Mexico, in the context of its response
to the Department’s questionnaire.5 In
these comments, Prolamsa requested
that the Department find that two types
of HWR products are outside the scope
of this investigation (i.e., HWR cut to
short lengths and custom-designed
HWR sold as parts). On December 1,
2015, we received a similar request from
Maquilacero S.A. de C.V. (Maquilacero),
also a producer/exporter of HWR in
Mexico.6 On December 2, 2014, the
petitioners 7 objected to Maquilacero’s
request, noting that the products in
question are within the definition of the
scope.8
We considered the requests noted
above, as well as the petitioners’
responsive comments. Absent an
overarching reason to modify the scope
in the petition, the Department accepts
the scope as it is currently written.9
Consequently, we made no change to
the scope with respect to cut-to-length
products, as well as HWR sold as parts
because: (1) These products are clearly
within the scope; and (2) the petitioners
intended that these products be covered.
For further discussion, see the
Preliminary Decision Memorandum.
Methodology
The Department is conducting this
investigation in accordance with section
731 of the Act. There are two mandatory
respondents participating in this
investigation, Maquilacero and
Prolamsa. Export price and, where
appropriate, constructed export price,
for these companies are calculated in
accordance with section 772 of the Act.
Normal value (NV) is calculated in
accordance with section 773 of the Act.
For a full description of the
methodology underlying our
preliminary conclusions, see the
Preliminary Decision Memorandum.
All-Others Rate
Consistent with sections
733(d)(1)(A)(ii) and 735(c)(5) of the Act,
the Department also calculated an
estimated all-others rate. Section
735(c)(5)(A) of the Act provides that the
estimated all-others rate shall be an
amount equal to the weighted average of
the estimated weighted-average
dumping margins established for
exporters and producers individually
investigated, excluding any zero and de
minimis margins, and any margins
determined entirely under section 776
of the Act.
In this investigation, we based our
calculation of the all-others rate on the
weighted-average of the margins
calculated for Maquilacero and
Prolamsa using publicly-ranged data.
Because we cannot apply our normal
methodology of calculating a weightedaverage margin due to requests to
protect business-proprietary
information, we find this rate to be the
best proxy of the actual weightedaverage margin determined for these
respondents. For further discussion of
this calculation, see the memorandum
entitled ‘‘Heavy Walled Rectangular
Welded Carbon Steel Pipes and Tubes
from Mexico: Calculation of the
Preliminary Margin for All Other
Companies,’’ dated concurrently with
this notice.
Preliminary Determination
The Department preliminarily
determines that the following weightedaverage dumping margins exist:
Weighted-average
dumping margin
(percent)
Exporter/manufacturer
Maquilacero S.A. De C.V ..............................................................................................................................................................
Productos Laminados de Monterrey S.A. de C.V .........................................................................................................................
All Others .......................................................................................................................................................................................
Suspension of Liquidation
asabaliauskas on DSK5VPTVN1PROD with NOTICES
In accordance with section 733(d)(2)
of the Act, we will direct U.S. Customs
and Border Protection (CBP) to suspend
liquidation of all entries of subject
merchandise from Mexico, as described
4 See Initiation Notice, 80 FR at 49203; see also
Antidumping Duties; Countervailing Duties; Final
rule, 62 FR 27296, 27323 (May 19, 1997).
5 See Prolamsa’s October 13, 2015, submission, at
A–14.
6 See Maquilacero’s December 1, 2015,
submission, at 4–5.
7 The petitioners in this proceeding are Atlas
Tube, a division of JMC Steel Group; Bull Moose
Tube Company; EXLTUBE; Hannibal Industries,
Inc.; Independence Tube Corporation; Maruichi
VerDate Sep<11>2014
20:18 Feb 29, 2016
Jkt 238001
3.99
16.31
13.65
in Appendix I of this notice, which are
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of this notice in the Federal
Register.
Pursuant to section 733(d) of the Act
and 19 CFR 351.205(d), we will instruct
CBP to require cash deposits 10 equal to
the weighted-average amount by which
the NV exceeds U.S. price, as indicated
in the chart above, as follows: (1) The
rate for the mandatory respondents
listed above will be the respondentspecific rates we determined in this
American Corporation; Searing Industries;
Southland Tube; and Vest, Inc.
8 See the petitioners’ December 2, 2015,
submission, at 1–2.
9 Id.; see also Circular Welded Austenitic
Stainless Pressure Pipe from the People’s Republic
of China: Preliminary Determination of Sales at
Less Than Fair Value and Postponement of Final
Determination, 73 FR 51788, 51789 (September 5,
2008), unchanged in Circular Welded Austenitic
Stainless Pressure Pipe from the People’s Republic
of China: Final Determination of Sales at Less Than
Fair Value, 74 FR 4913 (January 28, 2009); Notice
of Final Determination of Sales at Not Less Than
Fair Value: Pure Magnesium from the Russian
Federation, 66 FR 49347 (September 27, 2001), and
accompanying Issues and Decision memorandum,
at Comment 12; and Mitsubishi Heavy Industries,
Ltd. v. United States, 986 F. Supp. 1428, 1433–34
(CIT 1997).
10 See Modification of Regulations Regarding the
Practice of Accepting Bonds During the Provisional
Measures Period in Antidumping and
Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
PO 00000
Frm 00024
Fmt 4703
Sfmt 4703
E:\FR\FM\01MRN1.SGM
01MRN1
Federal Register / Vol. 81, No. 40 / Tuesday, March 1, 2016 / Notices
preliminary determination; (2) if the
exporter is not a mandatory respondent
identified above, but the producer is,
the rate will be the specific rate
established for the producer of the
subject merchandise; and (3) the rate for
all other producers or exporters will be
the all others rate. These suspension of
liquidation instructions will remain in
effect until further notice.
Disclosure
We intend to disclose the calculations
performed to interested parties in this
proceeding within five days of the date
of publication of this notice in
accordance with 19 CFR 351.224(b).
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Verification
As provided in section 782(i) of the
Act, we intend to verify information
relied upon in making our final
determination.
Public Comment
Interested parties are invited to
comment on this preliminary
determination. Case briefs or other
written comments may be submitted to
the Assistant Secretary for Enforcement
and Compliance no later than seven
days after the date on which the final
verification report is issued in this
proceeding, and rebuttal briefs, limited
to issues raised in case briefs, may be
submitted no later than five days after
the deadline date for case briefs.11
Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or
rebuttal briefs in this proceeding are
encouraged to submit with each
argument: (1) A statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, U.S. Department of
Commerce. All documents must be filed
electronically using ACCESS. An
electronically-filed request must be
received successfully in its entirety by
ACCESS by 5:00 p.m. Eastern Standard
Time, within 30 days after the date of
publication of this notice. Requests
should contain the party’s name,
address, and telephone number, the
number of participants, and a list of the
issues to be discussed. If a request for
a hearing is made, the Department
intends to hold the hearing at the U.S.
Department of Commerce, 14th Street
and Constitution Avenue NW.,
Washington, DC 20230, at a time and
date to be determined. Parties should
11 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
VerDate Sep<11>2014
20:18 Feb 29, 2016
Jkt 238001
confirm by telephone the date, time, and
location of the hearing two days before
the scheduled date.
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 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.
Respondents Maquilacero and
Prolamsa requested that, in the event of
an affirmative preliminary
determination in this investigation, the
Department postpone its final
determination by 60 days (i.e., to 135
days after publication of the preliminary
determination), and agreed 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.12 In addition, the
petitioners also requested that, in the
event of a negative preliminary
determination, the Department postpone
its final determination to 135 days after
the date of publication of the
preliminary determination.13
In accordance with section
735(a)(2)(A) of the Act and 19 CFR
351.210(b)(2)(ii), because (1) our
preliminary determination is
affirmative; (2) the requesting exporters
account for a significant proportion of
exports of the subject merchandise; and
(3) no compelling reasons for denial
exist, we are postponing the final
determination until no later than 135
days after the publication of this notice
in the Federal Register and extending
12 See letter from Prolamsa entitled, ‘‘Heavy
Walled Rectangular Welded Carbon Steel Pipes and
Tubes from Mexico: Request to Postpone the Final
Determination,’’ dated February 5, 2016; and letter
from Maquilacero entitled, ‘‘Heavy Walled
Rectangular Welded Carbon Steel Pipes and Tubes
from Mexico; Maquilacero S.A. de C.V.’s Request
for Postponement of Final Determination,’’ dated
February 11, 2016.
13 See letter from the petitioners entitled, ‘‘Heavy
Walled Rectangular Welded Carbon Steel Pipe and
Tubes from Mexico: Request to Extend Final
Determination,’’ dated February 4, 2016.
PO 00000
Frm 00025
Fmt 4703
Sfmt 4703
10589
the provisional measures from a fourmonth period to a period not greater
than six months. Accordingly, we will
issue 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.14
International Trade Commission (ITC)
Notification
In accordance with section 733(f) of
the Act, we are notifying the ITC of our
affirmative preliminary determination of
sales at LTFV. If our final determination
is affirmative, the ITC will determine
before the later of 120 days after the date
of this preliminary determination or 45
days after our final determination
whether these imports are materially
injuring, or threaten material injury to,
the U.S. industry.
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).
Dated: February 22, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
Scope of the Investigation
The products covered by this investigation
are certain heavy walled rectangular welded
steel pipes and tubes of rectangular
(including square) cross section, having a
nominal wall thickness of not less than 4
mm. The merchandise includes, but is not
limited to, the American Society for Testing
and Materials (ASTM) A–500, grade B
specifications, or comparable domestic or
foreign specifications.
Included products are those in which: (1)
Iron predominates, by weight, over each of
the other contained elements; (2) the carbon
content is 2 percent or less, by weight; and
(3) none of the elements below exceeds the
quantity, by weight, respectively indicated:
• 2.50 percent of manganese, or
• 3.30 percent of silicon, or
• 1.50 percent of copper, or
• 1.50 percent of aluminum, or
• 1.25 percent of chromium, or
• 0.30 percent of cobalt, or
• 0.40 percent of lead, or
• 2.0 percent of nickel, or
• 0.30 percent of tungsten, or
• 0.80 percent of molybdenum, or
• 0.10 percent of niobium (also called
columbium), or
• 0.30 percent of vanadium, or
• 0.30 percent of zirconium.
The subject merchandise is currently
provided for in item 7306.61.1000 of the
Harmonized Tariff Schedule of the United
States (HTSUS). Subject merchandise may
also enter under HTSUS 7306.61.3000. While
the HTSUS subheadings and ASTM
specification are provided for convenience
14 See
E:\FR\FM\01MRN1.SGM
19 CFR 351.210(b)(2) and (e).
01MRN1
10590
Federal Register / Vol. 81, No. 40 / Tuesday, March 1, 2016 / Notices
and customs purposes, the written
description of the scope of this investigation
is dispositive.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Summary
2. Background
3. Period of Investigation
4. Postponement of Final Determination and
Extension of Provisional Measures
5. Scope Comments
6. Discussion of Methodology
a. Determination of the Comparison
Method
b. Results of the Differential Pricing
Analysis
7. Date of Sale
8. Product Comparisons
9. Export Price/Constructed Export Price
10. Normal Value
a. Home Market Viability
b. Affiliated Party Transactions and Arm’sLength Test
c. Level of Trade
d. Cost of Production (COP) Analysis
1. Calculation of COP
2. Test of Comparison Market Sales Prices
3. Results of the COP Test
e. Calculation of NV Based on Comparison
Market Prices
11. Currency Conversion
12. Conclusion
[FR Doc. 2016–04511 Filed 2–29–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
Service Life Prediction Methodologies
and Metrologies for Commercial
Polymers Consortium
National Institute of Standards
and Technology, Commerce.
ACTION: Notice; request for information.
AGENCY:
The National Institute of
Standards and Technology (NIST) is
establishing the Service Life Prediction
Methodologies and Metrologies for
Commercial Polymers Consortium
(Consortium) and invites organizations
to join the Consortium. The Consortium
will develop the science necessary to
support the modification of standards
for the testing and the certification of
commercial polymeric materials. This
notice is the initial step for the
Consortium in collaborating with
organizations to develop reliabilitybased service life prediction
methodology for commercial polymers.
The prediction methods will be used to
update testing standards for polymeric
materials in order to better assess the
level of protection for the consumer
while reducing the time for evaluation
asabaliauskas on DSK5VPTVN1PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
20:18 Feb 29, 2016
Jkt 238001
and certification of polymeric materials.
Participation in the Consortium is open
to all eligible organizations as described
below.
DATES: NIST will begin accepting
responses from interested parties on
March 1, 2016. The collaborative
activities under this Consortium will
begin on March 20, 2016.
ADDRESSES: Information in response to
this notice and request for additional
information can be directed to NIST’s
Consortium Manager, Christopher C.
White, NIST’s Engineering Laboratory,
Polymeric Materials Group. Information
may be sent by mail to 100 Bureau
Drive, Mail Stop 8615, Gaithersburg,
Maryland 20899, or by electronic mail
to christopher.white@nist.gov.
FOR FURTHER INFORMATION CONTACT: For
further information about partnership
opportunities or about terms and
conditions of NIST’s Cooperative
Research and Development Agreement
(CRADA), please contact NIST’s CRADA
and License Officer, Honeyeh Zube,
Technology Partnerships Office, by mail
to 100 Bureau Drive, Mail Stop 2200,
Gaithersburg, Maryland 20899, or by
electronic mail to honeyeh.zube@
nist.gov.
SUPPLEMENTARY INFORMATION: The
objective of this Consortium is to
develop the science necessary to
support the modification of UL
Standards for testing and certification of
polymeric materials (UL Standard
Subject Numbers 746A–F), which are
under the direction of the Standard
Technical Panel (STP). More
information about UL Standards is
available at https://ulstandards.ul.com.
The activities of NIST’s Consortium will
align the latest knowledge on polymer
science with the UL Standards that
relate to the retention of performance
properties after long term thermal aging
(UL 746B, Safety of Polymeric
Materials—Long Term Property
Evaluations) and after exposure to
ultraviolet radiation and moisture (UL
746C, Standard for Polymeric
Materials—Use in Electrical Equipment
Evaluations). By working with industry,
and leveraging NIST’s existing
reliability-based service life prediction
methodology for commercial polymers,
the UL Standards for polymeric
materials can provide better assessment
of the level of protection for the
consumer and potentially reduce the
time for evaluation and certification. A
better understanding of the effect of
thermal, radiation, and humidity
exposures on polymeric material will
allow a more expedited process for
standards updating, ensure that the
standards remain current with the
PO 00000
Frm 00026
Fmt 4703
Sfmt 4703
advancement of polymers, and drive
innovation in applications where such
environmental conditions exist. The
STP for UL 746 will have the ultimate
responsibility to modify UL Standards
and introduce new test methods in the
polymeric materials standards.
Long-term Thermal Aging: Thermal
Indices (TIs) and/or Relative Thermal
Indices (RTIs): The UL certification
program for polymeric materials has
been very successful at increasing the
safety of plastic products. The UL
certification program relating to thermal
performance of polymeric materials is
based on Dr. Thomas Dakin’s proposal
in 1948 to treat electrical insulation
deterioration as a chemical rate
phenomenon. This resulted in the
Arrhenius analysis of data from the
degradation of polymeric materials
exposed to multiple temperatures and
extrapolation to obtain an estimated use
temperature. This method, while
increasing the safety, has also required
significant investment of time and other
resources. For example, a simple
formulation change to a polymeric
compound may require up to eighteen
months for recertification. This
Consortium’s first goal is to identify and
provide the latest available scientific
knowledge for methods that reduce the
time required to obtain a temperature
rating while maintaining the highest
level of safety.
Exposure to Ultraviolet Radiation and
Moisture: UV and Humidity Ratings (f1
and f2): This Consortium’s second goal
is to evaluate polymeric materials when
simultaneously exposed to UV radiation
and humidity. Such evaluation
techniques attempt to simulate the
outdoor conditions where these
polymeric materials could be used.
Currently, exposure of polymeric
materials to UV and humidity are
evaluated separately by introducing
specimens in a xenon chamber and in
a water bath to determine the
permanence of certain properties
(typically mechanical and flammability)
after these exposures. The specimens
are not exposed in a manner that
simulates simultaneous exposure to
thermal, radiation and humidity. This
Consortium will bring together expertise
and experimental capabilities to
evaluate the practicality of existing
methods in determining the (f1) and (f2)
ratings. NIST intends to work with
participants of the Consortium in
several stages: The first stage will focus
on thermal-only exposures to support TI
and/or RTI testing and round robin
evaluation of accelerated techniques;
the second stage will focus on UV and
humidity exposures to support (f1) and
(f2) ratings; and the third stage will
E:\FR\FM\01MRN1.SGM
01MRN1
]]>Agencies
[Federal Register Volume 81, Number 40 (Tuesday, March 1, 2016)]
[Notices]
[Pages 10587-10590]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04511]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-847]
Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From
Mexico: Affirmative Preliminary Determination of Sales at Less Than
Fair Value and Postponement of Final Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Department) preliminarily
determines that heavy walled rectangular welded carbon steel pipes and
tubes (HWR pipes and tubes) from Mexico are being, or are likely to be,
sold in the United States at less than fair value (LTFV), as provided
in section 733(b) of the Tariff Act of 1930, as amended (the Act). The
period of investigation (POI) is July 1, 2014, through June 30, 2015.
The estimated weighted-average dumping margins of sales at LTFV are
shown in the ``Preliminary Determination'' section of this notice.
Interested parties are invited to comment on this preliminary
determination.
DATES: Effective Date: March 1, 2016.
FOR FURTHER INFORMATION CONTACT: Blaine Wiltse or David Crespo, AD/CVD
Operations, Office II, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
6345 or (202) 482-3693, respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department initiated this investigation on August 10, 2015.\1\
As explained in the memorandum from the Acting Assistant Secretary for
Enforcement & Compliance, the Department has exercised its discretion
to toll all administrative deadlines due to the recent closure of the
Federal Government. All deadlines in this segment of the proceeding
have been extended by four business days. The revised deadline for the
preliminary determination of this investigation is now February 22,
2016.\2\ For a complete description of the events that followed the
initiation of this investigation, see the memorandum that is dated
concurrently with this determination and hereby adopted by this
notice.\3\ A list of topics included in the Preliminary Decision
Memorandum is included as Appendix II to this notice.
---------------------------------------------------------------------------
\1\ See Heavy Walled Rectangular Welded Carbon Steel Pipes and
Tubes from the Republic of Korea, Mexico, and the Republic of
Turkey: Initiation of Less-Than-Fair-Value Investigations, 80 FR
49202 (August 17, 2015) (Initiation Notice).
\2\ See Memorandum to the Record from Ron Lorentzen, Acting A/S
for Enforcement & Compliance, regarding ``Tolling of Administrative
Deadlines As a Result of the Government Closure During Snowstorm
Jonas,'' dated January 27, 2016.
\3\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Paul Piquado, Assistant Secretary for Enforcement and Compliance,
entitled ``Decision Memorandum for the Preliminary Determination in
the Antidumping Duty Investigation of Heavy Walled Rectangular
Welded Carbon Steel Pipes and Tubes from Mexico'' (Preliminary
Decision Memorandum), dated concurrently with this notice.
---------------------------------------------------------------------------
The Preliminary Decision Memorandum is a public document and is on
file electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized
[[Page 10588]]
Electronic Service System (ACCESS). ACCESS is available to registered
users at https://access.trade.gov, and 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 found at https://enforcement.trade.gov/frn/. The signed
Preliminary Decision Memorandum and the electronic version of the
Preliminary Decision Memorandum are identical in content.
Scope of the Investigation
The products covered by this investigation are HWR pipes and tubes
from Mexico. For a full description of the scope of this investigation,
see the ``Scope of the Investigation,'' in Appendix I of this notice.
Scope Comments
As noted in the Initiation Notice, we set aside a period of time
for parties to raise issues regarding product coverage.\4\ On October
13, 2015, we received comments from Productos Laminados de Monterrey
S.A. de C.V. (Prolamsa), a producer/exporter of HWR in Mexico, in the
context of its response to the Department's questionnaire.\5\ In these
comments, Prolamsa requested that the Department find that two types of
HWR products are outside the scope of this investigation (i.e., HWR cut
to short lengths and custom-designed HWR sold as parts). On December 1,
2015, we received a similar request from Maquilacero S.A. de C.V.
(Maquilacero), also a producer/exporter of HWR in Mexico.\6\ On
December 2, 2014, the petitioners \7\ objected to Maquilacero's
request, noting that the products in question are within the definition
of the scope.\8\
---------------------------------------------------------------------------
\4\ See Initiation Notice, 80 FR at 49203; see also Antidumping
Duties; Countervailing Duties; Final rule, 62 FR 27296, 27323 (May
19, 1997).
\5\ See Prolamsa's October 13, 2015, submission, at A-14.
\6\ See Maquilacero's December 1, 2015, submission, at 4-5.
\7\ The petitioners in this proceeding 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.
\8\ See the petitioners' December 2, 2015, submission, at 1-2.
---------------------------------------------------------------------------
We considered the requests noted above, as well as the petitioners'
responsive comments. Absent an overarching reason to modify the scope
in the petition, the Department accepts the scope as it is currently
written.\9\ Consequently, we made no change to the scope with respect
to cut-to-length products, as well as HWR sold as parts because: (1)
These products are clearly within the scope; and (2) the petitioners
intended that these products be covered. For further discussion, see
the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\9\ Id.; see also Circular Welded Austenitic Stainless Pressure
Pipe from the People's Republic of China: Preliminary Determination
of Sales at Less Than Fair Value and Postponement of Final
Determination, 73 FR 51788, 51789 (September 5, 2008), unchanged in
Circular Welded Austenitic Stainless Pressure Pipe from the People's
Republic of China: Final Determination of Sales at Less Than Fair
Value, 74 FR 4913 (January 28, 2009); Notice of Final Determination
of Sales at Not Less Than Fair Value: Pure Magnesium from the
Russian Federation, 66 FR 49347 (September 27, 2001), and
accompanying Issues and Decision memorandum, at Comment 12; and
Mitsubishi Heavy Industries, Ltd. v. United States, 986 F. Supp.
1428, 1433-34 (CIT 1997).
---------------------------------------------------------------------------
Methodology
The Department is conducting this investigation in accordance with
section 731 of the Act. There are two mandatory respondents
participating in this investigation, Maquilacero and Prolamsa. Export
price and, where appropriate, constructed export price, for these
companies are calculated in accordance with section 772 of the Act.
Normal value (NV) is calculated in accordance with section 773 of the
Act. For a full description of the methodology underlying our
preliminary conclusions, see the Preliminary Decision Memorandum.
All-Others Rate
Consistent with sections 733(d)(1)(A)(ii) and 735(c)(5) of the Act,
the Department also calculated an estimated all-others rate. Section
735(c)(5)(A) of the Act provides that the estimated all-others rate
shall be an amount equal to the weighted average of the estimated
weighted-average dumping margins established for exporters and
producers individually investigated, excluding any zero and de minimis
margins, and any margins determined entirely under section 776 of the
Act.
In this investigation, we based our calculation of the all-others
rate on the weighted-average of the margins calculated for Maquilacero
and Prolamsa using publicly-ranged data. Because we cannot apply our
normal methodology of calculating a weighted-average margin due to
requests to protect business-proprietary information, we find this rate
to be the best proxy of the actual weighted-average margin determined
for these respondents. For further discussion of this calculation, see
the memorandum entitled ``Heavy Walled Rectangular Welded Carbon Steel
Pipes and Tubes from Mexico: Calculation of the Preliminary Margin for
All Other Companies,'' dated concurrently with this notice.
Preliminary Determination
The Department preliminarily determines that the following
weighted-average dumping margins exist:
------------------------------------------------------------------------
Weighted-average
Exporter/manufacturer dumping margin
(percent)
------------------------------------------------------------------------
Maquilacero S.A. De C.V.............................. 3.99
Productos Laminados de Monterrey S.A. de C.V......... 16.31
All Others........................................... 13.65
------------------------------------------------------------------------
Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, we will direct
U.S. Customs and Border Protection (CBP) to suspend liquidation of all
entries of subject merchandise from Mexico, as described in Appendix I
of this notice, which are entered, or withdrawn from warehouse, for
consumption on or after the date of publication of this notice in the
Federal Register.
Pursuant to section 733(d) of the Act and 19 CFR 351.205(d), we
will instruct CBP to require cash deposits \10\ equal to the weighted-
average amount by which the NV exceeds U.S. price, as indicated in the
chart above, as follows: (1) The rate for the mandatory respondents
listed above will be the respondent-specific rates we determined in
this
[[Page 10589]]
preliminary determination; (2) if the exporter is not a mandatory
respondent identified above, but the producer is, the rate will be the
specific rate established for the producer of the subject merchandise;
and (3) the rate for all other producers or exporters will be the all
others rate. These suspension of liquidation instructions will remain
in effect until further notice.
---------------------------------------------------------------------------
\10\ See Modification of Regulations Regarding the Practice of
Accepting Bonds During the Provisional Measures Period in
Antidumping and Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
---------------------------------------------------------------------------
Disclosure
We intend to disclose the calculations performed to interested
parties in this proceeding within five days of the date of publication
of this notice in accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i) of the Act, we intend to verify
information relied upon in making our final determination.
Public Comment
Interested parties are invited to comment on this preliminary
determination. Case briefs or other written comments may be submitted
to the Assistant Secretary for Enforcement and Compliance no later than
seven days after the date on which the final verification report is
issued in this proceeding, and rebuttal briefs, limited to issues
raised in case briefs, may be submitted no later than five days after
the deadline date for case briefs.\11\ Pursuant to 19 CFR 351.309(c)(2)
and (d)(2), parties who submit case briefs or rebuttal briefs in this
proceeding are encouraged to submit with each argument: (1) A statement
of the issue; (2) a brief summary of the argument; and (3) a table of
authorities.
---------------------------------------------------------------------------
\11\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, U.S. Department of Commerce.
All documents must be filed electronically using ACCESS. An
electronically-filed request must be received successfully in its
entirety by ACCESS by 5:00 p.m. Eastern Standard Time, within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, and a list of the issues to be discussed. If a request
for a hearing is made, the Department intends to hold the hearing at
the U.S. Department of Commerce, 14th Street and Constitution Avenue
NW., Washington, DC 20230, at a time and date to be determined. Parties
should confirm by telephone the date, time, and location of the hearing
two days before the scheduled date.
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 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.
Respondents Maquilacero and Prolamsa requested that, in the event
of an affirmative preliminary determination in this investigation, the
Department postpone its final determination by 60 days (i.e., to 135
days after publication of the preliminary determination), and agreed 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.\12\ In addition, the
petitioners also requested that, in the event of a negative preliminary
determination, the Department postpone its final determination to 135
days after the date of publication of the preliminary
determination.\13\
---------------------------------------------------------------------------
\12\ See letter from Prolamsa entitled, ``Heavy Walled
Rectangular Welded Carbon Steel Pipes and Tubes from Mexico: Request
to Postpone the Final Determination,'' dated February 5, 2016; and
letter from Maquilacero entitled, ``Heavy Walled Rectangular Welded
Carbon Steel Pipes and Tubes from Mexico; Maquilacero S.A. de C.V.'s
Request for Postponement of Final Determination,'' dated February
11, 2016.
\13\ See letter from the petitioners entitled, ``Heavy Walled
Rectangular Welded Carbon Steel Pipe and Tubes from Mexico: Request
to Extend Final Determination,'' dated February 4, 2016.
---------------------------------------------------------------------------
In accordance with section 735(a)(2)(A) of the Act and 19 CFR
351.210(b)(2)(ii), because (1) our preliminary determination is
affirmative; (2) the requesting exporters account for a significant
proportion of exports of the subject merchandise; and (3) no compelling
reasons for denial exist, we are postponing the final determination
until no later than 135 days after the publication of this notice in
the Federal Register and extending the provisional measures from a
four-month period to a period not greater than six months. Accordingly,
we will issue 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.\14\
---------------------------------------------------------------------------
\14\ See 19 CFR 351.210(b)(2) and (e).
---------------------------------------------------------------------------
International Trade Commission (ITC) Notification
In accordance with section 733(f) of the Act, we are notifying the
ITC of our affirmative preliminary determination of sales at LTFV. If
our final determination is affirmative, the ITC will determine before
the later of 120 days after the date of this preliminary determination
or 45 days after our final determination whether these imports are
materially injuring, or threaten material injury to, the U.S. industry.
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).
Dated: February 22, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The products covered by this investigation are certain heavy
walled rectangular welded steel pipes and tubes of rectangular
(including square) cross section, having a nominal wall thickness of
not less than 4 mm. The merchandise includes, but is not limited to,
the American Society for Testing and Materials (ASTM) A-500, grade B
specifications, or comparable domestic or foreign specifications.
Included products are those in which: (1) Iron predominates, by
weight, over each of the other contained elements; (2) the carbon
content is 2 percent or less, by weight; and (3) none of the
elements below exceeds the quantity, by weight, respectively
indicated:
2.50 percent of manganese, or
3.30 percent of silicon, or
1.50 percent of copper, or
1.50 percent of aluminum, or
1.25 percent of chromium, or
0.30 percent of cobalt, or
0.40 percent of lead, or
2.0 percent of nickel, or
0.30 percent of tungsten, or
0.80 percent of molybdenum, or
0.10 percent of niobium (also called columbium), or
0.30 percent of vanadium, or
0.30 percent of zirconium.
The subject merchandise is currently provided for in item
7306.61.1000 of the Harmonized Tariff Schedule of the United States
(HTSUS). Subject merchandise may also enter under HTSUS
7306.61.3000. While the HTSUS subheadings and ASTM specification are
provided for convenience
[[Page 10590]]
and customs purposes, the written description of the scope of this
investigation is dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
1. Summary
2. Background
3. Period of Investigation
4. Postponement of Final Determination and Extension of Provisional
Measures
5. Scope Comments
6. Discussion of Methodology
a. Determination of the Comparison Method
b. Results of the Differential Pricing Analysis
7. Date of Sale
8. Product Comparisons
9. Export Price/Constructed Export Price
10. Normal Value
a. Home Market Viability
b. Affiliated Party Transactions and Arm's-Length Test
c. Level of Trade
d. Cost of Production (COP) Analysis
1. Calculation of COP
2. Test of Comparison Market Sales Prices
3. Results of the COP Test
e. Calculation of NV Based on Comparison Market Prices
11. Currency Conversion
12. Conclusion
[FR Doc. 2016-04511 Filed 2-29-16; 8:45 am]
BILLING CODE 3510-DS-P
