Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From the Republic of Korea: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 10585-10587 [2016-04520]
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Federal Register / Vol. 81, No. 40 / Tuesday, March 1, 2016 / Notices
11. Currency Conversion
Dated: February 22, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2016–04512 Filed 2–29–16; 8:45 am]
BILLING CODE 3510–DS–P
Appendix I
DEPARTMENT OF COMMERCE
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
and customs purposes, the written
description of the scope of this
investigation is dispositive.
asabaliauskas on DSK5VPTVN1PROD with NOTICES
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 the Methodology
a. Determination of the Comparison
Method
b. Results of the Differential Pricing
Analysis
7. Date of Sale
8. Product Comparisons
9. Export Price
10. Normal Value
a. Home Market Viability
b. Level of Trade
c. Cost of Production (COP) Analysis
1. Calculation of COP
2. Test of Comparison Market Sales Prices
3. Results of the COP Test
d. Calculation of NV Based on Comparison
Market Prices
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Jkt 238001
International Trade Administration
[A–580–880]
Heavy Walled Rectangular Welded
Carbon Steel Pipes and Tubes From
the Republic of Korea: 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 the Republic of
Korea (Korea) 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.
AGENCY:
DATES:
Effective: March 1, 2016.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Eastwood or Alice
Maldonado, 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)
482–3874 or (202) 482–4682,
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 and Compliance, the
Department has exercised its discretion
to toll all administrative deadlines due
to the recent closure of the Federal
Government.2 All deadlines in this
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).
2 See Memorandum to the Record from Ron
Lorentzen, Acting A/S for Enforcement &
PO 00000
Frm 00021
Fmt 4703
Sfmt 4703
10585
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. 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
The Preliminary Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (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 product covered by this
investigation is HWR pipes and tubes
from Korea. For a full description of the
scope of this investigation, see the
‘‘Scope of the Investigation,’’ in
Appendix I of this notice. No party filed
comments on the scope of this
investigation.
Methodology
The Department is conducting this
investigation in accordance with section
731 of the Act. There are two mandatory
respondents participating in this
investigation: Dong-A Steel Company
(DOSCO) and HiSteel Co., Ltd (HiSteel).
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.
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 the
Republic of Korea’’ (Preliminary Decision
Memorandum), dated concurrently with this notice.
E:\FR\FM\01MRN1.SGM
01MRN1
10586
Federal Register / Vol. 81, No. 40 / Tuesday, March 1, 2016 / Notices
asabaliauskas on DSK5VPTVN1PROD with NOTICES
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 DOSCO and HiSteel 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.4 For
further discussion of this calculation,
see the memorandum entitled ‘‘Heavy
Walled Rectangular Welded Carbon
Steel Pipes and Tubes from the Republic
of Korea: Calculation of the Preliminary
Margin for All Other Companies,’’ dated
concurrently with this notice.
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
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 will 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
Preliminary Determination
and Compliance no later than seven
The Department preliminarily
days after the date on which the final
determines that the following weighted- verification report is issued in this
average dumping margins exist:
proceeding, and rebuttal briefs, limited
to issues raised in case briefs, may be
Weighted- submitted no later than five days after
average
the deadline date for case briefs.6
Exporter/manufacturer
dumping
Pursuant to 19 CFR 351.309(c)(2) and
margin
(d)(2), parties who submit case briefs or
(percent)
rebuttal briefs in this proceeding are
Dong-A Steel Company ..............
2.53 encouraged to submit with each
HiSteel Co., Ltd ..........................
3.81 argument: (1) A statement of the issue;
All Others ....................................
3.31 (2) a brief summary of the argument;
and (3) a table of authorities.
Suspension of Liquidation
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
In accordance with section 733(d)(2)
hearing must submit a written request to
of the Act, we will direct U.S. Customs
and Border Protection (CBP) to suspend the Assistant Secretary for Enforcement
and Compliance, U.S. Department of
liquidation of all entries of subject
Commerce. All documents must be filed
merchandise from Korea, as described
electronically using ACCESS. An
in Appendix I of this notice, which are
entered, or withdrawn from warehouse, electronically-filed request must be
received successfully in its entirety by
for consumption on or after the date of
publication of this notice in the Federal ACCESS by 5:00 p.m. Eastern Time,
within 30 days after the date of
Register.
publication of this notice. Requests
Pursuant to section 733(d) of the Act
and 19 CFR 351.205(d), we will instruct should contain the party’s name,
address, and telephone number, the
CBP to require cash deposits 5 equal to
number of participants, and a list of the
4 See, e.g., Welded Line Pipe from the Republic of
Turkey: Final Determination of Sales at Less Than
Fair Value, 80 FR 61362, 61363 (October 13, 2015).
5 See Modification of Regulations Regarding the
Practice of Accepting Bonds During the Provisional
VerDate Sep<11>2014
20:18 Feb 29, 2016
Jkt 238001
Measures Period in Antidumping and
Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
6 See 19 CFR 351.309.
PO 00000
Frm 00022
Fmt 4703
Sfmt 4703
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 DOSCO and HiSteel
requested that, in the event of an
affirmative preliminary determination
in this investigation, the Department
postpone the 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.7
In addition, the petitioners 8 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.9
7 See letter from DOSCO entitled, ‘‘Heavy Walled
Rectangular Welded Carbon Steel Pipes and Tubes
from the Republic of Korea: Request for Extension
of Time for the Department’s Final Determination,’’
dated January 13, 2016; and letter from HiSteel
entitled, ‘‘Heavy Walled Rectangular Welded
Carbon Steel Pipes and Tubes from the Republic of
Korea: Request for the Department’s Final
Determination Extension of Deadline,’’ dated
February 8, 2016.
8 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.
9 See letter from the petitioners entitled, ‘‘Heavy
Walled Rectangular Welded Carbon Steel Pipe and
Tubes from Korea: Request to Postpone Final
Determination,’’ dated February 4, 2016.
E:\FR\FM\01MRN1.SGM
01MRN1
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
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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
]]>Agencies
[Federal Register Volume 81, Number 40 (Tuesday, March 1, 2016)]
[Notices]
[Pages 10585-10587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04520]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-880]
Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From
the Republic of Korea: 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 the Republic of Korea (Korea) 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: March 1, 2016.
FOR FURTHER INFORMATION CONTACT: Elizabeth Eastwood or Alice Maldonado,
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-
3874 or (202) 482-4682, 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 and Compliance, the Department has exercised its discretion
to toll all administrative deadlines due to the recent closure of the
Federal Government.\2\ 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. 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\
---------------------------------------------------------------------------
\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).
\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 the Republic of Korea''
(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 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 product covered by this investigation is HWR pipes and tubes
from Korea. For a full description of the scope of this investigation,
see the ``Scope of the Investigation,'' in Appendix I of this notice.
No party filed comments on the scope of this investigation.
Methodology
The Department is conducting this investigation in accordance with
section 731 of the Act. There are two mandatory respondents
participating in this investigation: Dong-A Steel Company (DOSCO) and
HiSteel Co., Ltd (HiSteel). 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.
[[Page 10586]]
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 DOSCO and
HiSteel 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.\4\ For further discussion of this calculation, see the
memorandum entitled ``Heavy Walled Rectangular Welded Carbon Steel
Pipes and Tubes from the Republic of Korea: Calculation of the
Preliminary Margin for All Other Companies,'' dated concurrently with
this notice.
---------------------------------------------------------------------------
\4\ See, e.g., Welded Line Pipe from the Republic of Turkey:
Final Determination of Sales at Less Than Fair Value, 80 FR 61362,
61363 (October 13, 2015).
---------------------------------------------------------------------------
Preliminary Determination
The Department preliminarily determines that the following
weighted-average dumping margins exist:
------------------------------------------------------------------------
Weighted-
average
Exporter/manufacturer dumping
margin
(percent)
------------------------------------------------------------------------
Dong-A Steel Company........................................ 2.53
HiSteel Co., Ltd............................................ 3.81
All Others.................................................. 3.31
------------------------------------------------------------------------
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 Korea, 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 \5\ 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 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.
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\5\ 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).
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Disclosure
We will 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.\6\ 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.
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\6\ See 19 CFR 351.309.
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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 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 DOSCO and HiSteel requested that, in the event of an
affirmative preliminary determination in this investigation, the
Department postpone the 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.\7\ In addition, the
petitioners \8\ 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.\9\
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\7\ See letter from DOSCO entitled, ``Heavy Walled Rectangular
Welded Carbon Steel Pipes and Tubes from the Republic of Korea:
Request for Extension of Time for the Department's Final
Determination,'' dated January 13, 2016; and letter from HiSteel
entitled, ``Heavy Walled Rectangular Welded Carbon Steel Pipes and
Tubes from the Republic of Korea: Request for the Department's Final
Determination Extension of Deadline,'' dated February 8, 2016.
\8\ 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.
\9\ See letter from the petitioners entitled, ``Heavy Walled
Rectangular Welded Carbon Steel Pipe and Tubes from Korea: Request
to Postpone Final Determination,'' dated February 4, 2016.
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[[Page 10587]]
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.\10\
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\10\ See 19 CFR 351.210(b)(2) and (e).
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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 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
