Countervailing Duty Investigation of Welded Stainless Pressure Pipe From India: Preliminary Affirmative Determination and Alignment of Final Determination With Final Antidumping Duty Determination, 12871-12873 [2016-05575]
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Federal Register / Vol. 81, No. 48 / Friday, March 11, 2016 / Notices
electronically filed document must be
received successfully in its entirety by
the Department’s electronic records
system, ACCESS, by 5:00 p.m. Eastern
Time within 30 days after the date of
publication of this notice.6 Requests
should contain: (1) The party’s name,
address and telephone number; (2) the
number of participants; and (3) a list of
issues to be discussed. Issues raised in
the hearing will be limited to those
raised in the respective case briefs. The
Department will issue the final results
of this administrative and new shipper
review, including the results of its
analysis of the issues raised in any
written briefs, not later than 120 days
after the date of publication of this
notice, pursuant to section 751(a)(3)(A)
of the Act.
Assessment Rates
If a respondent’s weighted-average
dumping margin is above de minimis in
the final results of these reviews, we
will calculate an importer-specific
assessment rate on the basis of the ratio
of the total amount of antidumping
duties calculated for the importer’s
examined sales and the total entered
value of the sales in accordance with 19
CFR 351.212(b)(1).7 If the respondent’s
weighted-average dumping margin is
zero or de minimis in the final results
of reviews, we will instruct U.S.
Customs and Border Protection (CBP)
not to assess duties on any of its entries
in accordance with the Final
Modification for Reviews.8
For entries of subject merchandise
during the POR produced by DSM or
Hyundai Steel for which they did not
know their merchandise was destined
for the United States, we will instruct
CBP to liquidate unreviewed entries at
the all-others rate if there is no rate for
the intermediate company(ies) involved
in the transaction.
We intend to issue liquidation
instructions to CBP 15 days after
publication of the final results of these
reviews.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Cash Deposit Requirements
The following deposit requirements
will be effective upon publication of the
notice of final results of these reviews
for all shipments of CTL plate from
Korea entered, or withdrawn from
6 See
19 CFR 351.310(c).
these preliminary results, the Department
applied the assessment rate calculation method
adopted in Antidumping Proceedings: Calculation
of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty
Proceedings; Final Modification, 77 FR 8101
(February 14, 2012) (Final Modification for
Reviews).
8 See Final Modification for Reviews, 77 FR at
8102.
7 In
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17:56 Mar 10, 2016
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warehouse, for consumption on or after
the date of publication as provided by
section 751(a)(2) of the Act: (1) The cash
deposit rate with respect to the
administrative review respondent will
be the rate established in the final
results of the review; (2) for
merchandise exported by manufacturers
or exporters not covered in these
reviews but covered in a prior segment
of the proceeding, the cash deposit rate
will continue to be the companyspecific rate published for the most
recent period; (3) if the exporter is not
a firm covered in these reviews, a prior
review, or the original investigation but
the manufacturer is, the cash deposit
rate will be the rate established for the
most recent period for the manufacturer
of the merchandise; (4) the cash deposit
rate for all other manufacturers or
exporters will continue to be 0.98
percent,9 the all-others rate established
in the less-than-fair-value investigation,
adjusted for the export-subsidy rate in
the companion countervailing duty
investigation.
With respect to Hyundai Steel, the
new shipper respondent, the
Department established a combination
cash deposit rate for this company
consistent with its practice as follows:
(1) For subject merchandise produced
and exported by Hyundai Steel, the cash
deposit rate will be the rate established
for Hyundai Steel in the final results of
the NSR; (2) for subject merchandise
exported by Hyundai Steel, but not
produced by Hyundai Steel, the cash
deposit rate will be the rate for the allothers rate established in the less-thanfair-value investigation; and (3) for
subject merchandise produced by
Hyundai Steel but not exported by
Hyundai Steel, the cash deposit rate will
be the rate applicable to the exporter.
These cash deposit requirements,
when imposed, shall remain in effect
until further notice.
Notification to Importers
This notice serves as a preliminary
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this POR.
Failure to comply with this requirement
could result in the Department’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
9 See, e.g., Certain Cut-to-Length Carbon-Quality
Steel Plate Products From the Republic of Korea:
Final Results of Antidumping Duty Administrative
Review; 2013–2014, 80 FR 22971, 22972 n.3 (April
24, 2015).
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12871
The Department is issuing and
publishing these results in accordance
with sections 751(a)(1), 751(a)(2)(B),
777(i) of the Act and 19 CFR 351.214
and 351.221(b)(4).
Dated: March 4, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
Summary
Background
Scope of the Order
Rescission of Administrative Review in Part
Bona Fides Analysis
Comparisons to Normal Value
Determination of Comparison Method
Results of the Differential Pricing Analysis
Product Comparisons
Date of Sale
Level of Trade/CEP Offset
Constructed Export Price
Normal Value
1. Overrun Sales
2. Selection of Comparison Market
3. Affiliated Parties
4. Affiliated Party Transactions and Arm’sLength Test
5. Cost of Production
6. Calculation of Normal Value Based on
Comparison Market Prices
Currency Conversion
Recommendation
[FR Doc. 2016–05567 Filed 3–10–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–868]
Countervailing Duty Investigation of
Welded Stainless Pressure Pipe From
India: Preliminary Affirmative
Determination and Alignment of Final
Determination With Final Antidumping
Duty Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘Department’’) preliminarily
determines that countervailable
subsidies are being provided to
producers and exporters of welded
stainless pressure pipe (‘‘welded
stainless pipe’’) from India. The period
of investigation is January 1, 2014,
through December 31, 2014. We invite
interested parties to comment on this
preliminary determination.
DATES: Effective Date: March 11, 2016.
FOR FURTHER INFORMATION CONTACT:
Andrew Medley at (202) 482–4987, or
Amanda Mallott at (202) 482–6430, AD/
AGENCY:
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12872
Federal Register / Vol. 81, No. 48 / Friday, March 11, 2016 / Notices
CVD Operations, Office III, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Scope of the Investigation
The merchandise covered by this
investigation is circular welded
austenitic stainless pressure pipe not
greater than 14 inches in outside
diameter, from India. For a complete
description of the scope of this
investigation, see Appendix II.
Methodology
The Department is conducting this
countervailing duty (‘‘CVD’’)
investigation in accordance with section
701 of the Tariff Act of 1930, as
amended (‘‘the Act’’). For each of the
subsidy programs found
countervailable, we preliminarily
determine that there is a subsidy, i.e., a
financial contribution by an ‘‘authority’’
that gives rise to a benefit to the
recipient, and that the subsidy is
specific.1 For a full description of the
methodology underlying our
preliminary conclusions, see the
Preliminary Decision Memorandum.2
The Preliminary Decision Memorandum
is a public document and is on file in
the Central Records Unit (‘‘CRU’’),
Room B8024 of the main Department of
Commerce building, as well as
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (‘‘ACCESS’’).
ACCESS is available to registered users
at https://access.trade.gov and it is
available to all parties in the CRU. In
addition, a complete version of the
Preliminary Decision Memorandum can
be accessed directly at https://
enforcement.trade.gov/frn/. The signed
Preliminary Decision Memorandum and
the electronic versions of the
Preliminary Decision Memorandum are
identical in content.
New Subsidy Allegations
asabaliauskas on DSK3SPTVN1PROD with NOTICES
On January 20, 2016, Bristol Metals,
LLC, Felker Brothers Corp, Outokumpu
1 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
2 See Memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, ‘‘Countervailing Duty Investigation of
Welded Stainless Pressure Pipe from India:
Decision Memorandum for the Preliminary
Determination’’ (‘‘Preliminary Decision
Memorandum’’), dated concurrently with, and
hereby adopted by, this notice.
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Stainless Pipe, Inc., and Marcegaglia
USA (collectively, ‘‘Petitioners’’)
submitted a request that the Department
expand its investigation to include 16
additional subsidy programs.3 Based
upon the information contained in
Petitioner’s New Subsidy Allegations
and the Petition,4 the Department is
initiating an investigation of 15
additional subsidy programs
concurrently with this preliminary
determination.5 For these 15 programs,
we have determined that Petitioners
alleged the necessary elements of a
subsidy, i.e., financial contribution,
benefit, and specificity in accordance
with sections 771(5)(B) and 771(5A) of
the Act. We also find that these
allegations are supported by reasonably
available information sufficient to
warrant an investigation of these
subsidy programs, in accordance with
section 702(b)(1) of the Act. We intend
to examine these programs after the
preliminary determination.
Preliminary Determination and
Suspension of Liquidation 6
In accordance with section
703(d)(1)(A)(i) of the Act, we calculated
an individual rate for each producer/
exporter of the subject merchandise
individually investigated. In accordance
with sections 703(d) and 705(c)(5)(A) of
the Act, for companies not individually
examined, we apply an ‘‘all-others’’ rate,
which is normally calculated by
weighting the subsidy rates of the
individual companies as respondents by
those companies’ exports of the subject
merchandise to the United States. Under
section 705(c)(5)(A)(i) of the Act, the allothers rate should exclude zero and de
minimis rates or any rates based entirely
on facts otherwise available pursuant to
section 776 of the Act. Accordingly, in
3 See Letter from Petitioners, ‘‘Welded Stainless
Pressure Pipe from India: New Subsidy
Allegations’’ (‘‘New Subsidy Allegations’’) dated
January 20, 2016.
4 See ‘‘Petition for the Imposition of Antidumping
and Countervailing Duties: Welded Stainless
Pressure Pipe from India,’’ dated September 30,
2015 (‘‘Petition’’).
5 See Memorandum to Brendan Quinn, Acting
Director, Office III, ‘‘Certain Welded Stainless Steel
Pressure Pipe from India: New Subsidy Allegations
Initiation Memorandum,’’ dated concurrently with,
and hereby adopted by, this notice.
6 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.
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.
All deadlines in this segment of the proceeding
have been extended by four business days. The
revised deadline for the preliminary determination
of this administrative review is now March 4, 2016.
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Sfmt 4703
these preliminary results, we have
calculated the ‘‘all-others’’ rate by
weight-averaging the calculated subsidy
rates of the two individually
investigated respondents, using the
respondent’s publicly-ranged sales data
for exports of subject merchandise to the
United States.7
We preliminarily determine the
countervailable subsidy rates to be:
Company
Steamline Industries Limited
Sunrise Stainless Private
Limited, Sun Mark Stainless Pvt. Ltd., and Shah
Foils Ltd. (collectively,
‘‘Sunrise Group’’).
All-Others .............................
Subsidy rate
2.96 percent.
6.21 percent.
4.55 percent.
In accordance with sections
703(d)(1)(B) and (d)(2) of the Act, we are
directing U.S. Customs and Border
Protection to suspend liquidation of all
entries of welded stainless pipe from
India that are entered, or withdrawn
from warehouse, for consumption on or
after the date of the publication of this
notice in the Federal Register, and to
require a cash deposit for such entries
of merchandise in the amounts
indicated above.
Verification
As provided in section 782(i)(1) of the
Act, we intend to verify the information
submitted in response to the
Department’s questionnaires prior to
making our final determination.
Alignment
On February 9, 2016, in accordance
with section 705(a)(1) of the Act,
Petitioners requested an alignment of
the final CVD determination with the
final antidumping duty (‘‘AD’’)
determination of welded stainless pipe
from India.8 Therefore, in accordance
with section 705(a)(1) of the Act and 19
CFR 351.210(b)(4), we are aligning the
final CVD determination in this
investigation with the final AD
determination. Consequently, the final
CVD determination will be issued on
the same date as the final AD
determination, which is currently
scheduled to be issued no later than July
18, 2016, unless postponed.
Disclosure and Public Comment
The Department intends to disclose
calculations performed for this
7 See Memorandum to the File, ‘‘Countervailing
Duty Investigation of Welded Stainless Pressure
Pipe from India: Preliminary Determination Margin
Calculation for All-Others,’’ dated concurrently
with this memorandum.
8 See Letter from Petitioners, ‘‘Welded Stainless
Pressure Pipe from India: Request for Alignment,’’
dated February 9, 2016.
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Federal Register / Vol. 81, No. 48 / Friday, March 11, 2016 / Notices
asabaliauskas on DSK3SPTVN1PROD with NOTICES
preliminary determination to the parties
within five days of the date of public
announcement of this determination in
accordance with 19 CFR 351.224(b).
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.9 A
table of contents, list of authorities used,
and an executive summary of issues
should accompany any briefs submitted
to the Department, pursuant to 19 CFR
351.309(c)(2) and (d)(2). This summary
should be limited to five pages total,
including footnotes.
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, filed electronically using
ACCESS. An electronically-filed request
must be received successfully, and 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 date, time,
and specific location to be determined.
Parties will be notified of the date, time,
and location of any hearing. Parties
should confirm by telephone the date,
time, and location of the hearing two
days before the scheduled date.
International Trade Commission
Notification
In accordance with section 703(f) of
the Act, we will notify the International
Trade Commission (‘‘ITC’’) of our
determination. In addition, we are
making available to the ITC all nonprivileged and non-proprietary
information relating to this
investigation. We will allow the ITC
access to all privileged and business
proprietary information in our files,
provided the ITC confirms that it will
not disclose such information, either
publicly or under an administrative
protective order, without the written
consent of the Assistant Secretary for
Enforcement and Compliance.
9 See
19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
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17:56 Mar 10, 2016
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12873
In accordance with section 705(b)(2)
of the Act, if our final determination is
affirmative, the ITC will make its final
determination within 45 days after the
Department makes its final
determination.
This determination is issued and
published pursuant to sections 703(f)
and 777(i) of the Act and 19 CFR
351.205(c).
purposes only; the written description of the
scope of this investigation is dispositive.
Dated: March 4, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Large Residential Washers From
Mexico: Preliminary Results of the
Antidumping Duty Administrative
Review; 2014–2015
Appendix I
AGENCY:
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Alignment
VI. Injury Test
VII. Subsidies Valuation
VIII. Analysis of Programs
IX. Calculation of the All-Others Rate
X. ITC Notification
XI. Disclosure and Public Comment
XII. Verification
XIII. Conclusion
Appendix II
Scope of the Investigation
The merchandise covered by this
investigation is circular welded austenitic
stainless pressure pipe not greater than 14
inches in outside diameter. References to size
are in nominal inches and include all
products within tolerances allowed by pipe
specifications. This merchandise includes,
but is not limited to, the American Society
for Testing and Materials (‘‘ASTM’’) A–312
or ASTM A–778 specifications, or
comparable domestic or foreign
specifications. ASTM A–358 products are
only included when they are produced to
meet ASTM A–312 or ASTM A–778
specifications, or comparable domestic or
foreign specifications.
Excluded from the scope of the
investigation are: (1) Welded stainless
mechanical tubing, meeting ASTM A–554 or
comparable domestic or foreign
specifications; (2) boiler, heat exchanger,
superheater, refining furnace, feedwater
heater, and condenser tubing, meeting ASTM
A–249, ASTM A–688 or comparable
domestic or foreign specifications; and (3)
specialized tubing, meeting ASTM A–269,
ASTM A–270 or comparable domestic or
foreign specifications.
The subject imports are normally classified
in subheadings 7306.40.5005, 7306.40.5040,
7306.40.5062, 7306.40.5064, and
7306.40.5085 of the Harmonized Tariff
Schedule of the United States (‘‘HTSUS’’).
They may also enter under HTSUS
subheadings 7306.40.1010, 7306.40.1015,
7306.40.5042, 7306.40.5044, 7306.40.5080,
and 7306.40.5090. The HTSUS subheadings
are provided for convenience and customs
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[FR Doc. 2016–05575 Filed 3–10–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–842]
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is conducting an
administrative review of the
antidumping duty order on large
residential washers from Mexico. The
period of review (POR) is February 1,
2014, through January 31, 2015. The
review covers one producer/exporter of
the subject merchandise, Electrolux
Home Products Corp. N.V. and
Electrolux Home Products de Mexico,
S.A. de C.V. (collectively, Electrolux).
We preliminarily determine that sales of
subject merchandise by Electrolux have
been made at prices below normal value
(NV). We invite interested parties to
comment on these preliminary results.
DATES: Effective Date: March 11, 2016.
FOR FURTHER INFORMATION CONTACT:
Brian Smith or Brandon Custard, 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) 482–1766 or (202) 482–
1823.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The products covered by the order are
all large residential washers and certain
subassemblies thereof from Mexico. The
products are currently classifiable under
subheadings 8450.20.0040 and
8450.20.0080 of the Harmonized Tariff
System of the United States (HTSUS).
Products subject to this order may also
enter under HTSUS subheadings
8450.11.0040, 8450.11.0080,
8450.90.2000, and 8450.90.6000.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
merchandise subject to this scope is
dispositive.1
1 A full description of the scope of the order is
contained in the memorandum entitled ‘‘Large
E:\FR\FM\11MRN1.SGM
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]]>Agencies
[Federal Register Volume 81, Number 48 (Friday, March 11, 2016)]
[Notices]
[Pages 12871-12873]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05575]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-868]
Countervailing Duty Investigation of Welded Stainless Pressure
Pipe From India: Preliminary Affirmative Determination and Alignment of
Final Determination With Final Antidumping Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') preliminarily
determines that countervailable subsidies are being provided to
producers and exporters of welded stainless pressure pipe (``welded
stainless pipe'') from India. The period of investigation is January 1,
2014, through December 31, 2014. We invite interested parties to
comment on this preliminary determination.
DATES: Effective Date: March 11, 2016.
FOR FURTHER INFORMATION CONTACT: Andrew Medley at (202) 482-4987, or
Amanda Mallott at (202) 482-6430, AD/
[[Page 12872]]
CVD Operations, Office III, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Scope of the Investigation
The merchandise covered by this investigation is circular welded
austenitic stainless pressure pipe not greater than 14 inches in
outside diameter, from India. For a complete description of the scope
of this investigation, see Appendix II.
Methodology
The Department is conducting this countervailing duty (``CVD'')
investigation in accordance with section 701 of the Tariff Act of 1930,
as amended (``the Act''). For each of the subsidy programs found
countervailable, we preliminarily determine that there is a subsidy,
i.e., a financial contribution by an ``authority'' that gives rise to a
benefit to the recipient, and that the subsidy is specific.\1\ For a
full description of the methodology underlying our preliminary
conclusions, see the Preliminary Decision Memorandum.\2\ The
Preliminary Decision Memorandum is a public document and is on file in
the Central Records Unit (``CRU''), Room B8024 of the main Department
of Commerce building, as well as electronically via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (``ACCESS''). ACCESS is available to registered users at
https://access.trade.gov and it is available to all parties in the CRU.
In addition, a complete version of the Preliminary Decision Memorandum
can be accessed directly at https://enforcement.trade.gov/frn/. The
signed Preliminary Decision Memorandum and the electronic versions of
the Preliminary Decision Memorandum are identical in content.
---------------------------------------------------------------------------
\1\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
\2\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Paul Piquado, Assistant Secretary for Enforcement and Compliance,
``Countervailing Duty Investigation of Welded Stainless Pressure
Pipe from India: Decision Memorandum for the Preliminary
Determination'' (``Preliminary Decision Memorandum''), dated
concurrently with, and hereby adopted by, this notice.
---------------------------------------------------------------------------
New Subsidy Allegations
On January 20, 2016, Bristol Metals, LLC, Felker Brothers Corp,
Outokumpu Stainless Pipe, Inc., and Marcegaglia USA (collectively,
``Petitioners'') submitted a request that the Department expand its
investigation to include 16 additional subsidy programs.\3\ Based upon
the information contained in Petitioner's New Subsidy Allegations and
the Petition,\4\ the Department is initiating an investigation of 15
additional subsidy programs concurrently with this preliminary
determination.\5\ For these 15 programs, we have determined that
Petitioners alleged the necessary elements of a subsidy, i.e.,
financial contribution, benefit, and specificity in accordance with
sections 771(5)(B) and 771(5A) of the Act. We also find that these
allegations are supported by reasonably available information
sufficient to warrant an investigation of these subsidy programs, in
accordance with section 702(b)(1) of the Act. We intend to examine
these programs after the preliminary determination.
---------------------------------------------------------------------------
\3\ See Letter from Petitioners, ``Welded Stainless Pressure
Pipe from India: New Subsidy Allegations'' (``New Subsidy
Allegations'') dated January 20, 2016.
\4\ See ``Petition for the Imposition of Antidumping and
Countervailing Duties: Welded Stainless Pressure Pipe from India,''
dated September 30, 2015 (``Petition'').
\5\ See Memorandum to Brendan Quinn, Acting Director, Office
III, ``Certain Welded Stainless Steel Pressure Pipe from India: New
Subsidy Allegations Initiation Memorandum,'' dated concurrently
with, and hereby adopted by, this notice.
---------------------------------------------------------------------------
Preliminary Determination and Suspension of Liquidation \6\
---------------------------------------------------------------------------
\6\ 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. 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.
All deadlines in this segment of the proceeding have been extended
by four business days. The revised deadline for the preliminary
determination of this administrative review is now March 4, 2016.
---------------------------------------------------------------------------
In accordance with section 703(d)(1)(A)(i) of the Act, we
calculated an individual rate for each producer/exporter of the subject
merchandise individually investigated. In accordance with sections
703(d) and 705(c)(5)(A) of the Act, for companies not individually
examined, we apply an ``all-others'' rate, which is normally calculated
by weighting the subsidy rates of the individual companies as
respondents by those companies' exports of the subject merchandise to
the United States. Under section 705(c)(5)(A)(i) of the Act, the all-
others rate should exclude zero and de minimis rates or any rates based
entirely on facts otherwise available pursuant to section 776 of the
Act. Accordingly, in these preliminary results, we have calculated the
``all-others'' rate by weight-averaging the calculated subsidy rates of
the two individually investigated respondents, using the respondent's
publicly-ranged sales data for exports of subject merchandise to the
United States.\7\
---------------------------------------------------------------------------
\7\ See Memorandum to the File, ``Countervailing Duty
Investigation of Welded Stainless Pressure Pipe from India:
Preliminary Determination Margin Calculation for All-Others,'' dated
concurrently with this memorandum.
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We preliminarily determine the countervailable subsidy rates to be:
------------------------------------------------------------------------
Company Subsidy rate
------------------------------------------------------------------------
Steamline Industries Limited.............. 2.96 percent.
Sunrise Stainless Private Limited, Sun 6.21 percent.
Mark Stainless Pvt. Ltd., and Shah Foils
Ltd. (collectively, ``Sunrise Group'').
All-Others................................ 4.55 percent.
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In accordance with sections 703(d)(1)(B) and (d)(2) of the Act, we
are directing U.S. Customs and Border Protection to suspend liquidation
of all entries of welded stainless pipe from India that are entered, or
withdrawn from warehouse, for consumption on or after the date of the
publication of this notice in the Federal Register, and to require a
cash deposit for such entries of merchandise in the amounts indicated
above.
Verification
As provided in section 782(i)(1) of the Act, we intend to verify
the information submitted in response to the Department's
questionnaires prior to making our final determination.
Alignment
On February 9, 2016, in accordance with section 705(a)(1) of the
Act, Petitioners requested an alignment of the final CVD determination
with the final antidumping duty (``AD'') determination of welded
stainless pipe from India.\8\ Therefore, in accordance with section
705(a)(1) of the Act and 19 CFR 351.210(b)(4), we are aligning the
final CVD determination in this investigation with the final AD
determination. Consequently, the final CVD determination will be issued
on the same date as the final AD determination, which is currently
scheduled to be issued no later than July 18, 2016, unless postponed.
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\8\ See Letter from Petitioners, ``Welded Stainless Pressure
Pipe from India: Request for Alignment,'' dated February 9, 2016.
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Disclosure and Public Comment
The Department intends to disclose calculations performed for this
[[Page 12873]]
preliminary determination to the parties within five days of the date
of public announcement of this determination in accordance with 19 CFR
351.224(b). 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.\9\ A table of contents, list of
authorities used, and an executive summary of issues should accompany
any briefs submitted to the Department, pursuant to 19 CFR
351.309(c)(2) and (d)(2). This summary should be limited to five pages
total, including footnotes.
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\9\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
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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,
filed electronically using ACCESS. An electronically-filed request must
be received successfully, and 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 date,
time, and specific location to be determined. Parties will be notified
of the date, time, and location of any hearing. Parties should confirm
by telephone the date, time, and location of the hearing two days
before the scheduled date.
International Trade Commission Notification
In accordance with section 703(f) of the Act, we will notify the
International Trade Commission (``ITC'') of our determination. In
addition, we are making available to the ITC all non-privileged and
non-proprietary information relating to this investigation. We will
allow the ITC access to all privileged and business proprietary
information in our files, provided the ITC confirms that it will not
disclose such information, either publicly or under an administrative
protective order, without the written consent of the Assistant
Secretary for Enforcement and Compliance.
In accordance with section 705(b)(2) of the Act, if our final
determination is affirmative, the ITC will make its final determination
within 45 days after the Department makes its final determination.
This determination is issued and published pursuant to sections
703(f) and 777(i) of the Act and 19 CFR 351.205(c).
Dated: March 4, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Alignment
VI. Injury Test
VII. Subsidies Valuation
VIII. Analysis of Programs
IX. Calculation of the All-Others Rate
X. ITC Notification
XI. Disclosure and Public Comment
XII. Verification
XIII. Conclusion
Appendix II
Scope of the Investigation
The merchandise covered by this investigation is circular welded
austenitic stainless pressure pipe not greater than 14 inches in
outside diameter. References to size are in nominal inches and
include all products within tolerances allowed by pipe
specifications. This merchandise includes, but is not limited to,
the American Society for Testing and Materials (``ASTM'') A-312 or
ASTM A-778 specifications, or comparable domestic or foreign
specifications. ASTM A-358 products are only included when they are
produced to meet ASTM A-312 or ASTM A-778 specifications, or
comparable domestic or foreign specifications.
Excluded from the scope of the investigation are: (1) Welded
stainless mechanical tubing, meeting ASTM A-554 or comparable
domestic or foreign specifications; (2) boiler, heat exchanger,
superheater, refining furnace, feedwater heater, and condenser
tubing, meeting ASTM A-249, ASTM A-688 or comparable domestic or
foreign specifications; and (3) specialized tubing, meeting ASTM A-
269, ASTM A-270 or comparable domestic or foreign specifications.
The subject imports are normally classified in subheadings
7306.40.5005, 7306.40.5040, 7306.40.5062, 7306.40.5064, and
7306.40.5085 of the Harmonized Tariff Schedule of the United States
(``HTSUS''). They may also enter under HTSUS subheadings
7306.40.1010, 7306.40.1015, 7306.40.5042, 7306.40.5044,
7306.40.5080, and 7306.40.5090. The HTSUS subheadings are provided
for convenience and customs purposes only; the written description
of the scope of this investigation is dispositive.
[FR Doc. 2016-05575 Filed 3-10-16; 8:45 am]
BILLING CODE 3510-DS-P
