Seamless Carbon Alloy Steel Standard Line and Pressure Pipes From the People's Republic of China: Continuation of Antidumping Duty Order and Countervailing Duty Order, 14089-14090 [2016-05941]

Download as PDF Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Notices IV. Scope of the Order V. Discussion of Interested Party Comments A. General Issues Comment 1: The Use of Constructed Value to Calculate Normal Value Comment 2: Whether the Department Should Apply the Transaction-to-Transaction Method, and Whether the Department Should Alter Its Application of Differential Pricing in this Administrative Review Warranty Guarantee Expenses Comment 30: Correction to Hyundai’s Liquidation Instructions VI. Recommendation [FR Doc. 2016–05940 Filed 3–15–16; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration mstockstill on DSK4VPTVN1PROD with NOTICES B. Hyosung—Specific Issues Comment 3: The Department’s Capping of Certain Expense Revenues Comment 4: The Department’s Adjustment to Home Market Warranty Expenses and Indirect Selling Expenses Comment 5: The Department’s Treatment of Ocean Freight Revenue Comment 6: The Department’s Treatment of U.S. Commission Expenses Comment 7: Clerical Error Related to U.S. Direct Selling Expenses [A–570–956 and C–570–957] C. Hyundai Heavy Industries Co., Ltd.— Specific Issues Comment 8: Hyundai’s Reporting of Constructed Value Comment 9: The Department’s Treatment of U.S. Commission Offset Comment 10: Hyundai’s Failure to Report Reimbursed Expenses Comment 11: Hyundai Reporting of U.S. and Home Market Dates of Sale Comment 12: Hyundai’s Reported Installation and Supervision Expenses Comment 13: Hyundai’s Calculations of Indirect Selling Expenses for the Home and U.S. Markets Comment 14: Hyundai’s Failure to Provide Audited 2013 Financial Statements for Hyundai Corporation (Korea) Comment 15: Application of Adverse Facts Available to Hyundai Comment 16: Hyundai’s Reporting of U.S. Credit Expenses Comment 17: Hyundai’s Reporting of Bank Charges Incurred on its U.S. Sales Comment 18: Hyundai’s Reporting of U.S. Brokerage Expenses Comment 19: Hyundai’s Reporting of U.S. Inland Freight Expenses for U.S. Sales that Included Spare Parts Comment 20: Hyundai’s Reporting of its U.S. Supervision Costs Comment 21: Verification of Amounts Reported by Hyundai for Warranty Expenses and Domestic Indirect Selling Expenses Incurred in the United States Comment 22: Hyundai’s Failure to Report Inventory Carrying Costs Incurred in the United States Comment 23: Issues with Specific U.S. Sales Comment 24: Hyundai’s Reporting of Insurance and Packing Expenses for Home-Market Sales Comment 25: Hyundai’s Reporting of HomeMarket Inland Trucking Expenses Comment 26: Hyundai’s Reporting Home Market Insurance Expenses Comment 27: Hyundai’s Reporting of Other Direct Selling Expenses Comment 28: Hyundai’s Reporting of Actual Packing Expenses Comment 29: Hyundai’s Reporting of SUMMARY: VerDate Sep<11>2014 18:11 Mar 15, 2016 Jkt 238001 Seamless Carbon Alloy Steel Standard Line and Pressure Pipes From the People’s Republic of China: Continuation of Antidumping Duty Order and Countervailing Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: As a result of the determinations by the Department of Commerce (the Department) and the International Trade Commission (ITC) that revocation of the antidumping duty (AD) order and countervailing duty (CVD) order on seamless carbon alloy steel standard line and pressure pipes (seamless pipe) from the People’s Republic of China (PRC) would likely lead to a continuation or recurrence of dumping and countervailable subsidies and material injury to an industry in the United States, the Department is publishing a notice of continuation of the antidumping duty order and the countervailing duty order. DATES: Effective Date: March 16, 2016. FOR FURTHER INFORMATION CONTACT: Aleksandras Nakutis, Office IV, or, Peter Zukowski, Office I, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–3147 or (202) 482–0189. SUPPLEMENTARY INFORMATION: Background On November 10, 2010, the Department published the AD and CVD orders on imports of seamless pipes from the PRC.1 There have been no administrative reviews since issuance of the Orders. There have been no related 1 See Certain Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe From the People’s Republic of China: Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order, 75 FR 69052 (November 10, 2010); see also Certain Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe From the People’s Republic of China: Amended Final Affirmative Countervailing Duty Determination and Countervailing Duty Order, 75 FR 69050 (November 10, 2010) (Orders). PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 14089 findings or rulings (e.g., changed circumstances review, scope ruling, duty absorption review) since issuance of the Orders. On October 1, 2015, the Department published a notice of initiation of the first sunset review of the AD and CVD Orders on seamless pipe from the PRC, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).2 As a result of its reviews, the Department determined that revocation of the AD order would likely lead to a continuation or recurrence of dumping and that revocation of the CVD order would likely lead to continuation or recurrence of countervailable subsidies. The Department, therefore, notified the ITC of the magnitude of the margin and the net countervailable subsidy rates likely to prevail should the antidumping order and the countervailing duty order be revoked.3 On March 7, 2016, the ITC published notice of its determination, pursuant to section 751(c) of the Act, that revocation of the AD and CVD orders on seamless pipe from the PRC would likely lead to a continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.4 Scope of the Orders The scope of these orders consists of certain seamless carbon and alloy steel (other than stainless steel) pipes and redraw hollows, less than or equal to 16 inches (406.4 mm) in outside diameter, regardless of wall-thickness, manufacturing process (e.g., hotfinished or cold-drawn), end finish (e.g., plain end, beveled end, upset end, threaded, or threaded and coupled), or surface finish (e.g., bare, lacquered or coated). Redraw hollows are any unfinished carbon or alloy steel (other than stainless steel) pipe or ‘‘hollow profiles’’ suitable for cold finishing operations, such as cold drawing, to meet the American Society for Testing 2 See Initiation of Five-Year ‘‘Sunset’’ Reviews, 80 FR 59133 (October 1, 2015). 3 See Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe From the People’s Republic of China: Final Results of the Expedited Sunset Review of the Antidumping Duty Order, 81 FR 7305 (February 11, 2016) and accompanying Issues and Decision Memorandum; see also Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe From the People’s Republic of China: Final Results of Expedited First Sunset Review of the Countervailing Duty Order, 81 FR 5985 (February 4, 2016) and the accompanying Issues and Decision Memorandum. 4 See Certain Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe from China: Determination, 81 FR 11837 (March 7, 2016); see also Certain Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe from China: Investigation Numbers 701–TA–469 and 731–TA– 1168 (Review), USITC Publication 4595, (February 2016). E:\FR\FM\16MRN1.SGM 16MRN1 14090 Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES and Materials (‘‘ASTM’’) or American Petroleum Institute (‘‘API’’) specifications referenced below, or comparable specifications. Specifically included within the scope are seamless carbon and alloy steel (other than stainless steel) standard, line, and pressure pipes produced to the ASTM A–53, ASTM A–106, ASTM A–333, ASTM A–334, ASTM A–589, ASTM A–795, ASTM A–1024, and the API 5L specifications, or comparable specifications, and meeting the physical parameters described above, regardless of application, with the exception of the exclusion discussed below. Specifically excluded from the scope of the orders are: (1) All pipes meeting aerospace, hydraulic, and bearing tubing specifications; (2) all pipes meeting the chemical requirements of ASTM A–335, whether finished or unfinished; and (3) unattached couplings. Also excluded from the scope of the order are all mechanical, boiler, condenser and heat exchange tubing, except when such products conform to the dimensional requirements, i.e., outside diameter and wall thickness of ASTM A–53, ASTM A–106 or API 5L specifications. The merchandise covered by the orders is currently classified in the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’) under item numbers: 7304.19.1020, 7304.19.1030, 7304.19.1045, 7304.19.1060, 7304.19.5020, 7304.19.5050, 7304.31.6050, 7304.39.0016, 7304.39.0020, 7304.39.0024, 7304.39.0028, 7304.39.0032, 7304.39.0036, 7304.39.0040, 7304.39.0044, 7304.39.0048, 7304.39.0052, 7304.39.0056, 7304.39.0062, 7304.39.0068, 7304.39.0072, 7304.51.5005, 7304.51.5060, 7304.59.6000, 7304.59.8010, 7304.59.8015, 7304.59.8020, 7304.59.8025, 7304.59.8030, 7304.59.8035, 7304.59.8040, 7304.59.8045, 7304.59.8050, 7304.59.8055, 7304.59.8060, 7304.59.8065, and 7304.59.8070. Although the HTSUS subheadings are provided for convenience and customs purposes, our written description of the merchandise subject to this scope is dispositive. Continuation of the Orders As a result of the determinations by the Department and the ITC that revocation of the AD and CVD orders would likely lead to a continuation or recurrence of dumping and countervailable subsidies and material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act and 19 CFR 351.218(a), the Department hereby orders the VerDate Sep<11>2014 18:11 Mar 15, 2016 Jkt 238001 continuation of the AD order and CVD order on seamless pipe from the PRC. U.S. Customs and Border Protection will continue to collect antidumping and countervailing duty cash deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of the continuation of the orders will be the date of publication in the Federal Register of this notice of continuation. Pursuant to section 751(c)(2) of the Act, the Department intends to initiate the next five-year review of the orders not later than 30 days prior to the fifth anniversary of the effective date of continuation. These five-year (‘‘sunset’’) reviews and this notice are in accordance with section 751(c) of the Act and published pursuant to section 777(i)(1) of the Act and 19 CFR 351.218(f)(4). Dated: March 9, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2016–05941 Filed 3–15–16; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–201–847] Heavy Walled Rectangular Carbon Steel Pipes and Tubes From Mexico: Amended Preliminary Determination of Sales at Less Than Fair Value Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of the correction of a significant ministerial error, the Department of Commerce (the Department) continues to preliminarily determine that heavy walled rectangular carbon steel pipes and tubes (HWR pipes and tubes) from Mexico are being 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 is July 1, 2014, through June 30, 2015. Interested parties are invited to comment on this amended 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. AGENCY: PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 SUPPLEMENTARY INFORMATION: Background On February 29, 2016, Productos Laminados de Monterrey S.A. de C.V. (Prolamsa), alleged that the Department made a significant ministerial error in the Preliminary Determination.1 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. Significant Ministerial Error A ministerial error is defined in 19 CFR 351.224(f) as ‘‘an error in addition, subtraction, or other arithmetic function, clerical error resulting from inaccurate copying, duplication, or the like, and any other similar type of unintentional error which the Secretary considers ministerial.’’ Further, 19 CFR 1 See 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, 81 FR 10587 (March 1, 2016) (Preliminary Determination). E:\FR\FM\16MRN1.SGM 16MRN1

Agencies

[Federal Register Volume 81, Number 51 (Wednesday, March 16, 2016)]
[Notices]
[Pages 14089-14090]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05941]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-956 and C-570-957]


Seamless Carbon Alloy Steel Standard Line and Pressure Pipes From 
the People's Republic of China: Continuation of Antidumping Duty Order 
and Countervailing Duty Order

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

 
SUMMARY: As a result of the determinations by the Department of 
Commerce (the Department) and the International Trade Commission (ITC) 
that revocation of the antidumping duty (AD) order and countervailing 
duty (CVD) order on seamless carbon alloy steel standard line and 
pressure pipes (seamless pipe) from the People's Republic of China 
(PRC) would likely lead to a continuation or recurrence of dumping and 
countervailable subsidies and material injury to an industry in the 
United States, the Department is publishing a notice of continuation of 
the antidumping duty order and the countervailing duty order.

DATES: Effective Date: March 16, 2016.

FOR FURTHER INFORMATION CONTACT: Aleksandras Nakutis, Office IV, or, 
Peter Zukowski, Office I, AD/CVD Operations, Enforcement and 
Compliance, International Trade Administration, U.S. Department of 
Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; 
telephone: (202) 482-3147 or (202) 482-0189.

SUPPLEMENTARY INFORMATION:

Background

    On November 10, 2010, the Department published the AD and CVD 
orders on imports of seamless pipes from the PRC.\1\ There have been no 
administrative reviews since issuance of the Orders. There have been no 
related findings or rulings (e.g., changed circumstances review, scope 
ruling, duty absorption review) since issuance of the Orders.
---------------------------------------------------------------------------

    \1\ See Certain Seamless Carbon and Alloy Steel Standard, Line, 
and Pressure Pipe From the People's Republic of China: Amended Final 
Determination of Sales at Less Than Fair Value and Antidumping Duty 
Order, 75 FR 69052 (November 10, 2010); see also Certain Seamless 
Carbon and Alloy Steel Standard, Line, and Pressure Pipe From the 
People's Republic of China: Amended Final Affirmative Countervailing 
Duty Determination and Countervailing Duty Order, 75 FR 69050 
(November 10, 2010) (Orders).
---------------------------------------------------------------------------

    On October 1, 2015, the Department published a notice of initiation 
of the first sunset review of the AD and CVD Orders on seamless pipe 
from the PRC, pursuant to section 751(c) of the Tariff Act of 1930, as 
amended (the Act).\2\ As a result of its reviews, the Department 
determined that revocation of the AD order would likely lead to a 
continuation or recurrence of dumping and that revocation of the CVD 
order would likely lead to continuation or recurrence of 
countervailable subsidies. The Department, therefore, notified the ITC 
of the magnitude of the margin and the net countervailable subsidy 
rates likely to prevail should the antidumping order and the 
countervailing duty order be revoked.\3\ On March 7, 2016, the ITC 
published notice of its determination, pursuant to section 751(c) of 
the Act, that revocation of the AD and CVD orders on seamless pipe from 
the PRC would likely lead to a continuation or recurrence of material 
injury to an industry in the United States within a reasonably 
foreseeable time.\4\
---------------------------------------------------------------------------

    \2\ See Initiation of Five-Year ``Sunset'' Reviews, 80 FR 59133 
(October 1, 2015).
    \3\ See Seamless Carbon and Alloy Steel Standard, Line, and 
Pressure Pipe From the People's Republic of China: Final Results of 
the Expedited Sunset Review of the Antidumping Duty Order, 81 FR 
7305 (February 11, 2016) and accompanying Issues and Decision 
Memorandum; see also Seamless Carbon and Alloy Steel Standard, Line, 
and Pressure Pipe From the People's Republic of China: Final Results 
of Expedited First Sunset Review of the Countervailing Duty Order, 
81 FR 5985 (February 4, 2016) and the accompanying Issues and 
Decision Memorandum.
    \4\ See Certain Seamless Carbon and Alloy Steel Standard, Line, 
and Pressure Pipe from China: Determination, 81 FR 11837 (March 7, 
2016); see also Certain Seamless Carbon and Alloy Steel Standard, 
Line, and Pressure Pipe from China: Investigation Numbers 701-TA-469 
and 731-TA-1168 (Review), USITC Publication 4595, (February 2016).
---------------------------------------------------------------------------

Scope of the Orders

    The scope of these orders consists of certain seamless carbon and 
alloy steel (other than stainless steel) pipes and redraw hollows, less 
than or equal to 16 inches (406.4 mm) in outside diameter, regardless 
of wall-thickness, manufacturing process (e.g., hot-finished or cold-
drawn), end finish (e.g., plain end, beveled end, upset end, threaded, 
or threaded and coupled), or surface finish (e.g., bare, lacquered or 
coated). Redraw hollows are any unfinished carbon or alloy steel (other 
than stainless steel) pipe or ``hollow profiles'' suitable for cold 
finishing operations, such as cold drawing, to meet the American 
Society for Testing

[[Page 14090]]

and Materials (``ASTM'') or American Petroleum Institute (``API'') 
specifications referenced below, or comparable specifications. 
Specifically included within the scope are seamless carbon and alloy 
steel (other than stainless steel) standard, line, and pressure pipes 
produced to the ASTM A-53, ASTM A-106, ASTM A-333, ASTM A-334, ASTM A-
589, ASTM A-795, ASTM A-1024, and the API 5L specifications, or 
comparable specifications, and meeting the physical parameters 
described above, regardless of application, with the exception of the 
exclusion discussed below.
    Specifically excluded from the scope of the orders are: (1) All 
pipes meeting aerospace, hydraulic, and bearing tubing specifications; 
(2) all pipes meeting the chemical requirements of ASTM A-335, whether 
finished or unfinished; and (3) unattached couplings. Also excluded 
from the scope of the order are all mechanical, boiler, condenser and 
heat exchange tubing, except when such products conform to the 
dimensional requirements, i.e., outside diameter and wall thickness of 
ASTM A-53, ASTM A-106 or API 5L specifications.
    The merchandise covered by the orders is currently classified in 
the Harmonized Tariff Schedule of the United States (``HTSUS'') under 
item numbers: 7304.19.1020, 7304.19.1030, 7304.19.1045, 7304.19.1060, 
7304.19.5020, 7304.19.5050, 7304.31.6050, 7304.39.0016, 7304.39.0020, 
7304.39.0024, 7304.39.0028, 7304.39.0032, 7304.39.0036, 7304.39.0040, 
7304.39.0044, 7304.39.0048, 7304.39.0052, 7304.39.0056, 7304.39.0062, 
7304.39.0068, 7304.39.0072, 7304.51.5005, 7304.51.5060, 7304.59.6000, 
7304.59.8010, 7304.59.8015, 7304.59.8020, 7304.59.8025, 7304.59.8030, 
7304.59.8035, 7304.59.8040, 7304.59.8045, 7304.59.8050, 7304.59.8055, 
7304.59.8060, 7304.59.8065, and 7304.59.8070. Although the HTSUS 
subheadings are provided for convenience and customs purposes, our 
written description of the merchandise subject to this scope is 
dispositive.

Continuation of the Orders

    As a result of the determinations by the Department and the ITC 
that revocation of the AD and CVD orders would likely lead to a 
continuation or recurrence of dumping and countervailable subsidies and 
material injury to an industry in the United States, pursuant to 
section 751(d)(2) of the Act and 19 CFR 351.218(a), the Department 
hereby orders the continuation of the AD order and CVD order on 
seamless pipe from the PRC. U.S. Customs and Border Protection will 
continue to collect antidumping and countervailing duty cash deposits 
at the rates in effect at the time of entry for all imports of subject 
merchandise.
    The effective date of the continuation of the orders will be the 
date of publication in the Federal Register of this notice of 
continuation. Pursuant to section 751(c)(2) of the Act, the Department 
intends to initiate the next five-year review of the orders not later 
than 30 days prior to the fifth anniversary of the effective date of 
continuation.
    These five-year (``sunset'') reviews and this notice are in 
accordance with section 751(c) of the Act and published pursuant to 
section 777(i)(1) of the Act and 19 CFR 351.218(f)(4).

    Dated: March 9, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-05941 Filed 3-15-16; 8:45 am]
BILLING CODE 3510-DS-P