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]
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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).
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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
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Fmt 4703
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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).
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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]
-----------------------------------------------------------------------
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