Welded Stainless Pressure Pipe From India: Affirmative Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 28824-28826 [2016-11034]
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28824
Federal Register / Vol. 81, No. 90 / Tuesday, May 10, 2016 / Notices
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return or destruction
of APO materials or conversion to
judicial protective order is hereby
requested. Failure to comply with the
regulations and the terms of an APO is
a sanctionable violation.
Notification to Interested Parties
This administrative review and notice
are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act and 19 CFR 351.213(h)(1).
Dated: May 3, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2016–11032 Filed 5–9–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–86]
Welded Stainless Pressure Pipe From
India: Affirmative Preliminary
Determination of Sales at Less Than
Fair Value and Postponement of Final
Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
The Department of Commerce
(‘‘Department’’) preliminarily
determines that Welded Stainless
Pressure Pipe from India (‘‘WSPP’’) is
being, or is 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.
SUMMARY:
DATES:
Effective Date: May 10, 2016.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
FOR FURTHER INFORMATION CONTACT:
James Terpstra, or Alex Rosen, AD/CVD
Operations, Office III, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–3965, or (202)
482–7814, respectively.
SUPPLEMENTARY INFORMATION:
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Background
Scope of the Investigation
The Department published the notice
of initiation of this investigation on
October 27, 2015.1 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.2 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
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.
As explained in the memorandum
from the Acting Assistant Secretary for
Enforcement and Compliance, the
Department exercised its discretion to
toll deadlines as a result of the closure
of the Federal Government for
Snowstorm Jonas.3 All deadlines in this
segment of the proceeding have been
extended by four business days.
Furthermore, on March 3, 2016, based
upon a request from Petitioners, the
Department postponed the time period
for the preliminary determination of this
investigation by 40 days, to May 3,
2016, in accordance with section
733(c)(1)(B) of the Act and 19 CFR
351.205(f)(1).4
The product covered by this
investigation is circular welded
austenitic stainless pressure pipe not
greater than 14 inches in outside
diameter, from India. For a full
description of the scope of this
investigation, see the ‘‘Scope of the
Investigation,’’ in Appendix I.
1 See Welded Stainless Pressure Pipe from India:
Initiation of Antidumping Duty Investigation, 80 FR
65696 (October 27, 2015) (‘‘Initiation Notice’’).
2 See Memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, ‘‘Decision Memorandum for the
Preliminary Determination in the Antidumping
Duty Investigation of Welded Stainless Pressure
Pipe from India’’ (‘‘Preliminary Decision
Memorandum’’), dated concurrently with this
notice.
3 See Memorandum to the file from Ron
Lorentzen, Acting Assistant Secretary for
Enforcement and Compliance, ‘‘Tolling of
Administrative Deadlines as a Result of the
Government Closure during Snowstorm ‘Jonas,’ ’’
dated January 27, 2016.
4 See Welded Stainless Pressure Pipe from India:
Postponement of Preliminary Determination of
Antidumping Duty Investigation, 81 FR 11179
(March 3, 2016).
PO 00000
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Sfmt 4703
Scope Comments
In accordance with the preamble to
the Department’s regulations,5 the
Initiation Notice set aside a period of
time for parties to raise issues regarding
product coverage (i.e., ‘‘scope’’).6 No
party commented on the scope of the
investigation as it appeared in the
Initiation Notice, and the scope
language is unchanged for this
preliminary determination.
Methodology
The Department is conducting this
investigation in accordance with section
731 of the Act. For the two mandatory
respondents Steamline Industries Ltd
(‘‘Steamline’’) and Sunrise Stainless Pvt.
Ltd (‘‘Sunrise’’), we calculated export
price (EP) and constructed export price
(‘‘CEP’’) in accordance with section 772
of the Act, and normal value (‘‘NV’’) in
accordance with section 773 of the Act.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum.
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 or de minimis margins, and any
margins determined entirely under
section 776 of the Act. Because we
calculated a de minimis weightedaverage dumping margin for Sunrise
Stainless Pvt. Ltd. (‘‘Sunrise’’), we based
the all-others rate on the margin
calculated for Steamline Industries Ltd.
(‘‘Steamline’’), the other mandatory
respondent in this investigation.
Preliminary Determination
The Department preliminarily
determines that the following estimated
weighted-average dumping margins
exist:
5 See Antidumping Duties; Countervailing Duties,
62 FR 27296, 27323 (May 19, 1997).
6 See Initiation Notice, 80 FR at 65696.
E:\FR\FM\10MYN1.SGM
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Federal Register / Vol. 81, No. 90 / Tuesday, May 10, 2016 / Notices
Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or
Exporter/producer
rebuttal briefs in this proceeding are
encouraged to submit with each
Steamline Industries Ltd. ............
18.90 argument: (1) A statement of the issue;
(2) a brief summary of the argument;
Sunrise Stainless Pvt. Ltd. and
and (3) a table of authorities.
Sun Mark Stainless Pvt. Ltd.
Pursuant to 19 CFR 351.310(c),
(collectively, ‘‘Sunrise’’) 7 .........
*1.91
All Others ....................................
18.90 interested parties who wish to request a
hearing must submit a written request to
* (de minimis)
the Assistant Secretary for Enforcement
Suspension of Liquidation
and Compliance, U.S. Department of
Commerce. All documents must be filed
In accordance with section 733(d)(2)
electronically using ACCESS. An
of the Act, we will direct U.S. Customs
and Border Protection (CBP) to suspend electronically-filed request must be
received successfully in its entirety by
liquidation of all entries of WSPP from
ACCESS by 5:00 p.m. Eastern Time,
India, with the exception of exports
within 30 days after the date of
from Sunrise, as described in the scope
publication of this notice.10 Requests
of the investigation section entered, or
should contain the party’s name,
withdrawn from warehouse, for
address, and telephone number, the
consumption on or after the date of
publication of this notice in the Federal number of participants, and a list of the
Register. Pursuant to 19 CFR 351.205(d), issues to be discussed. If a request for
a hearing is made, the Department
we will instruct CBP to require a cash
intends to hold the hearing at the U.S.
deposit equal to the weighted-average
Department of Commerce, 14th Street
amount by which the NV exceeds CEP,
and Constitution Avenue NW.,
as indicated in the chart above 8
Washington, DC 20230, at a time and
adjusted where appropriate for export
date to be determined. Parties should
subsidies, as follows: the rate for
confirm by telephone the date, time, and
Steamline, when adjusted for export
location of the hearing two days before
subsidies, is 16.90 percent; the rate for
the scheduled date.
all others producers or exporters, when
adjusted for export subsidies, is also
Verification
16.90 percent. These suspension of
As provided in section 782(i) of the
liquidation instructions will remain in
Act, we intend to verify information
effect until further notice.
relied upon in making our final
Disclosure and Public Comment
determination.
We will disclose the calculations
Postponement of Final Determination
performed to interested parties in this
and Extension of Provisional Measures
proceeding within five days of the date
Section 735(a)(2) of the Act provides
of publication of this notice in
that a final determination may be
accordance with 19 CFR 351.224(b).
postponed until not later than 135 days
Interested parties are invited to
after the date of the publication of the
comment on this preliminary
preliminary determination if, in the
determination. Case briefs or other
event of an affirmative preliminary
written comments may be submitted to
determination, a request for such
the Assistant Secretary for Enforcement
postponement is made by exporters who
and Compliance no later than seven
account for a significant proportion of
days after the date on which the final
exports of the subject merchandise, or in
verification report is issued in this
the event of a negative preliminary
proceeding, and rebuttal briefs, limited
determination, a request for such
to issues raised in case briefs, may be
postponement is made by Petitioners. 19
submitted no later than five days after
CFR 351.210(e)(2) requires that requests
9
the deadline date for case briefs.
by respondents for postponement of a
final antidumping determination be
7 We have preliminarily determined to collapse
accompanied by a request for extension
Sunrise with its affiliate Sun Mark Stainless Pvt,
of provisional measures from a fourLtd. (collectively, ‘‘Sunrise’’). See Memorandum to
Brendan Quinn, Acting Director, Office III,
month period to a period not more than
‘‘Antidumping Duty Investigation on Welded
six months in duration.
Stainless Pressure Pipe from India: Preliminary
On April 28, 2016, pursuant to 19
Affiliation and Collapsing Memorandum for
CFR 351.210(b) and (e), Sunrise
Sunrise Stainless Private Limited’’ dated
concurrently with this notice.
requested that, contingent upon an
8 See Modification of Regulations Regarding the
affirmative preliminary determination of
Practice of Accepting Bonds During the Provisional
sales at LTFV, the Department postpone
Measures Period in Antidumping and
the final determination and that
Countervailing Duty Investigations, 76 FR 61042
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Weightedaverage
margin
(percent)
(October 3, 2011).
9 See 19 CFR 351.309.
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17:33 May 09, 2016
10 See
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PO 00000
19 CFR 351.310(c).
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Sfmt 4703
28825
provisional measures be extended to a
period not to exceed six months.11
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 exporter
accounts for a significant proportion of
exports of the subject merchandise; and
(3) no compelling reasons for denial
exist, we are postponing the final
determination and extending the
provisional measures from a four-month
period to a period not greater than six
months. Accordingly, we will make 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.12
International Trade Commission
(‘‘ITC’’) Notification
In accordance with section 733(f) of
the Act, we will notify the ITC of our
preliminary affirmative determination of
sales at LTFV. Because the preliminary
determination in this proceeding is
affirmative, section 735(b)(2) of the Act
requires that the ITC make its final
determination whether the domestic
industry in the United States is
materially injured, or threatened with
material injury, by reason of imports of
WSPP from India before the later of 120
days after the date of this preliminary
determination or 45 days after our final
determination.
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: May 3, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
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.
11 See Letter to the Secretary of Commerce from
Sunrise ‘‘Extension Request for Final
Determination’’ (April 28, 2016).
12 See also 19 CFR 351.210(e).
E:\FR\FM\10MYN1.SGM
10MYN1
28826
Federal Register / Vol. 81, No. 90 / Tuesday, May 10, 2016 / Notices
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.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
asabaliauskas on DSK3SPTVN1PROD with NOTICES
I. Summary
II. Background
III. Period of Investigation
IV. Affiliation and Collapsing
V. Postponement of Final Determination and
Extension of Provisional Measures
VI. Scope of the Investigation
VII. Discussion of Methodology
A. Determination of Comparison Method
B. Results of the Differential Pricing
Analysis
VIII. Date of Sale
IX. Product Comparisons
X. Export Price and Constructed Export Price
XI. Normal Value
A. Comparison Market Viability
B. Affiliated-Party Transactions and Arm’sLength Test
C. Level of Trade
D. Cost of Production Analysis
1. Calculation of Cost of Production
2. Test of Comparison Market Sale Prices
3. Results of the COP Test
E. Calculation of NV Based on Comparison
Market Prices
XII. Currency Conversion
XIII. Adjustment to Cash Deposit Rates
XIV. U.S. ITC Notification
XV. Disclosure and Public Comment
XVI. Verification
XVII. Conclusion
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–823]
Silicomanganese From India:
Preliminary Results of Antidumping
Duty Administrative Review; 2014–
2015
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is conducting an
administrative review of the
antidumping duty order on
silicomanganese from India pursuant to
section 751(a)(1) of the Tariff Act of
1930, as amended (the Act).1 This
review covers one company, Universal
Ferro and Allied Chemicals Ltd.
(Universal). The period of review (POR)
is May 1, 2014, through April 30, 2015.
We preliminarily find no evidence of
any reviewable entries, shipments, or
sales of subject merchandise by
Universal during the POR, and are
therefore issuing a preliminary no
shipments determination.
DATES: Effective Date: May 10, 2016.
FOR FURTHER INFORMATION CONTACT:
David Lindgren at (202) 482–3870; AD/
CVD Operations, Office VII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
Scope of the Order
The products subject to the order are
all forms, sizes and compositions of
silicomanganese, except low-carbon
silicomanganese, including
silicomanganese briquettes, fines and
slag. The silicomanganese subject to the
order is currently classifiable under
subheading 7202.30.0000 of the
Harmonized Tariff Schedule of the
United States (HTSUS). The HTSUS
subheading is provided for convenience
and customs purposes. A full
description of the scope of the order is
contained in the Preliminary Decision
Memorandum, which is hereby adopted
by this notice.2 The written description
is dispositive.
[FR Doc. 2016–11034 Filed 5–9–16; 8:45 am]
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 80 FR
37588 (July 1, 2015) (Initiation).
2 For a full description of the scope of the order,
see Memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, ‘‘Decision Memorandum for the
Preliminary Results of the 2014–2015
BILLING CODE 3510–DS–P
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Methodology
The Department is conducting this
review in accordance with section
751(a)(2) of the Tariff Act of 1930, as
amended (the Act). For a full
description of the methodology
underlying our conclusions, see
Preliminary Decision Memorandum.
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 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 accessed directly
on the Internet at https://
enforcement.trade.gov/frn/.
The signed Preliminary Decision
Memorandum is identical in content.
Preliminary Determination of No
Shipments
Based on information Universal
submitted after the initiation of this
administrative review, and due to the
fact that we have not received any
information from U.S. Customs and
Border Protection (CBP) indicating that
Universal had entries during the POR,
the Department has preliminarily
determined that the record evidence
indicates that Universal had no
reviewable entries during the POR. In
addition, the Department finds that it is
not appropriate to rescind the review
with respect to Universal but, rather, to
complete the review and issue
appropriate instructions to CBP based
on the final results of review, as is our
practice.3
Assessment Rates
For entries of subject merchandise
during the POR produced by Universal
which it did not know were destined for
the United States, we instructed CBP to
liquidate unreviewed entries at the allothers rate if there was no rate for the
intermediate company or companies
involved in the transaction.4 We intend
to issue assessment instructions directly
Administrative Review of the Antidumping Duty
Order on Silicomanganese from India (Preliminary
Decision Memorandum), dated concurrently with
this notice.
3 See, e.g., Certain Frozen Warmwater Shrimp
From Thailand: Preliminary Results of
Antidumping Duty Administrative Review and
Intent To Revoke the Order (in Part); 2011–2012, 78
FR 15686 (March 12, 2013) and the accompanying
Decision Memorandum at 7 to 8.
4 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
E:\FR\FM\10MYN1.SGM
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]]>Agencies
[Federal Register Volume 81, Number 90 (Tuesday, May 10, 2016)]
[Notices]
[Pages 28824-28826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-11034]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-86]
Welded Stainless Pressure Pipe From India: Affirmative
Preliminary Determination of Sales at Less Than Fair Value and
Postponement of Final Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') preliminarily
determines that Welded Stainless Pressure Pipe from India (``WSPP'') is
being, or is likely to be, sold in the United States at less than fair
value (``LTFV''), as provided in section 733(b) of the Tariff Act of
1930, as amended (``the Act''). The period of investigation (``POI'')
is July 1, 2014, through June 30, 2015. The estimated weighted-average
dumping margins of sales at LTFV are shown in the ``Preliminary
Determination'' section of this notice. Interested parties are invited
to comment on this preliminary determination.
DATES: Effective Date: May 10, 2016.
FOR FURTHER INFORMATION CONTACT: James Terpstra, or Alex Rosen, AD/CVD
Operations, Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3965, or (202) 482-7814, respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department published the notice of initiation of this
investigation on October 27, 2015.\1\ 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.\2\ 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 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.
---------------------------------------------------------------------------
\1\ See Welded Stainless Pressure Pipe from India: Initiation of
Antidumping Duty Investigation, 80 FR 65696 (October 27, 2015)
(``Initiation Notice'').
\2\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Paul Piquado, Assistant Secretary for Enforcement and Compliance,
``Decision Memorandum for the Preliminary Determination in the
Antidumping Duty Investigation of Welded Stainless Pressure Pipe
from India'' (``Preliminary Decision Memorandum''), dated
concurrently with this notice.
---------------------------------------------------------------------------
As explained in the memorandum from the Acting Assistant Secretary
for Enforcement and Compliance, the Department exercised its discretion
to toll deadlines as a result of the closure of the Federal Government
for Snowstorm Jonas.\3\ All deadlines in this segment of the proceeding
have been extended by four business days. Furthermore, on March 3,
2016, based upon a request from Petitioners, the Department postponed
the time period for the preliminary determination of this investigation
by 40 days, to May 3, 2016, in accordance with section 733(c)(1)(B) of
the Act and 19 CFR 351.205(f)(1).\4\
---------------------------------------------------------------------------
\3\ See Memorandum to the file from Ron Lorentzen, Acting
Assistant Secretary for Enforcement and Compliance, ``Tolling of
Administrative Deadlines as a Result of the Government Closure
during Snowstorm `Jonas,' '' dated January 27, 2016.
\4\ See Welded Stainless Pressure Pipe from India: Postponement
of Preliminary Determination of Antidumping Duty Investigation, 81
FR 11179 (March 3, 2016).
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is circular welded
austenitic stainless pressure pipe not greater than 14 inches in
outside diameter, from India. For a full description of the scope of
this investigation, see the ``Scope of the Investigation,'' in Appendix
I.
Scope Comments
In accordance with the preamble to the Department's regulations,\5\
the Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., ``scope'').\6\ No party
commented on the scope of the investigation as it appeared in the
Initiation Notice, and the scope language is unchanged for this
preliminary determination.
---------------------------------------------------------------------------
\5\ See Antidumping Duties; Countervailing Duties, 62 FR 27296,
27323 (May 19, 1997).
\6\ See Initiation Notice, 80 FR at 65696.
---------------------------------------------------------------------------
Methodology
The Department is conducting this investigation in accordance with
section 731 of the Act. For the two mandatory respondents Steamline
Industries Ltd (``Steamline'') and Sunrise Stainless Pvt. Ltd
(``Sunrise''), we calculated export price (EP) and constructed export
price (``CEP'') in accordance with section 772 of the Act, and normal
value (``NV'') in accordance with section 773 of the Act. For a full
description of the methodology underlying our conclusions, see the
Preliminary Decision Memorandum.
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 or de
minimis margins, and any margins determined entirely under section 776
of the Act. Because we calculated a de minimis weighted-average dumping
margin for Sunrise Stainless Pvt. Ltd. (``Sunrise''), we based the all-
others rate on the margin calculated for Steamline Industries Ltd.
(``Steamline''), the other mandatory respondent in this investigation.
Preliminary Determination
The Department preliminarily determines that the following
estimated weighted-average dumping margins exist:
[[Page 28825]]
------------------------------------------------------------------------
Weighted-
average
Exporter/producer margin
(percent)
------------------------------------------------------------------------
Steamline Industries Ltd.................................... 18.90
Sunrise Stainless Pvt. Ltd. and Sun Mark Stainless Pvt. Ltd. *1.91
(collectively, ``Sunrise'') \7\............................
All Others.................................................. 18.90
------------------------------------------------------------------------
* (de minimis)
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 WSPP from India, with the exception of exports from Sunrise,
as described in the scope of the investigation section entered, or
withdrawn from warehouse, for consumption on or after the date of
publication of this notice in the Federal Register. Pursuant to 19 CFR
351.205(d), we will instruct CBP to require a cash deposit equal to the
weighted-average amount by which the NV exceeds CEP, as indicated in
the chart above \8\ adjusted where appropriate for export subsidies, as
follows: the rate for Steamline, when adjusted for export subsidies, is
16.90 percent; the rate for all others producers or exporters, when
adjusted for export subsidies, is also 16.90 percent. These suspension
of liquidation instructions will remain in effect until further notice.
---------------------------------------------------------------------------
\7\ We have preliminarily determined to collapse Sunrise with
its affiliate Sun Mark Stainless Pvt, Ltd. (collectively,
``Sunrise''). See Memorandum to Brendan Quinn, Acting Director,
Office III, ``Antidumping Duty Investigation on Welded Stainless
Pressure Pipe from India: Preliminary Affiliation and Collapsing
Memorandum for Sunrise Stainless Private Limited'' dated
concurrently with this notice.
\8\ 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 and Public Comment
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). 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.\9\ 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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\9\ 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.\10\ 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.
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\10\ See 19 CFR 351.310(c).
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Verification
As provided in section 782(i) of the Act, we intend to verify
information relied upon in making our final determination.
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
Petitioners. 19 CFR 351.210(e)(2) requires that requests by respondents
for postponement of a final antidumping 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.
On April 28, 2016, pursuant to 19 CFR 351.210(b) and (e), Sunrise
requested that, contingent upon an affirmative preliminary
determination of sales at LTFV, the Department postpone the final
determination and that provisional measures be extended to a period not
to exceed six months.\11\
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\11\ See Letter to the Secretary of Commerce from Sunrise
``Extension Request for Final Determination'' (April 28, 2016).
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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 exporter accounts for a significant
proportion of exports of the subject merchandise; and (3) no compelling
reasons for denial exist, we are postponing the final determination and
extending the provisional measures from a four-month period to a period
not greater than six months. Accordingly, we will make 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.\12\
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\12\ See also 19 CFR 351.210(e).
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International Trade Commission (``ITC'') Notification
In accordance with section 733(f) of the Act, we will notify the
ITC of our preliminary affirmative determination of sales at LTFV.
Because the preliminary determination in this proceeding is
affirmative, section 735(b)(2) of the Act requires that the ITC make
its final determination whether the domestic industry in the United
States is materially injured, or threatened with material injury, by
reason of imports of WSPP from India before the later of 120 days after
the date of this preliminary determination or 45 days after our final
determination.
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: May 3, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I
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.
[[Page 28826]]
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.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Affiliation and Collapsing
V. Postponement of Final Determination and Extension of Provisional
Measures
VI. Scope of the Investigation
VII. Discussion of Methodology
A. Determination of Comparison Method
B. Results of the Differential Pricing Analysis
VIII. Date of Sale
IX. Product Comparisons
X. Export Price and Constructed Export Price
XI. Normal Value
A. Comparison Market Viability
B. Affiliated-Party Transactions and Arm's-Length Test
C. Level of Trade
D. Cost of Production Analysis
1. Calculation of Cost of Production
2. Test of Comparison Market Sale Prices
3. Results of the COP Test
E. Calculation of NV Based on Comparison Market Prices
XII. Currency Conversion
XIII. Adjustment to Cash Deposit Rates
XIV. U.S. ITC Notification
XV. Disclosure and Public Comment
XVI. Verification
XVII. Conclusion
[FR Doc. 2016-11034 Filed 5-9-16; 8:45 am]
BILLING CODE 3510-DS-P
