Circular Welded Carbon-Quality Steel Pipe From Pakistan: Affirmative Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination and Extension of Provisional Measures, 36867-36870 [2016-13481]
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Federal Register / Vol. 81, No. 110 / Wednesday, June 8, 2016 / Notices
Dated: Thursday, June 2, 2016.
David Mussatt,
Chief, Regional Programs Unit.
[FR Doc. 2016–13508 Filed 6–7–16; 8:45 am]
BILLING CODE 6335–01–P
COMMISSION ON CIVIL RIGHTS
Notice of Public Meeting of the
Missouri Advisory Committee To
Discuss Approval of a Report to the
Commission Regarding Civil Rights
and Police/Community Relations in the
State
U.S. Commission on Civil
Rights.
ACTION: Notice of meeting.
AGENCY:
Notice is hereby given,
pursuant to the provisions of the rules
and regulations of the U.S. Commission
on Civil Rights (Commission) and the
Federal Advisory Committee Act that
the Missouri Advisory Committee
(Committee) will hold a meeting on
Tuesday, June 28, 2016, at 1:00 p.m.
CDT for the purpose of discussing
approval of a report to the Commission
regarding civil rights and police/
community interactions in Missouri.
Members of the public can listen to
the discussion. This meeting is available
to the public through the following tollfree call-in number: 888–539–3612,
conference ID: 2570459. Any interested
member of the public may call this
number and listen to the meeting.
Callers can expect to incur regular
charges for calls they initiate over
wireless lines according to their
wireless plan, and the Commission will
not refund any incurred charges. Callers
will incur no charge for calls they
initiate over land-line connections to
the toll-free telephone number. Persons
with hearing impairments may also
follow the proceedings by first calling
the Federal Relay Service at 1–800–977–
8339 and providing the Service with the
conference call number and conference
ID number.
Members of the public may comment
in advance of the meeting, or at the
designated public comment period
during the meeting. Written comments
may be mailed to the Midwestern
Regional Office, U.S. Commission on
Civil Rights, 55 W. Monroe St., Suite
410, Chicago, IL 60615. They may also
be faxed to the Commission at (312)
353–8324, or emailed to Corrine
Sanders at csanders@usccr.gov. Persons
who desire additional information may
contact the Midwestern Regional Office
at (312) 353–8311.
Records generated from this meeting
may be inspected and reproduced at the
mstockstill on DSK3G9T082PROD with NOTICES
SUMMARY:
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Midwestern Regional Office, as they
become available, both before and after
the meeting. Records of the meeting will
be available at https://database.faca.
gov/committee/meetings.aspx?cid=258.
Click on ‘‘meeting details’’ and
‘‘documents’’ to download. Persons
interested in the work of this Committee
are directed to the Commission’s Web
site, https://www.usccr.gov, or may
contact the Midwestern Regional Office
at the above email or street address.
Agenda
Welcome and Introductions
Committee Discussion: Draft report
resulting from Committee hearings
on Civil Rights and Police/
Community Relations in Missouri.
(February 23, 2015 St. Louis;
August 20, 2015 Kansas City)
Open Comment
Recommendations and Next Steps
DATES: The meeting will be held on
Tuesday, June 28, 2016, at 1:00 p.m.
CDT.
36867
shown in the ‘‘Preliminary
Determination’’ section of this notice.
Interested parties are invited to
comment on this preliminary
determination.
DATES:
Effective: June 8, 2016.
FOR FURTHER INFORMATION CONTACT:
David Lindgren, 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;
telephone: (202) 482–3870.
SUPPLEMENTARY INFORMATION:
Background
DEPARTMENT OF COMMERCE
The Department initiated this
investigation on November 17, 2015.1
For a complete description of the events
that followed the initiation of this
investigation, see the Preliminary
Decision Memorandum.2 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.
International Trade Administration
Scope of the Investigation
[A–535–903]
The product covered by this
investigation is circular welded pipe
from Pakistan. Interested parties filed
comments regarding the scope of the
investigation, which resulted in one
clarification to the scope language and
are addressed, in detail, in the
Department’s Preliminary Scope
Decision Memorandum.3 For a full
Public Call Information
Dial: 888–539–3612
Conference ID: 2570459
FOR FURTHER INFORMATION CONTACT:
Melissa Wojnaroski, DFO, at 312–353–
8311 or mwojnaroski@usccr.gov.
Dated: June 2, 2016.
David Mussatt,
Chief, Regional Programs Unit.
[FR Doc. 2016–13506 Filed 6–7–16; 8:45 am]
BILLING CODE 6335–01–P
Circular Welded Carbon-Quality Steel
Pipe From Pakistan: Affirmative
Preliminary Determination of Sales at
Less Than Fair Value and
Postponement of Final Determination
and Extension of Provisional Measures
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (the Department)
preliminarily determines that circular
welded carbon-quality steel pipe
(circular welded pipe) from Pakistan 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 is
October 1, 2014, through September 30,
2015. The estimated weighted-average
dumping margins of sales at LTFV are
AGENCY:
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Sfmt 4703
1 See Circular Welded Carbon-Quality Steel Pipe
From the Sultanate of Oman, Pakistan, the
Philippines, the United Arab Emirates, and the
Socialist Republic of Vietnam: Initiation of Less
Than Fair Value Investigations, 80 FR 73708
(November 25, 2015) (Initiation Notice).
2 See Memorandum to Paul Piquado, Assistant
Secretary for Enforcement and Compliance, From
Gary Taverman, Associate Deputy Assistant
Secretary for Enforcement and Compliance,
‘‘Circular Welded Carbon-Quality Steel Pipe from
Pakistan: Affirmative Preliminary Less Than Fair
Value Determination Decision Memorandum,’’
dated concurrently with and hereby adopted by this
notice (Preliminary Decision Memorandum).
3 See Memorandum to Gary Taverman, Associate
Deputy Assistant Secretary for Enforcement and
E:\FR\FM\08JNN1.SGM
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Federal Register / Vol. 81, No. 110 / Wednesday, June 8, 2016 / Notices
description of the scope of this
investigation, see Appendix I to this
notice.
Methodology
The Department is conducting this
investigation in accordance with section
731 of the Act. Pursuant to section
776(a)–(b) of the Act, the Department
has preliminarily relied upon facts
otherwise available, with adverse
inferences, to assign an estimated
weighted-average dumping margin to
the sole mandatory respondent
International Industries Limited (IIL).
For a full description of the
methodology underlying our
preliminary determination, see the
Preliminary Decision Memorandum.
All-Others Rate
mstockstill on DSK3G9T082PROD with NOTICES
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
rates that are zero, de minimis, or
determined entirely under section 776
of the Act. We cannot apply the
methodology described in section
735(c)(5)(A) of the Act to calculate the
‘‘all-others’’ rate, as the only margin in
this preliminary determination was
calculated under section 776 of the Act.
In cases where no weighted-average
dumping margins besides zero, de
minimis, or those determined entirely
under section 776 of the Act have been
established for individually examined
entities, in accordance with section
735(c)(5)(B) of the Act, the Department
averages the margins calculated in the
petition and applies the result to ‘‘allother’’ entities not individually
examined. In this case, however, only
one margin was calculated in the
petition. Therefore, we assigned as the
‘‘all-others’’ rate the only margin in the
Petition, which is 11.80 percent.4
Compliance, ‘‘Antidumping Duty Investigations of
Circular Welded Carbon-Quality Steel Pipe from the
Sultanate of Oman, Pakistan, the United Arab
Emirates, and the Socialist Republic of Vietnam and
Countervailing Duty Investigation of Circular
Welded Carbon-Quality Steel Pipe from Pakistan;
Scope Comments Decision Memorandum for the
Preliminary Determinations,’’ April 1, 2016
(Preliminary Scope Decision Memorandum).
4 See Certain Oil Country Tubular Goods From
Thailand: Preliminary Determination of Sales at
Less Than Fair Value, and Postponement of Final
Determination, 79 FR 10487, 10488 (February 25,
2014), and accompanying Preliminary Decision
Memorandum, unchanged in Certain Oil Country
Tubular Goods From Thailand: Final Determination
of Sales at Less Than Fair Value, 79 FR 41978,
41979 (July 18, 2014).
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of this investigation, as well as the
companion antidumping duty
The Department preliminarily
determines that the following weighted- investigations of circular welded pipe
from the Sultanate of Oman, the United
average dumping margins exist:
Arab Emirates, and the Socialist
Weighted- Republic of Vietnam and the
countervailing duty investigation of
Exporter/
average
producer
margin
circular welded pipe from Pakistan.9
(percent)
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
International Industries Limited ..
11.80
All-Others ....................................
11.80 hearing must submit a written request
within 30 days of the publication of the
preliminary determination in the
Suspension of Liquidation
Federal Register.10 Such requests
In accordance with section 733(d)(2)
should include the party’s name,
of the Act, we will direct U.S. Customs
address, and telephone number, as well
and Border Protection (CBP) to suspend as the number of participants and a list
liquidation of all entries of subject
of the issues to be discussed. If a request
merchandise from Pakistan, as
for a hearing is made, the Department
described in the ‘‘Scope of the
intends to hold the hearing at the U.S.
Investigation’’ section, which are
Department of Commerce, 14th Street
entered, or withdrawn from warehouse, and Constitution Avenue NW.,
for consumption on or after the date of
Washington, DC 20230, at a date, time,
publication of this notice in the Federal and location to be determined. Parties
Register.
will be notified of the date, time, and
Pursuant to section 733(d)(1)(B) of the location of any hearing.
Act and 19 CFR 351.205(d), we will
Parties must file their case briefs and
instruct CBP to require a cash deposit
rebuttal briefs, as well as any requests
equal to the weighted-average margin, as for a hearing, electronically, using
indicated in the chart above.5 These
ACCESS.11 Electronically-filed
suspension of liquidation instructions
documents must be successfully
will remain in effect until further notice. received in their entirety via ACCESS
no later than 5:00 p.m. Eastern Time by
Public Comment
the abovementioned deadlines.12
Interested parties are invited to
Postponement of Final Determination
comment on this preliminary
and Extension of Provisional Measures
determination. Case briefs may be
submitted no later than 30 days from the
Section 735(a)(2) of the Act provides
publication of this preliminary
that a final determination may be
determination in the Federal Register.6
postponed until not later than 135 days
Rebuttal briefs, limited to issues raised
after the date of the publication of the
in the case briefs, may be submitted no
preliminary determination if, in the
later than five days after the deadline for event of an affirmative preliminary
case briefs.7 Parties submitting case
determination, a request for such
briefs and/or rebuttal briefs in this
postponement is made by exporters who
proceeding are encouraged to submit the account for a significant proportion of
following in regard to each argument:
exports of the subject merchandise. 19
(1) A statement of the issue, (2) a brief
CFR 351.210(e)(2) requires that requests
(i.e., no longer than five pages) summary by respondents for postponement of a
of the argument, and (3) a table of
final determination be accompanied by
authorities.8
a request for extension of provisional
The Department also invites parties to measures from a four-month period to a
comment on the Preliminary Scope
period not more than six months in
Decision Memorandum. Written
duration.
comments concerning scope issues may
IIL, the mandatory respondent,
be submitted no later than 30 days from requested that, in the event of an
the publication of this preliminary
affirmative preliminary determination
determination and should be submitted
in this investigation, the Department
separately from the briefs. Scope-related postpone its final determination by 60
comments must be filed on the record
days (i.e., to 135 days after publication
of the preliminary determination) and
5 See Modification of Regulations Regarding the
agreed to extend the application of the
Practice of Accepting Bonds During the Provisional
provisional measures prescribed under
Measures Period in Antidumping and
section 733(d) of the Act and 19 CFR
Countervailing Duty Investigations, 76 FR 61042
Preliminary Determination
(October 3, 2011).
6 See 19 CFR 351.309(c)(1)(i); see also 19 CFR
351.303 (for general filing requirements).
7 See 19 CFR 351.309(d)(1)–(2).
8 See 19 CFR 351.309(c)(2) and (d)(2).
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Sfmt 4703
9 See
Preliminary Scope Decision Memorandum.
19 CFR 351.310(c).
11 See 19 CFR 351.303(b)(2)(i).
12 See 19 CFR 351.303(b)(1).
10 See
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Federal Register / Vol. 81, No. 110 / Wednesday, June 8, 2016 / Notices
351.210(e)(2), from a four-month period
to a period not to exceed six months.13
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, (3)
the requesting exporter has requested
extension of provisional measures to a
period not more than six months, and
(4) no compelling reasons for denial
exist, we are postponing the final
determination until no later than 135
days after publication of this notice in
the Federal Register and extending the
provisional measures from a four-month
period to a period not greater than six
months. Accordingly, we will issue our
final determination no later than 135
days after the date of publication of this
preliminary determination, pursuant to
section 735(a)(2) of the Act.14
International Trade Commission
Notification
In accordance with section 733(f) of
the Act, we will notify the U.S.
International Trade Commission (the
ITC) of our affirmative preliminary
determination of sales at LTFV. If our
final determination is affirmative, the
ITC will determine whether or not
imports of the subject merchandise are
materially injuring, or threaten material
injury to, the U.S. industry within 120
days of publication of this preliminary
determination or 45 days of publication
of our final determination, whichever is
later.
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 31, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
mstockstill on DSK3G9T082PROD with NOTICES
Appendix I—Scope of the Investigation
This investigation covers welded carbonquality steel pipes and tube, of circular crosssection, with an outside diameter (O.D.) not
more than nominal 16 inches (406.4 mm),
regardless of wall thickness, surface finish
(e.g., black, galvanized, or painted), end
finish (plain end, beveled end, grooved,
threaded, or threaded and coupled), or
industry specification (e.g., American Society
for Testing and Materials International
(ASTM), proprietary, or other), generally
known as standard pipe, fence pipe and tube,
sprinkler pipe, and structural pipe (although
subject product may also be referred to as
13 See Letter from IIL, ‘‘CWP from Pakistan—
Request to Postpone the Final Determination,’’ May
28, 2016.
14 See 19 CFR 351.210(b)(2) and (e).
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17:30 Jun 07, 2016
Jkt 238001
mechanical tubing). Specifically, the term
‘‘carbon quality’’ includes products in which:
(a) Iron predominates, by weight, over each
of the other contained elements;
(b) the carbon content is 2 percent or less,
by weight; and
(c) none of the elements listed below
exceeds the quantity, by weight, as indicated:
(i) 1.80 percent of manganese;
(ii) 2.25 percent of silicon;
(iii) 1.00 percent of copper;
(iv) 0.50 percent of aluminum;
(v) 1.25 percent of chromium;
(vi) 0.30 percent of cobalt;
(vii) 0.40 percent of lead;
(viii) 1.25 percent of nickel;
(ix) 0.30 percent of tungsten;
(x) 0.15 percent of molybdenum;
(xi) 0.10 percent of niobium;
(xii) 0.41 percent of titanium;
(xiii) 0.15 percent of vanadium; or
(xiv) 0.15 percent of zirconium.
Covered products are generally made to
standard O.D. and wall thickness
combinations. Pipe multi-stenciled to a
standard and/or structural specification and
to other specifications, such as American
Petroleum Institute (API) API–5L
specification, may also be covered by the
scope of these investigations. In particular,
such multi-stenciled merchandise is covered
when it meets the physical description set
forth above, and also has one or more of the
following characteristics: Is 32 feet in length
or less; is less than 2.0 inches (50 mm) in
outside diameter; has a galvanized and/or
painted (e.g., polyester coated) surface finish;
or has a threaded and/or coupled end finish.
Standard pipe is ordinarily made to ASTM
specifications A53, A135, and A795, but can
also be made to other specifications.
Structural pipe is made primarily to ASTM
specifications A252 and A500. Standard and
structural pipe may also be produced to
proprietary specifications rather than to
industry specifications.
Sprinkler pipe is designed for sprinkler fire
suppression systems and may be made to
industry specifications such as ASTM A53 or
to proprietary specifications.
Fence tubing is included in the scope
regardless of certification to a specification
listed in the exclusions below, and can also
be made to the ASTM A513 specification.
Products that meet the physical description
set forth above but are made to the following
nominal outside diameter and wall thickness
combinations, which are recognized by the
industry as typical for fence tubing, are
included despite being certified to ASTM
mechanical tubing specifications:
O.D. in
inches
(nominal)
1.315
1.315
1.315
1.315
1.315
1.315
1.315
1.660
1.660
1.660
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Wall
thickness
in inches
(nominal)
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
Frm 00010
0.035
0.047
0.055
0.065
0.072
0.083
0.095
0.055
0.065
0.083
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Sfmt 4703
Gage
20
18
17
16
15
14
13
17
16
14
O.D. in
inches
(nominal)
1.660
1.660
1.900
1.900
1.900
1.900
1.900
1.900
2.375
2.375
2.375
2.375
2.375
2.375
2.375
2.875
2.875
3.500
3.500
4.000
4.000
4.500
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
Wall
thickness
in inches
(nominal)
0.095
0.109
0.047
0.055
0.065
0.072
0.095
0.109
0.047
0.055
0.065
0.072
0.095
0.109
0.120
0.109
0.165
0.109
0.165
0.148
0.165
0.203
Gage
13
12
18
17
16
15
13
12
18
17
16
15
13
12
11
12
8
12
8
9
8
7
The scope of this investigation does not
include:
(a) Pipe suitable for use in boilers,
superheaters, heat exchangers, refining
furnaces and feedwater heaters, whether or
not cold drawn, which are defined by
standards such as ASTM A178 or ASTM
A192;
(b) finished electrical conduit, i.e.,
Electrical Rigid Steel Conduit (also known as
Electrical Rigid Metal Conduit and Electrical
Rigid Metal Steel Conduit), Finished
Electrical Metallic Tubing, and Electrical
Intermediate Metal Conduit, which are
defined by specifications such as American
National Standard (ANSI) C80.1–2005, ANSI
C80.3–2005, or ANSI C80.6–2005, and
Underwriters Laboratories Inc. (UL) UL–6,
UL–797, or UL–1242;
(c) finished scaffolding, i.e., component
parts of final, finished scaffolding that enter
the United States unassembled as a ‘‘kit.’’ A
kit is understood to mean a packaged
combination of component parts that
contains, at the time of importation, all of the
necessary component parts to fully assemble
final, finished scaffolding;
(d) tube and pipe hollows for redrawing;
(e) oil country tubular goods produced to
API specifications;
(f) line pipe produced to only API
specifications, such as API 5L, and not multistenciled; and
(g) mechanical tubing, whether or not colddrawn, other than what is included in the
above paragraphs.
The products subject to this investigation
are currently classifiable in Harmonized
Tariff Schedule of the United States (HTSUS)
statistical reporting numbers 7306.19.1010,
7306.19.1050, 7306.19.5110, 7306.19.5150,
7306.30.1000, 7306.30.5015, 7306.30.5020,
7306.30.5025, 7306.30.5032, 7306.30.5040,
7306.30.5055, 7306.30.5085, 7306.30.5090,
7306.50.1000, 7306.50.5030, 7306.50.5050,
and 7306.50.5070. The HTSUS subheadings
above are provided for convenience and U.S.
Customs purposes only. The written
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description of the scope of the investigation
is dispositive.
Appendix II—List of Topics Discussed
in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Postponement of Final Determination and
Extension of Provisional Measures
V. Scope Comments
VI. Use of Facts Available With Adverse
Inferences
A. Application of Facts Available
B. Use of Adverse Inference
C. Selection of the Adverse Facts Available
Rate
D. Corroboration of Secondary Information
VII. All-Others Rate
VIII. Adjustments to Cash Deposit Rates for
Export Subsidies in Companion
Countervailing Duty Investigation
IX. Verification
X. Conclusion
[FR Doc. 2016–13481 Filed 6–7–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–506]
Porcelain-on-Steel Cooking Ware From
the People’s Republic of China: Final
Results of Expedited Sunset Review of
the Antidumping Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
On February 2, 2016, the
Department of Commerce (the
‘‘Department’’) initiated the fourth fiveyear (‘‘sunset’’) review of the
antidumping duty order on porcelainon-steel cooking ware (‘‘POS
cookware’’) from the People’s Republic
of China (‘‘PRC’’) pursuant to section
751(c) of the Tariff Act of 1930, as
amended (the ‘‘Act’’).1 On the basis of
a notice of intent to participate and an
adequate substantive response filed on
behalf of the domestic interested parties,
as well as a lack of response from
respondent interested parties, the
Department conducted an expedited
sunset review of the antidumping duty
order, pursuant to section 751(c)(3)(B) of
the Act and 19 CFR
351.218(e)(1)(ii)(C)(2). As a result of this
sunset review, the Department finds that
revocation of the Order would likely
lead to continuation or recurrence of
dumping at the levels indicated in the
mstockstill on DSK3G9T082PROD with NOTICES
SUMMARY:
1 See Initiation of Five-Year (‘‘Sunset’’) Review, 80
FR 45945 (August 3, 2015) (‘‘Initiation Notice’’).
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17:30 Jun 07, 2016
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‘‘Final Results of Review’’ section of this
notice.
DATES: Effective Date: June 8, 2016.
FOR FURTHER INFORMATION CONTACT:
Andrew Devine, Enforcement and
Compliance, Office V, International
Trade Administration, U.S. Department
of Commerce, 14th Street and
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–0238.
SUPPLEMENTARY INFORMATION:
Background
On February 2, 2016, the Department
initiated the fourth sunset review of the
Order pursuant to section 751(c) of the
Tariff Act of 1930, as amended (‘‘Act’’).2
On February 16, 2016, the Department
received a timely notice of intent to
participate in the sunset review on
behalf of Columbian Home Products
LLC (formerly General Housewares
Corporation) (‘‘Columbian’’), pursuant
to 19 CFR 351.218(d)(1)(i).3 In
accordance with 19 CFR
351.218(d)(1)(ii)(A), Columbian is an
interested party under section 771(9)(C)
of the Act as a producer of the domestic
like product. On March 3, 2016,
Columbian filed a substantive response
in the sunset review within the 30-day
deadline, as specified in 19 CFR
351.218(d)(3)(i).4 The Department did
not receive a substantive response from
any respondent interested party in the
sunset review. On April 4, 2016, the
Department made its adequacy
determination in the sunset review
finding that the Department did not
receive a substantive response from any
respondent interested party.5
Scope of the Order
The subject merchandise is porcelainon-steel cooking ware, including tea
2 See Initiation of Five-Year (‘‘Sunset’’) Review, 80
FR 45945 (August 3, 2015) (‘‘Sunset Initiation’’).
3 See Letter to the Secretary from Columbian,
‘‘Five-Year Sunset Review of Antidumping Duty
Order on Porcelain-On-Steel Cooking Ware From
the People’s Republic of China: Notice of Intent to
Participate in Sunset Review,’’ (February 16, 2016).
4 See Letter to the Secretary from Columbian,
‘‘Five-Year (‘‘Sunset’’) Review Of Antidumping
Duty Order On Porcelain-On-Steel Cooking Ware
From The People’s Republic Of China: Columbian’s
Response To Notice Of Initiation,’’ (March 3, 2016)
(‘‘Substantive Response’’).
5 See Letter to the ITC from the Department,
‘‘Sunset Reviews Initiated on February 2, 2016,’’
(April 4, 2016); specifically, based on the lack of an
adequate response in the sunset review from any
respondent party, the Department is conducting an
expedited (120-day) sunset review consistent with
section 751(c)(3)(B) of the Act and 19 CFR
351.218(e)(1)(ii)(C)(2). See also Procedures for
Conducting Five-year (‘‘Sunset’’) Reviews of
Antidumping and Countervailing Duty Orders, 63
FR 13516, 13519 (March 20, 1998) (the Department
normally will conduct an expedited sunset review
where respondent interested parties provide an
inadequate response).
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
kettles, which do not have selfcontained electric heating elements. All
of the foregoing are constructed of steel
and are enameled or glazed with
vitreous glasses. The merchandise is
currently classifiable under the
Harmonized Tariff Schedule (‘‘HTSUS’’)
subheading 7323.94.00.6
Analysis of Comments Received
All issues raised in this review are
addressed in the ‘‘Issues and Decision
Memorandum for the Final Results of
the Expedited Sunset Review of the
Antidumping Duty Order on Porcelainon-Steel Cooking Ware from the
People’s Republic of China’’ (‘‘Issues
and Decision Memorandum’’) from
Christian Marsh, Deputy Assistant
Secretary, Antidumping and
Countervailing Duty Operations, to Paul
Piquado, Assistant Secretary for
Enforcement and Compliance, dated
concurrently with and hereby adopted
by this notice. The issues discussed in
the Issues and Decision Memorandum
include the likelihood of continuation
or recurrence of dumping and the
magnitude of the margins likely to
prevail if the Order were revoked.
Parties may find a complete discussion
of all issues raised in the review and the
corresponding recommendations in this
public memorandum which is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Services System (‘‘ACCESS’’).
Access to ACCESS is available in the
Central Records Unit room B8024 of the
main Commerce building. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly on the Web at https://trade.gov/
enforcement. The signed Issues and
Decision Memorandum and the
electronic version of the Issues and
Decision Memorandum are identical in
content.
Final Results of Review
Pursuant to sections 752(c)(1) and (3)
of the Act, we determine that revocation
of the antidumping duty order on POS
cookware from the PRC would likely
lead to continuation or recurrence of
dumping at weighted-average margins
up to 66.65 percent.
Notice Regarding Administrative
Protective Order (‘‘APO’’)
This notice also serves as the only
reminder to parties subject to an APO of
their responsibility concerning the
return or destruction of proprietary
6 See Porcelain-on-Steel Cooking Ware From the
People’s Republic of China: Final Results of
Expedited Sunset Review of the Antidumping Duty
Order, 76 FR 7534 (February 10, 2011).
E:\FR\FM\08JNN1.SGM
08JNN1
]]>Agencies
[Federal Register Volume 81, Number 110 (Wednesday, June 8, 2016)]
[Notices]
[Pages 36867-36870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13481]
=======================================================================
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-535-903]
Circular Welded Carbon-Quality Steel Pipe From Pakistan:
Affirmative Preliminary Determination of Sales at Less Than Fair Value
and Postponement of Final Determination and Extension of Provisional
Measures
AGENCY: Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The U.S. Department of Commerce (the Department) preliminarily
determines that circular welded carbon-quality steel pipe (circular
welded pipe) from Pakistan 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 is October 1, 2014, through September 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: June 8, 2016.
FOR FURTHER INFORMATION CONTACT: David Lindgren, 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; telephone: (202) 482-
3870.
SUPPLEMENTARY INFORMATION:
Background
The Department initiated this investigation on November 17,
2015.\1\ For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\2\ 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 Circular Welded Carbon-Quality Steel Pipe From the
Sultanate of Oman, Pakistan, the Philippines, the United Arab
Emirates, and the Socialist Republic of Vietnam: Initiation of Less
Than Fair Value Investigations, 80 FR 73708 (November 25, 2015)
(Initiation Notice).
\2\ See Memorandum to Paul Piquado, Assistant Secretary for
Enforcement and Compliance, From Gary Taverman, Associate Deputy
Assistant Secretary for Enforcement and Compliance, ``Circular
Welded Carbon-Quality Steel Pipe from Pakistan: Affirmative
Preliminary Less Than Fair Value Determination Decision
Memorandum,'' dated concurrently with and hereby adopted by this
notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is circular welded pipe
from Pakistan. Interested parties filed comments regarding the scope of
the investigation, which resulted in one clarification to the scope
language and are addressed, in detail, in the Department's Preliminary
Scope Decision Memorandum.\3\ For a full
[[Page 36868]]
description of the scope of this investigation, see Appendix I to this
notice.
---------------------------------------------------------------------------
\3\ See Memorandum to Gary Taverman, Associate Deputy Assistant
Secretary for Enforcement and Compliance, ``Antidumping Duty
Investigations of Circular Welded Carbon-Quality Steel Pipe from the
Sultanate of Oman, Pakistan, the United Arab Emirates, and the
Socialist Republic of Vietnam and Countervailing Duty Investigation
of Circular Welded Carbon-Quality Steel Pipe from Pakistan; Scope
Comments Decision Memorandum for the Preliminary Determinations,''
April 1, 2016 (Preliminary Scope Decision Memorandum).
---------------------------------------------------------------------------
Methodology
The Department is conducting this investigation in accordance with
section 731 of the Act. Pursuant to section 776(a)-(b) of the Act, the
Department has preliminarily relied upon facts otherwise available,
with adverse inferences, to assign an estimated weighted-average
dumping margin to the sole mandatory respondent International
Industries Limited (IIL). For a full description of the methodology
underlying our preliminary determination, 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 rates that are
zero, de minimis, or determined entirely under section 776 of the Act.
We cannot apply the methodology described in section 735(c)(5)(A) of
the Act to calculate the ``all-others'' rate, as the only margin in
this preliminary determination was calculated under section 776 of the
Act. In cases where no weighted-average dumping margins besides zero,
de minimis, or those determined entirely under section 776 of the Act
have been established for individually examined entities, in accordance
with section 735(c)(5)(B) of the Act, the Department averages the
margins calculated in the petition and applies the result to ``all-
other'' entities not individually examined. In this case, however, only
one margin was calculated in the petition. Therefore, we assigned as
the ``all-others'' rate the only margin in the Petition, which is 11.80
percent.\4\
---------------------------------------------------------------------------
\4\ See Certain Oil Country Tubular Goods From Thailand:
Preliminary Determination of Sales at Less Than Fair Value, and
Postponement of Final Determination, 79 FR 10487, 10488 (February
25, 2014), and accompanying Preliminary Decision Memorandum,
unchanged in Certain Oil Country Tubular Goods From Thailand: Final
Determination of Sales at Less Than Fair Value, 79 FR 41978, 41979
(July 18, 2014).
---------------------------------------------------------------------------
Preliminary Determination
The Department preliminarily determines that the following
weighted-average dumping margins exist:
------------------------------------------------------------------------
Weighted-
average
Exporter/ producer margin
(percent)
------------------------------------------------------------------------
International Industries Limited............................ 11.80
All-Others.................................................. 11.80
------------------------------------------------------------------------
Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, we will direct
U.S. Customs and Border Protection (CBP) to suspend liquidation of all
entries of subject merchandise from Pakistan, as described in the
``Scope of the Investigation'' section, which are entered, or withdrawn
from warehouse, for consumption on or after the date of publication of
this notice in the Federal Register.
Pursuant to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d),
we will instruct CBP to require a cash deposit equal to the weighted-
average margin, as indicated in the chart above.\5\ These suspension of
liquidation instructions will remain in effect until further notice.
---------------------------------------------------------------------------
\5\ See Modification of Regulations Regarding the Practice of
Accepting Bonds During the Provisional Measures Period in
Antidumping and Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
---------------------------------------------------------------------------
Public Comment
Interested parties are invited to comment on this preliminary
determination. Case briefs may be submitted no later than 30 days from
the publication of this preliminary determination in the Federal
Register.\6\ Rebuttal briefs, limited to issues raised in the case
briefs, may be submitted no later than five days after the deadline for
case briefs.\7\ Parties submitting case briefs and/or rebuttal briefs
in this proceeding are encouraged to submit the following in regard to
each argument: (1) A statement of the issue, (2) a brief (i.e., no
longer than five pages) summary of the argument, and (3) a table of
authorities.\8\
---------------------------------------------------------------------------
\6\ See 19 CFR 351.309(c)(1)(i); see also 19 CFR 351.303 (for
general filing requirements).
\7\ See 19 CFR 351.309(d)(1)-(2).
\8\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------
The Department also invites parties to comment on the Preliminary
Scope Decision Memorandum. Written comments concerning scope issues may
be submitted no later than 30 days from the publication of this
preliminary determination and should be submitted separately from the
briefs. Scope-related comments must be filed on the record of this
investigation, as well as the companion antidumping duty investigations
of circular welded pipe from the Sultanate of Oman, the United Arab
Emirates, and the Socialist Republic of Vietnam and the countervailing
duty investigation of circular welded pipe from Pakistan.\9\
---------------------------------------------------------------------------
\9\ See Preliminary Scope Decision Memorandum.
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request within 30 days of the
publication of the preliminary determination in the Federal
Register.\10\ Such requests should include the party's name, address,
and telephone number, as well as 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 location to be determined. Parties will be
notified of the date, time, and location of any hearing.
---------------------------------------------------------------------------
\10\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------
Parties must file their case briefs and rebuttal briefs, as well as
any requests for a hearing, electronically, using ACCESS.\11\
Electronically-filed documents must be successfully received in their
entirety via ACCESS no later than 5:00 p.m. Eastern Time by the
abovementioned deadlines.\12\
---------------------------------------------------------------------------
\11\ See 19 CFR 351.303(b)(2)(i).
\12\ See 19 CFR 351.303(b)(1).
---------------------------------------------------------------------------
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. 19 CFR 351.210(e)(2) requires that
requests by respondents for postponement of a final determination be
accompanied by a request for extension of provisional measures from a
four-month period to a period not more than six months in duration.
IIL, the mandatory respondent, requested that, in the event of an
affirmative preliminary determination in this investigation, the
Department postpone its final determination by 60 days (i.e., to 135
days after publication of the preliminary determination) and agreed to
extend the application of the provisional measures prescribed under
section 733(d) of the Act and 19 CFR
[[Page 36869]]
351.210(e)(2), from a four-month period to a period not to exceed six
months.\13\
---------------------------------------------------------------------------
\13\ See Letter from IIL, ``CWP from Pakistan--Request to
Postpone the Final Determination,'' May 28, 2016.
---------------------------------------------------------------------------
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, (3) the requesting
exporter has requested extension of provisional measures to a period
not more than six months, and (4) no compelling reasons for denial
exist, we are postponing the final determination until no later than
135 days after publication of this notice in the Federal Register and
extending the provisional measures from a four-month period to a period
not greater than six months. Accordingly, we will issue our final
determination no later than 135 days after the date of publication of
this preliminary determination, pursuant to section 735(a)(2) of the
Act.\14\
---------------------------------------------------------------------------
\14\ See 19 CFR 351.210(b)(2) and (e).
---------------------------------------------------------------------------
International Trade Commission Notification
In accordance with section 733(f) of the Act, we will notify the
U.S. International Trade Commission (the ITC) of our affirmative
preliminary determination of sales at LTFV. If our final determination
is affirmative, the ITC will determine whether or not imports of the
subject merchandise are materially injuring, or threaten material
injury to, the U.S. industry within 120 days of publication of this
preliminary determination or 45 days of publication of our final
determination, whichever is later.
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 31, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I--Scope of the Investigation
This investigation covers welded carbon-quality steel pipes and
tube, of circular cross-section, with an outside diameter (O.D.) not
more than nominal 16 inches (406.4 mm), regardless of wall
thickness, surface finish (e.g., black, galvanized, or painted), end
finish (plain end, beveled end, grooved, threaded, or threaded and
coupled), or industry specification (e.g., American Society for
Testing and Materials International (ASTM), proprietary, or other),
generally known as standard pipe, fence pipe and tube, sprinkler
pipe, and structural pipe (although subject product may also be
referred to as mechanical tubing). Specifically, the term ``carbon
quality'' includes products in which:
(a) Iron predominates, by weight, over each of the other
contained elements;
(b) the carbon content is 2 percent or less, by weight; and
(c) none of the elements listed below exceeds the quantity, by
weight, as indicated:
(i) 1.80 percent of manganese;
(ii) 2.25 percent of silicon;
(iii) 1.00 percent of copper;
(iv) 0.50 percent of aluminum;
(v) 1.25 percent of chromium;
(vi) 0.30 percent of cobalt;
(vii) 0.40 percent of lead;
(viii) 1.25 percent of nickel;
(ix) 0.30 percent of tungsten;
(x) 0.15 percent of molybdenum;
(xi) 0.10 percent of niobium;
(xii) 0.41 percent of titanium;
(xiii) 0.15 percent of vanadium; or
(xiv) 0.15 percent of zirconium.
Covered products are generally made to standard O.D. and wall
thickness combinations. Pipe multi-stenciled to a standard and/or
structural specification and to other specifications, such as
American Petroleum Institute (API) API-5L specification, may also be
covered by the scope of these investigations. In particular, such
multi-stenciled merchandise is covered when it meets the physical
description set forth above, and also has one or more of the
following characteristics: Is 32 feet in length or less; is less
than 2.0 inches (50 mm) in outside diameter; has a galvanized and/or
painted (e.g., polyester coated) surface finish; or has a threaded
and/or coupled end finish.
Standard pipe is ordinarily made to ASTM specifications A53,
A135, and A795, but can also be made to other specifications.
Structural pipe is made primarily to ASTM specifications A252 and
A500. Standard and structural pipe may also be produced to
proprietary specifications rather than to industry specifications.
Sprinkler pipe is designed for sprinkler fire suppression
systems and may be made to industry specifications such as ASTM A53
or to proprietary specifications.
Fence tubing is included in the scope regardless of
certification to a specification listed in the exclusions below, and
can also be made to the ASTM A513 specification. Products that meet
the physical description set forth above but are made to the
following nominal outside diameter and wall thickness combinations,
which are recognized by the industry as typical for fence tubing,
are included despite being certified to ASTM mechanical tubing
specifications:
------------------------------------------------------------------------
Wall thickness
O.D. in inches (nominal) in inches Gage
(nominal)
------------------------------------------------------------------------
1.315................................... 0.035 20
1.315................................... 0.047 18
1.315................................... 0.055 17
1.315................................... 0.065 16
1.315................................... 0.072 15
1.315................................... 0.083 14
1.315................................... 0.095 13
1.660................................... 0.055 17
1.660................................... 0.065 16
1.660................................... 0.083 14
1.660................................... 0.095 13
1.660................................... 0.109 12
1.900................................... 0.047 18
1.900................................... 0.055 17
1.900................................... 0.065 16
1.900................................... 0.072 15
1.900................................... 0.095 13
1.900................................... 0.109 12
2.375................................... 0.047 18
2.375................................... 0.055 17
2.375................................... 0.065 16
2.375................................... 0.072 15
2.375................................... 0.095 13
2.375................................... 0.109 12
2.375................................... 0.120 11
2.875................................... 0.109 12
2.875................................... 0.165 8
3.500................................... 0.109 12
3.500................................... 0.165 8
4.000................................... 0.148 9
4.000................................... 0.165 8
4.500................................... 0.203 7
------------------------------------------------------------------------
The scope of this investigation does not include:
(a) Pipe suitable for use in boilers, superheaters, heat
exchangers, refining furnaces and feedwater heaters, whether or not
cold drawn, which are defined by standards such as ASTM A178 or ASTM
A192;
(b) finished electrical conduit, i.e., Electrical Rigid Steel
Conduit (also known as Electrical Rigid Metal Conduit and Electrical
Rigid Metal Steel Conduit), Finished Electrical Metallic Tubing, and
Electrical Intermediate Metal Conduit, which are defined by
specifications such as American National Standard (ANSI) C80.1-2005,
ANSI C80.3-2005, or ANSI C80.6-2005, and Underwriters Laboratories
Inc. (UL) UL-6, UL-797, or UL-1242;
(c) finished scaffolding, i.e., component parts of final,
finished scaffolding that enter the United States unassembled as a
``kit.'' A kit is understood to mean a packaged combination of
component parts that contains, at the time of importation, all of
the necessary component parts to fully assemble final, finished
scaffolding;
(d) tube and pipe hollows for redrawing;
(e) oil country tubular goods produced to API specifications;
(f) line pipe produced to only API specifications, such as API
5L, and not multi-stenciled; and
(g) mechanical tubing, whether or not cold-drawn, other than
what is included in the above paragraphs.
The products subject to this investigation are currently
classifiable in Harmonized Tariff Schedule of the United States
(HTSUS) statistical reporting numbers 7306.19.1010, 7306.19.1050,
7306.19.5110, 7306.19.5150, 7306.30.1000, 7306.30.5015,
7306.30.5020, 7306.30.5025, 7306.30.5032, 7306.30.5040,
7306.30.5055, 7306.30.5085, 7306.30.5090, 7306.50.1000,
7306.50.5030, 7306.50.5050, and 7306.50.5070. The HTSUS subheadings
above are provided for convenience and U.S. Customs purposes only.
The written
[[Page 36870]]
description of the scope of the investigation is dispositive.
Appendix II--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Postponement of Final Determination and Extension of Provisional
Measures
V. Scope Comments
VI. Use of Facts Available With Adverse Inferences
A. Application of Facts Available
B. Use of Adverse Inference
C. Selection of the Adverse Facts Available Rate
D. Corroboration of Secondary Information
VII. All-Others Rate
VIII. Adjustments to Cash Deposit Rates for Export Subsidies in
Companion Countervailing Duty Investigation
IX. Verification
X. Conclusion
[FR Doc. 2016-13481 Filed 6-7-16; 8:45 am]
BILLING CODE 3510-DS-P
