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]

Download as PDF 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: VerDate Sep<11>2014 17:30 Jun 07, 2016 Jkt 238001 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, http://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 http://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: PO 00000 Frm 00008 Fmt 4703 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 Continued 08JNN1 36868 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). VerDate Sep<11>2014 17:30 Jun 07, 2016 Jkt 238001 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). PO 00000 Frm 00009 Fmt 4703 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 E:\FR\FM\08JNN1.SGM 08JNN1 36869 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). VerDate Sep<11>2014 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 PO 00000 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 Fmt 4703 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 E:\FR\FM\08JNN1.SGM 08JNN1 36870 Federal Register / Vol. 81, No. 110 / Wednesday, June 8, 2016 / Notices 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’’). VerDate Sep<11>2014 17:30 Jun 07, 2016 Jkt 238001 ‘‘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 http://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 
http://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).
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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).
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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