Circular Welded Carbon-Quality Steel Pipe From the Socialist Republic of Vietnam: Affirmative Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 36884-36887 [2016-13484]
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36884
Federal Register / Vol. 81, No. 110 / Wednesday, June 8, 2016 / Notices
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
description of the scope of the investigation
is dispositive.
mstockstill on DSK3G9T082PROD with NOTICES
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum:
1. Summary
2. Background
3. Period of Investigation
4. Postponement of Final Determination and
Extension of Provisional Measures
5. Scope Comments
6. Discussion of the Methodology
a. Determination of the Comparison
Method
b. Results of the Differential Pricing
Analysis
7. Date of Sale
8. Product Comparisons
9. Export Price/Constructed Export Price
10. Normal Value
a. Home Market Viability
b. Affiliated Party Transactionsand Arm’s
Length Test
c. Level of Trade
d. Cost of Production (COP) Analysis
1. Cost Averaging Methodology
i. Significance of Cost Changes
ii. Linkage Between Sales and Cost
Information
2. Calculation of COP
3. Test of Comparison Market Sales Prices
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17:30 Jun 07, 2016
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4. Results of the COP Test
e. Calculation of NV Based on ComparisonMarket Prices
11. Currency Conversion
12. Conclusion
[FR Doc. 2016–13528 Filed 6–7–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–820]
Circular Welded Carbon-Quality Steel
Pipe From the Socialist Republic of
Vietnam: Affirmative Preliminary
Determination of Sales at Less Than
Fair Value and Postponement of Final
Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Department) preliminarily determines
that circular welded carbon-quality steel
pipe (CWP) from the Socialist Republic
of Vietnam (Vietnam) is being, or is
likely to be, sold in the United States at
less than fair value (LTFV), as provided
in section 733(b) of the Tariff Act of
1930, as amended (the Act). The period
of investigation (POI) is April 1, 2015,
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:
Nancy Decker or Andrew Huston, 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)
482–0196 or (202) 482–4261,
respectively.
AGENCY:
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 memorandum that
is dated concurrently with this
determination and hereby adopted by
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 LessThan-Fair-Value Investigations, 80 FR 73708
(November 25, 2015) (Initiation Notice).
PO 00000
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Sfmt 4703
this notice.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.
Scope of the Investigation
The product covered by this
investigation is CWP from Vietnam.
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 description of
the scope of this investigation, see the
‘‘Scope of the Investigation,’’ in
Appendix II of this notice.
Methodology
The Department is conducting this
investigation in accordance with section
731 of the Act. Constructed export
prices have been calculated in
accordance with section 772(b) of the
Act. Because Vietnam is a non-market
economy within the meaning of section
771(18) of the Act, we calculated normal
value (NV) in accordance with section
773(c) of the Act. For a full description
of the methodology underlying our
preliminary conclusions, see the
Preliminary Decision Memorandum.
Combination Rates
In the Initiation Notice, the
Department stated that it would
2 See Memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, entitled ‘‘Decision Memorandum for
the Preliminary Determination in the Antidumping
Duty Investigation of Circular Welded CarbonQuality Steel Pipe From the Socialist Republic of
Vietnam’’ (Preliminary Decision Memorandum),
dated concurrently with this notice.
3 See Department Memorandum, ‘‘Antidumping
Duty Investigations of Circular Welded CarbonQuality 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 CarbonQuality Steel Pipe form Pakistan; Scope Comments
Decision Memorandum for the Preliminary
Determination,’’ dated concurrently with and
hereby adopted by this notice (Preliminary Scope
Decision Memorandum).
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Federal Register / Vol. 81, No. 110 / Wednesday, June 8, 2016 / Notices
calculate combination rates for the
respondents that are eligible for a
separate rate in this investigation. Policy
Bulletin 05.1 describes this practice.4
36885
Preliminary Determination
The Department preliminarily
determines that the following weightedaverage dumping margins exist:
Weightedaverage
dumping
margin
(percent)
Exporter
Producer
SeAH Steel VINA Corporation ....................................................
Vietnam Haiphong Hongyuan Machinery Manufactory Co., Ltd
Hoa Phat Steel Pipe Co .............................................................
Vietnam-Wide Entity ...................................................................
SeAH Steel VINA Corporation ...................................................
Vietnam Haiphong Hongyuan Machinery Manufactory Co., Ltd
Hoa Phat Steel Pipe Co ............................................................
....................................................................................................
0.00
* 1.19
* 0.38
113.18
mstockstill on DSK3G9T082PROD with NOTICES
* de minimis.
Suspension of Liquidation
In accordance with section 733(d)(2)
of the Act, we will direct U.S. Customs
and Border Protection (CBP) to suspend
liquidation of all entries of CWP from
Vietnam, as described in the scope of
the investigation section entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of this notice in the Federal
Register except for those produced and
exported by Hoa Phat Steel Pipe Co.
(Hoa Phat), SeAH Steel VINA
Corporation (SeAH), and Vietnam
Haiphong Hongyuan Machinery
Manufactory Co., Ltd. (Hongyuan).
Because the estimated weighted-average
dumping margins for Hoa Phat, SeAH,
and Hongyuan are zero or de minimis,
we are not directing CBP to suspend
liquidation of entries of the
merchandise they produced and
exported.
Pursuant to section 733(d)(1)(B) of the
Act and 19 CFR 351.205(d), the
Department will instruct CBP to require
a cash deposit 5 equal to the weightedaverage amount by which the NV
exceeds U.S. price as follows: (1) The
cash-deposit rate for the exporter/
producer combination listed in the table
above will be the rate identified for that
combination in the table; (2) for all
combinations of Vietnam exporters/
producers of merchandise under
consideration that have not received
their own separate rate above, the cashdeposit rate will be the cash-deposit rate
established for the Vietnam-wide entity,
113.18 percent; and (3) for all nonVietnam exporters of the merchandise
under consideration which have not
received their own separate rate above,
the cash-deposit rate will be the cashdeposit rate applicable to the Vietnam
exporter/producer combination that
supplied that non-Vietnam exporter.
These suspension of liquidation
instructions will remain in effect until
further notice.
4 See Enforcement and Compliance’s Policy
Bulletin No. 05.1, regarding, ‘‘Separate-Rates
Practice and Application of Combination Rates in
Antidumping Investigations involving Non-Market
Economy Countries,’’ (April 5, 2005) (Policy
Bulletin 05.1), available on the Department’s Web
site at https://enforcement.trade.gov/policy/bull051.pdf.
5 See Modification of Regulations Regarding the
Practice of Accepting Bonds During the Provisional
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Jkt 238001
Disclosure
We will disclose the calculations
performed to interested parties in this
proceeding within five days of the
announcement of this preliminary
determination in accordance with 19
CFR 351.224(b).
Verification
As provided in section 782(i) of the
Act, we intend to verify the information
relied upon prior to making our final
determination.
Public Comment
Interested parties are invited to
comment on this preliminary
determination. Case briefs or other
written comments concerning scope
issues may be submitted to the Assistant
Secretary for Enforcement and
Compliance no later than 30 days from
the publication of this notice, and
rebuttal briefs, limited to scope issue
raised in the case briefs, may be
submitted no later than five days after
the deadline date for scope case briefs.
Scope-related briefs/comments must be
filed on the record of this investigation
and the concurrent antidumping and
countervailing duty CWP investigations.
Case briefs or other written comments
on non-scope issues may be submitted
to the Assistant Secretary for
Enforcement and Compliance no later
than seven days after the date on which
the final verification report is issued in
this proceeding, and rebuttal briefs,
limited to non-scope issues raised in
case briefs, may be submitted no later
than five days after the deadline date for
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Fmt 4703
Sfmt 4703
case briefs.6 Pursuant to 19 CFR
351.309(c)(2) and (d)(2), parties who
submit case briefs or rebuttal briefs in
this proceeding are encouraged to
submit with each argument: (1) A
statement of the issue; (2) a brief
summary of the argument; and (3) a
table of authorities.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, U.S. Department of
Commerce. All documents must be filed
electronically using ACCESS. An
electronically-filed request must be
received successfully in its entirety by
ACCESS by 5:00 p.m. Eastern Time,
within 30 days after the date of
publication of this notice. Requests
should contain the party’s name,
address, and telephone number, the
number of participants, and a list of the
issues to be discussed. If a request for
a hearing is made, the Department
intends to hold the hearing at the U.S.
Department of Commerce, 14th Street
and Constitution Avenue NW.,
Washington, DC 20230, at a time and
date to be determined. Parties should
confirm by telephone the date, time, and
location of the hearing two days before
the scheduled date.
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
Measures Period in Antidumping and
Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
6 See 19 CFR 351.309.
E:\FR\FM\08JNN1.SGM
08JNN1
36886
Federal Register / Vol. 81, No. 110 / Wednesday, June 8, 2016 / Notices
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.
Respondents Hongyuan and SeAH,
both 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
351.210(e)(2), from a four-month period
to a period not to exceed six months.7
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 exporters
account for a significant proportion of
exports of the subject merchandise; (3)
the requesting exporters have 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 the publication of this notice
in the Federal Register and extending
the provisional measures from a fourmonth 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.8
mstockstill on DSK3G9T082PROD with NOTICES
International Trade Commission (ITC)
Notification
In accordance with section 733(f) of
the Act, we will notify the ITC of our
affirmative preliminary determination of
sales at LTFV. If our final determination
is affirmative, the ITC will determine
before the later of 120 days after the date
of this preliminary determination or 45
days after our final determination
whether these imports are materially
injuring, or threaten material injury to,
the U.S. industry.
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).
7 See
Letter from Vietnam Haiphong Hongyuan
Machinery Manufactory Co., Ltd, ‘‘Circular Welded
Carbon-Quality Steel Pipe from Vietnam; Request
for Extension of Time for the Final Determination,’’
dated April 28, 2016 and letter from SeAH Steel
VINA Corporation ‘‘Circular Welded CarbonQuality Steel Pipe from Vietnam; Request for
Extension of Deadline for the Department’s Final
Determination,’’ dated May 2, 2016.
8 See 19 CFR 351.210(b)(2) and (e).
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17:30 Jun 07, 2016
Jkt 238001
Dated: May 31, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix I—List of Topics Discussed in
the Preliminary Decision Memorandum
1. Summary
2. Background
3. Period of Investigation
4. Postponement of Final Determination and
Extension of Provisional Measures
5. Scope Comments
6. Discussion of the Methodology
a. Non-Market Economy Country
b. Surrogate Country and Surrogate Values
Comments
c. Separate Rates
d. The Vietnam-Wide Entity
e. Date of Sale
f. Comparisons to Fair Value
7. Currency Conversion
8. Disclosure and Public Comment
9. Verification
10. Conclusion
Appendix II—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
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
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Fmt 4703
Sfmt 4703
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
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)
0.035
0.047
0.055
0.065
0.072
0.083
0.095
0.055
0.065
0.083
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
20
18
17
16
15
14
13
17
16
14
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
E:\FR\FM\08JNN1.SGM
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Federal Register / Vol. 81, No. 110 / Wednesday, June 8, 2016 / Notices
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
description of the scope of the investigation
is dispositive.
[FR Doc. 2016–13484 Filed 6–7–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–122–856]
Certain Iron Mechanical Transfer Drive
Components From Canada: Affirmative
Preliminary Determination of Sales at
Less Than Fair Value and
Postponement of Final Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the ‘‘Department’’) preliminarily
determines that certain iron mechanical
transfer drive components (‘‘iron
transfer drive components’’) from
Canada are being, or are 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
dumping margins of sales at LTFV are
listed in the ‘‘Preliminary
Determination’’ section of this notice.
mstockstill on DSK3G9T082PROD with NOTICES
AGENCY:
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Jkt 238001
Interested parties are invited to
comment on this preliminary
determination.
DATES: Effective June 8, 2016.
FOR FURTHER INFORMATION CONTACT:
Stephen Bailey or Robert Bolling, AD/
CVD Operations, Office IV, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–0193 or (202) 482–
3434, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 28, 2015, the Department
received an antidumping duty (‘‘AD’’)
petition concerning imports of iron
transfer drive components from Canada,
filed in proper form on behalf of TB
Wood’s Incorporated (‘‘TB Woods’’)
(‘‘Petitioner’’).1 The Department
initiated this investigation on November
17, 2015.2 Pursuant to section
733(c)(1)(A) of the Act, the Department
postponed this preliminary LTFV
determination by 50 days until May 31,
2016.3
For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum that is dated
concurrently with and hereby adopted
by this notice.4 The Preliminary
Decision Memorandum is a public
document and is made available to the
public 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 is
available to all parties in the
Department’s Central Records Unit,
room B8024 of the main Department of
Commerce building. In addition, a
complete version of the Preliminary
1 See the Petition for the Imposition of
Antidumping Duties on Imports of Certain Iron
Mechanical Transfer Drive Components from
Canada, dated October 28, 2015 (the ‘‘Petition’’).
2 See Certain Iron Mechanical Transfer Drive
Components from Canada and the People’s
Republic of China: Initiation of Less-Than-FairValue Investigations, 80 FR 73716 (November 25,
2016) (‘‘Initiation Notice’’).
3 See Certain Iron Mechanical Transfer Drive
Components from Canada and the People’s
Republic of China: Postponement of Preliminary
Determinations of Antidumping Duty
Investigations, 81 FR 12687 (March 10, 2016).
4 See Memoranda from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, entitled: ‘‘Decision Memorandum for
the Preliminary Determination of the Antidumping
Duty Investigation of Certain Iron Mechanical
Transfer Drive Components from Canada’’
(Preliminary Decision Memorandum).
PO 00000
Frm 00028
Fmt 4703
Sfmt 4703
36887
Decision Memorandum can be accessed
directly on the internet at https://
enforcement.trade.gov/frn/. The signed
and the electronic versions of the
Preliminary Decision Memorandum are
identical in content.
Tolling and Postponement of Deadline
for Preliminary Determination
As explained in the memorandum
from the Acting Assistant Secretary for
Enforcement and Compliance, the
Department exercised its discretion to
toll deadlines for the duration of the
partial closure of the Federal
Government due from Snowstorm
‘‘Jonas’’ from January 22, through
January 27, 2016. Therefore, all
deadlines in this segment of the
proceeding have been extended by four
business days.5 If the new deadline falls
on a non-business day, in accordance
with the Department’s practice, the
deadline will become the next business
day.6 In this case, the deadline is May
31, 2016.
Scope of the Investigation
The merchandise covered by this
investigation is iron mechanical transfer
drive components. The merchandise
subject to this investigation is properly
classified under Harmonized Tariff
Schedule of the United States
(‘‘HTSUS’’) subheadings 8483.30.8090,
8483.50.6000, 8483.50.9040,
8483.50.9080, 8483.90.3000,
8483.90.8080. Covered merchandise
may also enter under the following
HTSUS subheadings: 7325.10.0080,
7325.99.1000, 7326.19.0010,
7326.19.0080, 8431.31.0040,
8431.31.0060, 8431.39.0010,
8431.39.0050, 8431.39.0070,
8431.39.0080, and 8483.50.4000.
Although the HTSUS subheading is
provided for convenience and customs
purposes, the written description of the
merchandise under investigation is
dispositive. For a complete description
of the scope of the investigation, see
Appendix II to this notice.
Scope Comments
In accordance with the preamble to
the Department’s regulations,7 the
Initiation Notice set aside a period of
time for parties to raise issues regarding
5 See Memorandum for the Record from Ron
Lorentzen, Acting Assistant Secretary for
Enforcement and Compliance, entitled ‘‘Tolling of
Administrative Deadlines as a Result of the
Government Closure during Snowstorm ‘Jonas’,’’
dated January 27, 2016.
6 See Notice of Clarification: Application of ‘‘Next
Business Day’’ Rule for Administrative
Determination Deadlines Pursuant to the Tariff Act
of 1930, As Amended, 70 FR 24533 (May 10, 2005).
7 See Antidumping Duties; Countervailing Duties,
62 FR 27296, 27323 (May 19, 1997).
E:\FR\FM\08JNN1.SGM
08JNN1
]]>Agencies
[Federal Register Volume 81, Number 110 (Wednesday, June 8, 2016)]
[Notices]
[Pages 36884-36887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13484]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-820]
Circular Welded Carbon-Quality Steel Pipe From the Socialist
Republic of Vietnam: Affirmative Preliminary Determination of Sales at
Less Than Fair Value and Postponement of Final Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Department) preliminarily
determines that circular welded carbon-quality steel pipe (CWP) from
the Socialist Republic of Vietnam (Vietnam) is being, or is likely to
be, sold in the United States at less than fair value (LTFV), as
provided in section 733(b) of the Tariff Act of 1930, as amended (the
Act). The period of investigation (POI) is April 1, 2015, 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: Nancy Decker or Andrew Huston, 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-
0196 or (202) 482-4261, respectively.
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 memorandum that is dated
concurrently with this determination and hereby adopted by this
notice.\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 from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Paul Piquado, Assistant Secretary for Enforcement and Compliance,
entitled ``Decision Memorandum for the Preliminary Determination in
the Antidumping Duty Investigation of Circular Welded Carbon-Quality
Steel Pipe From the Socialist Republic of Vietnam'' (Preliminary
Decision Memorandum), dated concurrently with this notice.
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is CWP from Vietnam.
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 description of the scope of
this investigation, see the ``Scope of the Investigation,'' in Appendix
II of this notice.
---------------------------------------------------------------------------
\3\ See Department Memorandum, ``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 form Pakistan; Scope Comments Decision
Memorandum for the Preliminary Determination,'' dated concurrently
with and hereby adopted by this notice (Preliminary Scope Decision
Memorandum).
---------------------------------------------------------------------------
Methodology
The Department is conducting this investigation in accordance with
section 731 of the Act. Constructed export prices have been calculated
in accordance with section 772(b) of the Act. Because Vietnam is a non-
market economy within the meaning of section 771(18) of the Act, we
calculated normal value (NV) in accordance with section 773(c) of the
Act. For a full description of the methodology underlying our
preliminary conclusions, see the Preliminary Decision Memorandum.
Combination Rates
In the Initiation Notice, the Department stated that it would
[[Page 36885]]
calculate combination rates for the respondents that are eligible for a
separate rate in this investigation. Policy Bulletin 05.1 describes
this practice.\4\
---------------------------------------------------------------------------
\4\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigations involving Non-Market Economy
Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available on
the Department's Web site at https://enforcement.trade.gov/policy/bull05-1.pdf.
---------------------------------------------------------------------------
Preliminary Determination
The Department preliminarily determines that the following
weighted-average dumping margins exist:
------------------------------------------------------------------------
Weighted-
average
Exporter Producer dumping margin
(percent)
------------------------------------------------------------------------
SeAH Steel VINA Corporation.... SeAH Steel VINA 0.00
Corporation.
Vietnam Haiphong Hongyuan Vietnam Haiphong * 1.19
Machinery Manufactory Co., Ltd. Hongyuan Machinery
Manufactory Co., Ltd.
Hoa Phat Steel Pipe Co......... Hoa Phat Steel Pipe Co. * 0.38
Vietnam-Wide Entity............ ....................... 113.18
------------------------------------------------------------------------
* de minimis.
Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, we will direct
U.S. Customs and Border Protection (CBP) to suspend liquidation of all
entries of CWP from Vietnam, as described in the scope of the
investigation section entered, or withdrawn from warehouse, for
consumption on or after the date of publication of this notice in the
Federal Register except for those produced and exported by Hoa Phat
Steel Pipe Co. (Hoa Phat), SeAH Steel VINA Corporation (SeAH), and
Vietnam Haiphong Hongyuan Machinery Manufactory Co., Ltd. (Hongyuan).
Because the estimated weighted-average dumping margins for Hoa Phat,
SeAH, and Hongyuan are zero or de minimis, we are not directing CBP to
suspend liquidation of entries of the merchandise they produced and
exported.
Pursuant to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d),
the Department will instruct CBP to require a cash deposit \5\ equal to
the weighted-average amount by which the NV exceeds U.S. price as
follows: (1) The cash-deposit rate for the exporter/producer
combination listed in the table above will be the rate identified for
that combination in the table; (2) for all combinations of Vietnam
exporters/producers of merchandise under consideration that have not
received their own separate rate above, the cash-deposit rate will be
the cash-deposit rate established for the Vietnam-wide entity, 113.18
percent; and (3) for all non-Vietnam exporters of the merchandise under
consideration which have not received their own separate rate above,
the cash-deposit rate will be the cash-deposit rate applicable to the
Vietnam exporter/producer combination that supplied that non-Vietnam
exporter. 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).
---------------------------------------------------------------------------
Disclosure
We will disclose the calculations performed to interested parties
in this proceeding within five days of the announcement of this
preliminary determination in accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i) of the Act, we intend to verify the
information relied upon prior to making our final determination.
Public Comment
Interested parties are invited to comment on this preliminary
determination. Case briefs or other written comments concerning scope
issues may be submitted to the Assistant Secretary for Enforcement and
Compliance no later than 30 days from the publication of this notice,
and rebuttal briefs, limited to scope issue raised in the case briefs,
may be submitted no later than five days after the deadline date for
scope case briefs. Scope-related briefs/comments must be filed on the
record of this investigation and the concurrent antidumping and
countervailing duty CWP investigations.
Case briefs or other written comments on non-scope issues may be
submitted to the Assistant Secretary for Enforcement and Compliance no
later than seven days after the date on which the final verification
report is issued in this proceeding, and rebuttal briefs, limited to
non-scope issues raised in case briefs, may be submitted no later than
five days after the deadline date for case briefs.\6\ Pursuant to 19
CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or
rebuttal briefs in this proceeding are encouraged to submit with each
argument: (1) A statement of the issue; (2) a brief summary of the
argument; and (3) a table of authorities.
---------------------------------------------------------------------------
\6\ See 19 CFR 351.309.
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, U.S. Department of Commerce.
All documents must be filed electronically using ACCESS. An
electronically-filed request must be received successfully in its
entirety by ACCESS by 5:00 p.m. Eastern Time, within 30 days after the
date of publication of this notice. Requests should contain the party's
name, address, and telephone number, the number of participants, and a
list of the issues to be discussed. If a request for a hearing is made,
the Department intends to hold the hearing at the U.S. Department of
Commerce, 14th Street and Constitution Avenue NW., Washington, DC
20230, at a time and date to be determined. Parties should confirm by
telephone the date, time, and location of the hearing two days before
the scheduled date.
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
[[Page 36886]]
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.
Respondents Hongyuan and SeAH, both 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 351.210(e)(2), from a four-month
period to a period not to exceed six months.\7\
---------------------------------------------------------------------------
\7\ See Letter from Vietnam Haiphong Hongyuan Machinery
Manufactory Co., Ltd, ``Circular Welded Carbon-Quality Steel Pipe
from Vietnam; Request for Extension of Time for the Final
Determination,'' dated April 28, 2016 and letter from SeAH Steel
VINA Corporation ``Circular Welded Carbon-Quality Steel Pipe from
Vietnam; Request for Extension of Deadline for the Department's
Final Determination,'' dated May 2, 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 exporters account for a significant
proportion of exports of the subject merchandise; (3) the requesting
exporters have 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 the 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.\8\
---------------------------------------------------------------------------
\8\ See 19 CFR 351.210(b)(2) and (e).
---------------------------------------------------------------------------
International Trade Commission (ITC) Notification
In accordance with section 733(f) of the Act, we will notify the
ITC of our affirmative preliminary determination of sales at LTFV. If
our final determination is affirmative, the ITC will determine before
the later of 120 days after the date of this preliminary determination
or 45 days after our final determination whether these imports are
materially injuring, or threaten material injury to, the U.S. industry.
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--List of Topics Discussed in the Preliminary Decision
Memorandum
1. Summary
2. Background
3. Period of Investigation
4. Postponement of Final Determination and Extension of Provisional
Measures
5. Scope Comments
6. Discussion of the Methodology
a. Non-Market Economy Country
b. Surrogate Country and Surrogate Values Comments
c. Separate Rates
d. The Vietnam-Wide Entity
e. Date of Sale
f. Comparisons to Fair Value
7. Currency Conversion
8. Disclosure and Public Comment
9. Verification
10. Conclusion
Appendix II--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
[[Page 36887]]
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 description of the scope of the investigation is
dispositive.
[FR Doc. 2016-13484 Filed 6-7-16; 8:45 am]
BILLING CODE 3510-DS-P
