Circular Welded Carbon-Quality Steel Pipe From the United Arab Emirates: Affirmative Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 36881-36884 [2016-13528]
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36881
Federal Register / Vol. 81, No. 110 / Wednesday, June 8, 2016 / Notices
mstockstill on DSK3G9T082PROD with NOTICES
MA/AK
MA/AK
MB/BK
MB/BK
(A,
(A,
(A,
(A,
3L, 4L) .....................................................
3L, 4L) .....................................................
B, 4L, 5L) ................................................
B, 4L, 5L) ................................................
In addition to the above characteristics,
excludable LDFPN sheaves must also have a
maximum weight (pounds-per-piece) as
follows: For excludable LDFPN sheaves with
one groove and an outside diameter of greater
than 4.0 inches but less than or equal to 8.0
inches, the maximum weight is 4.7 pounds;
for excludable LDFPN sheaves with two
grooves and an outside diameter of greater
than 4.0 inches but less than or equal to 8.0
inches, the maximum weight is 8.5 pounds;
for excludable LDFPN sheaves with one
groove and an outside diameter of greater
than 8.0 inches but less than or equal to 12.0
inches, the maximum weight is 8.5 pounds;
for excludable LDFPN sheaves with two
grooves and an outside diameter of greater
than 8.0 inches but less than or equal to 12.0
inches, the maximum weight is 15.0 pounds;
for excludable LDFPN sheaves with one
groove and an outside diameter of greater
than 12.0 inches but less than or equal to
15.0 inches, the maximum weight is 13.3
pounds; for excludable LDFPN sheaves with
two grooves and an outside diameter of
greater than 12.0 inches but less than or
equal to 15.0 inches, the maximum weight is
17.5 pounds; for excludable LDFPN sheaves
with one groove and an outside diameter of
greater than 15.0 inches but less than or
equal to 18.75 inches, the maximum weight
is 16.5 pounds; and for excludable LDFPN
sheaves with two grooves and an outside
diameter of greater than 15.0 inches but less
than or equal to 18.75 inches, the maximum
weight is 26.5 pounds.
The scope also excludes light-duty,
variable-pitch, non-synchronous sheaves
with each of the following characteristics:
Made from grey iron designated as ASTM
(North American specification) Grade 30 or
lower, GB/T (Chinese specification) Grade
HT200 or lower, DIN (German specification)
GG 20 or lower, or EN (European
specification) EN–GJL 200 or lower; having
no more than 2 grooves; having a maximum
overall width of less than 2.25 inches with
a single groove, or of 3.25 inches or less with
two grooves; having a maximum outside
diameter of not more than 7.5 inches; having
a maximum bore size of 1.625 inches; having
either one or two identical, internallythreaded (i.e., with threads on the inside
diameter), adjustable (rotating) flange(s) on
an externally-threaded hub (i.e., with threads
on the outside diameter) that enable(s) the
width (opening) of the groove to be changed;
and having no teeth on the outside or datum
diameter.
The scope also excludes certain IMTDC
bushings. An IMTDC bushing is excluded
only if it has a tapered angle of greater than
or equal to 10 degrees, where the angle is
measured between one outside tapered
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Top width
range of
each groove
(inches)
Outside diameter
(inches)
Size (belt profile)
≤5.45
>5.45
≤7.40
>7.40
....................................................
but ≤18.75 ..................................
....................................................
but ≤18.75 ..................................
surface and the directly opposing outside
tapered surface.
The merchandise covered by this
investigation is currently classifiable 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. These
HTSUS subheadings are provided for
convenience and customs purposes. The
written description of the scope of the
investigation is dispositive.
[FR Doc. 2016–13533 Filed 6–7–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–520–807]
Circular Welded Carbon-Quality Steel
Pipe From the United Arab Emirates:
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 United Arab
Emirates (UAE) 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 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:
Whitley Herndon or Dennis McClure,
AD/CVD Operations, Office II,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
AGENCY:
PO 00000
Frm 00022
Fmt 4703
Sfmt 4703
0.484–0.499
0.499–0.509
0.607–0.618
0.620–0.631
Maximum
height
(inches)
Angle
0.531
0.531
0.632
0.635
34°
38°
34°
38°
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–6274 or (202) 482–5973,
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 There are two mandatory
respondents participating in this
investigation, Ajmal Steel Tubes & Pipes
Ind. L.L.C. (Ajmal Steel) and Universal
Tube and Plastic Industries, LLC—Jebel
Ali Branch, Universal Tube and Pipe
Industries, and KHK Scaffolding and
Framework LLC (collectively,
Universal). 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 the UAE.
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).
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 United Arab Emirates’’
(Preliminary Decision Memorandum), dated
concurrently with this notice.
E:\FR\FM\08JNN1.SGM
08JNN1
36882
Federal Register / Vol. 81, No. 110 / Wednesday, June 8, 2016 / Notices
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 I of this notice.
Methodology
The Department is conducting this
investigation in accordance with section
731 of the Act. Export price and, where
appropriate, constructed export price
are calculated in accordance with
section 772 of the Act and normal value
(NV) is calculated in accordance with
section 773 of the Act. For a full
description of the methodology
underlying our preliminary conclusions,
see the Preliminary Decision
Memorandum.
mstockstill on DSK3G9T082PROD with NOTICES
All-Others Rate
Consistent with sections
733(d)(1)(A)(ii) and 735(c)(5) of the Act,
the Department also calculated an
estimated all-others rate. Section
735(c)(5)(A) of the Act provides that the
estimated all-others rate shall be an
amount equal to the weighted average of
the estimated weighted-average
dumping margins established for
exporters and producers individually
investigated, excluding any zero and de
minimis margins, and any margins
determined entirely under section 776
of the Act.
In this investigation, we based our
calculation of the all-others rate on the
weighted-average of the margins
calculated for Ajmal and Universal
using publicly ranged data. We cannot
calculate a weighted-average margin
based on the actual data reported by the
respondents because doing so may
potentially reveal their business
proprietary information. Accordingly,
we find this rate, which is based on
publicly ranged data that respondents
reported to be the best proxy of the
weighted-average margin based on these
respondents’ actual data. For further
discussion of this calculation, see the
memorandum entitled ‘‘Circular Welded
Carbon-Quality Steel Pipe from the
United Arab Emirates: Calculation of the
Preliminary Margin for All Other
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,’’ April 1, 2016 (Preliminary Scope
Decision Memorandum).
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17:30 Jun 07, 2016
Jkt 238001
Companies,’’ dated concurrently with
this notice.
Preliminary Determination 4
The Department preliminarily
determines that the following weightedaverage dumping margins exist:
Weightedaverage
dumping
margin
(percent)
Exporter/
manufacturer
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 information
relied upon in making our final
determination.
Public Comment
Interested parties are invited to
comment on this preliminary
Ajmal Steel Tubes & Pipes Ind.
L.L.C ......................................
6.10 determination. Case briefs or other
Universal Tube and Plastic Inwritten comments concerning scope
dustries, LLC—Jebel Ali
issues may be submitted to the Assistant
Branch, Universal Tube and
Secretary for Enforcement and
Pipe Industries, and KHK
Compliance no later than 30 days from
Scaffolding and Framework
LLC ........................................
9.25 the publication of this notice, and
All Others ..................................
7.86 rebuttal briefs, limited to scope issues
raised in the case briefs, may be
submitted no later than five days after
Suspension of Liquidation
the deadline date for case briefs. ScopeIn accordance with section 733(d)(2)
related briefs/comments must be filed
of the Act, we will direct U.S. Customs
on the record of this investigation and
and Border Protection (CBP) to suspend the concurrent antidumping and
liquidation of all entries of subject
countervailing duty CWP investigations.
merchandise from the UAE, as
Case briefs or other written comments
described in Appendix I of this notice,
on non-scope issues may be submitted
for all companies, which are entered, or to the Assistant Secretary for
withdrawn from warehouse, for
Enforcement and Compliance no later
consumption on or after the date of
than seven days after the date on which
publication of this notice in the Federal the final verification report is issued in
Register.
this proceeding, and rebuttal briefs,
Pursuant to section 733(d) of the Act
limited to non-scope issues raised in the
and 19 CFR 351.205(d), we will instruct case briefs, may be submitted no later
5 equal to
CBP to require cash deposits
than five days after the deadline date for
the weighted-average amount by which
case briefs.6 Pursuant to 19 CFR
the NV exceeds U.S. price, as indicated
351.309(c)(2) and (d)(2), parties who
in the chart above, as follows: (1) The
submit case briefs or rebuttal briefs in
rate for the mandatory respondents
this proceeding are encouraged to
listed above will be the respondentsubmit with each argument: (1) A
specific rates we determined in this
statement of the issue; (2) a brief
preliminary determination; (2) if the
summary of the argument; and (3) a
exporter is not a mandatory respondent
table of authorities.
identified above, but the producer is,
Pursuant to 19 CFR 351.310(c),
the rate will be the specific rate
interested parties who wish to request a
established for the producer of the
hearing must submit a written request to
subject merchandise; and (3) the rate for
the Assistant Secretary for Enforcement
all other producers or exporters will be
and Compliance, U.S. Department of
the all-others rate. These suspension of
Commerce. All documents must be filed
liquidation instructions will remain in
electronically using ACCESS. An
effect until further notice.
electronically-filed request must be
Disclosure
received successfully in its entirety by
ACCESS by 5:00 p.m. Eastern Time,
We will disclose the calculations
within 30 days after the date of
performed to interested parties in this
publication of this notice. Requests
should contain the party’s name,
4 On March 14, 2016, the Department postponed
address, and telephone number, the
the preliminary determination in this investigation
until May 31, 2016; see Circular Welded Carbonnumber of participants, and a list of the
Quality Steel Pipe from the United Arab Emirates,
issues to be discussed. If a request for
Pakistan, the United Arab Emirates, and the
a hearing is made, the Department
Socialist Republic of Vietnam: Postponement of
intends to hold the hearing at the U.S.
Preliminary Determinations of Antidumping Duty
Investigations, 81 FR 15039 (March 21, 2016).
Department of Commerce, 14th Street
5 See Modification of Regulations Regarding the
and Constitution Avenue NW.,
Practice of Accepting Bonds During the Provisional
Washington, DC 20230, at a time and
Measures Period in Antidumping and
Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
PO 00000
Frm 00023
Fmt 4703
Sfmt 4703
6 See
E:\FR\FM\08JNN1.SGM
19 CFR 351.309.
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Federal Register / Vol. 81, No. 110 / Wednesday, June 8, 2016 / Notices
date to be determined. Parties should
confirm by telephone the date, time, and
location of the hearing two days before
the scheduled date.
mstockstill on DSK3G9T082PROD with NOTICES
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.
Ajmal and Universal, the respondents,
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 8
In accordance with sections
735(a)(2)(A) and 733(d) of the Act and
19 CFR 351.210(b)(2)(ii) and (e)(2),
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
7 See Letter from Ajmal entitled, ‘‘Circular
Welded Carbon-Quality Steel Pipe from the United
Arab Emirates: Request to Postpone the Final
Determination,’’ Amendment to Request to
Postpone Final Determination,’’ dated May 5, 2016.
8 See Letters from Universal entitled, ‘‘Circular
Welded Carbon-Quality Steel Pipe from the United
Arab Emirates, Case No. A–520–807: Request to
Postpone Final Determination’’ and ‘‘Circular
Welded Carbon-Quality Steel Pipe from the United
Arab Emirates, Case No. A–520–807: Amendment to
Request to Postpone Final Determination,’’ dated
May 5, 2016.
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17:30 Jun 07, 2016
Jkt 238001
preliminary determination, pursuant to
section 735(a)(2) of the Act.9
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
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,
9 See
PO 00000
19 CFR 351.210(b)(2) and (e).
Frm 00024
Fmt 4703
Sfmt 4703
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
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)
Gage
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
The scope of this investigation does not
include:
(a) Pipe suitable for use in boilers,
superheaters, heat exchangers, refining
E:\FR\FM\08JNN1.SGM
08JNN1
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
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
Jkt 238001
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
Frm 00025
Fmt 4703
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).
E:\FR\FM\08JNN1.SGM
08JNN1
Agencies
[Federal Register Volume 81, Number 110 (Wednesday, June 8, 2016)]
[Notices]
[Pages 36881-36884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13528]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-520-807]
Circular Welded Carbon-Quality Steel Pipe From the United Arab
Emirates: 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 United Arab Emirates (UAE) 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 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: Whitley Herndon or Dennis McClure, AD/
CVD Operations, Office II, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
6274 or (202) 482-5973, 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\ There are two mandatory respondents participating in this
investigation, Ajmal Steel Tubes & Pipes Ind. L.L.C. (Ajmal Steel) and
Universal Tube and Plastic Industries, LLC--Jebel Ali Branch, Universal
Tube and Pipe Industries, and KHK Scaffolding and Framework LLC
(collectively, Universal). 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).
\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 United Arab Emirates'' (Preliminary Decision
Memorandum), dated concurrently with this notice.
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is CWP from the UAE.
[[Page 36882]]
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
I 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,'' April 1, 2016
(Preliminary Scope Decision Memorandum).
---------------------------------------------------------------------------
Methodology
The Department is conducting this investigation in accordance with
section 731 of the Act. Export price and, where appropriate,
constructed export price are calculated in accordance with section 772
of the Act and normal value (NV) is calculated in accordance with
section 773 of the Act. For a full description of the methodology
underlying our preliminary conclusions, see the Preliminary Decision
Memorandum.
All-Others Rate
Consistent with sections 733(d)(1)(A)(ii) and 735(c)(5) of the Act,
the Department also calculated an estimated all-others rate. Section
735(c)(5)(A) of the Act provides that the estimated all-others rate
shall be an amount equal to the weighted average of the estimated
weighted-average dumping margins established for exporters and
producers individually investigated, excluding any zero and de minimis
margins, and any margins determined entirely under section 776 of the
Act.
In this investigation, we based our calculation of the all-others
rate on the weighted-average of the margins calculated for Ajmal and
Universal using publicly ranged data. We cannot calculate a weighted-
average margin based on the actual data reported by the respondents
because doing so may potentially reveal their business proprietary
information. Accordingly, we find this rate, which is based on publicly
ranged data that respondents reported to be the best proxy of the
weighted-average margin based on these respondents' actual data. For
further discussion of this calculation, see the memorandum entitled
``Circular Welded Carbon-Quality Steel Pipe from the United Arab
Emirates: Calculation of the Preliminary Margin for All Other
Companies,'' dated concurrently with this notice.
Preliminary Determination \4\
The Department preliminarily determines that the following
weighted-average dumping margins exist:
---------------------------------------------------------------------------
\4\ On March 14, 2016, the Department postponed the preliminary
determination in this investigation until May 31, 2016; see Circular
Welded Carbon-Quality Steel Pipe from the United Arab Emirates,
Pakistan, the United Arab Emirates, and the Socialist Republic of
Vietnam: Postponement of Preliminary Determinations of Antidumping
Duty Investigations, 81 FR 15039 (March 21, 2016).
------------------------------------------------------------------------
Weighted-
average
Exporter/ manufacturer dumping
margin
(percent)
------------------------------------------------------------------------
Ajmal Steel Tubes & Pipes Ind. L.L.C....................... 6.10
Universal Tube and Plastic Industries, LLC--Jebel Ali 9.25
Branch, Universal Tube and Pipe Industries, and KHK
Scaffolding and Framework LLC.............................
All Others................................................. 7.86
------------------------------------------------------------------------
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 the UAE, as described in Appendix I
of this notice, for all companies, 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) of the Act and 19 CFR 351.205(d), we
will instruct CBP to require cash deposits \5\ equal to the weighted-
average amount by which the NV exceeds U.S. price, as indicated in the
chart above, as follows: (1) The rate for the mandatory respondents
listed above will be the respondent-specific rates we determined in
this preliminary determination; (2) if the exporter is not a mandatory
respondent identified above, but the producer is, the rate will be the
specific rate established for the producer of the subject merchandise;
and (3) the rate for all other producers or exporters will be the all-
others rate. 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
information relied upon in 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 issues raised in the case briefs,
may be submitted no later than five days after the deadline date for
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 the 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
[[Page 36883]]
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 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.
Ajmal and Universal, the respondents, 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 8
---------------------------------------------------------------------------
\7\ See Letter from Ajmal entitled, ``Circular Welded Carbon-
Quality Steel Pipe from the United Arab Emirates: Request to
Postpone the Final Determination,'' Amendment to Request to Postpone
Final Determination,'' dated May 5, 2016.
\8\ See Letters from Universal entitled, ``Circular Welded
Carbon-Quality Steel Pipe from the United Arab Emirates, Case No. A-
520-807: Request to Postpone Final Determination'' and ``Circular
Welded Carbon-Quality Steel Pipe from the United Arab Emirates, Case
No. A-520-807: Amendment to Request to Postpone Final
Determination,'' dated May 5, 2016.
---------------------------------------------------------------------------
In accordance with sections 735(a)(2)(A) and 733(d) of the Act and
19 CFR 351.210(b)(2)(ii) and (e)(2), 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.\9\
---------------------------------------------------------------------------
\9\ 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
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 in
O.D. in inches (nominal) 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
[[Page 36884]]
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 description of the scope of the investigation is
dispositive.
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
4. Results of the COP Test
e. Calculation of NV Based on Comparison-Market Prices
11. Currency Conversion
12. Conclusion
[FR Doc. 2016-13528 Filed 6-7-16; 8:45 am]
BILLING CODE 3510-DS-P