Countervailing Duty Investigation of Welded Stainless Pressure Pipe From India: Final Affirmative Determination, 66925-66927 [2016-23575]
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Federal Register / Vol. 81, No. 189 / Thursday, September 29, 2016 / Notices
mstockstill on DSK3G9T082PROD with NOTICES
The President issued Executive Order
No. 13733, Delegation of Certain
Authorities and Assignment of Certain
Functions under the Trade Facilitation
and Trade Enforcement Act of 2015, on
July 22, 2016, assigning to the Secretary
of Commerce the function under Section
2313A(b) of establishing the Working
Group. In the Executive Order, the
President further directed that, in
carrying out its functions, the State and
Federal Export Promotion Coordination
Working Group shall also coordinate
with local and municipal governments
representing regionally diverse areas.
III. Member and Meeting Information
The Secretary of Commerce shall
select the members of the Working
Group, who shall include
representatives from State trade
agencies and local and municipal
governments representing regionally
diverse areas and representatives of the
federal departments and agencies that
are represented on the TPCC.
Representatives from State trade
agencies must be: (1) Elected officers of
a State, or (2) State employees
designated by an elected State officer to
represent the State trade agency with
authority to act on his or her behalf.
Representatives from local and
municipal governments must be: (1)
Elected officers or (2) local or municipal
employees designated by an elected
officer to represent the local and
municipal government with authority to
act on his or her behalf.
Because the Working Group will be an
intergovernmental committee composed
wholly of full-time or part-time Federal
Government officers or employees, State
government elected officers or their
designees, and local and municipal
elected officials or their designees, all of
whom will be acting in their official
capacities solely to exchange views,
information, or advice relating to the
management and implementation of
Federal programs established by statute
that explicitly share intergovernmental
responsibilities and administration, the
Working Group is not covered by the
Federal Advisory Committee Act, 5
U.S.C. App.
Members appointed as representatives
from State trade agencies and local and
municipal governments will not receive
any Federal compensation for their
services and will not be reimbursed for
travel expenses. Meetings will be held
in person and/or via teleconference. The
TPCC will make every effort to use
technology to allow for remote
participation in meetings, but there will
be times when in-person meetings will
be necessary. The TPCC will strive to
provide members of the Working Group
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notice of meetings at least 15 calendar
days in advance.
IV. Request for Nominations
Dated: September 23, 2016.
Patrick Kirwan,
Director, Trade Promotion Coordinating
Committee Secretariat.
[FR Doc. 2016–23501 Filed 9–28–16; 8:45 am]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–868]
The TPCC Secretariat seeks
nominations for representatives from
State trade agencies and local and
municipal governments to the Working
Group. For purposes of this notice, a
‘‘State trade agency’’ is the lead official
governmental trade promotion agency
for a State, and includes separately
established trade agencies as well as
trade offices within a State agency or
department or the Office of the
Governor. A ‘‘local or municipal
government’’ includes, but is not
limited to, town, city, and county
governments. The TPCC seeks
representation of regionally diverse
areas.
Qualified individuals may selfnominate or be nominated by a senior
level State government or local or
municipal government official. To be
considered, nominators should submit
the following information:
(1) Name, title, and relevant contact
information (including phone and email
address) for the nominee, the state trade
agency that the nominee would
represent or the local or municipal
government the nominee would
represent;
(2) A resume or short biography of the
nominee, including professional and
academic credentials.
(3) A statement of the nominee’s role
in state, local, or municipal export
promotion activities.
Should more information be needed,
TPCC staff will contact the nominee. If
nominees are not an elected official, a
letter may be requested from an elected
official that indicates the nominee has
been designated to participate in the
Working Group on his or her behalf.
Nominators should submit the above
information via electronic transmission
to StateandLocal@trade.gov. The
submission must be received on or
before 5:00 p.m. (ET) on October 24,
2016.
BILLING CODE 3510–25–P
66925
Countervailing Duty Investigation of
Welded Stainless Pressure Pipe From
India: Final Affirmative Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘Department’’) determines that
countervailable subsidies are being
provided to producers and exporters of
welded stainless pressure pipe from
India. For information on the subsidy
rates, see the ‘‘Final Determination’’
section of this notice. The period of
investigation is January 1, 2014, through
December 31, 2014.
DATES: Effective September 29, 2016.
FOR FURTHER INFORMATION CONTACT:
Amanda Mallott at 202–482–6430, AD/
CVD Operations, Office III, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
The Department published the
Preliminary Determination on March 11,
2016,1 and issued a Post-Preliminary
Memorandum on August 23, 2016.2 A
summary of the events that occurred
since the Preliminary Determination,
and a full discussion of the issues raised
by parties for this final determination,
may be found in the Issues and Decision
Memorandum.3 The Issues and Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
1 See Countervailing Duty Investigation of Welded
Stainless Pressure Pipe from India: Preliminary
Affirmative Determination and Alignment of Final
Determination With Final Antidumping Duty
Determination, 81 FR 12871 (March 11, 2016)
(‘‘Preliminary Determination’’).
2 See Memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, ‘‘Post-Preliminary Analysis in the
Countervailing Duty Investigation of Welded
Stainless Pressure Pipe from India,’’ dated August
23, 2016 (‘‘Post-Preliminary Memorandum’’).
3 See Memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, ‘‘Issues and Decision Memorandum for
the Final Affirmative Determination in the
Countervailing Duty Investigation of Welded
Stainless Pressure Pipe from India,’’ dated
concurrently with, and hereby incorporated by
reference and adopted by, this notice (‘‘Issues and
Decision Memorandum’’).
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66926
Federal Register / Vol. 81, No. 189 / Thursday, September 29, 2016 / Notices
Electronic Service System (‘‘ACCESS’’).
ACCESS is available to registered users
at https://access.trade.gov, and is
available to all parties in the Central
Records Unit, Room B8024 of the main
Department of Commerce building. In
addition, a complete version of the
Issues and Decision Memorandum can
be accessed directly at https://
enforcement.trade.gov/frn/. The signed
Issues and Decision Memorandum and
the electronic versions of the Issues and
Decision Memorandum are identical in
content.
Scope of the Investigation
The merchandise covered by this
investigation is circular welded
austenitic stainless pressure pipe not
greater than 14 inches in outside
diameter, from India. For a complete
description of the scope of this
investigation, see Appendix II. The
Department did not receive comments
regarding the scope of this investigation.
Methodology
The Department is conducting this
countervailing duty (‘‘CVD’’)
investigation in accordance with section
701 of the Tariff Act of 1930, as
amended (‘‘the Act’’). For each of the
subsidy programs found
countervailable, we determine that there
is a subsidy, i.e., a financial
contribution by an ‘‘authority’’ that
gives rise to a benefit to the recipient,
and that the subsidy is specific.4 For a
full description of the methodology
underlying our conclusions, see the
Issues and Decision Memorandum.5
Analysis of Subsidy Programs and
Comments Received
The subsidy programs under
investigation and the issues raised in
the case and rebuttal briefs by parties in
this investigation are discussed in the
Issues and Decision Memorandum. A
list of the issues that parties raised, and
to which we responded in the Issues
and Decision Memorandum, is attached
to this notice at Appendix I.
Use of Adverse Facts Available
In making this final determination,
the Department relied, in part, on facts
available with regard to specificity and
financial contribution of the electricity
duty rebate provided to Steamline
Industries Limited (‘‘Steamline’’), as
well as an adjustment to Steamline’s
reported total sales value and total
export sales value.6 Because neither
Steamline nor the Government of India
acted to the best of their ability to
respond to the Department’s requests for
information, we drew an adverse
inference, where appropriate, in
selecting from among the facts
otherwise available.7 For further
information, see the section ‘‘Use of
Facts Otherwise Available and Adverse
Inferences’’ in the accompanying Issues
and Decision Memorandum.
Changes Since the Preliminary
Determination
Based on our review and analysis of
the comments received from parties, we
made certain changes to the subsidy
program rate calculations since the
Preliminary Determination. For a
discussion of these changes, see the
Issues and Decision Memorandum.
Final Determination
In accordance with section
705(c)(1)(B)(i)(I) of the Act, we
calculated an individual rate for each
producer/exporter of the subject
merchandise individually investigated.
In accordance with section 705(c)(5)(A)
of the Act, for companies not
individually examined, we apply an
‘‘all-others’’ rate, which is normally
calculated by weighting the subsidy
rates of the companies that the
Department individually investigated by
those companies’ exports of the subject
merchandise to the United States. Under
section 705(c)(5)(A)(i) of the Act, the allothers rate should exclude zero and de
minimis rates or any rates based entirely
on facts otherwise available pursuant to
section 776 of the Act. Accordingly, in
these final results, we have calculated
the ‘‘all-others’’ rate by weight-averaging
the calculated subsidy rates of the two
individually investigated respondents,
using the respondent’s publicly-ranged
sales data for exports of subject
merchandise to the United States.8
Subsidy rate
(percent)
Exporter/producer
Steamline Industries Limited .........................................................................................................................................................
Sunrise Stainless Private Limited, Sun Mark Stainless Pvt. Ltd., and Shah Foils Ltd. (collectively, ‘‘Sunrise Group’’) ..............
All-Others .......................................................................................................................................................................................
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Disclosure
We intend to disclose to parties in
this proceeding the calculations
performed for this final determination
within five days of the date of public
announcement of our final
determination, in accordance with 19
CFR 351.224(b).
Continuation of Suspension of
Liquidation
As a result of our Preliminary
Determination, and pursuant to section
703(d) of the Act, we instructed U.S.
Customs and Border Protection (‘‘CBP’’)
to suspend liquidation of entries of
4 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
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Jkt 238001
3.13
6.22
4.65
merchandise under consideration from
India that were entered or withdrawn
from warehouse, for consumption, on or
after March 11, 2016, which is the
publication date in the Federal Register
of the Preliminary Determination. In
accordance with section 703(d) of the
Act, we issued instructions to CBP to
discontinue the suspension of
liquidation for CVD purposes for subject
merchandise entered, or withdrawn
from warehouse, on or after July 9, 2016
but to continue the suspension of
liquidation of all entries of subject
merchandise from March 11, 2016
through July 8, 2016.
If the U.S. International Trade
Commission (‘‘ITC’’) issues a final
affirmative injury determination, we
will issue a CVD order and will reinstate
the suspension of liquidation under
section 706(a) of the Act and will
require a cash deposit of estimated
CVDs for such entries of subject
merchandise in the amounts indicated
above. If the ITC determines that
material injury, or threat of material
injury, does not exist, this proceeding
will be terminated and all estimated
duties deposited as a result of the
suspension of liquidation will be
refunded or canceled.
5 See also Preliminary Determination and
accompanying Preliminary Decision Memorandum;
and Post-Preliminary Memorandum.
6 See Issues and Decision Memorandum at
Comments 5 and 6.
7 See sections 776(a) and (b) of the Act.
8 See Memorandum to the File, ‘‘Countervailing
Duty Investigation of Welded Stainless Pressure
Pipe from India: Final Determination Margin
Calculation for All-Others,’’ dated concurrently
with this memorandum.
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Federal Register / Vol. 81, No. 189 / Thursday, September 29, 2016 / Notices
International Trade Commission
Notification
In accordance with section 705(d) of
the Act, we will notify the ITC of our
determination. In addition, we are
making available to the ITC all nonprivileged and non-proprietary
information relating to this
investigation. We will allow the ITC
access to all privileged and business
proprietary information in our files,
provided the ITC confirms that it will
not disclose such information, either
publicly or under an administrative
protective order, without the written
consent of the Assistant Secretary for
Enforcement and Compliance.
Notification Regarding Administrative
Protective Orders
In the event the ITC issues a final
negative injury determination, this
notice will serve as the only reminder
to parties subject to an administrative
protective order (‘‘APO’’) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return or
destruction of APO materials, or
conversion to judicial protective order,
is hereby requested. Failure to comply
with the regulations and terms of an
APO is a violation subject to sanction.
This determination is issued and
published pursuant to sections 705(d)
and 777(i) of the Act.
Dated: September 22, 2016.
Paul Piquado,
Assistant Secretary, for Enforcement and
Compliance.
mstockstill on DSK3G9T082PROD with NOTICES
Appendix I
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. List of Issues
V. Subsidies Valuation
VI. Use of Facts Otherwise Available and
Adverse Inferences
VII. Analysis of Programs
VIII. Calculation of the All-Others Rate
IX. Analysis of Comments
Comment 1: Whether the Advance
Authorization Program (‘‘AAP’’)
Provides a Countervailable Subsidy
Comment 2: Whether the Duty Drawback
(‘‘DDB’’) Program Provides a
Countervailable Subsidy
Comment 3: Whether the Export Promotion
of Capital Goods Scheme (‘‘EPCGS’’)
Provides a Countervailable Subsidy and
Whether the Department Should Use a
Different Denominator for the Benefit
Calculation
Comment 4: Whether the Department
Should Investigate and Countervail
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18:51 Sep 28, 2016
Jkt 238001
Marketable Certificates Purchased From
Third Parties
Comment 5: Whether Steamline’s Total
Sales and Total Export Sales Figures Are
Overstated
Comment 6: Whether the Electricity Duty
Exemption Provided by the Uttar Gujarat
Vij Company Limited Is a
Countervailable Subsidy Program
Comment 7: Whether the Department
Should Countervail Preferential Water
Rates Provided by the Gujarat Industrial
Development Corporation (‘‘GIDC’’)
Under the GIDC Water Supply
Regulation of 1991
Comment 8: Whether the Provision of Land
for Less Than Adequate Remuneration
(‘‘LTAR’’) Provides a Countervailable
Subsidy Recommendation
Appendix II
Scope of the Investigation
The merchandise covered by this
investigation is circular welded austenitic
stainless pressure pipe not greater than 14
inches in outside diameter. References to size
are in nominal inches and include all
products within tolerances allowed by pipe
specifications. This merchandise includes,
but is not limited to, the American Society
for Testing and Materials (‘‘ASTM’’) A–312
or ASTM A–778 specifications, or
comparable domestic or foreign
specifications. ASTM A–358 products are
only included when they are produced to
meet ASTM A–312 or ASTM A–778
specifications, or comparable domestic or
foreign specifications.
Excluded from the scope of the
investigation are: (1) Welded stainless
mechanical tubing, meeting ASTM A–554 or
comparable omestic or foreign specifications;
(2) boiler, heat exchanger, superheater,
refining furnace, feedwater heater, and
condenser tubing, meeting ASTM A–249,
ASTM A–688 or comparable domestic or
foreign specifications; and (3) specialized
tubing, meeting ASTM A–269, ASTM A–270
or comparable domestic or foreign
specifications.
The subject imports are normally classified
in subheadings 7306.40.5005, 7306.40.5040,
7306.40.5062, 7306.40.5064, and
7306.40.5085 of the Harmonized Tariff
Schedule of the United States (‘‘HTSUS’’).
They may also enter under HTSUS
subheadings 7306.40.1010, 7306.40.1015,
7306.40.5042, 7306.40.5044, 7306.40.5080,
and 7306.40.5090. The HTSUS subheadings
are provided for convenience and customs
purposes only; the written description of the
scope of this investigation is dispositive.
[FR Doc. 2016–23575 Filed 9–28–16; 8:45 am]
BILLING CODE 3510–DS–P
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66927
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XE908
Marine Mammals; File No. 20599
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; receipt of application.
AGENCY:
Notice is hereby given that
the NMFS Southwest Fisheries Science
Center, Antarctic Ecosystem Research
Division, La Jolla, California,
(Responsible Party: George Watters,
Ph.D., Director), has applied in due form
for a permit to conduct research on
marine mammals in the Antarctic.
DATES: Written, telefaxed, or email
comments must be received on or before
October 31, 2016.
ADDRESSES: The application and related
documents are available for review by
selecting ‘‘Records Open for Public
Comment’’ from the ‘‘Features’’ box on
the Applications and Permits for
Protected Species (APPS) home page,
https://apps.nmfs.noaa.gov, and then
selecting File No. 20599 from the list of
available applications.
These documents are also available
upon written request or by appointment
in the Permits and Conservation
Division, Office of Protected Resources,
NMFS, 1315 East-West Highway, Room
13705, Silver Spring, MD 20910; phone
(301) 427–8401; fax (301) 713–0376.
Written comments on this application
should be submitted to the Chief,
Permits and Conservation Division, at
the address listed above. Comments may
also be submitted by facsimile to (301)
713–0376, or by email to
NMFS.Pr1Comments@noaa.gov. Please
include the File No. in the subject line
of the email comment.
Those individuals requesting a public
hearing should submit a written request
to the Chief, Permits and Conservation
Division at the address listed above. The
request should set forth the specific
reasons why a hearing on this
application would be appropriate.
FOR FURTHER INFORMATION CONTACT: Sara
Young or Amy Sloan, (301) 427–8401.
SUPPLEMENTARY INFORMATION: The
subject permit is requested under the
authority of the Marine Mammal
Protection Act of 1972, as amended
(MMPA; 16 U.S.C. 1361 et seq.), the
regulations governing the taking and
importing of marine mammals (50 CFR
part 216).
The applicant requests a five-year
permit to take Antarctic fur seals
SUMMARY:
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Agencies
[Federal Register Volume 81, Number 189 (Thursday, September 29, 2016)]
[Notices]
[Pages 66925-66927]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23575]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-868]
Countervailing Duty Investigation of Welded Stainless Pressure
Pipe From India: Final Affirmative Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') determines that
countervailable subsidies are being provided to producers and exporters
of welded stainless pressure pipe from India. For information on the
subsidy rates, see the ``Final Determination'' section of this notice.
The period of investigation is January 1, 2014, through December 31,
2014.
DATES: Effective September 29, 2016.
FOR FURTHER INFORMATION CONTACT: Amanda Mallott at 202-482-6430, AD/CVD
Operations, Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
The Department published the Preliminary Determination on March 11,
2016,\1\ and issued a Post-Preliminary Memorandum on August 23,
2016.\2\ A summary of the events that occurred since the Preliminary
Determination, and a full discussion of the issues raised by parties
for this final determination, may be found in the Issues and Decision
Memorandum.\3\ The Issues and Decision Memorandum is a public document
and is on file electronically via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized
[[Page 66926]]
Electronic Service System (``ACCESS''). ACCESS is available to
registered users at https://access.trade.gov, and is available to all
parties in the Central Records Unit, Room B8024 of the main Department
of Commerce building. In addition, a complete version of the Issues and
Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum
and the electronic versions of the Issues and Decision Memorandum are
identical in content.
---------------------------------------------------------------------------
\1\ See Countervailing Duty Investigation of Welded Stainless
Pressure Pipe from India: Preliminary Affirmative Determination and
Alignment of Final Determination With Final Antidumping Duty
Determination, 81 FR 12871 (March 11, 2016) (``Preliminary
Determination'').
\2\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Paul Piquado, Assistant Secretary for Enforcement and Compliance,
``Post-Preliminary Analysis in the Countervailing Duty Investigation
of Welded Stainless Pressure Pipe from India,'' dated August 23,
2016 (``Post-Preliminary Memorandum'').
\3\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Paul Piquado, Assistant Secretary for Enforcement and Compliance,
``Issues and Decision Memorandum for the Final Affirmative
Determination in the Countervailing Duty Investigation of Welded
Stainless Pressure Pipe from India,'' dated concurrently with, and
hereby incorporated by reference and adopted by, this notice
(``Issues and Decision Memorandum'').
---------------------------------------------------------------------------
Scope of the Investigation
The merchandise covered by this investigation is circular welded
austenitic stainless pressure pipe not greater than 14 inches in
outside diameter, from India. For a complete description of the scope
of this investigation, see Appendix II. The Department did not receive
comments regarding the scope of this investigation.
Methodology
The Department is conducting this countervailing duty (``CVD'')
investigation in accordance with section 701 of the Tariff Act of 1930,
as amended (``the Act''). For each of the subsidy programs found
countervailable, we determine that there is a subsidy, i.e., a
financial contribution by an ``authority'' that gives rise to a benefit
to the recipient, and that the subsidy is specific.\4\ For a full
description of the methodology underlying our conclusions, see the
Issues and Decision Memorandum.\5\
---------------------------------------------------------------------------
\4\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
\5\ See also Preliminary Determination and accompanying
Preliminary Decision Memorandum; and Post-Preliminary Memorandum.
---------------------------------------------------------------------------
Analysis of Subsidy Programs and Comments Received
The subsidy programs under investigation and the issues raised in
the case and rebuttal briefs by parties in this investigation are
discussed in the Issues and Decision Memorandum. A list of the issues
that parties raised, and to which we responded in the Issues and
Decision Memorandum, is attached to this notice at Appendix I.
Use of Adverse Facts Available
In making this final determination, the Department relied, in part,
on facts available with regard to specificity and financial
contribution of the electricity duty rebate provided to Steamline
Industries Limited (``Steamline''), as well as an adjustment to
Steamline's reported total sales value and total export sales value.\6\
Because neither Steamline nor the Government of India acted to the best
of their ability to respond to the Department's requests for
information, we drew an adverse inference, where appropriate, in
selecting from among the facts otherwise available.\7\ For further
information, see the section ``Use of Facts Otherwise Available and
Adverse Inferences'' in the accompanying Issues and Decision
Memorandum.
---------------------------------------------------------------------------
\6\ See Issues and Decision Memorandum at Comments 5 and 6.
\7\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------
Changes Since the Preliminary Determination
Based on our review and analysis of the comments received from
parties, we made certain changes to the subsidy program rate
calculations since the Preliminary Determination. For a discussion of
these changes, see the Issues and Decision Memorandum.
Final Determination
In accordance with section 705(c)(1)(B)(i)(I) of the Act, we
calculated an individual rate for each producer/exporter of the subject
merchandise individually investigated. In accordance with section
705(c)(5)(A) of the Act, for companies not individually examined, we
apply an ``all-others'' rate, which is normally calculated by weighting
the subsidy rates of the companies that the Department individually
investigated by those companies' exports of the subject merchandise to
the United States. Under section 705(c)(5)(A)(i) of the Act, the all-
others rate should exclude zero and de minimis rates or any rates based
entirely on facts otherwise available pursuant to section 776 of the
Act. Accordingly, in these final results, we have calculated the ``all-
others'' rate by weight-averaging the calculated subsidy rates of the
two individually investigated respondents, using the respondent's
publicly-ranged sales data for exports of subject merchandise to the
United States.\8\
---------------------------------------------------------------------------
\8\ See Memorandum to the File, ``Countervailing Duty
Investigation of Welded Stainless Pressure Pipe from India: Final
Determination Margin Calculation for All-Others,'' dated
concurrently with this memorandum.
------------------------------------------------------------------------
Subsidy rate
Exporter/producer (percent)
------------------------------------------------------------------------
Steamline Industries Limited......................... 3.13
Sunrise Stainless Private Limited, Sun Mark Stainless 6.22
Pvt. Ltd., and Shah Foils Ltd. (collectively,
``Sunrise Group'')..................................
All-Others........................................... 4.65
------------------------------------------------------------------------
Disclosure
We intend to disclose to parties in this proceeding the
calculations performed for this final determination within five days of
the date of public announcement of our final determination, in
accordance with 19 CFR 351.224(b).
Continuation of Suspension of Liquidation
As a result of our Preliminary Determination, and pursuant to
section 703(d) of the Act, we instructed U.S. Customs and Border
Protection (``CBP'') to suspend liquidation of entries of merchandise
under consideration from India that were entered or withdrawn from
warehouse, for consumption, on or after March 11, 2016, which is the
publication date in the Federal Register of the Preliminary
Determination. In accordance with section 703(d) of the Act, we issued
instructions to CBP to discontinue the suspension of liquidation for
CVD purposes for subject merchandise entered, or withdrawn from
warehouse, on or after July 9, 2016 but to continue the suspension of
liquidation of all entries of subject merchandise from March 11, 2016
through July 8, 2016.
If the U.S. International Trade Commission (``ITC'') issues a final
affirmative injury determination, we will issue a CVD order and will
reinstate the suspension of liquidation under section 706(a) of the Act
and will require a cash deposit of estimated CVDs for such entries of
subject merchandise in the amounts indicated above. If the ITC
determines that material injury, or threat of material injury, does not
exist, this proceeding will be terminated and all estimated duties
deposited as a result of the suspension of liquidation will be refunded
or canceled.
[[Page 66927]]
International Trade Commission Notification
In accordance with section 705(d) of the Act, we will notify the
ITC of our determination. In addition, we are making available to the
ITC all non-privileged and non-proprietary information relating to this
investigation. We will allow the ITC access to all privileged and
business proprietary information in our files, provided the ITC
confirms that it will not disclose such information, either publicly or
under an administrative protective order, without the written consent
of the Assistant Secretary for Enforcement and Compliance.
Notification Regarding Administrative Protective Orders
In the event the ITC issues a final negative injury determination,
this notice will serve as the only reminder to parties subject to an
administrative protective order (``APO'') of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return or destruction of APO materials, or
conversion to judicial protective order, is hereby requested. Failure
to comply with the regulations and terms of an APO is a violation
subject to sanction.
This determination is issued and published pursuant to sections
705(d) and 777(i) of the Act.
Dated: September 22, 2016.
Paul Piquado,
Assistant Secretary, for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. List of Issues
V. Subsidies Valuation
VI. Use of Facts Otherwise Available and Adverse Inferences
VII. Analysis of Programs
VIII. Calculation of the All-Others Rate
IX. Analysis of Comments
Comment 1: Whether the Advance Authorization Program (``AAP'')
Provides a Countervailable Subsidy
Comment 2: Whether the Duty Drawback (``DDB'') Program Provides
a Countervailable Subsidy
Comment 3: Whether the Export Promotion of Capital Goods Scheme
(``EPCGS'') Provides a Countervailable Subsidy and Whether the
Department Should Use a Different Denominator for the Benefit
Calculation
Comment 4: Whether the Department Should Investigate and
Countervail Marketable Certificates Purchased From Third Parties
Comment 5: Whether Steamline's Total Sales and Total Export
Sales Figures Are Overstated
Comment 6: Whether the Electricity Duty Exemption Provided by
the Uttar Gujarat Vij Company Limited Is a Countervailable Subsidy
Program
Comment 7: Whether the Department Should Countervail
Preferential Water Rates Provided by the Gujarat Industrial
Development Corporation (``GIDC'') Under the GIDC Water Supply
Regulation of 1991
Comment 8: Whether the Provision of Land for Less Than Adequate
Remuneration (``LTAR'') Provides a Countervailable Subsidy
Recommendation
Appendix II
Scope of the Investigation
The merchandise covered by this investigation is circular welded
austenitic stainless pressure pipe not greater than 14 inches in
outside diameter. References to size are in nominal inches and
include all products within tolerances allowed by pipe
specifications. This merchandise includes, but is not limited to,
the American Society for Testing and Materials (``ASTM'') A-312 or
ASTM A-778 specifications, or comparable domestic or foreign
specifications. ASTM A-358 products are only included when they are
produced to meet ASTM A-312 or ASTM A-778 specifications, or
comparable domestic or foreign specifications.
Excluded from the scope of the investigation are: (1) Welded
stainless mechanical tubing, meeting ASTM A-554 or comparable
omestic or foreign specifications; (2) boiler, heat exchanger,
superheater, refining furnace, feedwater heater, and condenser
tubing, meeting ASTM A-249, ASTM A-688 or comparable domestic or
foreign specifications; and (3) specialized tubing, meeting ASTM A-
269, ASTM A-270 or comparable domestic or foreign specifications.
The subject imports are normally classified in subheadings
7306.40.5005, 7306.40.5040, 7306.40.5062, 7306.40.5064, and
7306.40.5085 of the Harmonized Tariff Schedule of the United States
(``HTSUS''). They may also enter under HTSUS subheadings
7306.40.1010, 7306.40.1015, 7306.40.5042, 7306.40.5044,
7306.40.5080, and 7306.40.5090. The HTSUS subheadings are provided
for convenience and customs purposes only; the written description
of the scope of this investigation is dispositive.
[FR Doc. 2016-23575 Filed 9-28-16; 8:45 am]
BILLING CODE 3510-DS-P