Welded Stainless Pressure Pipe From India: Final Determination of Sales at Less Than Fair Value, 66921-66923 [2016-23577]
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Federal Register / Vol. 81, No. 189 / Thursday, September 29, 2016 / Notices
firms contributed importantly to the
total or partial separation of the firm’s
workers, or threat thereof, and to a
66921
decrease in sales or production of each
petitioning firm.
LIST OF PETITIONS RECEIVED BY EDA FOR CERTIFICATION ELIGIBILITY TO APPLY FOR TRADE ADJUSTMENT ASSISTANCE
[9/15/2016 through 9/23/2016]
Date
accepted for
investigation
Firm name
Firm address
Winco Window Company, Inc .........
6200 Maple Avenue, Saint Louis, MO
63130.
4642 Selway Ave., Post Falls, ID
83854.
7513 East Highway 90, Jeanrette, LA
70544.
Lightning Tool and Manufacturing,
Inc.
Streamline Industries, LLC .............
Any party having a substantial
interest in these proceedings may
request a public hearing on the matter.
A written request for a hearing must be
submitted to the Trade Adjustment
Assistance for Firms Division, Room
71030, Economic Development
Administration, U.S. Department of
Commerce, Washington, DC 20230, no
later than ten (10) calendar days
following publication of this notice.
Please follow the requirements set
forth in EDA’s regulations at 13 CFR
315.9 for procedures to request a public
hearing. The Catalog of Federal
Domestic Assistance official number
and title for the program under which
these petitions are submitted is 11.313,
Trade Adjustment Assistance for Firms.
Miriam Kearse,
Lead Program Analyst.
[FR Doc. 2016–23474 Filed 9–28–16; 8:45 am]
BILLING CODE 3510–WH–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–867]
Welded Stainless Pressure Pipe From
India: Final Determination of Sales at
Less Than Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘Department’’) determines that welded
stainless pressure pipe (‘‘WSPP’’) from
India is being, or is likely to be, sold in
the United States at less than fair value
(‘‘LTFV’’). The period of investigation
(‘‘POI’’) is July 1, 2014, through June 30,
2015. The final estimated weightedaverage dumping margins of sales at
LTFV are listed below in the ‘‘Final
Determination’’ section of this notice.
DATES: Effective September 29, 2016.
9/16/2016
9/22/2016
9/22/2016
FOR FURTHER INFORMATION CONTACT:
James Terpstra or Alex Rosen, 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;
telephone: (202) 482–3965, or (202)
482–7814, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 10, 2016, the Department
published the Preliminary
Determination of this LTFV
investigation and invited parties to
comment.1 As provided in section 782(i)
of the Tariff Act of 1930, as amended
(‘‘the Act’’), in June and July 2016, the
Department verified the sales and cost
data reported by (1) Steamline
Industries Limited (‘‘Steamline’’) and (2)
Sunrise Stainless Pvt. Ltd. (‘‘Sunrise’’)
(including its affiliate Sun Mark
Stainless Pvt. Ltd. (‘‘Sun Mark’’)
(‘‘collectively, ‘‘Sunrise Group’’)), the
two mandatory respondents in this
investigation. In August 2016,
Petitioners,2 Sunrise Group and
Steamline submitted case briefs and
rebuttal briefs. For a complete
discussion of the events that occurred
since the Preliminary Determination,
see the Issues and Decision
Memorandum.3
mstockstill on DSK3G9T082PROD with NOTICES
AGENCY:
VerDate Sep<11>2014
18:51 Sep 28, 2016
Jkt 238001
1 See Welded Stainless Pressure Pipe From India:
Affirmative Preliminary Determination of Sales at
Less Than Fair Value and Postponement of Final
Determination, 81 FR 28824 (May 10, 2016)
(‘‘Preliminary Determination’’).
2 Petitioners consist of Bristol Metals, LLC, Felker
Brothers Corporation, Outokumpu Stainless Pipe,
Inc., and Marcegaglia USA Inc. (collectively,
‘‘Petitioners’’).
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 Determination in the Less-Than-FairValue Investigation of Welded Stainless Pressure
Pipe from India,’’ dated concurrently with this
notice (‘‘Issues and Decision Memorandum’’).
PO 00000
Frm 00003
Fmt 4703
Sfmt 4703
Product(s)
The firm produces architectural and heavy aluminum windows in standard size and design.
The firm manufactures injection molding, tooling
and CNC machining.
This firm is a manufacturer of precision tools for
the oil industry.
Scope of the Investigation
The product covered by this
investigation is circular welded
austenitic stainless pressure pipe not
greater than 14 inches in outside
diameter, from India. For a full
description of the scope of this
investigation, see the ‘‘Scope of the
Investigation,’’ in Appendix II to this
notice. The Department did not receive
comments regarding the scope of this
investigation.
Final Determination of Affiliation and
Collapsing
We preliminarily determined to
collapse Sunrise with its affiliate Sun
Mark and to treat these two companies
as a single entity.4 No party raised this
issue subsequent to the Preliminary
Determination or provided comment in
their case or rebuttal briefs.
Accordingly, we continue to find
Sunrise and Sun Mark are affiliated
pursuant to section 771(33)(F) of the Act
and should be collapsed together and
treated as a single entity, pursuant to the
criteria laid out in 19 CFR 351.401(f).5
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties in this
investigation are addressed in the Issues
and Decision Memorandum, which is
incorporated by reference and hereby
adopted by this notice. A list of the
4 See Preliminary Determination and
accompanying Memorandum to Brendan Quinn,
Acting Director, Office III, ‘‘Antidumping Duty
Investigation on Welded Stainless Pressure Pipe
from India: Preliminary Affiliation and Collapsing
Memorandum for Sunrise Stainless Private
Limited,’’ dated May 10, 2016.
5 See Preliminary Determination, and
accompanying Memorandum from Christian Marsh,
Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, ‘‘Decision Memorandum for the
Preliminary Determination in the Antidumping
Duty Investigation of Welded Stainless Pressure
Pipe from India,’’ dated May 3, 2016, at 3.
E:\FR\FM\29SEN1.SGM
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66922
Federal Register / Vol. 81, No. 189 / Thursday, September 29, 2016 / Notices
issues raised is attached to this notice as
Appendix I to this notice. The Issues
and 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 it is available to
all parties in the Central Records Unit,
Room B–8024 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 and
electronic versions of the Issues and
Decision Memorandum are identical in
content.
Use of Adverse Facts Available
In making this final determination,
the Department relied, in part, on facts
available with regard to sales of
defective or sub-prime merchandise in
the home market by Steamline.6
Because Steamline failed to act to the
best of its 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 accompanying
Issues and Decision Memorandum at
Comment 1.
Changes Since the Preliminary
Determination
Based on our review and analysis of
the comments received from parties, we
made certain changes to the margin
calculations for both respondents since
the Preliminary Determination,
including a revision of our comparisons
of normal value (‘‘NV’’) to U.S. price on
a theoretical, instead of actual, weight
basis. For a discussion of all of these
changes, see the Issues and Decision
Memorandum.
All-Others Rate
Section 735(c)(5)(A) of the Act
provides that the all-others rate shall be
an amount equal to the weighted
average of the estimated weightedaverage dumping margins established
for exporters or producers individually
examined, excluding any rates that are
zero, de minimis, or determined entirely
under section 776 of the Act. Because
we calculated a de minimis weightedaverage dumping margin for Sunrise
Group, we have based the all-others rate
on the estimated weighted-average
dumping margin calculated for
Steamline, the other mandatory
respondent in this investigation.
Final Determination
The Department determines that the
final estimated weighted-average
dumping margins are as follows:
Estimated
weightedaverage
dumping
margin
(percent)
Exporter or producer
Steamline Industries Ltd ..........................................................................................................................................
Sunrise Stainless Pvt. Ltd. and Sun Mark Stainless Pvt. Ltd. (collectively, ‘‘Sunrise Group’’) ..............................
All Others .................................................................................................................................................................
Disclosure
We will disclose the calculations
performed to interested parties in this
proceeding within five days of the
public announcement of this final
determination in accordance with 19
CFR 351.224(b).
mstockstill on DSK3G9T082PROD with NOTICES
Continuation of Suspension of
Liquidation
In accordance with section
735(c)(1)(B) of the Act, we will direct
U.S. Customs and Border Protection
(‘‘CBP’’) to continue to suspend
liquidation of all appropriate entries of
WSPP from India, as described in the
‘‘Scope of the Investigation’’ section,
which are entered, or withdrawn from
warehouse, for consumption on or after
May 10, 2016, the date of publication in
the Federal Register of the affirmative
Preliminary Determination. Because
Sunrise Group, which includes Sunrise
Stainless Pvt. Ltd. and Sun Mark
Stainless Pvt. Ltd., has an estimated
weighted-average final dumping margin
of zero, we are directing CBP to
terminate suspension of liquidation of
6 See Issues and Decision Memorandum at
Comment 1.
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18:51 Sep 28, 2016
Jkt 238001
entries of WSPP produced and exported
by this entity. In addition, subject
merchandise produced and exported by
Sunrise Group will be excluded from
the antidumping duty order, if issued.
Pursuant to 19 CFR 351.205(d), we
will instruct CBP to require a cash
deposit equal to the weighted-average
amount by which the NV exceeds the
export price (‘‘EP’’) or constructed
export price (‘‘CEP’’), as indicated in the
chart above. Consistent with our
longstanding practice, where the
product under investigation is also
subject to a concurrent countervailing
duty investigation, we instruct CBP to
require a cash deposit equal to the
amount by which the NV exceeds the
U.S. price, less the amount of the
countervailing duty determined to
constitute any export subsidies.
Therefore, in the event that a
countervailing duty order is issued and
suspension of liquidation is resumed in
the companion countervailing duty
investigation on WSPP from India, the
Department will instruct CBP to require
cash deposits adjusted by the amount of
7 See
PO 00000
sections 776(a) and (b) of the Act.
Frm 00004
Fmt 4703
Sfmt 4703
Cash deposit
rate
(percent)
12.66
0.00
12.66
10.17
0.00
8.35
export subsidies, as appropriate. These
adjustments are reflected in the final
column of the rate chart, above.8 Until
such suspension of liquidation is
resumed in the companion
countervailing duty investigation, and
so long as suspension of liquidation
continues under this antidumping duty
investigation, the cash deposit rates for
this antidumping duty investigation will
be the rates identified in the weightedaverage margin column in the rate chart,
above.
International Trade Commission
(‘‘ITC’’) Notification
In accordance with section 735(d) of
the Act, we will notify the ITC of the
final affirmative determination of sales
at LTFV. Because the final
determination in this proceeding is
affirmative, in part, section 735(b)(2) of
the Act requires that the ITC make its
final determination whether the
domestic industry in the United States
is materially injured, or threatened with
material injury, by reason of imports of
WSPP from India no later than 45 days
8 See Memorandum to the File, ‘‘Calculation
Memorandum for Export Subsidy Offset to Cash
Deposit Rates,’’ dated concurrently with this notice.
E:\FR\FM\29SEN1.SGM
29SEN1
Federal Register / Vol. 81, No. 189 / Thursday, September 29, 2016 / Notices
after our final determination. If the ITC
determines that such injury does exist,
the Department will issue an
antidumping duty order directing CBP
to assess, upon further instruction by
the Department, antidumping duties on
all imports of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the effective
date of the suspension of liquidation.
Notification Regarding Administrative
Protective Orders (‘‘APO’’)
This notice serves as a reminder to
parties subject to 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 the terms of an
APO is a violation subject to sanction.
Notice to Interested Parties
This determination is issued and
published in accordance with sections
735(d) and 777(i)(1) of the Act and 19
CFR 351.210.
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. Changes Since the Preliminary
Determination
V. List of Comments
VI. Discussion of the Issues
Comment 1: Whether Certain Home Market
Sales Constitute Sub-Prime Merchandise
Comment 2: The Use of Theoretical or
Actual Weight
Comment 3: Calculation of Direct Material
(Coil) Cost
Comment 4: Steamline’s Home Market
Sales to an Affiliated Party
Comment 5: Steamline’s Data Error for One
U.S. Sale
Comment 6: Steamline’s Inventory
Carrying Costs (‘‘ICC’’)
Comment 7: Steamline’s Packing Material
Usage Rate
Comment 8: Steamline’s Minor Corrections
to Response Presented at Verification
Comment 9: Steamline’s Arm’s-Length
Prices From Affiliated Parties for Direct
Materials
Comment 10: Steamline’s Allocation of
Conversion Costs
Comment 11: Steamline’s Director’s
Remuneration
Comment 12: Steamline’s Cost
Reconciliation and Scrap
VerDate Sep<11>2014
18:51 Sep 28, 2016
Jkt 238001
Comment 13: Conversion of Sunrise’s
Warranty Expenses
Comment 14: Treatment of Indirect Selling
Expenses for Sunrise’s CEP Sales
Comment 15: Use of Net Quantity in the
Calculation of Sunrise’s U.S. Sales
VII. 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 domestic 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. 2016–23577 Filed 9–28–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Meeting of the United States Travel
and Tourism Advisory Board
International Trade
Administration, U.S. Department of
Commerce.
ACTION: Notice of an open meeting.
AGENCY:
The United States Travel and
Tourism Advisory Board (Board) will
hold an open meeting via teleconference
on Thursday, October 13, 2016. The
Board was re-chartered in August 2015
and advises the Secretary of Commerce
on matters relating to the U.S. travel and
SUMMARY:
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
66923
tourism industry. The purpose of the
meeting is for Board members to
deliberate on proposed
recommendations related to travel
security and the customer experience,
visa facilitation, and the collection of
international visitation data to the
United States. The final agenda will be
posted on the Department of Commerce
Web site for the Board at https://
trade.gov/ttab, at least one week in
advance of the meeting.
DATES: Thursday, October 13, 2016, 2:00
p.m.–4:00 p.m. EDT. The deadline for
members of the public to register,
including requests to make comments
during the meeting and for auxiliary
aids, or to submit written comments for
dissemination prior to the meeting, is
5:00 p.m. EDT on October 6, 2016.
ADDRESSES: The meeting will be held by
conference call. The call-in number and
passcode will be provided by email to
registrants. Requests to register
(including to speak or for auxiliary aids)
and any written comments should be
submitted to: U.S. Travel and Tourism
Advisory Board, U.S. Department of
Commerce, Room 4043, 1401
Constitution Avenue NW., Washington,
DC 20230, OACIO@trade.gov. Members
of the public are encouraged to submit
registration requests and written
comments via email to ensure timely
receipt.
FOR FURTHER INFORMATION CONTACT: Li
Zhou, the United States Travel and
Tourism Advisory Board, Room 4043,
1401 Constitution Avenue NW.,
Washington, DC 20230, telephone: 202–
482–4501, email: OACIO@trade.gov.
SUPPLEMENTARY INFORMATION:
Background: The Board advises the
Secretary of Commerce on matters
relating to the U.S. travel and tourism
industry.
Public Participation: The meeting will
be open to the public and will be
accessible to people with disabilities.
All guests are required to register in
advance by the deadline identified
under the DATES caption. Requests for
auxiliary aids must be submitted by the
registration deadline. Last minute
requests will be accepted, but may be
impossible to fill. There will be fifteen
(15) minutes allotted for oral comments
from members of the public joining the
meeting. To accommodate as many
speakers as possible, the time for public
comments may be limited to three (3)
minutes per person. Individuals wishing
to reserve speaking time during the
meeting must submit a request at the
time of registration, as well as the name
and address of the proposed speaker. If
the number of registrants requesting to
make statements is greater than can be
E:\FR\FM\29SEN1.SGM
29SEN1
Agencies
[Federal Register Volume 81, Number 189 (Thursday, September 29, 2016)]
[Notices]
[Pages 66921-66923]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23577]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-867]
Welded Stainless Pressure Pipe From India: Final Determination of
Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') determines that
welded stainless pressure pipe (``WSPP'') from India is being, or is
likely to be, sold in the United States at less than fair value
(``LTFV''). The period of investigation (``POI'') is July 1, 2014,
through June 30, 2015. The final estimated weighted-average dumping
margins of sales at LTFV are listed below in the ``Final
Determination'' section of this notice.
DATES: Effective September 29, 2016.
FOR FURTHER INFORMATION CONTACT: James Terpstra or Alex Rosen, 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; telephone: (202) 482-
3965, or (202) 482-7814, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 10, 2016, the Department published the Preliminary
Determination of this LTFV investigation and invited parties to
comment.\1\ As provided in section 782(i) of the Tariff Act of 1930, as
amended (``the Act''), in June and July 2016, the Department verified
the sales and cost data reported by (1) Steamline Industries Limited
(``Steamline'') and (2) Sunrise Stainless Pvt. Ltd. (``Sunrise'')
(including its affiliate Sun Mark Stainless Pvt. Ltd. (``Sun Mark'')
(``collectively, ``Sunrise Group'')), the two mandatory respondents in
this investigation. In August 2016, Petitioners,\2\ Sunrise Group and
Steamline submitted case briefs and rebuttal briefs. For a complete
discussion of the events that occurred since the Preliminary
Determination, see the Issues and Decision Memorandum.\3\
---------------------------------------------------------------------------
\1\ See Welded Stainless Pressure Pipe From India: Affirmative
Preliminary Determination of Sales at Less Than Fair Value and
Postponement of Final Determination, 81 FR 28824 (May 10, 2016)
(``Preliminary Determination'').
\2\ Petitioners consist of Bristol Metals, LLC, Felker Brothers
Corporation, Outokumpu Stainless Pipe, Inc., and Marcegaglia USA
Inc. (collectively, ``Petitioners'').
\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 Determination in the
Less-Than-Fair-Value Investigation of Welded Stainless Pressure Pipe
from India,'' dated concurrently with this notice (``Issues and
Decision Memorandum'').
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is circular welded
austenitic stainless pressure pipe not greater than 14 inches in
outside diameter, from India. For a full description of the scope of
this investigation, see the ``Scope of the Investigation,'' in Appendix
II to this notice. The Department did not receive comments regarding
the scope of this investigation.
Final Determination of Affiliation and Collapsing
We preliminarily determined to collapse Sunrise with its affiliate
Sun Mark and to treat these two companies as a single entity.\4\ No
party raised this issue subsequent to the Preliminary Determination or
provided comment in their case or rebuttal briefs. Accordingly, we
continue to find Sunrise and Sun Mark are affiliated pursuant to
section 771(33)(F) of the Act and should be collapsed together and
treated as a single entity, pursuant to the criteria laid out in 19 CFR
351.401(f).\5\
---------------------------------------------------------------------------
\4\ See Preliminary Determination and accompanying Memorandum to
Brendan Quinn, Acting Director, Office III, ``Antidumping Duty
Investigation on Welded Stainless Pressure Pipe from India:
Preliminary Affiliation and Collapsing Memorandum for Sunrise
Stainless Private Limited,'' dated May 10, 2016.
\5\ See Preliminary Determination, and accompanying Memorandum
from Christian Marsh, Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado, Assistant Secretary
for Enforcement and Compliance, ``Decision Memorandum for the
Preliminary Determination in the Antidumping Duty Investigation of
Welded Stainless Pressure Pipe from India,'' dated May 3, 2016, at
3.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties in
this investigation are addressed in the Issues and Decision Memorandum,
which is incorporated by reference and hereby adopted by this notice. A
list of the
[[Page 66922]]
issues raised is attached to this notice as Appendix I to this notice.
The Issues and 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 it is available to all parties in the Central Records Unit, Room B-
8024 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 and
electronic versions of the Issues and Decision Memorandum are identical
in content.
Use of Adverse Facts Available
In making this final determination, the Department relied, in part,
on facts available with regard to sales of defective or sub-prime
merchandise in the home market by Steamline.\6\ Because Steamline
failed to act to the best of its 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 accompanying Issues and Decision
Memorandum at Comment 1.
---------------------------------------------------------------------------
\6\ See Issues and Decision Memorandum at Comment 1.
\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 margin calculations for both
respondents since the Preliminary Determination, including a revision
of our comparisons of normal value (``NV'') to U.S. price on a
theoretical, instead of actual, weight basis. For a discussion of all
of these changes, see the Issues and Decision Memorandum.
All-Others Rate
Section 735(c)(5)(A) of the Act provides that the all-others rate
shall be an amount equal to the weighted average of the estimated
weighted-average dumping margins established for exporters or producers
individually examined, excluding any rates that are zero, de minimis,
or determined entirely under section 776 of the Act. Because we
calculated a de minimis weighted-average dumping margin for Sunrise
Group, we have based the all-others rate on the estimated weighted-
average dumping margin calculated for Steamline, the other mandatory
respondent in this investigation.
Final Determination
The Department determines that the final estimated weighted-average
dumping margins are as follows:
------------------------------------------------------------------------
Estimated
weighted-
Exporter or producer average Cash deposit
dumping margin rate (percent)
(percent)
------------------------------------------------------------------------
Steamline Industries Ltd................ 12.66 10.17
Sunrise Stainless Pvt. Ltd. and Sun Mark 0.00 0.00
Stainless Pvt. Ltd. (collectively,
``Sunrise Group'').....................
All Others.............................. 12.66 8.35
------------------------------------------------------------------------
Disclosure
We will disclose the calculations performed to interested parties
in this proceeding within five days of the public announcement of this
final determination in accordance with 19 CFR 351.224(b).
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, we will direct
U.S. Customs and Border Protection (``CBP'') to continue to suspend
liquidation of all appropriate entries of WSPP from India, as described
in the ``Scope of the Investigation'' section, which are entered, or
withdrawn from warehouse, for consumption on or after May 10, 2016, the
date of publication in the Federal Register of the affirmative
Preliminary Determination. Because Sunrise Group, which includes
Sunrise Stainless Pvt. Ltd. and Sun Mark Stainless Pvt. Ltd., has an
estimated weighted-average final dumping margin of zero, we are
directing CBP to terminate suspension of liquidation of entries of WSPP
produced and exported by this entity. In addition, subject merchandise
produced and exported by Sunrise Group will be excluded from the
antidumping duty order, if issued.
Pursuant to 19 CFR 351.205(d), we will instruct CBP to require a
cash deposit equal to the weighted-average amount by which the NV
exceeds the export price (``EP'') or constructed export price
(``CEP''), as indicated in the chart above. Consistent with our
longstanding practice, where the product under investigation is also
subject to a concurrent countervailing duty investigation, we instruct
CBP to require a cash deposit equal to the amount by which the NV
exceeds the U.S. price, less the amount of the countervailing duty
determined to constitute any export subsidies. Therefore, in the event
that a countervailing duty order is issued and suspension of
liquidation is resumed in the companion countervailing duty
investigation on WSPP from India, the Department will instruct CBP to
require cash deposits adjusted by the amount of export subsidies, as
appropriate. These adjustments are reflected in the final column of the
rate chart, above.\8\ Until such suspension of liquidation is resumed
in the companion countervailing duty investigation, and so long as
suspension of liquidation continues under this antidumping duty
investigation, the cash deposit rates for this antidumping duty
investigation will be the rates identified in the weighted-average
margin column in the rate chart, above.
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\8\ See Memorandum to the File, ``Calculation Memorandum for
Export Subsidy Offset to Cash Deposit Rates,'' dated concurrently
with this notice.
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International Trade Commission (``ITC'') Notification
In accordance with section 735(d) of the Act, we will notify the
ITC of the final affirmative determination of sales at LTFV. Because
the final determination in this proceeding is affirmative, in part,
section 735(b)(2) of the Act requires that the ITC make its final
determination whether the domestic industry in the United States is
materially injured, or threatened with material injury, by reason of
imports of WSPP from India no later than 45 days
[[Page 66923]]
after our final determination. If the ITC determines that such injury
does exist, the Department will issue an antidumping duty order
directing CBP to assess, upon further instruction by the Department,
antidumping duties on all imports of the subject merchandise entered,
or withdrawn from warehouse, for consumption on or after the effective
date of the suspension of liquidation.
Notification Regarding Administrative Protective Orders (``APO'')
This notice serves as a reminder to parties subject to 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 the terms of an APO is a violation
subject to sanction.
Notice to Interested Parties
This determination is issued and published in accordance with
sections 735(d) and 777(i)(1) of the Act and 19 CFR 351.210.
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. Changes Since the Preliminary Determination
V. List of Comments
VI. Discussion of the Issues
Comment 1: Whether Certain Home Market Sales Constitute Sub-
Prime Merchandise
Comment 2: The Use of Theoretical or Actual Weight
Comment 3: Calculation of Direct Material (Coil) Cost
Comment 4: Steamline's Home Market Sales to an Affiliated Party
Comment 5: Steamline's Data Error for One U.S. Sale
Comment 6: Steamline's Inventory Carrying Costs (``ICC'')
Comment 7: Steamline's Packing Material Usage Rate
Comment 8: Steamline's Minor Corrections to Response Presented
at Verification
Comment 9: Steamline's Arm's-Length Prices From Affiliated
Parties for Direct Materials
Comment 10: Steamline's Allocation of Conversion Costs
Comment 11: Steamline's Director's Remuneration
Comment 12: Steamline's Cost Reconciliation and Scrap
Comment 13: Conversion of Sunrise's Warranty Expenses
Comment 14: Treatment of Indirect Selling Expenses for Sunrise's
CEP Sales
Comment 15: Use of Net Quantity in the Calculation of Sunrise's
U.S. Sales
VII. 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
domestic 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. 2016-23577 Filed 9-28-16; 8:45 am]
BILLING CODE 3510-DS-P