Certain Iron Mechanical Transfer Drive Components From Canada: Final Affirmative Determination of Sales at Less Than Fair Value, 75039-75042 [2016-26106]
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Federal Register / Vol. 81, No. 209 / Friday, October 28, 2016 / Notices
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 or securities posted as
a result of the suspension of liquidation
will be refunded or canceled.
ITC 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 related 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
(‘‘APO’’), without the written consent of
the Assistant Secretary for Enforcement
and Compliance.
Return or Destruction of Proprietary
Information
In the event the ITC issues a final
negative injury determination, this
notice serves as the only reminder to
parties subject to an APO of their
responsibility concerning the
destruction 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.
Comment 3: Whether to Apply AFA or FA
to Purchases of Pig Iron and Ferrous
Scrap
Comment 4: Whether to Apply AFA With
Respect to the Program titled ‘‘VAT and
Import Tariff Exemptions for Imported
Equipment’’
Comment 5: Whether To Revise the Total
AFA Rate Calculated in the Preliminary
Determination
Comment 6: Whether To Recalculate the
Neutral Facts Available Rate Applied to
Cenfit
Comment 7: Whether To Revise the
Benchmark for Pig Iron and Ferrous
Scrap
Comment 8: Whether To Exclude VAT
From the LTAR Benchmark Prices
Comment 9: Whether To Revise the
Calculation of Benefits From the Land
for LTAR Program
Comment 10: Whether To Revise the
Inland Freight Costs Included in Input
Benchmarks
Comment 11: Whether To Correct
Ministerial Errors
Comment 12: Whether Producers of Pig
Iron and Ferrous Scrap Are
‘‘Authorities’’
Comment 13: Whether Inputs for LTAR
Are Specific
Comment 14: Whether to Use a Tier One
Benchmark for LTAR Programs
Comment 15: Whether the Provision of
Electricity for LTAR is Countervailable
Comment 16: Whether the GOC Provided
Policy Loans During the POI
Comment 17: Whether the Department
Properly Investigated Uninitiated
Programs
Comment 18: Whether the Department
Should Find That the Program Titled
‘‘Income Tax Credits for DomesticallyOwned Companies Purchasing
Domestically Produced Equipment’’ Has
Been Terminated
Comment 19: Whether Baldor Electric
Company (Canada) Should Receive the
All-Others Rate
XI. Recommendation
[FR Doc. 2016–26105 Filed 10–27–16; 8:45 am]
BILLING CODE 3510–DS–P
Appendix I
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Dated: October 21, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
International Trade Administration
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Scope Comments
V. Application of the Countervailing Duty
Law to Imports From the PRC
VI. Subsidies Valuation Information
VII. Benchmarks and Discount Rates
VIII. Use of Facts Otherwise Available and
Adverse Inferences
IX. Analysis of Programs
X. Analysis of Comments
Comment 1: Whether to Apply AFA With
Respect to NOK Wuxi
Comment 2: Whether to Apply AFA With
Respect to the Powermach Companies
[A–122–856]
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DEPARTMENT OF COMMERCE
Certain Iron Mechanical Transfer Drive
Components From Canada: Final
Affirmative Determination of Sales at
Less Than Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the ‘‘Department’’) determines that
certain iron mechanical transfer drive
components (‘‘IMTDCs’’) from Canada
are being, or likely to be, sold in the
United States at less than fair value
(‘‘LTFV’’). Baldor Electric Company
AGENCY:
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75039
Canada (‘‘Baldor’’) is the sole mandatory
respondent in this investigation. The
period of investigation (‘‘POI’’) is
October 1, 2014, through September 30,
2015. The final estimated dumping
margins of sales at LTFV are shown in
the ‘‘Final Determination’’ section of
this notice.
DATES:
Effective October 28, 2016.
FOR FURTHER INFORMATION CONTACT:
Stephen Bailey or Robert Bolling, AD/
CVD Operations, Office IV, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–0193 or (202) 482–3434,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 8, 2016, the Department
published its preliminary affirmative
determination of sales at LTFV in the
investigation of IMTDCs from Canada.1
We invited interested parties to
comment on our preliminary
determination. We received comments
from TB Wood’s Inc. (‘‘Petitioner’’) and
did not receive rebuttal comments or a
request for a hearing. Additionally, we
received scope comments for this
investigation (see Scope Comments
below).
A full discussion of the issues raised
by parties for this final determination
may be found in the Issues and Decision
Memorandum.2 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 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. The signed and
electronic versions of the Issues and
1 See Certain Iron Mechanical Transfer Drive
Components from Canada: Affirmative Preliminary
Determination of Sales at Less Than Fair Value and
Postponement of Final Determination, 81 FR 36887
(June 8, 2016) (‘‘Preliminary Determination’’).
2 See Memorandum from Gary Taverman,
Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
to Ronald K. Lorentzen, Acting Assistant Secretary
for Enforcement and Compliance, regarding
‘‘Certain Iron Mechanical Transfer Drive
Components from Canada: Issues and Decision
Memorandum for the Final Determination of Sales
at Less-Than-Fair-Value,’’ dated concurrently with
this notice (‘‘Issues and Decision Memorandum’’).
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Decision Memorandum are identical in
content.
Scope of the Investigation
The merchandise covered by this
investigation are iron mechanical
transfer drive components. For a
complete description of the scope of the
investigation, see Appendix I to this
notice.
Scope Comments
Since the Preliminary Determination,
Petitioner, as well as interested parties
Caterpillar Inc., Carrier Corporation,
Dahua Machine Manufacturing Co. Ltd.,
General Motors Corporation, Kohler Co.,
Mercury Marine, Otis Elevator
Company, Speed Solutions International
Inc., ZF Services, LLC, and Vibracoustic
North America LP, commented on the
scope of this investigation, as well as
the companion IMTDCs LTFV
investigation from the People’s Republic
of China (the ‘‘PRC’’) and IMTDCs
countervailing duty investigation from
the PRC. The Department reviewed
these comments and has accepted and
incorporated into the scope of these
investigations Petitioner’s exclusion for
certain flywheels with a permanently
attached outer ring gear and for certain
parts of torsional vibration dampers. For
further discussion, see the ‘‘Final Scope
Decision Memorandum.’’ 3 The scope in
Appendix I reflects the final modified
scope language.
Analysis of Comments Received
All issues raised in the case brief that
was submitted by Petitioner in this
investigation are addressed in the Issues
and Decision Memorandum
accompanying this notice, and which is
hereby adopted by this notice. A list of
the issues addressed in the Issues and
Decision Memorandum is attached to
this notice at Appendix II.
mstockstill on DSK3G9T082PROD with NOTICES
Final Determination
As discussed in the Issues and
Decision Memorandum, we made no
changes to our preliminary affirmative
LTFV determination. Therefore, for the
final determination, we continue to
determine that the following estimated
3 See Memorandum from Abdelali Elouaradia,
Director, Office IV, Antidumping and
Countervailing Duty Operations, to Gary Taverman,
Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
regarding ‘‘Antidumping Duty Investigations of
Certain Iron Mechanical Transfer Drive
Components from Canada and the People’s
Republic of China and Countervailing Duty
Investigation of Certain Iron Mechanical Transfer
Drive Components from the People’s Republic of
China: Scope Decision Memorandum for the Final
Determinations,’’ (‘‘Final Scope Decision
Memorandum’’) dated concurrently with this final
determination.
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dumping margins exist for the following
producers or exporters for the period
October 1, 2014, through September 30,
2015.
Determination. Thus, no additional
disclosure of calculations is necessary
for this final determination.
International Trade Commission
Notification
Exporter/producer
In accordance with section 735(d) of
the Act, we will notify the International
Trade Commission (‘‘ITC’’) of our final
Baldor Electric Company
Canada ..............................
191.34 affirmative determination of sales at
All-Others ..............................
100.47 LTFV. Because the final determination
in the proceeding is affirmative, in
accordance with section 735(b)(2) of the
All-Others Rate
Act, the ITC will make its final
Section 735(c)(5)(A) of the Tariff Act
determination as to whether the
of 1930, as amended (‘‘the Act’’),
domestic industry in the United States
provides that the estimated ‘‘all-others’’ is materially injured, or threatened with
rate shall be an amount equal to the
material injury, by reason of imports of
weighted average of the estimated
IMTDCs from Canada no later than 45
weighted-average dumping margins
days after our final determination. If the
established for exporters and producers
ITC determines that such injury does
individually investigated, excluding any not exist, this proceeding will be
zero or de minimis margins, and any
terminated and all securities posted will
margins determined entirely under
be refunded or canceled. If the ITC
section 776 of the Act. In cases in which determines that such injury does exist,
no weighted-average dumping margins
the Department will issue an
besides zero, de minimis, or those
antidumping duty order directing CBP
determined entirely under section 776
to assess, upon further instruction by
of the Act have been established for
the Department, antidumping duties on
individually investigated entities, in
appropriate imports of the subject
accordance with section 735(c)(5)(B) of
merchandise entered, or withdrawn
the Act, the Department may use ‘‘any
from warehouse, for consumption on or
reasonable method’’ to determine the
after the effective date of the suspension
‘‘all-others’’ rate. Because the margin for of liquidation.
Baldor, the sole mandatory respondent,
Notification Regarding Administrative
is calculated entirely under section 776
Protective Orders
of the Act, we continue to rely on a
simple average of the margins in the
This notice serves as a reminder to the
Petition, upon which the Department
parties subject to administrative
initiated this investigation, in
protective order (‘‘APO’’) of their
determining the ‘‘all-others’’ rate.
responsibility concerning the
disposition of proprietary information
Continuation of Suspension of
disclosed under APOs in accordance
Liquidation
with 19 CFR 351.305. Timely written
In accordance with section
notification of return or destruction of
735(c)(1)(B) of the Act, we will instruct
APO materials or conversion to judicial
U.S. Customs and Border Protection
protective order is hereby requested.
(‘‘CBP’’) to continue the suspension of
Failure to comply with the regulations
liquidation of all entries of IMTDCs
and the terms of APOs is a sanctionable
from Canada, as described in the ‘‘Scope violation.
of the Investigation’’ section, which
We are issuing and publishing this
were entered, or withdrawn from
determination in accordance with
warehouse, for consumption on or after
sections 735(d) and 777(i)(1) of the Act
June 8, 2016, the date of publication of
and 19 CFR 351.210(c).
the Preliminary Determination. CBP
Dated: October 21, 2016.
shall require a cash deposit equal to the
Ronald K. Lorentzen,
estimated amount by which the normal
Acting Assistant Secretary for Enforcement
value exceeds the U.S. price as shown
and Compliance.
above. These instructions suspending
liquidation will remain in effect until
Appendix I
further notice.
Dumping
margin
(percent)
Disclosure
We described the calculations used to
determine the estimated dumping
margins based on adverse facts
available, in the Preliminary
Determination. We made no changes to
our calculations since the Preliminary
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Scope of the Investigation
The products covered by this investigation
are iron mechanical transfer drive
components, whether finished or unfinished
(i.e., blanks or castings). Subject iron
mechanical transfer drive components are in
the form of wheels or cylinders with a center
bore hole that may have one or more grooves
or teeth in their outer circumference that
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guide or mesh with a flat or ribbed belt or
like device and are often referred to as
sheaves, pulleys, flywheels, flat pulleys,
idlers, conveyer pulleys, synchronous
sheaves, and timing pulleys. The products
covered by this investigation also include
bushings, which are iron mechanical transfer
drive components in the form of a cylinder
and which fit into the bore holes of other
mechanical transfer drive components to lock
them into drive shafts by means of elements
such as teeth, bolts, or screws.
Iron mechanical transfer drive components
subject to this investigation are those not less
than 4.00 inches (101 mm) in the maximum
nominal outer diameter.
Unfinished iron mechanical transfer drive
components (i.e., blanks or castings) possess
the approximate shape of the finished iron
mechanical transfer drive component and
have not yet been machined to final
specification after the initial casting, forging
or like operations. These machining
processes may include cutting, punching,
notching, boring, threading, mitering, or
chamfering.
Subject merchandise includes iron
mechanical transfer drive components as
defined above that have been finished or
machined in a third country, including but
not limited to finishing/machining processes
such as cutting, punching, notching, boring,
threading, mitering, or chamfering, or any
other processing that would not otherwise
remove the merchandise from the scope of
this investigation if performed in the country
of manufacture of the iron mechanical
transfer drive components.
Subject iron mechanical transfer drive
components are covered by the scope of this
investigation regardless of width, design, or
iron type (e.g., gray, white, or ductile iron).
Subject iron mechanical transfer drive
components are covered by the scope of this
investigation regardless of whether they have
non-iron attachments or parts and regardless
of whether they are entered with other
mechanical transfer drive components or as
part of a mechanical transfer drive assembly
(which typically includes one or more of the
iron mechanical transfer drive components
identified above, and which may also include
other parts such as a belt, coupling and/or
shaft). When entered as a mechanical transfer
drive assembly, only the iron components
that meet the physical description of covered
merchandise are covered merchandise, not
the other components in the mechanical
transfer drive assembly (e.g., belt, coupling,
shaft). However, the scope excludes
flywheels with a ring gear permanently
attached onto the outer diameter. A ring gear
is a steel ring with convex external teeth cut
or machined into the outer diameter, and
where the diameter of the ring exceeds 200
mm and does not exceed 2,244.3 mm.
For purposes of this investigation, a
covered product is of ‘‘iron’’ where the article
has a carbon content of 1.7 percent by weight
or above, regardless of the presence and
amount of additional alloying elements.
Excluded from the scope are finished
torsional vibration dampers (TVDs). A
finished TVD is an engine component
composed of three separate components: An
inner ring, a rubber ring and an outer ring.
The inner ring is an iron wheel or cylinder
with a bore hole to fit a crank shaft which
forms a seal to prevent leakage of oil from the
engine. The rubber ring is a dampening
medium between the inner and outer rings
that effectively reduces the torsional
vibration. The outer ring, which may be
made of materials other than iron, may or
may not have grooves in its outer
circumference. To constitute a finished
excluded TVD, the product must be
composed of each of the three parts
identified above and the three parts must be
permanently affixed to one another such that
both the inner ring and the outer ring are
permanently affixed to the rubber ring. A
finished TVD is excluded only if it meets the
physical description provided above;
merchandise that otherwise meets the
description of the scope and does not satisfy
the physical description of excluded finished
TVDs above is still covered by the scope of
this investigation regardless of end use or
identification as a TVD.
Also excluded from the scope are certain
TVD inner rings. To constitute an excluded
TVD inner ring, the product must have each
of the following characteristics: (1) A single
continuous curve forming a protrusion or
indentation on outer surface, also known as
Size (belt profile)
Outside diameter
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MA/AK
MA/AK
MB/BK
MB/BK
(A,
(A,
(A,
(A,
3L, 4L) ............................................
3L, 4L) ............................................
B, 4L, 5L) ........................................
B, 4L, 5L) ........................................
a sine lock, with a height or depth not less
than 1.5 millimeters and not exceeding 4.0
millimeters and with a width of at least 10
millimeters as measured across the sine lock
from one edge of the curve to the other; 4 (2)
a face width of the outer diameter of greater
than or equal to 20 millimeters but less than
or equal to 80 millimeters; (3) an outside
diameter greater than or equal to 101
millimeters but less than or equal to 300
millimeters; and (4) a weight not exceeding
7 kilograms. A TVD inner ring is excluded
only if it meets the physical description
provided above; merchandise that otherwise
meets the description of the scope and does
not satisfy the physical description of
excluded TVD inner rings is still covered by
the scope of this investigation regardless of
end use or identification as a TVD inner ring.
The scope also excludes light-duty, fixedpitch, non-synchronous sheaves (‘‘excludable
LDFPN 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 two
grooves; having a maximum face width of no
more than 1.75 inches, where the face width
is the width of the part at its outside
diameter; having a maximum outside
diameter of not more than 18.75 inches; and
having no teeth on the outside or datum
diameter. Excludable LDFPN sheaves must
also either have a maximum straight bore size
of 1.6875 inches with a maximum hub
diameter of 2.875 inches; or else have a
tapered bore measuring 1.625 inches at the
large end, a maximum hub diameter of 3.50
inches, a length through tapered bore of 1.0
inches, exactly two tapped holes that are 180
degrees apart, and a 2.0- inch bolt circle on
the face of the hub. Excludable LDFPN
sheaves more than 6.75 inches in outside
diameter must also have an arm or spoke
construction.5 Further, excludable LDFPN
sheaves must have a groove profile as
indicated in the table below:
Top width
range of each
groove
(inches)
≤5.45 in .............................................................
>5.45 in. but ≤18.75 in .....................................
≤7.40 in .............................................................
>7.40 in. but ≤18.75 in .....................................
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
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;
4 The edges of the sine lock curve are defined as
the points where the surface of the inner ring is no
longer parallel to the plane formed by the inner
surface of the bore hole that attaches the ring to the
crankshaft.
5 An arm or spoke construction is where arms or
spokes (typically 3 to 6) connect the outside
diameter of the sheave with the hub of the sheave.
This is in contrast to a block construction (in which
the material between the hub and the outside
diameter is solid with a uniform thickness that is
the same thickness as the hub of the sheave) or a
web construction (in which the material between
the hub and the outside diameter is solid but is
thinner than at the hub of the sheave).
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mstockstill on DSK3G9T082PROD with NOTICES
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
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 this
investigation is dispositive.
Appendix II
List of Topics in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Discussion of the Issues:
Comment 1: Adverse Facts Available
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Comment 2: All-Others Rate
V. Recommendation
[FR Doc. 2016–26106 Filed 10–27–16; 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: Final Determination of Sales
at Less Than Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) determines that
imports of circular welded carbonquality steel pipe (CWP) from the
Socialist Republic of Vietnam (Vietnam)
are being, or are likely to be, sold in the
United States at less than fair value
(LTFV). The period of investigation
(POI) is April 1, 2015, through
September 30, 2015. The final dumping
margins of sales at LTFV are listed
below in the ‘‘Final Determination’’
section of this notice.
DATES: Effective October 28, 2016.
FOR FURTHER INFORMATION CONTACT:
Andrew Huston or Nancy Decker, AD/
CVD Operations, Office VII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–4261 or
(202) 482–0196, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On June 8, 2016, the Department
published the Preliminary
Determination of this antidumping duty
(AD) investigation.1 On July 15, 2016,
the Department published an Amended
Preliminary Determination in this
investigation.2 A summary of the events
that occurred since the Department
published the Amended Preliminary
Determination, as well as a full
discussion of the issues raised by parties
for this final determination, may be
1 See 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, 81 FR 36884 (June 8, 2016)
(Preliminary Determination) and accompanying
Preliminary Decision Memorandum.
2 See Antidumping Duty Investigation of Circular
Welded Carbon-Quality Steel Pipe From the
Socialist Republic of Vietnam: Amended
Affirmative Preliminary Determination, 81 FR
46048 (July 15, 2016) (Amended Preliminary
Determination).
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found in the Final Issues and Decision
Memorandum.3 The Final 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 Final Issues and
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed and
electronic versions of the Final Issues
and Decision Memorandum are
identical in content.
Scope of the Investigation
The products covered by this
investigation are CWP from Vietnam.
For a full description of the scope of this
investigation, see the ‘‘Scope of the
Investigation,’’ in Appendix I of this
notice.
Scope Comments
In the Preliminary Determination, the
Department set aside a period of time
for parties to address scope issues in
case briefs or other written comments
on scope issues.
No interested parties submitted scope
comments in case or rebuttal briefs;
therefore, for this final determination,
the scope of this investigation remains
unchanged from that published in the
Preliminary Determination.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties in this
investigation are addressed in the Final
Issues and Decision Memorandum. A
list of the issues raised is attached to
this notice as Appendix II.
Verification
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 factors of
production data reported by the
mandatory respondents SeAH Steel
VINA Corporation (SeAH) and Vietnam
3 See Memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Ronald K.
Lorentzen, Acting Assistant Secretary for
Enforcement and Compliance, ‘‘Issues and Decision
Memorandum for the Final Affirmative
Determination in the Antidumping Duty
Investigation of Circular Welded Carbon-Quality
Steel Pipe from the Socialist Republic of Vietnam,’’
(Final Issues and Decision Memorandum), dated
concurrently with this determination and hereby
adopted by this notice.
E:\FR\FM\28OCN1.SGM
28OCN1
]]>Agencies
[Federal Register Volume 81, Number 209 (Friday, October 28, 2016)]
[Notices]
[Pages 75039-75042]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26106]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-122-856]
Certain Iron Mechanical Transfer Drive Components From Canada:
Final Affirmative Determination of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the ``Department'') determines
that certain iron mechanical transfer drive components (``IMTDCs'')
from Canada are being, or likely to be, sold in the United States at
less than fair value (``LTFV''). Baldor Electric Company Canada
(``Baldor'') is the sole mandatory respondent in this investigation.
The period of investigation (``POI'') is October 1, 2014, through
September 30, 2015. The final estimated dumping margins of sales at
LTFV are shown in the ``Final Determination'' section of this notice.
DATES: Effective October 28, 2016.
FOR FURTHER INFORMATION CONTACT: Stephen Bailey or Robert Bolling, AD/
CVD Operations, Office IV, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW., Washington, DC 20230; telephone: (202) 482-0193 or (202)
482-3434, respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 8, 2016, the Department published its preliminary
affirmative determination of sales at LTFV in the investigation of
IMTDCs from Canada.\1\ We invited interested parties to comment on our
preliminary determination. We received comments from TB Wood's Inc.
(``Petitioner'') and did not receive rebuttal comments or a request for
a hearing. Additionally, we received scope comments for this
investigation (see Scope Comments below).
---------------------------------------------------------------------------
\1\ See Certain Iron Mechanical Transfer Drive Components from
Canada: Affirmative Preliminary Determination of Sales at Less Than
Fair Value and Postponement of Final Determination, 81 FR 36887
(June 8, 2016) (``Preliminary Determination'').
---------------------------------------------------------------------------
A full discussion of the issues raised by parties for this final
determination may be found in the Issues and Decision Memorandum.\2\
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
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. The signed and electronic versions of
the Issues and
[[Page 75040]]
Decision Memorandum are identical in content.
---------------------------------------------------------------------------
\2\ See Memorandum from Gary Taverman, Associate Deputy
Assistant Secretary for Antidumping and Countervailing Duty
Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for
Enforcement and Compliance, regarding ``Certain Iron Mechanical
Transfer Drive Components from Canada: Issues and Decision
Memorandum for the Final Determination of Sales at Less-Than-Fair-
Value,'' dated concurrently with this notice (``Issues and Decision
Memorandum'').
---------------------------------------------------------------------------
Scope of the Investigation
The merchandise covered by this investigation are iron mechanical
transfer drive components. For a complete description of the scope of
the investigation, see Appendix I to this notice.
Scope Comments
Since the Preliminary Determination, Petitioner, as well as
interested parties Caterpillar Inc., Carrier Corporation, Dahua Machine
Manufacturing Co. Ltd., General Motors Corporation, Kohler Co., Mercury
Marine, Otis Elevator Company, Speed Solutions International Inc., ZF
Services, LLC, and Vibracoustic North America LP, commented on the
scope of this investigation, as well as the companion IMTDCs LTFV
investigation from the People's Republic of China (the ``PRC'') and
IMTDCs countervailing duty investigation from the PRC. The Department
reviewed these comments and has accepted and incorporated into the
scope of these investigations Petitioner's exclusion for certain
flywheels with a permanently attached outer ring gear and for certain
parts of torsional vibration dampers. For further discussion, see the
``Final Scope Decision Memorandum.'' \3\ The scope in Appendix I
reflects the final modified scope language.
---------------------------------------------------------------------------
\3\ See Memorandum from Abdelali Elouaradia, Director, Office
IV, Antidumping and Countervailing Duty Operations, to Gary
Taverman, Associate Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, regarding ``Antidumping Duty
Investigations of Certain Iron Mechanical Transfer Drive Components
from Canada and the People's Republic of China and Countervailing
Duty Investigation of Certain Iron Mechanical Transfer Drive
Components from the People's Republic of China: Scope Decision
Memorandum for the Final Determinations,'' (``Final Scope Decision
Memorandum'') dated concurrently with this final determination.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case brief that was submitted by
Petitioner in this investigation are addressed in the Issues and
Decision Memorandum accompanying this notice, and which is hereby
adopted by this notice. A list of the issues addressed in the Issues
and Decision Memorandum is attached to this notice at Appendix II.
Final Determination
As discussed in the Issues and Decision Memorandum, we made no
changes to our preliminary affirmative LTFV determination. Therefore,
for the final determination, we continue to determine that the
following estimated dumping margins exist for the following producers
or exporters for the period October 1, 2014, through September 30,
2015.
------------------------------------------------------------------------
Dumping
Exporter/producer margin
(percent)
------------------------------------------------------------------------
Baldor Electric Company Canada.......................... 191.34
All-Others.............................................. 100.47
------------------------------------------------------------------------
All-Others Rate
Section 735(c)(5)(A) of the Tariff Act of 1930, as amended (``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 or de minimis margins, and any margins
determined entirely under section 776 of the Act. In cases in which no
weighted-average dumping margins besides zero, de minimis, or those
determined entirely under section 776 of the Act have been established
for individually investigated entities, in accordance with section
735(c)(5)(B) of the Act, the Department may use ``any reasonable
method'' to determine the ``all-others'' rate. Because the margin for
Baldor, the sole mandatory respondent, is calculated entirely under
section 776 of the Act, we continue to rely on a simple average of the
margins in the Petition, upon which the Department initiated this
investigation, in determining the ``all-others'' rate.
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, we will
instruct U.S. Customs and Border Protection (``CBP'') to continue the
suspension of liquidation of all entries of IMTDCs from Canada, as
described in the ``Scope of the Investigation'' section, which were
entered, or withdrawn from warehouse, for consumption on or after June
8, 2016, the date of publication of the Preliminary Determination. CBP
shall require a cash deposit equal to the estimated amount by which the
normal value exceeds the U.S. price as shown above. These instructions
suspending liquidation will remain in effect until further notice.
Disclosure
We described the calculations used to determine the estimated
dumping margins based on adverse facts available, in the Preliminary
Determination. We made no changes to our calculations since the
Preliminary Determination. Thus, no additional disclosure of
calculations is necessary for this final determination.
International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
International Trade Commission (``ITC'') of our final affirmative
determination of sales at LTFV. Because the final determination in the
proceeding is affirmative, in accordance with section 735(b)(2) of the
Act, the ITC will make its final determination as to whether the
domestic industry in the United States is materially injured, or
threatened with material injury, by reason of imports of IMTDCs from
Canada no later than 45 days after our final determination. If the ITC
determines that such injury does not exist, this proceeding will be
terminated and all securities posted will be refunded or canceled. 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 appropriate
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
This notice serves as a reminder to the parties subject to
administrative protective order (``APO'') of their responsibility
concerning the disposition of proprietary information disclosed under
APOs in accordance with 19 CFR 351.305. Timely written notification of
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 APOs is a sanctionable violation.
We are issuing and publishing this determination in accordance with
sections 735(d) and 777(i)(1) of the Act and 19 CFR 351.210(c).
Dated: October 21, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The products covered by this investigation are iron mechanical
transfer drive components, whether finished or unfinished (i.e.,
blanks or castings). Subject iron mechanical transfer drive
components are in the form of wheels or cylinders with a center bore
hole that may have one or more grooves or teeth in their outer
circumference that
[[Page 75041]]
guide or mesh with a flat or ribbed belt or like device and are
often referred to as sheaves, pulleys, flywheels, flat pulleys,
idlers, conveyer pulleys, synchronous sheaves, and timing pulleys.
The products covered by this investigation also include bushings,
which are iron mechanical transfer drive components in the form of a
cylinder and which fit into the bore holes of other mechanical
transfer drive components to lock them into drive shafts by means of
elements such as teeth, bolts, or screws.
Iron mechanical transfer drive components subject to this
investigation are those not less than 4.00 inches (101 mm) in the
maximum nominal outer diameter.
Unfinished iron mechanical transfer drive components (i.e.,
blanks or castings) possess the approximate shape of the finished
iron mechanical transfer drive component and have not yet been
machined to final specification after the initial casting, forging
or like operations. These machining processes may include cutting,
punching, notching, boring, threading, mitering, or chamfering.
Subject merchandise includes iron mechanical transfer drive
components as defined above that have been finished or machined in a
third country, including but not limited to finishing/machining
processes such as cutting, punching, notching, boring, threading,
mitering, or chamfering, or any other processing that would not
otherwise remove the merchandise from the scope of this
investigation if performed in the country of manufacture of the iron
mechanical transfer drive components.
Subject iron mechanical transfer drive components are covered by
the scope of this investigation regardless of width, design, or iron
type (e.g., gray, white, or ductile iron). Subject iron mechanical
transfer drive components are covered by the scope of this
investigation regardless of whether they have non-iron attachments
or parts and regardless of whether they are entered with other
mechanical transfer drive components or as part of a mechanical
transfer drive assembly (which typically includes one or more of the
iron mechanical transfer drive components identified above, and
which may also include other parts such as a belt, coupling and/or
shaft). When entered as a mechanical transfer drive assembly, only
the iron components that meet the physical description of covered
merchandise are covered merchandise, not the other components in the
mechanical transfer drive assembly (e.g., belt, coupling, shaft).
However, the scope excludes flywheels with a ring gear permanently
attached onto the outer diameter. A ring gear is a steel ring with
convex external teeth cut or machined into the outer diameter, and
where the diameter of the ring exceeds 200 mm and does not exceed
2,244.3 mm.
For purposes of this investigation, a covered product is of
``iron'' where the article has a carbon content of 1.7 percent by
weight or above, regardless of the presence and amount of additional
alloying elements.
Excluded from the scope are finished torsional vibration dampers
(TVDs). A finished TVD is an engine component composed of three
separate components: An inner ring, a rubber ring and an outer ring.
The inner ring is an iron wheel or cylinder with a bore hole to fit
a crank shaft which forms a seal to prevent leakage of oil from the
engine. The rubber ring is a dampening medium between the inner and
outer rings that effectively reduces the torsional vibration. The
outer ring, which may be made of materials other than iron, may or
may not have grooves in its outer circumference. To constitute a
finished excluded TVD, the product must be composed of each of the
three parts identified above and the three parts must be permanently
affixed to one another such that both the inner ring and the outer
ring are permanently affixed to the rubber ring. A finished TVD is
excluded only if it meets the physical description provided above;
merchandise that otherwise meets the description of the scope and
does not satisfy the physical description of excluded finished TVDs
above is still covered by the scope of this investigation regardless
of end use or identification as a TVD.
Also excluded from the scope are certain TVD inner rings. To
constitute an excluded TVD inner ring, the product must have each of
the following characteristics: (1) A single continuous curve forming
a protrusion or indentation on outer surface, also known as a sine
lock, with a height or depth not less than 1.5 millimeters and not
exceeding 4.0 millimeters and with a width of at least 10
millimeters as measured across the sine lock from one edge of the
curve to the other; \4\ (2) a face width of the outer diameter of
greater than or equal to 20 millimeters but less than or equal to 80
millimeters; (3) an outside diameter greater than or equal to 101
millimeters but less than or equal to 300 millimeters; and (4) a
weight not exceeding 7 kilograms. A TVD inner ring is excluded only
if it meets the physical description provided above; merchandise
that otherwise meets the description of the scope and does not
satisfy the physical description of excluded TVD inner rings is
still covered by the scope of this investigation regardless of end
use or identification as a TVD inner ring.
---------------------------------------------------------------------------
\4\ The edges of the sine lock curve are defined as the points
where the surface of the inner ring is no longer parallel to the
plane formed by the inner surface of the bore hole that attaches the
ring to the crankshaft.
---------------------------------------------------------------------------
The scope also excludes light-duty, fixed-pitch, non-synchronous
sheaves (``excludable LDFPN 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 two grooves; having a maximum face width of no
more than 1.75 inches, where the face width is the width of the part
at its outside diameter; having a maximum outside diameter of not
more than 18.75 inches; and having no teeth on the outside or datum
diameter. Excludable LDFPN sheaves must also either have a maximum
straight bore size of 1.6875 inches with a maximum hub diameter of
2.875 inches; or else have a tapered bore measuring 1.625 inches at
the large end, a maximum hub diameter of 3.50 inches, a length
through tapered bore of 1.0 inches, exactly two tapped holes that
are 180 degrees apart, and a 2.0- inch bolt circle on the face of
the hub. Excludable LDFPN sheaves more than 6.75 inches in outside
diameter must also have an arm or spoke construction.\5\ Further,
excludable LDFPN sheaves must have a groove profile as indicated in
the table below:
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\5\ An arm or spoke construction is where arms or spokes
(typically 3 to 6) connect the outside diameter of the sheave with
the hub of the sheave. This is in contrast to a block construction
(in which the material between the hub and the outside diameter is
solid with a uniform thickness that is the same thickness as the hub
of the sheave) or a web construction (in which the material between
the hub and the outside diameter is solid but is thinner than at the
hub of the sheave).
----------------------------------------------------------------------------------------------------------------
Top width
range of each Maximum height Angle
Size (belt profile) Outside diameter groove (inches) ([deg])
(inches)
----------------------------------------------------------------------------------------------------------------
MA/AK (A, 3L, 4L)...................... <=5.45 in................. 0.484-0.499 0.531 34
MA/AK (A, 3L, 4L)...................... >5.45 in. but <=18.75 in.. 0.499-0.509 0.531 38
MB/BK (A, B, 4L, 5L)................... <=7.40 in................. 0.607-0.618 0.632 34
MB/BK (A, B, 4L, 5L)................... >7.40 in. but <=18.75 in.. 0.620-0.631 0.635 38
----------------------------------------------------------------------------------------------------------------
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;
[[Page 75042]]
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, internally-threaded (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 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 this investigation is dispositive.
Appendix II
List of Topics in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Discussion of the Issues:
Comment 1: Adverse Facts Available
Comment 2: All-Others Rate
V. Recommendation
[FR Doc. 2016-26106 Filed 10-27-16; 8:45 am]
BILLING CODE 3510-DS-P
