Circular Welded Carbon-Quality Steel Pipe From Pakistan: Final Affirmative Countervailing Duty Determination, 75045-75047 [2016-26114]
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Federal Register / Vol. 81, No. 209 / Friday, October 28, 2016 / Notices
O.D. in inches
(nominal)
4.000 .................
4.500 .................
Wall
thickness
in inches
(nominal)
Gage
0.165
0.203
8
7
The scope of this investigation does not
include:
(a) Pipe suitable for use in boilers,
superheaters, heat exchangers, refining
furnaces and feedwater heaters, whether or
not cold drawn, which are defined by
standards such as ASTM A178 or ASTM
A192;
(b) finished electrical conduit, i.e.,
Electrical Rigid Steel Conduit (also known as
Electrical Rigid Metal Conduit and Electrical
Rigid Metal Steel Conduit), Finished
Electrical Metallic Tubing, and Electrical
Intermediate Metal Conduit, which are
defined by specifications such as American
National Standard (ANSI) C80.1–2005, ANSI
C80.3–2005, or ANSI C80.6–2005, and
Underwriters Laboratories Inc. (UL) UL–6,
UL–797, or UL–1242;
(c) finished scaffolding, i.e., component
parts of final, finished scaffolding that enter
the United States unassembled as a ‘‘kit.’’ A
kit is understood to mean a packaged
combination of component parts that
contains, at the time of importation, all of the
necessary component parts to fully assemble
final, finished scaffolding;
(d) tube and pipe hollows for redrawing;
(e) oil country tubular goods produced to
API specifications;
(f) line pipe produced to only API
specifications, such as API 5L, and not multistenciled; and
(g) mechanical tubing, whether or not colddrawn, other than what is included in the
above paragraphs.
The products subject to this investigation
are currently classifiable in Harmonized
Tariff Schedule of the United States (HTSUS)
statistical reporting numbers 7306.19.1010,
7306.19.1050, 7306.19.5110, 7306.19.5150,
7306.30.1000, 7306.30.5015, 7306.30.5020,
7306.30.5025, 7306.30.5032, 7306.30.5040,
7306.30.5055, 7306.30.5085, 7306.30.5090,
7306.50.1000, 7306.50.5030, 7306.50.5050,
and 7306.50.5070. The HTSUS subheadings
above are provided for convenience and U.S.
Customs purposes only. The written
description of the scope of the investigation
is dispositive.
mstockstill on DSK3G9T082PROD with NOTICES
Appendix II
List of Topics Discussed in the Final Issues
and Decision Memorandum
I. Summary
II. Background
III. Changes Since the Preliminary
Determination
IV. Use of Adverse Facts Available
V. Discussion of the Issues
General Issues
Comment 1: Financial Statements to Use
for Financial Ratios
Comment 2: Water Surrogate Value
Comment 3: Verification Findings
Company-Specific Issues
SeAH Issues
VerDate Sep<11>2014
18:12 Oct 27, 2016
Jkt 241001
Comment 4: Misreported U.S. Sales
Destinations
Comment 5: SeAH’s Sodium Hydroxide
and UniCoat Surrogate Values
Comment 6: Brokerage and Handling
Related to Hot-Rolled Coil Surrogate
Values
Comment 7: Cap on Freight Revenue
Comment 8: Surrogate Value for SeAH’s
Hot-Rolled Coils
Comment 9: Conversion of Surrogate Value
for Vietnamese Inland Freight
Comment 10: U.S. Credit Expenses
Comment 11: Differential Pricing Analysis
Hongyuan Issues
Comment 12: Hongyuan’s Hot-Rolled Strip
Value
Comment 13: U.S. Indirect Selling
Expenses
Comment 14: Treatment of Strengthening
Tubes Used For Packing
Comment 15: Record-keeping of
Hongyuan’s U.S. Affiliate
VI. Recommendation
[FR Doc. 2016–26112 Filed 10–27–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–535–904]
Circular Welded Carbon-Quality Steel
Pipe From Pakistan: Final Affirmative
Countervailing Duty Determination
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (the Department) determines
that countervailable subsidies are being
provided to exporters and producers of
circular welded carbon-quality steel
pipe (circular welded pipe) from
Pakistan. For information on the
estimated subsidy rates, see the
‘‘Suspension of Liquidation’’ section of
this notice.
DATES: Effective October 28, 2016.
FOR FURTHER INFORMATION CONTACT:
Kaitlin Wojnar, AD/CVD Operations,
Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–3857.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
The petitioners in this investigation
are Bull Moose Tube Company,
EXLTUBE, Wheatland Tube Company,
and Western Tube and Conduit
(collectively, Petitioners). In addition to
the Government of Pakistan (GOP), the
mandatory respondent in this
investigation is International Industries
PO 00000
Frm 00020
Fmt 4703
Sfmt 4703
75045
Limited (IIL). The period of
investigation (POI) is July 1, 2014,
through June 30, 2015.
The Department published its
Preliminary Determination on April 8,
2016.1 A complete summary of the
events that occurred since the
Preliminary Determination, as well as a
full discussion of the issues raised by
parties for this final determination, may
be found in the ‘‘Issues and Decision
Memorandum for the Final Affirmative
Determination in the Countervailing
Duty Investigation of Circular Welded
Carbon-Quality Steel Pipe from
Pakistan,’’ which is dated concurrently
with and hereby adopted by this
notice.2 The Issues and Decision
Memorandum is a public document and
is available electronically via
Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). Access to ACCESS is
available to registered users at https://
access.trade.gov and to all parties in the
Central Records Unit, room B8024 of the
Department’s main building. In
addition, a complete version of the
Issues and Decision Memorandum can
be viewed at https://
enforcement.trade.gov/frn. The signed
Issues and Decision Memorandum and
the electronic version are identical in
content.
Methodology
The Department conducted 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.3 For a
full description of the methodology
underlying our conclusions, see the
Issues and Decision Memorandum.
Scope of the Investigation
The product covered by this
investigation is circular welded pipe
from Pakistan. For a complete
1 See Circular Welded Carbon-Quality Steel Pipe
from Pakistan: Preliminary Affirmative
Countervailing Duty Determination and Alignment
of Final Countervailing Duty Determination with
Final Antidumping Duty Determination, 81 FR
20619 (April 8, 2016) (Preliminary Determination).
2 See Department Memorandum, ‘‘Issues and
Decision Memorandum for the Final Affirmative
Determination in the Countervailing Duty
Investigation of Circular Welded Carbon-Quality
Steel Pipe from Pakistan,’’ October 21, 2016 (Issues
and Decision Memorandum).
3 See section 771(5)(B) and (D) of the Act
regarding financial contribution, section 771(5)(E)
of the Act regarding benefit, and the section
771(5A) of the Act regarding specificity.
E:\FR\FM\28OCN1.SGM
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75046
Federal Register / Vol. 81, No. 209 / Friday, October 28, 2016 / Notices
description of the scope, see Appendix
I to this notice.
Analysis of Subsidy Programs and
Comments Received
Exporter/producer
All issues raised in the comments
filed by interested parties to this
proceeding are discussed in the Issues
and Decision Memorandum. A list of
the issues raised by IIL and responded
to by the Department in the Issues and
Decision Memorandum is attached at
Appendix II to this notice.
Use of Adverse Facts Available
For purposes of this final
determination, we have continued to
rely on facts available with adverse
inferences, in accordance with section
776(a)–(d) of the Act, to calculate the
subsidy rate for the mandatory
respondent. For this final
determination, we continue to find all
programs in this proceeding
countervailable. A full discussion of our
decision to rely on adverse facts
available is presented in the ‘‘Use of
Facts Otherwise Available and Adverse
Inferences’’ section of the Issues and
Decision Memorandum.
Final Determination
mstockstill on DSK3G9T082PROD with NOTICES
In accordance with section
705(c)(1)(B)(i)(I) of the Act, we have
calculated a subsidy rate for IIL, the
only individually investigated exporter/
producer of the subject merchandise.
Section 705(c)(5)(A)(ii) of the Act
provides that, if the countervailable
subsidy rates for all individually
investigated exporters and producers are
determined entirely in accordance with
section 776 of the Act, the Department
may use any reasonable method to
establish an ‘‘all-others’’ rate for
exporters and producers that were not
individually investigated. As described
above, IIL’s subsidy rate was calculated
entirely under section 776 of the Act.
Therefore, consistent with section
705(c)(5)(A)(ii) of the Act, we have
resorted to ‘‘any reasonable method’’ to
derive the all-others rate and are basing
the all-others rate on the rate calculated
for IIL. This method is consistent with
the Department’s past practice.4
4 See Preliminary Determination, 81 FR at 20620;
see also Grain-Oriented Electrical Steel from the
People’s Republic of China: Final Affirmative
Countervailing Duty Determination, 79 FR 59221,
59222 (October 1, 2014) (assigning the sole
mandatory respondent’s rate, which was based on
AFA, as the all-others rate); Circular Welded
Carbon-Quality Steel Pipe from India: Final
Affirmative Countervailing Duty Determination, 77
FR 64468, 64470 (October 22, 2012) (averaging two
total AFA respondents’ rates to determine the allothers rate).
VerDate Sep<11>2014
18:12 Oct 27, 2016
Jkt 241001
We determine the total estimated
countervailable subsidy rates to be as
follows:
International Industries Limited.
All-Others ..................
Net subsidy rate
64.81 percent.
64.81 percent.
Suspension of Liquidation
Pursuant to section 703(d) of the Act,
we instructed U.S. Customs and Border
Protection (CBP) to suspend liquidation
of all entries of circular welded pipe
from Pakistan, as described in the
‘‘Scope of the Investigation,’’ that were
entered or withdrawn from warehouse
for consumption on or after April 8,
2016, the date of publication of the
Preliminary Determination in the
Federal Register, and to require a cash
deposit for such entries of
merchandise.5 In accordance with
section 703(d) of the Act, we issued
instructions to CBP to discontinue the
suspension of liquidation for CVD
purposes in regard to subject
merchandise entered or withdrawn from
warehouse on or after August 6, 2016,
but to continue the suspension of
liquidation of all entries from April 8,
2016, through August 5, 2016.
If the U.S. International Trade
Commission (ITC) issues a final
affirmative injury determination, we
will reinstate the suspension of
liquidation under section 706(a) of the
Act, require a cash deposit of the
estimated CVD duties for such entries in
the amounts indicated above and issue
a CVD order. 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 all non-privileged and nonproprietary information related to this
investigation available to the ITC. We
will also allow the ITC to access all
privileged and business proprietary
information in our files, provided that
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.
5 See
PO 00000
Preliminary Determination, 81 FR at 20621.
Frm 00021
Fmt 4703
Sfmt 4703
Return or Destruction of Proprietary
Information
In the event that the ITC issues a final
negative injury determination, this
notice will serve as the only reminder
to parties such 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,
alternatively, conversion to judicial
protective order, is hereby requested.
Failure to comply with the regulations
and terms of an APO is a violation that
is subject to sanction.
This determination is published
pursuant to section 705(d) and 777(i) of
the Act.
Dated: October 21, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix I
Scope of the Investigation
This investigation covers welded carbonquality steel pipes and tube, of circular crosssection, with an outside diameter (O.D.) not
more than nominal 16 inches (406.4 mm),
regardless of wall thickness, surface finish
(e.g., black, galvanized, or painted), end
finish (plain end, beveled end, grooved,
threaded, or threaded and coupled), or
industry specification (e.g., American Society
for Testing and Materials International
(ASTM), proprietary, or other), generally
known as standard pipe, fence pipe and tube,
sprinkler pipe, and structural pipe (although
subject product may also be referred to as
mechanical tubing). Specifically, the term
‘‘carbon quality’’ includes products in which:
(a) Iron predominates, by weight, over each
of the other contained elements;
(b) the carbon content is 2 percent or less,
by weight; and
(c) none of the elements listed below
exceeds the quantity, by weight, as indicated:
(i) 1.80 percent of manganese;
(ii) 2.25 percent of silicon;
(iii) 1.00 percent of copper;
(iv) 0.50 percent of aluminum;
(v) 1.25 percent of chromium;
(vi) 0.30 percent of cobalt;
(vii) 0.40 percent of lead;
(viii) 1.25 percent of nickel;
(ix) 0.30 percent of tungsten;
(x) 0.15 percent of molybdenum;
(xi) 0.10 percent of niobium;
(xii) 0.41 percent of titanium;
(xiii) 0.15 percent of vanadium; or
(xiv) 0.15 percent of zirconium.
Covered products are generally made to
standard O.D. and wall thickness
combinations. Pipe multi-stenciled to a
standard and/or structural specification and
to other specifications, such as American
Petroleum Institute (API) API–5L
specification, may also be covered by the
scope of this investigation. In particular, such
multi-stenciled merchandise is covered when
E:\FR\FM\28OCN1.SGM
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Federal Register / Vol. 81, No. 209 / Friday, October 28, 2016 / Notices
it meets the physical description set forth
above, and also has one or more of the
following characteristics: Is 32 feet in length
or less; is less than 2.0 inches (50 mm) in
outside diameter; has a galvanized and/or
painted (e.g., polyester coated) surface finish;
or has a threaded and/or coupled end finish.
Standard pipe is ordinarily made to ASTM
specifications A53, A135, and A795, but can
also be made to other specifications.
Structural pipe is made primarily to ASTM
specifications A252 and A500. Standard and
structural pipe may also be produced to
proprietary specifications rather than to
industry specifications.
Sprinkler pipe is designed for sprinkler fire
suppression systems and may be made to
industry specifications such as ASTM A53 or
to proprietary specifications.
Fence tubing is included in the scope
regardless of certification to a specification
listed in the exclusions below, and can also
be made to the ASTM A513 specification.
Products that meet the physical description
set forth above but are made to the following
nominal outside diameter and wall thickness
combinations, which are recognized by the
industry as typical for fence tubing, are
included despite being certified to ASTM
mechanical tubing specifications:
O.D. in inches
(nominal)
mstockstill on DSK3G9T082PROD with NOTICES
1.315
1.315
1.315
1.315
1.315
1.315
1.315
1.660
1.660
1.660
1.660
1.660
1.900
1.900
1.900
1.900
1.900
1.900
2.375
2.375
2.375
2.375
2.375
2.375
2.375
2.875
2.875
3.500
3.500
4.000
4.000
4.500
.................
.................
.................
.................
.................
.................
.................
.................
.................
.................
.................
.................
.................
.................
.................
.................
.................
.................
.................
.................
.................
.................
.................
.................
.................
.................
.................
.................
.................
.................
.................
.................
Wall
thickness
in inches
(nominal)
Gage
0.035
0.047
0.055
0.065
0.072
0.083
0.095
0.055
0.065
0.083
0.095
0.109
0.047
0.055
0.065
0.072
0.095
0.109
0.047
0.055
0.065
0.072
0.095
0.109
0.120
0.109
0.165
0.109
0.165
0.148
0.165
0.203
20
18
17
16
15
14
13
17
16
14
13
12
18
17
16
15
13
12
18
17
16
15
13
12
11
12
8
12
8
9
8
7
The scope of this investigation does not
include:
(a) Pipe suitable for use in boilers,
superheaters, heat exchangers, refining
furnaces and feedwater heaters, whether or
not cold drawn, which are defined by
standards such as ASTM A178 or ASTM
A192;
VerDate Sep<11>2014
18:12 Oct 27, 2016
Jkt 241001
(b) finished electrical conduit, i.e.,
Electrical Rigid Steel Conduit (also known as
Electrical Rigid Metal Conduit and Electrical
Rigid Metal Steel Conduit), Finished
Electrical Metallic Tubing, and Electrical
Intermediate Metal Conduit, which are
defined by specifications such as American
National Standard (ANSI) C80.1–2005, ANSI
C80.3–2005, or ANSI C80.6–2005, and
Underwriters Laboratories Inc. (UL) UL–6,
UL–797, or UL–1242;
(c) finished scaffolding, i.e., component
parts of final, finished scaffolding that enter
the United States unassembled as a ‘‘kit.’’ A
kit is understood to mean a packaged
combination of component parts that
contains, at the time of importation, all of the
necessary component parts to fully assemble
final, finished scaffolding;
(d) tube and pipe hollows for redrawing;
(e) oil country tubular goods produced to
API specifications;
(f) line pipe produced to only API
specifications, such as API 5L, and not multistenciled; and
(g) mechanical tubing, whether or not colddrawn, other than what is included in the
above paragraphs.
The products subject to this investigation
are currently classifiable in Harmonized
Tariff Schedule of the United States (HTSUS)
statistical reporting numbers 7306.19.1010,
7306.19.1050, 7306.19.5110, 7306.19.5150,
7306.30.1000, 7306.30.5015, 7306.30.5020,
7306.30.5025, 7306.30.5032, 7306.30.5040,
7306.30.5055, 7306.30.5085, 7306.30.5090,
7306.50.1000, 7306.50.5030, 7306.50.5050,
and 7306.50.5070. The HTSUS subheadings
above are provided for convenience and U.S.
Customs purposes only. The written
description of the scope of the investigation
is dispositive.
Appendix II
Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Use of Facts Otherwise Available and
Adverse Inferences
VI. Discussion of the Issues
Issue 1: Non-Cooperation of IIL
Issue 2: Corroboration of Secondary
Information
VII. Conclusion
[FR Doc. 2016–26114 Filed 10–27–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
Board of Overseers of the Malcolm
Baldrige National Quality Award
National Institute of Standards
and Technology, Department of
Commerce.
AGENCY:
ACTION:
PO 00000
Notice of open meeting.
Frm 00022
Fmt 4703
Sfmt 4703
75047
The Board of Overseers of the
Malcolm Baldrige National Quality
Award (Board) will meet in open
session on Tuesday, December 6, 2016.
The purpose of this meeting is to review
and discuss the work of the private
sector contractor, which assists the
Director of the National Institute of
Standards and Technology (NIST) in
administering the Malcolm Baldrige
National Quality Award (Award), and
information received from NIST and
from the Chair of the Judges’ Panel of
the Malcolm Baldrige National Quality
Award in order to make such
suggestions for the improvement of the
Award process as the Board deems
necessary. Details on the agenda are
noted in the SUPPLEMENTARY
INFORMATION section of this notice.
DATES: The meeting will be held on
Tuesday, December 6, 2016, from 8:30
a.m. Eastern time until 3:00 p.m. Eastern
time. The meeting will be open to the
public.
ADDRESSES: The meeting will be held at
the National Institute of Standards and
Technology, 100 Bureau Drive, Building
101, Lecture Room A, Gaithersburg,
Maryland 20899. Please note admittance
instructions under the SUPPLEMENTARY
INFORMATION section of this notice.
FOR FURTHER INFORMATION CONTACT:
Robert Fangmeyer, Director, Baldrige
Performance Excellence Program,
National Institute of Standards and
Technology, 100 Bureau Drive, Mail
Stop 1020, Gaithersburg, Maryland
20899–1020, telephone number (301)
975–2360, or by email at
robert.fangmeyer@nist.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Authority: 15 U.S.C. 3711a(d)(2)(B) and
the Federal Advisory Committee Act, as
amended, 5 U.S.C. App.
Pursuant to the Federal Advisory
Committee Act, as amended, 5 U.S.C.
App., notice is hereby given that the
Board will meet in open session on
Tuesday, December 6, 2016, from 8:30
a.m. Eastern time until 3:00 p.m. Eastern
time. The Board is composed of eleven
members selected for their preeminence
in the field of organizational
performance excellence and appointed
by the Secretary of Commerce. The
Board consists of a balanced
representation from U.S. service,
manufacturing, nonprofit, education,
and health care industries. The Board
includes members familiar with the
quality improvement operations and
competitiveness issues of manufacturing
companies, service companies, small
businesses, health care providers, and
educational institutions. Members are
also chosen who have broad experience
E:\FR\FM\28OCN1.SGM
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]]>Agencies
[Federal Register Volume 81, Number 209 (Friday, October 28, 2016)]
[Notices]
[Pages 75045-75047]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26114]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-535-904]
Circular Welded Carbon-Quality Steel Pipe From Pakistan: Final
Affirmative Countervailing Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The U.S. Department of Commerce (the Department) determines
that countervailable subsidies are being provided to exporters and
producers of circular welded carbon-quality steel pipe (circular welded
pipe) from Pakistan. For information on the estimated subsidy rates,
see the ``Suspension of Liquidation'' section of this notice.
DATES: Effective October 28, 2016.
FOR FURTHER INFORMATION CONTACT: Kaitlin Wojnar, AD/CVD Operations,
Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3857.
SUPPLEMENTARY INFORMATION:
Background
The petitioners in this investigation are Bull Moose Tube Company,
EXLTUBE, Wheatland Tube Company, and Western Tube and Conduit
(collectively, Petitioners). In addition to the Government of Pakistan
(GOP), the mandatory respondent in this investigation is International
Industries Limited (IIL). The period of investigation (POI) is July 1,
2014, through June 30, 2015.
The Department published its Preliminary Determination on April 8,
2016.\1\ A complete summary of the events that occurred since the
Preliminary Determination, as well as a full discussion of the issues
raised by parties for this final determination, may be found in the
``Issues and Decision Memorandum for the Final Affirmative
Determination in the Countervailing Duty Investigation of Circular
Welded Carbon-Quality Steel Pipe from Pakistan,'' which is dated
concurrently with and hereby adopted by this notice.\2\ The Issues and
Decision Memorandum is a public document and is available
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
Access to ACCESS is available to registered users at https://access.trade.gov and to all parties in the Central Records Unit, room
B8024 of the Department's main building. In addition, a complete
version of the Issues and Decision Memorandum can be viewed at https://enforcement.trade.gov/frn. The signed Issues and Decision Memorandum
and the electronic version are identical in content.
---------------------------------------------------------------------------
\1\ See Circular Welded Carbon-Quality Steel Pipe from Pakistan:
Preliminary Affirmative Countervailing Duty Determination and
Alignment of Final Countervailing Duty Determination with Final
Antidumping Duty Determination, 81 FR 20619 (April 8, 2016)
(Preliminary Determination).
\2\ See Department Memorandum, ``Issues and Decision Memorandum
for the Final Affirmative Determination in the Countervailing Duty
Investigation of Circular Welded Carbon-Quality Steel Pipe from
Pakistan,'' October 21, 2016 (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Methodology
The Department conducted 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.\3\ For a full
description of the methodology underlying our conclusions, see the
Issues and Decision Memorandum.
---------------------------------------------------------------------------
\3\ See section 771(5)(B) and (D) of the Act regarding financial
contribution, section 771(5)(E) of the Act regarding benefit, and
the section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is circular welded pipe
from Pakistan. For a complete
[[Page 75046]]
description of the scope, see Appendix I to this notice.
Analysis of Subsidy Programs and Comments Received
All issues raised in the comments filed by interested parties to
this proceeding are discussed in the Issues and Decision Memorandum. A
list of the issues raised by IIL and responded to by the Department in
the Issues and Decision Memorandum is attached at Appendix II to this
notice.
Use of Adverse Facts Available
For purposes of this final determination, we have continued to rely
on facts available with adverse inferences, in accordance with section
776(a)-(d) of the Act, to calculate the subsidy rate for the mandatory
respondent. For this final determination, we continue to find all
programs in this proceeding countervailable. A full discussion of our
decision to rely on adverse facts available is presented in the ``Use
of Facts Otherwise Available and Adverse Inferences'' section of the
Issues and Decision Memorandum.
Final Determination
In accordance with section 705(c)(1)(B)(i)(I) of the Act, we have
calculated a subsidy rate for IIL, the only individually investigated
exporter/producer of the subject merchandise. Section 705(c)(5)(A)(ii)
of the Act provides that, if the countervailable subsidy rates for all
individually investigated exporters and producers are determined
entirely in accordance with section 776 of the Act, the Department may
use any reasonable method to establish an ``all-others'' rate for
exporters and producers that were not individually investigated. As
described above, IIL's subsidy rate was calculated entirely under
section 776 of the Act. Therefore, consistent with section
705(c)(5)(A)(ii) of the Act, we have resorted to ``any reasonable
method'' to derive the all-others rate and are basing the all-others
rate on the rate calculated for IIL. This method is consistent with the
Department's past practice.\4\
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\4\ See Preliminary Determination, 81 FR at 20620; see also
Grain-Oriented Electrical Steel from the People's Republic of China:
Final Affirmative Countervailing Duty Determination, 79 FR 59221,
59222 (October 1, 2014) (assigning the sole mandatory respondent's
rate, which was based on AFA, as the all-others rate); Circular
Welded Carbon-Quality Steel Pipe from India: Final Affirmative
Countervailing Duty Determination, 77 FR 64468, 64470 (October 22,
2012) (averaging two total AFA respondents' rates to determine the
all-others rate).
---------------------------------------------------------------------------
We determine the total estimated countervailable subsidy rates to
be as follows:
------------------------------------------------------------------------
Exporter/producer Net subsidy rate
------------------------------------------------------------------------
International Industries Limited.......... 64.81 percent.
All-Others................................ 64.81 percent.
------------------------------------------------------------------------
Suspension of Liquidation
Pursuant to section 703(d) of the Act, we instructed U.S. Customs
and Border Protection (CBP) to suspend liquidation of all entries of
circular welded pipe from Pakistan, as described in the ``Scope of the
Investigation,'' that were entered or withdrawn from warehouse for
consumption on or after April 8, 2016, the date of publication of the
Preliminary Determination in the Federal Register, and to require a
cash deposit for such entries of merchandise.\5\ In accordance with
section 703(d) of the Act, we issued instructions to CBP to discontinue
the suspension of liquidation for CVD purposes in regard to subject
merchandise entered or withdrawn from warehouse on or after August 6,
2016, but to continue the suspension of liquidation of all entries from
April 8, 2016, through August 5, 2016.
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\5\ See Preliminary Determination, 81 FR at 20621.
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If the U.S. International Trade Commission (ITC) issues a final
affirmative injury determination, we will reinstate the suspension of
liquidation under section 706(a) of the Act, require a cash deposit of
the estimated CVD duties for such entries in the amounts indicated
above and issue a CVD order. 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 all non-privileged
and non-proprietary information related to this investigation available
to the ITC. We will also allow the ITC to access all privileged and
business proprietary information in our files, provided that 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 that the ITC issues a final negative injury
determination, this notice will serve as the only reminder to parties
such 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, alternatively, conversion to judicial protective
order, is hereby requested. Failure to comply with the regulations and
terms of an APO is a violation that is subject to sanction.
This determination is published pursuant to section 705(d) and
777(i) of the Act.
Dated: October 21, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
This investigation covers welded carbon-quality steel pipes and
tube, of circular cross-section, with an outside diameter (O.D.) not
more than nominal 16 inches (406.4 mm), regardless of wall
thickness, surface finish (e.g., black, galvanized, or painted), end
finish (plain end, beveled end, grooved, threaded, or threaded and
coupled), or industry specification (e.g., American Society for
Testing and Materials International (ASTM), proprietary, or other),
generally known as standard pipe, fence pipe and tube, sprinkler
pipe, and structural pipe (although subject product may also be
referred to as mechanical tubing). Specifically, the term ``carbon
quality'' includes products in which:
(a) Iron predominates, by weight, over each of the other
contained elements;
(b) the carbon content is 2 percent or less, by weight; and
(c) none of the elements listed below exceeds the quantity, by
weight, as indicated:
(i) 1.80 percent of manganese;
(ii) 2.25 percent of silicon;
(iii) 1.00 percent of copper;
(iv) 0.50 percent of aluminum;
(v) 1.25 percent of chromium;
(vi) 0.30 percent of cobalt;
(vii) 0.40 percent of lead;
(viii) 1.25 percent of nickel;
(ix) 0.30 percent of tungsten;
(x) 0.15 percent of molybdenum;
(xi) 0.10 percent of niobium;
(xii) 0.41 percent of titanium;
(xiii) 0.15 percent of vanadium; or
(xiv) 0.15 percent of zirconium.
Covered products are generally made to standard O.D. and wall
thickness combinations. Pipe multi-stenciled to a standard and/or
structural specification and to other specifications, such as
American Petroleum Institute (API) API-5L specification, may also be
covered by the scope of this investigation. In particular, such
multi-stenciled merchandise is covered when
[[Page 75047]]
it meets the physical description set forth above, and also has one
or more of the following characteristics: Is 32 feet in length or
less; is less than 2.0 inches (50 mm) in outside diameter; has a
galvanized and/or painted (e.g., polyester coated) surface finish;
or has a threaded and/or coupled end finish.
Standard pipe is ordinarily made to ASTM specifications A53,
A135, and A795, but can also be made to other specifications.
Structural pipe is made primarily to ASTM specifications A252 and
A500. Standard and structural pipe may also be produced to
proprietary specifications rather than to industry specifications.
Sprinkler pipe is designed for sprinkler fire suppression
systems and may be made to industry specifications such as ASTM A53
or to proprietary specifications.
Fence tubing is included in the scope regardless of
certification to a specification listed in the exclusions below, and
can also be made to the ASTM A513 specification. Products that meet
the physical description set forth above but are made to the
following nominal outside diameter and wall thickness combinations,
which are recognized by the industry as typical for fence tubing,
are included despite being certified to ASTM mechanical tubing
specifications:
------------------------------------------------------------------------
Wall
thickness
O.D. in inches (nominal) in inches Gage
(nominal)
------------------------------------------------------------------------
1.315......................................... 0.035 20
1.315......................................... 0.047 18
1.315......................................... 0.055 17
1.315......................................... 0.065 16
1.315......................................... 0.072 15
1.315......................................... 0.083 14
1.315......................................... 0.095 13
1.660......................................... 0.055 17
1.660......................................... 0.065 16
1.660......................................... 0.083 14
1.660......................................... 0.095 13
1.660......................................... 0.109 12
1.900......................................... 0.047 18
1.900......................................... 0.055 17
1.900......................................... 0.065 16
1.900......................................... 0.072 15
1.900......................................... 0.095 13
1.900......................................... 0.109 12
2.375......................................... 0.047 18
2.375......................................... 0.055 17
2.375......................................... 0.065 16
2.375......................................... 0.072 15
2.375......................................... 0.095 13
2.375......................................... 0.109 12
2.375......................................... 0.120 11
2.875......................................... 0.109 12
2.875......................................... 0.165 8
3.500......................................... 0.109 12
3.500......................................... 0.165 8
4.000......................................... 0.148 9
4.000......................................... 0.165 8
4.500......................................... 0.203 7
------------------------------------------------------------------------
The scope of this investigation does not include:
(a) Pipe suitable for use in boilers, superheaters, heat
exchangers, refining furnaces and feedwater heaters, whether or not
cold drawn, which are defined by standards such as ASTM A178 or ASTM
A192;
(b) finished electrical conduit, i.e., Electrical Rigid Steel
Conduit (also known as Electrical Rigid Metal Conduit and Electrical
Rigid Metal Steel Conduit), Finished Electrical Metallic Tubing, and
Electrical Intermediate Metal Conduit, which are defined by
specifications such as American National Standard (ANSI) C80.1-2005,
ANSI C80.3-2005, or ANSI C80.6-2005, and Underwriters Laboratories
Inc. (UL) UL-6, UL-797, or UL-1242;
(c) finished scaffolding, i.e., component parts of final,
finished scaffolding that enter the United States unassembled as a
``kit.'' A kit is understood to mean a packaged combination of
component parts that contains, at the time of importation, all of
the necessary component parts to fully assemble final, finished
scaffolding;
(d) tube and pipe hollows for redrawing;
(e) oil country tubular goods produced to API specifications;
(f) line pipe produced to only API specifications, such as API
5L, and not multi-stenciled; and
(g) mechanical tubing, whether or not cold-drawn, other than
what is included in the above paragraphs.
The products subject to this investigation are currently
classifiable in Harmonized Tariff Schedule of the United States
(HTSUS) statistical reporting numbers 7306.19.1010, 7306.19.1050,
7306.19.5110, 7306.19.5150, 7306.30.1000, 7306.30.5015,
7306.30.5020, 7306.30.5025, 7306.30.5032, 7306.30.5040,
7306.30.5055, 7306.30.5085, 7306.30.5090, 7306.50.1000,
7306.50.5030, 7306.50.5050, and 7306.50.5070. The HTSUS subheadings
above are provided for convenience and U.S. Customs purposes only.
The written description of the scope of the investigation is
dispositive.
Appendix II
Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Use of Facts Otherwise Available and Adverse Inferences
VI. Discussion of the Issues
Issue 1: Non-Cooperation of IIL
Issue 2: Corroboration of Secondary Information
VII. Conclusion
[FR Doc. 2016-26114 Filed 10-27-16; 8:45 am]
BILLING CODE 3510-DS-P
