Circular Welded Carbon-Quality Steel Pipe From Pakistan: Final Affirmative Countervailing Duty Determination, 75045-75047 [2016-26114]

Download as PDF 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 http:// 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 28OCN1 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 28OCN1 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 28OCN1

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]


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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 http://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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    \5\ See Preliminary Determination, 81 FR at 20621.
---------------------------------------------------------------------------

    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