Welded Stainless Pressure Pipe From India: Antidumping Duty and Countervailing Duty Orders, 81062-81064 [2016-27846]
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81062
Federal Register / Vol. 81, No. 222 / Thursday, November 17, 2016 / Notices
included within the scope of an order
cannot be determined based solely upon
the application and the descriptions of
the merchandise. Accordingly, the
Department will notify by mail all
parties on the Department’s scope
service list of the initiation of these anticircumvention inquiries. In addition, in
accordance with 19 CFR 351.225(f)(1)(i)
and (ii), in this notice of initiation
issued under 19 CFR 351.225(e), we
have included a description of the
product that is the subject of these anticircumvention inquiries (i.e., CRS that
contains the characteristics as provided
in the scope of the Orders) and an
explanation of the reasons for the
Department’s decision to initiate an
anti-circumvention inquiry, as provided
above.
In accordance with 19 CFR
351.225(l)(2), if the Department issues a
preliminary affirmative determination,
we will then instruct U.S. Customs and
Border Protection to suspend
liquidation and require a cash deposit of
estimated antidumping and
countervailing duties, at the applicable
rate, for each unliquidated entry of the
merchandise at issue, entered or
withdrawn from warehouse for
consumption on or after the date of
initiation of the inquiry. The
Department will establish a schedule for
questionnaires and comments on the
issues. In accordance with section 781(f)
of the Act and 19 CFR 351.225(f)(5), the
Department intends to issue its final
determination within 300 days of the
date of publication of this initiation.
This notice is published in
accordance with 19 CFR 351.225(f).
Dated: November 4, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2016–27850 Filed 11–16–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–867, C–533–868]
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Welded Stainless Pressure Pipe From
India: Antidumping Duty and
Countervailing Duty Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the Department of
Commerce (‘‘Department’’) and the
International Trade Commission
(‘‘ITC’’), the Department is issuing
antidumping duty (‘‘AD’’) and
AGENCY:
VerDate Sep<11>2014
21:24 Nov 16, 2016
Jkt 241001
countervailing duty (‘‘CVD’’) orders on
welded stainless pressure pipe
(‘‘WSPP’’) from India.
DATES: Effective November 17, 2016.
FOR FURTHER INFORMATION CONTACT: Alex
Rosen at (202) 482–7814 or Mandy
Mallot at (202) 482–6430, AD/CVD
Operations, Office III, Enforcement and
Compliance, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 705(d)
and 735(d) of the Tariff Act of 1930, as
amended (‘‘Act’’), on September 29,
2016, the Department published its
affirmative final determination of sales
at less than fair value (‘‘LTFV’’) and its
affirmative final determination that
countervailable subsidies are being
provided to producers and exporters of
WSPP from India.1 On November 9,
2016, the ITC notified the Department of
its final affirmative determination that
an industry in the United States is
materially injured by reason of LTFV
imports and subsidized imports of
WSPP from India, within the meaning of
sections 735(b)(1)(A)(i) and
705(b)(1)(A)(i) of the Act.2
Scope of the Orders
The merchandise covered by these
orders is circular welded austenitic
stainless pressure pipe not greater than
14 inches in outside diameter. For
purposes of this scope, references to size
are in nominal inches and include all
products within tolerances allowed by
pipe specifications. This merchandise
includes, but is not limited to, the
American Society for Testing and
Materials (‘‘ASTM’’) A–312 or ASTM
A–778 specifications, or comparable
domestic or foreign specifications.
ASTM A–358 products are only
included when they are produced to
meet ASTM A–312 or ASTM A–778
specifications, or comparable domestic
or foreign specifications.
Excluded from the scope are: (1)
Welded stainless mechanical tubing,
1 See Welded Stainless Pressure Pipe from India:
Final Determination of Sales at Less Than Fair
Value, 81 FR 66921 (September 29, 2016) (‘‘AD
Final Determination’’). See also Countervailing
Duty Investigation of Welded Stainless Pressure
Pipe from India: Final Affirmative Determination,
81 FR 66925 (September 29, 2016) (‘‘CVD Final
Determination’’).
2 See Letter to Christian Marsh, Deputy Assistant
Secretary, from Irving Williamson, Chairman of the
U.S. International Trade Commission, regarding
antidumping and countervailing duty investigations
concerning imports of welded stainless pressure
pipe from India (Investigation Nos 701–TA–548 and
731–TA–1298), dated November 9, 2016 (‘‘ITC
Letter’’).
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
meeting ASTM A–554 or comparable
domestic or foreign specifications; (2)
boiler, heat exchanger, superheater,
refining furnace, feedwater heater, and
condenser tubing, meeting ASTM A–
249, ASTM A–688 or comparable
domestic or foreign specifications; and
(3) specialized tubing, meeting ASTM
A–269, ASTM A–270 or comparable
domestic or foreign specifications.
The subject imports are normally
classified in subheadings 7306.40.5005,
7306.40.5040, 7306.40.5062,
7306.40.5064, and 7306.40.5085 of the
Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’). They may
also enter under HTSUS subheadings
7306.40.1010, 7306.40.1015,
7306.40.5042, 7306.40.5044,
7306.40.5080, and 7306.40.5090. The
HTSUS subheadings are provided for
convenience and customs purposes
only; the written description of the
scope of these orders is dispositive.
Antidumping Duty Order
In accordance with sections
735(b)(1)(A)(i) and 735(d) of the Act, the
ITC has notified the Department of its
final determination that an industry in
the United States is materially injured
by reason of imports of WSPP that are
subsidized by the government of India
and sold in the United States at LTFV.
Therefore, in accordance with section
735(c)(2) of the Act, we are publishing
this antidumping duty order. Because
the ITC determined that imports of
WSPP from India are materially injuring
a U.S. industry, unliquidated entries of
such merchandise from India, entered or
withdrawn from warehouse for
consumption, are subject to the
assessment of antidumping duties.
In accordance with section 736(a)(1)
of the Act, the Department will direct
U.S. Customs and Border Protection
(‘‘CBP’’) to assess, upon further
instruction by the Department,
antidumping duties equal to the amount
by which the normal value of the
merchandise exceeds the export price
(or constructed export price) of the
merchandise, for all relevant entries of
WSPP from India. Antidumping duties
will be assessed on unliquidated entries
of WSPP from India entered, or
withdrawn from warehouse, for
consumption on or after May 10, 2016,
the date of publication of the AD
Preliminary Determination,3 but will
not include entries occurring after the
expiration of the provisional measures
period and before publication of the
3 See Welded Stainless Pressure Pipe from India:
Affirmative Preliminary Determination of Sales at
Less Than Fair Value and Postponement of Final
Determination, 81 FR 28824 (May 10, 2016) (‘‘AD
Preliminary Determination’’).
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81063
Federal Register / Vol. 81, No. 222 / Thursday, November 17, 2016 / Notices
ITC’s final injury determination, as
further described below.
Provisional Measures (AD)
Section 733(d) of the Act states that
instructions issued pursuant to an
affirmative preliminary determination
may not remain in effect for more than
four months, except where exporters
representing a significant proportion of
exports of the subject merchandise
request the Department to extend that
four-month period to no more than six
months. At the request of exporters that
account for a significant proportion of
WSPP from India, the Department
extended the four-month period to six
months.4 In the underlying
investigation, the Department published
the AD Preliminary Determination on
May 10, 2016.5 Therefore, the extended
period, beginning on the date of the
publication of the AD Preliminary
Determination, ended on November 5,
2016. Furthermore, section 737(b) of the
Act states that definitive duties are to
begin on the date of publication of the
ITC’s final injury determination.
Therefore, in accordance with section
733(d) of the Act and our practice,6 we
will instruct CBP to terminate the
suspension of liquidation and to
liquidate, without regard to
antidumping duties, unliquidated
entries of WSPP from India entered, or
withdrawn from warehouse, for
consumption after November 5, 2016,
until and through the day preceding the
date of publication of the ITC’s final
injury determination in the Federal
Register. Suspension of liquidation will
resume on the date of publication of the
ITC’s final determination in the Federal
Register.
Continuation of Suspension of
Liquidation (AD)
In accordance with section
735(c)(1)(B) of the Act, we will instruct
CBP to continue to suspend liquidation
on entries of subject merchandise from
India. These instructions suspending
liquidation will remain in effect until
further notice.
We will also instruct CBP to require
cash deposits equal to the amounts as
indicated below, except for Sunrise
Stainless Pvt. Ltd. and Sun Mark
Stainless Pvt. Ltd. (collectively,
‘‘Sunrise Group’’), which are adjusted
for certain countervailable subsidies,
where appropriate, as described below.7
Because Sunrise Group has an estimated
weighted-average final dumping margin
of zero, we are directing CBP to
terminate suspension of liquidation of
entries of WSPP produced and exported
by this entity. In addition, subject
merchandise produced and exported by
Sunrise Group will be excluded from
the antidumping duty order.
Accordingly, effective on the date of
publication of the ITC’s final affirmative
injury determination, CBP will require,
at the same time as importers would
normally deposit estimated duties on
this subject merchandise, a cash deposit
equal to the estimated duties on this
subject merchandise, a cash deposit
equal to the estimated weighted-average
dumping margins listed below. The ‘‘All
Others’’ rate applies to all exporters of
subject merchandise not specifically
listed. For the purpose of determining
cash deposit rates, the estimated
weighted-average dumping margins for
imports of subject merchandise have
been adjusted, as appropriate, for export
subsidies found in the final
determination of the companion
countervailing duty investigation of this
merchandise.8
Estimated Weighted-Average
Antidumping Duty Margin
The weighted-average antidumping
duty margin percentages are as follows:
Weightedaverage
margin
(%)
Exporter/producer
Steamline Industries Ltd ..........................................................................................................................................
All Others .................................................................................................................................................................
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Countervailing Duty Order
In accordance with sections
705(b)(1)(A)(i) and 705(d) of the Act, the
ITC notified the Department of its final
determination that the industry in the
United States producing WSPP is
materially injured by reason of
subsidized imports of WSPP from
India.9 Therefore, in accordance with
section 705(c)(2) and 706(a) of the Act,
we are publishing this countervailing
duty order.
Pursuant to section 706(a) of the Act,
the Department will direct CBP to
assess, upon further instruction by the
Department, countervailing duties on
unliquidated entries of WSPP entered,
4 Id.
5 Id.
6 See, e.g., Certain Corrosion-Resistant Steel
Products From India, Italy, the People’s Republic of
China, the Republic of Korea and Taiwan:
Amended Final Affirmative Antidumping
Determination for India and Taiwan, and
Antidumping Duty Orders, 81 FR 48390 (July 25,
2016).
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21:24 Nov 16, 2016
Jkt 241001
12.66
12.66
Cash-deposit
rate
(%)
10.17
8.35
or withdrawn from warehouse, for
consumption on or after March 11,
2016, the date on which the Department
published its affirmative preliminary
countervailing duty determination in
the Federal Register,10 and before July
9, 2016, the effective date on which the
Department instructed CBP to
discontinue the suspension of
liquidation in accordance with section
703(d) of the Act.11 Section 703(d) of the
Act states that the suspension of
liquidation pursuant to a preliminary
determination may not remain in effect
for more than four months. Therefore,
entries of WSPP made on or after July
9, 2016, and prior to the date of
publication of the ITC’s final
determination in the Federal Register
are not liable for the assessment of
countervailing duties, due to the
Department’s discontinuation, effective
July 9, 2016, of the suspension of
liquidation.
7 See AD Final Determination, 81 FR at 66922
(describing the adjustments to the AD margins in
more detail); see also sections 772(c)(1)(C) and
777A(f) of the Act, respectively. Unlike in
administrative reviews, the Department calculates
the adjustment for export subsidies in
investigations not in the margin calculation
program, but in the cash deposit instructions issued
to CBP. See, e.g., Notice of Final Determination of
Sales at Less Than Fair Value, and Negative
Determination of Critical Circumstances: Certain
Lined Paper Products from India, 71 FR 45012
(August 8, 2006), and accompanying Issues and
Decision Memorandum at Comment 1.
8 See CVD Final Determination.
9 See ITC Letter.
10 See CVD Preliminary Determination.
11 See CVD Final Determination.
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
Suspension of Liquidation (CVD)
In accordance with section 706 of the
Act, the Department will direct CBP to
reinstitute suspension of liquidation,
effective on the date of publication of
the ITC’s notice of final determination
in the Federal Register, and to assess,
upon further instruction by the
Department pursuant to section
706(a)(1) of the Act, countervailing
E:\FR\FM\17NON1.SGM
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Federal Register / Vol. 81, No. 222 / Thursday, November 17, 2016 / Notices
duties for each entry of the subject
merchandise in an amount based on the
net countervailable subsidy rates for the
subject merchandise. The Department
will also direct CBP to require a cash
deposit for each entry of subject
merchandise in an amount equal to the
net countervailable subsidy rates listed
below. The all-others rate applies to all
producers and exporters of subject
merchandise not specifically listed.
Exporter/producer
Subsidy
rate
(%)
DATES:
Effective November 17, 2016.
FOR FURTHER INFORMATION CONTACT:
Dena Crossland or Brian Davis, AD/CVD
Operations, Office VI, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–3362 or (202) 482–
7924, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 18, 2016, the Department
received a request from Salvi to initiate
Steamline Industries Limited ......
3.13 a changed circumstances review in
Sunrise Stainless Private Limorder for the Department to determine
ited/Sun Mark Stainless Pvt.
12 ..............
Ltd./Shah Foils Ltd.
6.22 that the glycine produced by Salvi is no
All-Others ....................................
4.65 longer processed from PRC-origin
glycine.1 Additionally, Salvi requests
that the Department determine that
Notification to Interested Parties
importers of glycine from Salvi are
This notice constitutes the AD and
eligible to participate in a certification
CVD orders with respect to WSPP from
process.2 Salvi refers to an antiIndia pursuant to sections 736(a) and
circumvention inquiry, where the
706(a) of the Act. Interested parties can
Department determined that Salvi was
find an updated list of orders currently
processing Chinese glycine, and that
in effect by either visiting https://
glycine processed in India of Chinese
enforcement.trade.gov/stats/
origin does not change country of origin,
iastats1.html or by contacting the
and, therefore, Salvi had circumvented
Department’s Central Records Unit,
the Order.3 As part of our
Room B8024 of the main Commerce
determination, we stated that Salvi
Building.
could not take part in a certification
These orders are published in
accordance with sections 706(a), 736(a), process, whereby Salvi’s importers
could certify that they had not imported
and 777(i) of the Act, and 19 CFR
Chinese-origin glycine and would not be
351.211(b).
subject to the antidumping duty rate for
Dated: November 14, 2016.
Chinese glycine.4 This certification
Paul Piquado,
process was established to ensure that
Assistant Secretary for Enforcement and
merchandise entering the United States
Compliance.
from India was properly identified as
[FR Doc. 2016–27846 Filed 11–16–16; 8:45 am]
subject or non-subject merchandise.
BILLING CODE 3510–DS–P
However, we also stated that Salvi could
request an administrative review or a
changed circumstances review to show
DEPARTMENT OF COMMERCE
that it is no longer processing PRCglycine and exporting such glycine from
International Trade Administration
[A–570–836]
Glycine From the People’s Republic of
China: Initiation of Antidumping Duty
Changed Circumstances Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to a request from
Salvi Chemical Industries Ltd. (Salvi),
the Department of Commerce (the
Department) is initiating a changed
circumstances review of the
antidumping duty order on glycine from
the People’s Republic of China (PRC).
asabaliauskas on DSK3SPTVN1PROD with NOTICES
AGENCY:
12 See CVD Preliminary Determination, in which
we determined that Sunrise Stainless Private
Limited, Sun Mark Stainless Pvt. Ltd., and Shah
Foils Ltd. are entitled to the same subsidy rate.
VerDate Sep<11>2014
21:24 Nov 16, 2016
Jkt 241001
1 See Letter to the Department of Commerce from
Salvi Chemical Industries Limited regarding
‘‘Glycine from the People’s Republic of China:
Request for Changed Circumstances Review,’’ dated
July 18, 2016.
2 Id.
3 See Glycine From the People’s Republic of
China: Final Partial Affirmative Determination of
Circumvention of the Antidumping Duty Order, 77
FR 73426 (December 10, 2012) (Circumvention
Notice) and accompanying Issues and Decision
Memorandum for the Final Determination of the
Anti-Circumvention Inquiry of the Antidumping
Duty Order on Glycine from the People’s Republic
of China. See also Antidumping Duty Order:
Glycine From the People’s Republic of China, 60 FR
16116 (March 29, 1995) (Order) and Final Scope
Ruling Concerning the Antidumping Duty Order on
Glycine from the People’s Republic of China,
Memorandum from Richard Weible to Gary
Taverman, dated December 3, 2012 (Final Scope
Ruling).
4 See Circumvention Notice and Final Scope
Ruling.
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
India.5 If the Department determined
that Salvi is no longer processing PRCorigin glycine, and instead is producing
glycine from raw materials of non-PRC
origin, the Department could allow the
importers of Salvi’s product to certify
that the glycine being produced and
exported is not processed PRC-origin
glycine.6
On July 26, 2016, the Department
received comments from domestic
interested party, GEO Specialty
Chemicals, Inc. (GEO), regarding Salvi’s
request.7 On August 29, 2016, we
extended the deadline to initiate until
October 17, 2016, in order to collect
information and legible exhibits from
Salvi, because it did not submit a
sufficient response, and to consider
interested parties’ comments.8 On
September 9, 2016, we issued a
questionnaire to Salvi, to which it
responded on September 26, 2016.9 On
October 6, 2016, GEO submitted
comments on Salvi’s questionnaire
response.10 On October 13, 2016, we
determined that we had a sufficient
request from Salvi and that the deadline
for initiating a changed circumstances
review should be November 10, 2016.11
On October 20, 2016, Salvi placed on
the record certain information issued by
the Department in the recently
completed 2014–2015 administrative
review under this antidumping duty
order.12 On October 27, 2016, GEO
5 See
Final Scope Ruling.
6 Id.
7 See Letter to the Department of Commerce from
GEO Specialty Chemicals, Inc. regarding ‘‘Glycine
from the People’s Republic of China: GEO’s
Opposition to Salvi’s Request for Changed
Circumstances Review,’’ dated July 26, 2016.
8 See Letter from the Department of Commerce to
Salvi Chemical Industries Limited regarding
‘‘Request for Changed Circumstances Review—
Glycine from the People’s Republic of China,’’
dated August 29, 2016.
9 See Letter from the Department of Commerce to
Salvi Chemical Industries Limited, dated September
9, 2016 and Letter to the Department of Commerce
from Salvi Chemical Industries Limited regarding
‘‘Glycine from the People’s Republic of China:
Changed Circumstances Review Response,’’ dated
September 26, 2016.
10 See Letter to the Department of Commerce from
GEO Specialty Chemicals, Inc. regarding ‘‘Glycine
from the People’s Republic of China: GEO’s
Comments Regarding Salvi’s September 26, 2016
Response to the Department September 9, 2016
Questionnaire,’’ dated October 6, 2016.
11 See Memorandum to The File from Dena
Crossland, International Trade Analyst, AD/CVD
Operations, Office VI, Enforcement and
Compliance, regarding ‘‘Antidumping Duty
Administrative Review of Glycine from the People’s
Republic of China’’ and on the subject of ‘‘Changed
Circumstances Review Deadline,’’ dated October 13,
2016.
12 See Letter to the Department of Commerce from
Salvi Chemical Industries Limited regarding
‘‘Glycine from the People’s Republic of China:
Changed Circumstances Review; Placing
Information from the 2014–2015 Administrative
E:\FR\FM\17NON1.SGM
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]]>Agencies
[Federal Register Volume 81, Number 222 (Thursday, November 17, 2016)]
[Notices]
[Pages 81062-81064]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27846]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-867, C-533-868]
Welded Stainless Pressure Pipe From India: Antidumping Duty and
Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (``Department'') and the International Trade Commission
(``ITC''), the Department is issuing antidumping duty (``AD'') and
countervailing duty (``CVD'') orders on welded stainless pressure pipe
(``WSPP'') from India.
DATES: Effective November 17, 2016.
FOR FURTHER INFORMATION CONTACT: Alex Rosen at (202) 482-7814 or Mandy
Mallot at (202) 482-6430, AD/CVD Operations, Office III, Enforcement
and Compliance, U.S. Department of Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 705(d) and 735(d) of the Tariff Act of
1930, as amended (``Act''), on September 29, 2016, the Department
published its affirmative final determination of sales at less than
fair value (``LTFV'') and its affirmative final determination that
countervailable subsidies are being provided to producers and exporters
of WSPP from India.\1\ On November 9, 2016, the ITC notified the
Department of its final affirmative determination that an industry in
the United States is materially injured by reason of LTFV imports and
subsidized imports of WSPP from India, within the meaning of sections
735(b)(1)(A)(i) and 705(b)(1)(A)(i) of the Act.\2\
---------------------------------------------------------------------------
\1\ See Welded Stainless Pressure Pipe from India: Final
Determination of Sales at Less Than Fair Value, 81 FR 66921
(September 29, 2016) (``AD Final Determination''). See also
Countervailing Duty Investigation of Welded Stainless Pressure Pipe
from India: Final Affirmative Determination, 81 FR 66925 (September
29, 2016) (``CVD Final Determination'').
\2\ See Letter to Christian Marsh, Deputy Assistant Secretary,
from Irving Williamson, Chairman of the U.S. International Trade
Commission, regarding antidumping and countervailing duty
investigations concerning imports of welded stainless pressure pipe
from India (Investigation Nos 701-TA-548 and 731-TA-1298), dated
November 9, 2016 (``ITC Letter'').
---------------------------------------------------------------------------
Scope of the Orders
The merchandise covered by these orders is circular welded
austenitic stainless pressure pipe not greater than 14 inches in
outside diameter. For purposes of this scope, references to size are in
nominal inches and include all products within tolerances allowed by
pipe specifications. This merchandise includes, but is not limited to,
the American Society for Testing and Materials (``ASTM'') A-312 or ASTM
A-778 specifications, or comparable domestic or foreign specifications.
ASTM A-358 products are only included when they are produced to meet
ASTM A-312 or ASTM A-778 specifications, or comparable domestic or
foreign specifications.
Excluded from the scope are: (1) Welded stainless mechanical
tubing, meeting ASTM A-554 or comparable domestic or foreign
specifications; (2) boiler, heat exchanger, superheater, refining
furnace, feedwater heater, and condenser tubing, meeting ASTM A-249,
ASTM A-688 or comparable domestic or foreign specifications; and (3)
specialized tubing, meeting ASTM A-269, ASTM A-270 or comparable
domestic or foreign specifications.
The subject imports are normally classified in subheadings
7306.40.5005, 7306.40.5040, 7306.40.5062, 7306.40.5064, and
7306.40.5085 of the Harmonized Tariff Schedule of the United States
(``HTSUS''). They may also enter under HTSUS subheadings 7306.40.1010,
7306.40.1015, 7306.40.5042, 7306.40.5044, 7306.40.5080, and
7306.40.5090. The HTSUS subheadings are provided for convenience and
customs purposes only; the written description of the scope of these
orders is dispositive.
Antidumping Duty Order
In accordance with sections 735(b)(1)(A)(i) and 735(d) of the Act,
the ITC has notified the Department of its final determination that an
industry in the United States is materially injured by reason of
imports of WSPP that are subsidized by the government of India and sold
in the United States at LTFV. Therefore, in accordance with section
735(c)(2) of the Act, we are publishing this antidumping duty order.
Because the ITC determined that imports of WSPP from India are
materially injuring a U.S. industry, unliquidated entries of such
merchandise from India, entered or withdrawn from warehouse for
consumption, are subject to the assessment of antidumping duties.
In accordance with section 736(a)(1) of the Act, the Department
will direct U.S. Customs and Border Protection (``CBP'') to assess,
upon further instruction by the Department, antidumping duties equal to
the amount by which the normal value of the merchandise exceeds the
export price (or constructed export price) of the merchandise, for all
relevant entries of WSPP from India. Antidumping duties will be
assessed on unliquidated entries of WSPP from India entered, or
withdrawn from warehouse, for consumption on or after May 10, 2016, the
date of publication of the AD Preliminary Determination,\3\ but will
not include entries occurring after the expiration of the provisional
measures period and before publication of the
[[Page 81063]]
ITC's final injury determination, as further described below.
---------------------------------------------------------------------------
\3\ See Welded Stainless Pressure Pipe from India: Affirmative
Preliminary Determination of Sales at Less Than Fair Value and
Postponement of Final Determination, 81 FR 28824 (May 10, 2016)
(``AD Preliminary Determination'').
---------------------------------------------------------------------------
Provisional Measures (AD)
Section 733(d) of the Act states that instructions issued pursuant
to an affirmative preliminary determination may not remain in effect
for more than four months, except where exporters representing a
significant proportion of exports of the subject merchandise request
the Department to extend that four-month period to no more than six
months. At the request of exporters that account for a significant
proportion of WSPP from India, the Department extended the four-month
period to six months.\4\ In the underlying investigation, the
Department published the AD Preliminary Determination on May 10,
2016.\5\ Therefore, the extended period, beginning on the date of the
publication of the AD Preliminary Determination, ended on November 5,
2016. Furthermore, section 737(b) of the Act states that definitive
duties are to begin on the date of publication of the ITC's final
injury determination.
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\4\ Id.
\5\ Id.
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Therefore, in accordance with section 733(d) of the Act and our
practice,\6\ we will instruct CBP to terminate the suspension of
liquidation and to liquidate, without regard to antidumping duties,
unliquidated entries of WSPP from India entered, or withdrawn from
warehouse, for consumption after November 5, 2016, until and through
the day preceding the date of publication of the ITC's final injury
determination in the Federal Register. Suspension of liquidation will
resume on the date of publication of the ITC's final determination in
the Federal Register.
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\6\ See, e.g., Certain Corrosion-Resistant Steel Products From
India, Italy, the People's Republic of China, the Republic of Korea
and Taiwan: Amended Final Affirmative Antidumping Determination for
India and Taiwan, and Antidumping Duty Orders, 81 FR 48390 (July 25,
2016).
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Continuation of Suspension of Liquidation (AD)
In accordance with section 735(c)(1)(B) of the Act, we will
instruct CBP to continue to suspend liquidation on entries of subject
merchandise from India. These instructions suspending liquidation will
remain in effect until further notice.
We will also instruct CBP to require cash deposits equal to the
amounts as indicated below, except for Sunrise Stainless Pvt. Ltd. and
Sun Mark Stainless Pvt. Ltd. (collectively, ``Sunrise Group''), which
are adjusted for certain countervailable subsidies, where appropriate,
as described below.\7\ Because Sunrise Group has an estimated weighted-
average final dumping margin of zero, we are directing CBP to terminate
suspension of liquidation of entries of WSPP produced and exported by
this entity. In addition, subject merchandise produced and exported by
Sunrise Group will be excluded from the antidumping duty order.
Accordingly, effective on the date of publication of the ITC's final
affirmative injury determination, CBP will require, at the same time as
importers would normally deposit estimated duties on this subject
merchandise, a cash deposit equal to the estimated duties on this
subject merchandise, a cash deposit equal to the estimated weighted-
average dumping margins listed below. The ``All Others'' rate applies
to all exporters of subject merchandise not specifically listed. For
the purpose of determining cash deposit rates, the estimated weighted-
average dumping margins for imports of subject merchandise have been
adjusted, as appropriate, for export subsidies found in the final
determination of the companion countervailing duty investigation of
this merchandise.\8\
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\7\ See AD Final Determination, 81 FR at 66922 (describing the
adjustments to the AD margins in more detail); see also sections
772(c)(1)(C) and 777A(f) of the Act, respectively. Unlike in
administrative reviews, the Department calculates the adjustment for
export subsidies in investigations not in the margin calculation
program, but in the cash deposit instructions issued to CBP. See,
e.g., Notice of Final Determination of Sales at Less Than Fair
Value, and Negative Determination of Critical Circumstances: Certain
Lined Paper Products from India, 71 FR 45012 (August 8, 2006), and
accompanying Issues and Decision Memorandum at Comment 1.
\8\ See CVD Final Determination.
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Estimated Weighted-Average Antidumping Duty Margin
The weighted-average antidumping duty margin percentages are as
follows:
------------------------------------------------------------------------
Weighted-
Exporter/producer average margin Cash-deposit
(%) rate (%)
------------------------------------------------------------------------
Steamline Industries Ltd................ 12.66 10.17
All Others.............................. 12.66 8.35
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Countervailing Duty Order
In accordance with sections 705(b)(1)(A)(i) and 705(d) of the Act,
the ITC notified the Department of its final determination that the
industry in the United States producing WSPP is materially injured by
reason of subsidized imports of WSPP from India.\9\ Therefore, in
accordance with section 705(c)(2) and 706(a) of the Act, we are
publishing this countervailing duty order.
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\9\ See ITC Letter.
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Pursuant to section 706(a) of the Act, the Department will direct
CBP to assess, upon further instruction by the Department,
countervailing duties on unliquidated entries of WSPP entered, or
withdrawn from warehouse, for consumption on or after March 11, 2016,
the date on which the Department published its affirmative preliminary
countervailing duty determination in the Federal Register,\10\ and
before July 9, 2016, the effective date on which the Department
instructed CBP to discontinue the suspension of liquidation in
accordance with section 703(d) of the Act.\11\ Section 703(d) of the
Act states that the suspension of liquidation pursuant to a preliminary
determination may not remain in effect for more than four months.
Therefore, entries of WSPP made on or after July 9, 2016, and prior to
the date of publication of the ITC's final determination in the Federal
Register are not liable for the assessment of countervailing duties,
due to the Department's discontinuation, effective July 9, 2016, of the
suspension of liquidation.
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\10\ See CVD Preliminary Determination.
\11\ See CVD Final Determination.
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Suspension of Liquidation (CVD)
In accordance with section 706 of the Act, the Department will
direct CBP to reinstitute suspension of liquidation, effective on the
date of publication of the ITC's notice of final determination in the
Federal Register, and to assess, upon further instruction by the
Department pursuant to section 706(a)(1) of the Act, countervailing
[[Page 81064]]
duties for each entry of the subject merchandise in an amount based on
the net countervailable subsidy rates for the subject merchandise. The
Department will also direct CBP to require a cash deposit for each
entry of subject merchandise in an amount equal to the net
countervailable subsidy rates listed below. The all-others rate applies
to all producers and exporters of subject merchandise not specifically
listed.
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\12\ See CVD Preliminary Determination, in which we determined
that Sunrise Stainless Private Limited, Sun Mark Stainless Pvt.
Ltd., and Shah Foils Ltd. are entitled to the same subsidy rate.
------------------------------------------------------------------------
Subsidy
Exporter/producer rate (%)
------------------------------------------------------------------------
Steamline Industries Limited................................ 3.13
Sunrise Stainless Private Limited/Sun Mark Stainless Pvt. 6.22
Ltd./Shah Foils Ltd.\12\...................................
All-Others.................................................. 4.65
------------------------------------------------------------------------
Notification to Interested Parties
This notice constitutes the AD and CVD orders with respect to WSPP
from India pursuant to sections 736(a) and 706(a) of the Act.
Interested parties can find an updated list of orders currently in
effect by either visiting https://enforcement.trade.gov/stats/iastats1.html or by contacting the Department's Central Records Unit,
Room B8024 of the main Commerce Building.
These orders are published in accordance with sections 706(a),
736(a), and 777(i) of the Act, and 19 CFR 351.211(b).
Dated: November 14, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-27846 Filed 11-16-16; 8:45 am]
BILLING CODE 3510-DS-P
