Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel From India and the People's Republic of China: Initiation of Countervailing Duty Investigations, 22486-22490 [2017-09869]
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Federal Register / Vol. 82, No. 93 / Tuesday, May 16, 2017 / Notices
Department will instruct CBP
accordingly.
Notification to Interested Parties
This notice is issued and published in
accordance with sections 516A(e)(1),
751(a)(1), and 777(i)(1) of the Act.
Dated: May 10, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2017–09871 Filed 5–15–17; 8:45 a.m.]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–874; C–570–059]
Certain Cold-Drawn Mechanical Tubing
of Carbon and Alloy Steel From India
and the People’s Republic of China:
Initiation of Countervailing Duty
Investigations
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Effective May 9, 2017.
FOR FURTHER INFORMATION CONTACT: Elfie
Blum at (202) 482–0197 (India); Yasmin
Bordas at (202) 482–3813 (the People’s
Republic of China), AD/CVD
Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
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AGENCY:
The Petitions
On April 19, 2017, the U.S.
Department of Commerce (the
Department) received countervailing
duty (CVD) Petitions concerning
imports of certain cold-drawn
mechanical tubing of carbon and alloy
steel (cold-drawn mechanical tubing)
from India and the People’s Republic of
China (the PRC), filed in proper form on
behalf of ArcelorMittal Tubular
Products; Michigan Seamless Tube,
LLC; PTC Alliance Corp.; Webco
Industries, Inc.; and Zekelman
Industries, Inc. (collectively, the
petitioners). The CVD Petitions were
accompanied by antidumping duty (AD)
Petitions concerning imports of colddrawn mechanical tubing from each of
the above countries, in addition to Italy,
Switzerland, the Federal Republic of
Germany, and the Republic of Korea.1
1 See ‘‘Certain Cold-Drawn Mechanical Tubing Of
Carbon And Alloy Steel from the People’s Republic
Of China, the Federal Republic of Germany, India,
Italy, the Republic of Korea, and Switzerland—
Petitions for the Imposition of Antidumping and
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The petitioners are domestic producers
of cold-drawn mechanical tubing.2
On April 24, 2017, the Department
requested supplemental information
pertaining to certain areas of the
Petitions.3 The petitioners filed
responses to these requests on April 28,
2017.4
In accordance with section 702(b)(1)
of the Tariff Act of 1930, as amended
(the Act), the petitioners allege that the
Governments of India (GOI) and the PRC
(GOC) are providing countervailable
subsidies, within the meaning of
sections 701 and 771(5) of the Act, to
imports of cold-drawn mechanical
tubing from India and the PRC,
respectively, and that such imports are
materially injuring the domestic
industry producing cold-drawn
mechanical tubing in the United States.
Also, consistent with section 702(b)(1)
of the Act, for those alleged programs on
which we are initiating a CVD
investigation, the Petitions are
accompanied by information reasonably
available to the petitioners supporting
their allegations.
The Department finds that the
petitioners filed these Petitions on
behalf of the domestic industry because
the petitioners are interested parties as
defined in section 771(9)(C) of the Act.
The Department also finds that the
petitioners demonstrated sufficient
Countervailing Duties,’’ dated April 19, 2017 (the
Petitions).
2 Id., Volume I of the Petitions, at 2.
3 See Letter from the Department, ‘‘Petition for the
Imposition of Countervailing Duties on Imports of
Certain Cold-Drawn Mechanical Tubing of Carbon
and Alloy Steel from India: Supplemental
Questions,’’ dated April 24, 2017 (India CVD
Supplemental Questionnaire); see also Letter from
the Department, ‘‘Petitions for the Imposition of
Antidumping and Countervailing Duties on Imports
of Certain Cold-Drawn Mechanical Tubing of
Carbon and Alloy Steel from the People’s Republic
of China, the Federal Republic of Germany, India,
Italy, the Republic of Korea, and Switzerland:
Supplemental Questions,’’ dated April 24, 2017
(General Issues Supplemental Questionnaire); see
also Letter from the Department ‘‘Petition for the
Imposition of Countervailing Duties on Imports of
Certain Cold-Drawn Mechanical Tubing of Carbon
and Alloy Steel from the PRC: Supplemental
Questions,’’ dated April 24, 2017 (PRC CVD
Supplemental Questionnaire).
4 See Letter from the petitioners, ‘‘Certain ColdDrawn Mechanical Tubing of Carbon and Alloy
Steel from India—Petitioners’ Response to
Supplemental Questionnaire Concerning
Countervailing Duty Petition,’’ dated April 28, 2017
(India CVD Supplement); see also Letter from the
petitioners, ‘‘Certain Cold-Drawn Mechanical
Tubing of Carbon and Alloy Steel from India—
Petitioners’ Amendment to Volume I Relating to
General Issues,’’ dated April 28, 2017 (General
Issues Supplement); see also Letter from
Petitioners, ‘‘Certain Cold-Drawn Mechanical
Tubing of Carbon and Alloy Steel from the People’s
Republic of China—Petitioners’ Response to
Supplemental Questionnaire Concerning
Countervailing Duty Petition,’’ dated April 28, 2017
(PRC CVD Supplement).
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industry support with respect to the
initiation of the CVD investigations that
the petitioners are requesting.5
Periods of Investigation
Because the Petitions were filed on
April 19, 2017, the period of
investigation is January 1, 2016, through
December 31, 2016.
Scope of the Investigations
The product covered by these
investigations is cold-drawn mechanical
tubing from India and the PRC. For a
full description of the scope of these
investigations, see the ‘‘Scope of the
Investigations,’’ in Appendix I of this
notice.
Comments on Scope of the
Investigations
During our review of the Petitions, the
Department issued questions to, and
received responses from, the petitioners
pertaining to the proposed scope to
ensure that the scope language in the
Petitions would be an accurate
reflection of the products for which the
domestic industry is seeking relief.6
As discussed in the preamble to the
Department’s regulations, we are setting
aside a period for interested parties to
raise issues regarding product coverage
(scope).7 The Department will consider
all comments received from interested
parties and, if necessary, will consult
with the interested parties prior to the
issuance of the preliminary
determinations. If scope comments
include factual information (see 19 CFR
351.102(b)(21)) all such factual
information should be limited to public
information. To facilitate preparation of
its questionnaires, the Department
requests all interested parties to submit
such comments by 5:00 p.m. Eastern
Time (ET) on Tuesday, May 30, 2017,
which is 20 calendar days from the
signature date of this notice.8 Any
rebuttal comments, which may include
factual information, must be filed by
5:00 p.m. ET on Thursday, June 8, 2017,
which is 10 calendar days from the
initial comments deadline.9
The Department requests that any
factual information the parties consider
relevant to the scope of the
investigations be submitted during this
time period. However, if a party
5 See ‘‘Determination of Industry Support for the
Petition’’ section, below.
6 See General Issues Supplemental Questionnaire;
see also General Issues Supplement.
7 See Antidumping Duties; Countervailing Duties;
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
8 The twenty-day deadline falls on May 29, 2017,
a federal holiday; accordingly, our due date will be
on the next business day.
9 See 19 CFR 351.303(b).
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subsequently finds that additional
factual information pertaining to the
scope of the investigations may be
relevant, the party may contact the
Department and request permission to
submit the additional information. All
such comments must be filed on the
records of each of the concurrent AD
and CVD investigations.
Filing Requirements
All submissions to the Department
must be filed electronically using
Enforcement and Compliance’s
Antidumping Duty and Countervailing
Duty Centralized Electronic Service
System (ACCESS).10 An electronicallyfiled document must be received
successfully in its entirety by the time
and date it is due. Documents exempted
from the electronic submission
requirements must be filed manually
(i.e., in paper form) with Enforcement
and Compliance’s APO/Dockets Unit,
Room 18022, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230, and
stamped with the date and time of
receipt by the applicable deadlines.
Consultations
Pursuant to sections 702(b)(4)(A)(i)
and (ii) of the Act, the Department
notified representatives of the GOI and
the GOC of the receipt of the Petitions,
and provided representatives of the GOI
and the GOC the opportunity for
consultations with respect to the CVD
Petitions. Consultations with the GOC
were held via conference call on May 5,
2017, and consultations with the GOI
were held at the Department’s main
building on May 9, 2017.11
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Determination of Industry Support for
the Petitions
Section 702(b)(1) of the Act requires
that a petition be filed on behalf of the
10 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011), see also Enforcement and
Compliance: Change of Electronic Filing System
Name, 79 FR 69046 (November 20, 2014) for details
of the Department’s electronic filing requirements,
which went into effect on August 5, 2011.
Information on help using ACCESS can be found at
https://access.trade.gov/help.aspx, and a handbook
can be found at https://access.trade.gov/help/
Handbook%20on%20Electronic%20Filling%
20Procedures.pdf.
11 See Memorandum to the File regarding ‘‘ExParte Meeting with Officials from the Government
of the People’s Republic of China on the
Countervailing Duty Petition on Certain ColdDrawn Mechanical Tubing of Carbon and Alloy
Steel from the People’s Republic of China,’’ dated
May 5, 2017. See also Memorandum to the File
regarding ‘‘Ex-Parte Meeting with Officials from the
Government of India on the Countervailing Duty
Petition on Certain Cold-Drawn Mechanical Tubing
of Carbon and Alloy Steel from India,’’ dated May
9, 2017.
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domestic industry. Section 702(c)(4)(A)
of the Act provides that a petition meets
this requirement if the domestic
producers or workers who support the
petition account for: (i) At least 25
percent of the total production of the
domestic like product; and (ii) more
than 50 percent of the production of the
domestic like product produced by that
portion of the industry expressing
support for, or opposition to, the
petition. Moreover, section 702(c)(4)(D)
of the Act provides that, if the petition
does not establish support of domestic
producers or workers accounting for
more than 50 percent of the total
production of the domestic like product,
the Department shall: (i) Poll the
industry or rely on other information in
order to determine if there is support for
the petition, as required by
subparagraph (A); or (ii) determine
industry support using a statistically
valid sampling method to poll the
‘‘industry.’’
Section 771(4)(A) of the Act defines
the ‘‘industry’’ as the producers as a
whole of a domestic like product. Thus,
to determine whether a petition has the
requisite industry support, the statute
directs the Department to look to
producers and workers who produce the
domestic like product. The International
Trade Commission (ITC), which is
responsible for determining whether
‘‘the domestic industry’’ has been
injured, must also determine what
constitutes a domestic like product in
order to define the industry. While both
the Department and the ITC must apply
the same statutory definition regarding
the domestic like product,12 they do so
for different purposes and pursuant to a
separate and distinct authority. In
addition, the Department’s
determination is subject to limitations of
time and information. Although this
may result in different definitions of the
like product, such differences do not
render the decision of either agency
contrary to law.13
Section 771(10) of the Act defines the
domestic like product as ‘‘a product
which is like, or in the absence of like,
most similar in characteristics and uses
with, the article subject to an
investigation under this title.’’ Thus, the
reference point from which the
domestic like product analysis begins is
‘‘the article subject to an investigation’’
(i.e., the class or kind of merchandise to
be investigated, which normally will be
the scope as defined in the Petitions).
12 See
section 771(10) of the Act.
USEC, Inc. v. United States, 132 F. Supp.
2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd.
v. United States, 688 F. Supp. 639, 644 (CIT 1988),
aff’d 865 F.2d 240 (Fed. Cir. 1989)).
13 See
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22487
With regard to the domestic like
product, the petitioners do not offer a
definition of the domestic like product
distinct from the scope of the
investigations. Based on our analysis of
the information submitted on the
record, we have determined that colddrawn mechanical tubing, as defined in
the scope, constitutes a single domestic
like product and we have analyzed
industry support in terms of that
domestic like product.14
In determining whether the
petitioners have standing under section
702(c)(4)(A) of the Act, we considered
the industry support data contained in
the Petitions with reference to the
domestic like product as defined in the
‘‘Scope of the Investigations,’’ in
Appendix I of this notice. The
petitioners provided 2016 production or
U.S. shipments of the domestic like
product for all supporters of the
Petitions, and compared this to the
estimated total production of the
domestic like product for the entire
domestic industry.15 We relied on data
the petitioners provided for purposes of
measuring industry support.16
Our review of the data provided in the
Petitions, General Issues Supplement,
and other information readily available
to the Department indicates that the
petitioners have established industry
support for the Petitions.17 First, the
Petitions established support from
domestic producers (or workers)
accounting for more than 50 percent of
the total production of the domestic like
product and, as such, the Department is
not required to take further action in
order to evaluate industry support (e.g.,
14 For a discussion of the domestic like product
analysis in these cases, see Countervailing Duty
Investigation Initiation Checklist: Certain ColdDrawn Mechanical Tubing of Carbon and Alloy
Steel from the People’s Republic of China (PRC
CVD Initiation Checklist), at Attachment II,
Analysis of Industry Support for the Antidumping
and Countervailing Duty Petitions Covering Certain
Cold-Drawn Mechanical Tubing of Carbon and
Alloy Steel from the People’s Republic of China, the
Federal Republic of Germany, India, Italy, the
Republic of Korea, and Switzerland (Attachment II);
and Countervailing Duty Investigation Initiation
Checklist: Certain Cold-Drawn Mechanical Tubing
of Carbon and Alloy Steel from India (India CVD
Initiation Checklist), at Attachment II. These
checklists are dated concurrently with this notice
and on file electronically via ACCESS. Access to
documents filed via ACCESS is also available in the
Central Records Unit, Room B8024 of the main
Department of Commerce building.
15 See Volume I of the Petitions, at 2–3 and
Exhibits GEN–3—GEN–5; see also General Issues
Supplement, at 6–8 and Exhibits GEN–SUPP–3 and
GEN–SUPP–4.
16 Id. For further discussion, see PRC CVD
Initiation Checklist and India CVD Initiation
Checklist, at Attachment II.
17 See PRC CVD Initiation Checklist and India
CVD Initiation Checklist, at Attachment II.
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polling).18 Second, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 702(c)(4)(A)(i) of the Act
because the domestic producers (or
workers) who support the Petitions
account for at least 25 percent of the
total production of the domestic like
product.19 Finally, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 702(c)(4)(A)(ii) of the Act
because the domestic producers (or
workers) who support the Petitions
account for more than 50 percent of the
production of the domestic like product
produced by that portion of the industry
expressing support for, or opposition to,
the Petitions.20 Accordingly, the
Department determines that the
Petitions were filed on behalf of the
domestic industry within the meaning
of section 702(b)(1) of the Act.
The Department finds that the
petitioners filed the Petitions on behalf
of the domestic industry because they
are interested parties as defined in
section 771(9)(C) of the Act and they
have demonstrated sufficient industry
support with respect to the CVD
investigations that they are requesting
that the Department initiate.21
Injury Test
Because India and the PRC are
‘‘Subsidies Agreement Countries’’
within the meaning of section 701(b) of
the Act, section 701(a)(2) of the Act
applies to these investigations.
Accordingly, the ITC must determine
whether imports of the subject
merchandise from India and the PRC
materially injure, or threaten material
injury to, a U.S. industry.
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Allegations and Evidence of Material
Injury and Causation
The petitioners allege that imports of
the subject merchandise are benefitting
from countervailable subsidies and that
such imports are causing, or threaten to
cause, material injury to the U.S.
industry producing the domestic like
product. In addition, the petitioners
allege that subject imports exceed the
negligibility threshold provided for
under section 771(24)(A) of the Act.22 In
CVD petitions, section 771(24)(B) of the
Act provides that imports of subject
18 See section 702(c)(4)(D) of the Act; see also
PRC CVD Initiation Checklist and India CVD
Initiation Checklist, at Attachment II.
19 See PRC CVD Initiation Checklist and India
CVD Initiation Checklist, at Attachment II.
20 Id.
21 Id.
22 See Volume I of the Petitions, at 15–16; see also
General Issues Supplement, at 9 and Exhibit GEN–
SUPP–5.
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merchandise from developing and least
developed countries must exceed the
negligibility threshold of four percent.
The petitioners also demonstrate that
subject imports from India, which has
been designated as a least developed
country under section 771(36)(B) of the
Act, exceed the negligibility threshold
of four percent.23
The petitioners contend that the
industry’s injured condition is
illustrated by reduced market share;
underselling and price suppression or
depression; lost sales and revenues;
decreased production, capacity
utilization, and U.S. shipments;
declines in employment of productionrelated workers, wages paid, and hours
worked; and declines in financial
performance.24 We have assessed the
allegations and supporting evidence
regarding material injury, threat of
material injury, and causation, and we
have determined that these allegations
are properly supported by adequate
evidence, and meet the statutory
requirements for initiation.25
Initiation of CVD Investigations
Based on the examination of the CVD
Petitions, we find that the Petitions
meet the requirements of section 702 of
the Act. Therefore we are initiating CVD
investigations to determine whether
imports of cold-drawn mechanical
tubing from the PRC and India benefit
from countervailable subsidies
conferred by the governments of these
countries. In accordance with section
703(b)(1) of the Act and 19 CFR
351.205(b)(1), unless postponed, we will
make our preliminary determination no
later than 65 days after the date of this
initiation.
Under the Trade Preferences
Extension Act of 2015, numerous
amendments to the AD and CVD laws
were made.26 The 2015 law does not
specify dates of application for those
amendments. On August 6, 2015, the
Department published an interpretative
rule, in which it announced the
applicability dates for each amendment
to the Act, except for amendments
contained in section 771(7) of the Act,
23 Id.
24 Id., at 12–30 and Exhibits GEN–3, GEN–12 and
GEN–14—GEN–17.
25 See PRC CVD Initiation Checklist, at
Attachment III, Analysis of Allegations and
Evidence of Material Injury and Causation for the
Antidumping and Countervailing Duty Petitions
Covering Certain Cold-Drawn Mechanical Tubing of
Carbon and Alloy Steel from the People’s Republic
of China, the Federal Republic of Germany, India,
Italy, the Republic of Korea, and Switzerland
(Attachment III); and India CVD Initiation
Checklist, at Attachment III.
26 See Trade Preferences Extension Act of 2015,
Public Law 114–27, 129 Stat. 362 (2015).
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which relate to determinations of
material injury by the ITC.27 The
amendments to sections 776 and 782 of
the Act are applicable to all
determinations made on or after August
6, 2015, and, therefore, apply to these
CVD investigations.28
India
Based on our review of the Petition,
we find that there is sufficient
information to initiate a CVD
investigation on all of the 32 alleged
programs. For a full discussion of the
basis for our decision to initiate on each
program, see the India CVD Initiation
Checklist.
The PRC
Based on our review of the Petition,
we find that there is sufficient
information to initiate a CVD
investigation on all of the 34 alleged
programs. For a full discussion of the
basis for our decision to initiate on each
program, see the PRC CVD Initiation
Checklist.
A public version of the initiation
checklist for each investigation is
available on ACCESS.
In accordance with section 703(b)(1)
of the Act and 19 CFR 351.205(b)(1),
unless postponed, we will make our
preliminary determination no later than
65 days after the date of this initiation.
Respondent Selection
The petitioners named 39 companies
as producers/exporters of cold-drawn
mechanical tubing in India and 91 in
the PRC.29 Following standard practice
in CVD investigations, the Department
will, where appropriate, select
respondents based on U.S. Customs and
Border Protection (CBP) data for U.S.
imports of cold-drawn mechanical
tubing during the POI under the
appropriate Harmonized Tariff Schedule
of the United States subheadings. We
intend to release CBP data under
Administrative Protective Order (APO)
to all parties with access to information
protected by APO within five business
days of the announcement of the
initiation of this investigation.
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305(b).
Instructions for filing such applications
27 See Dates of Application of Amendments to the
Antidumping and Countervailing Duty Laws Made
by the Trade Preferences Extension Act of 2015, 80
FR 46793 (August 6, 2015) (Applicability Notice).
The 2015 amendments may be found at https://
www.congress.gov/bill/114th-congress/house-bill/
1295/text/pl.
28 See Applicability Notice, 80 FR at 46794–95.
29 See Petition, Volume I at Exhibit I–7.
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may be found on the Department’s Web
site at https://enforcement.trade.gov/apo.
Interested parties may submit
comments regarding the CBP data and
respondent selection by 5:00 p.m. ET on
the seventh calendar day after
publication of this notice. Interested
pParties wishing to submit rebuttal
comments should submit those
comments five calendar days after the
deadline for initial comments.
Comments must be filed
electronically using ACCESS. An
electronically-filed document must be
received successfully, in its entirety, by
ACCESS no later than 5:00 p.m. ET on
the date noted above. If respondent
selection is necessary, within 20 days of
publication of this notice, we intend to
make our decisions regarding
respondent selection based upon
comments received from interested
parties and our analysis of the record
information.
Distribution of Copies of the Petitions
In accordance with section
702(b)(4)(A)(i) of the Act and 19 CFR
351.202(f), copies of the public version
of the Petitions have been provided to
the GOI and GOC via ACCESS. To the
extent practicable, we will attempt to
provide a copy of the public version of
the Petitions to each exporter named in
the Petitions, as provided under 19 CFR
351.203(c)(2).
ITC Notification
We will notify the ITC of our
initiation, as required by section 702(d)
of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine,
within 45 days after the date on which
the Petitions were filed, whether there
is a reasonable indication that imports
of cold-drawn mechanical tubing from
India and the PRC are materially
injuring, or threatening material injury
to, a U.S. industry.30 A negative ITC
determination will result in the
investigations being terminated.31
Otherwise, these investigations will
proceed according to statutory and
regulatory time limits.
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Submission of Factual Information
Factual information is defined in 19
CFR 351.102(b)(21) as: (i) Evidence
submitted in response to questionnaires;
(ii) evidence submitted in support of
allegations; (iii) publicly available
information to value factors under 19
CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR
351.511(a)(2); (iv) evidence placed on
the record by the Department; and (v)
evidence other than factual information
described in (i)–(iv). 19 CFR 351.301(b)
requires any party, when submitting
factual information, to specify under
which subsection of 19 CFR
351.102(b)(21) the information is being
submitted 32 and, if the information is
submitted to rebut, clarify, or correct
factual information already on the
record, to provide an explanation
identifying the information already on
the record that the factual information
seeks to rebut, clarify, or correct.33 Time
limits for the submission of factual
information are addressed in 19 CFR
351.301, which provides specific time
limits based on the type of factual
information being submitted. Interested
parties should review the regulations
prior to submitting factual information
in these investigations.
Extensions of Time Limits
Parties may request an extension of
time limits before the expiration of a
time limit established under 19 CFR
351.301, or as otherwise specified by the
Secretary. In general, an extension
request will be considered untimely if it
is filed after the expiration of the time
limit established under 19 CFR 351.301
expires. For submissions that are due
from multiple parties simultaneously,
an extension request will be considered
untimely if it is filed after 10:00 a.m. ET
on the due date. Under certain
circumstances, we may elect to specify
a different time limit by which
extension requests will be considered
untimely for submissions which are due
from multiple parties simultaneously. In
such a case, we will inform parties in
the letter or memorandum setting forth
the deadline (including a specified time)
by which extension requests must be
filed to be considered timely. An
extension request must be made in a
separate, stand-alone submission; under
limited circumstances we will grant
untimely-filed requests for the extension
of time limits. Parties should review
Extension of Time Limits; Final Rule, 78
FR 57790 (September 20, 2013),
available at https://www.gpo.gov/fdsys/
pkg/FR-2013-09-20/html/201322853.htm, prior to submitting factual
information in these investigations.
Certification Requirements
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information.34
32 See
19 CFR 351.301(b).
19 CFR 351.301(b)(2).
34 See section 782(b) of the Act.
30 See
section 703(a)(2) of the Act.
31 See section 703(a)(1) of the Act.
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33 See
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Parties are hereby reminded that revised
certification requirements are in effect
for company/government officials, as
well as their representatives.
Investigations initiated on the basis of
petitions filed on or after August 16,
2013, and other segments of any AD or
CVD proceedings initiated on or after
August 16, 2013, should use the formats
for the revised certifications provided at
the end of the Final Rule.35 The
Department intends to reject factual
submissions if the submitting party does
not comply with the applicable revised
certification requirements.
Notification to Interested Parties
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305. On
January 22, 2008, the Department
published Antidumping and
Countervailing Duty Proceedings:
Documents Submission Procedures;
APO Procedures, 73 FR 3634 (January
22, 2008). Parties wishing to participate
in this investigation should ensure that
they meet the requirements of these
procedures (e.g., the filing of letters of
appearance as discussed at 19 CFR
351.103(d)).
This notice is issued and published
pursuant to sections 702 and 777(i) of
the Act.
Dated: May 9, 2017.
Gary Taverman,
Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
Appendix I
Scope of the Investigations
The scope of these investigations covers
cold-drawn mechanical tubing of carbon and
alloy steel (cold-drawn mechanical tubing) of
circular cross-section, in actual outside
diameters less than 331 mm, and regardless
of wall thickness, surface finish, end finish
or industry specification. The subject colddrawn mechanical tubing is a tubular
product with a circular cross-sectional shape
that has been cold-drawn or otherwise coldfinished after the initial tube formation in a
manner that involves a change in the
diameter or wall thickness of the tubing, or
both. The subject cold-drawn mechanical
tubing may be produced from either welded
(e.g., electric resistance welded, continuous
welded, etc.) or seamless (e.g., pierced,
pilgered or extruded, etc.) carbon or alloy
steel tubular products. It may also be heat
treated after cold working. Such heat
treatments may include, but are not limited
to, annealing, normalizing, quenching and
35 See Certification of Factual Information to
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (‘‘Final Rule’’); see also frequently asked
questions regarding the Final Rule, available at
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
E:\FR\FM\16MYN1.SGM
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sradovich on DSK3GMQ082PROD with NOTICES
22490
Federal Register / Vol. 82, No. 93 / Tuesday, May 16, 2017 / Notices
tempering, stress relieving or finish
annealing. Typical cold-drawing methods for
subject merchandise include, but are not
limited to, drawing over mandrel, rod
drawing, plug drawing, sink drawing and
similar processes that involve reducing the
outside diameter of the tubing with a die or
similar device, whether or not controlling the
inside diameter of the tubing with an internal
support device such as a mandrel, rod, plug
or similar device.
Subject cold-drawn mechanical tubing is
typically certified to meet industry
specifications for cold-drawn tubing
including but not limited to:
(1) American Society for Testing and
Materials (ASTM) or American Society of
Mechanical Engineers (ASME) specifications
ASTM A–512, ASTM A–513 Type 3 (ASME
SA513 Type 3), ASTM A–513 Type 4 (ASME
SA513 Type 4), ASTM A–513 Type 5 (ASME
SA513 Type 5), ASTM A–513 Type 6 (ASME
SA513 Type 6), ASTM A–519 (cold-finished);
(2) SAE International (Society of
Automotive Engineers) specifications SAE
J524, SAE J525, SAE J2833, SAE J2614, SAE
J2467, SAE J2435, SAE J2613;
(3) Aerospace Material Specification (AMS)
AMS T–6736 (AMS 6736), AMS 6371, AMS
5050, AMS 5075, AMS 5062, AMS 6360,
AMS 6361, AMS 6362, AMS 6371, AMS
6372, AMS 6374, AMS 6381, AMS 6415;
(4) United States Military Standards (MIL)
MIL–T–5066 and MIL–T–6736;
(5) foreign standards equivalent to one of
the previously listed ASTM, ASME, SAE,
AMS or MIL specifications including but not
limited to:
(a) German Institute for Standardization
(DIN) specifications DIN 2391–2, DIN 2393–
2, DIN 2394–2);
(b) European Standards (EN) EN 10305–1,
EN 10305–2, EN 10305–4, EN 10305–6 and
European national variations on those
standards (e.g., British Standard (BS EN),
Irish Standard (IS EN) and German Standard
(DIN EN) variations, etc.);
(c) Japanese Industrial Standard (JIS) JIS G
3441 and JIS G 3445; and
(6) proprietary standards that are based on
one of the above-listed standards.
The subject cold-drawn mechanical tubing
may also be dual or multiple certified to
more than one standard. Pipe that is multiple
certified as cold-drawn mechanical tubing
and to other specifications not covered by
this scope, is also covered by the scope of
these investigations when it meets the
physical description set forth above.
Steel products included in the scope of
these investigations are products in which:
(1) Iron predominates, by weight, over each
of the other contained elements; and (2) the
carbon content is 2 percent or less by weight.
For purposes of this scope, the place of
cold-drawing determines the country of
origin of the subject merchandise. Subject
merchandise that is subject to minor working
in a third country that occurs after drawing
in one of the subject countries including, but
not limited to, heat treatment, cutting to
length, straightening, nondestruction testing,
deburring or chamfering, remains within the
scope of the investigations.
All products that meet the written physical
description are within the scope of these
VerDate Sep<11>2014
16:42 May 15, 2017
Jkt 241001
investigations unless specifically excluded or
covered by the scope of an existing order.
Merchandise that meets the physical
description of cold-drawn mechanical tubing
above is within the scope of the
investigations even if it is also dual or
multiple certified to an otherwise excluded
specification listed below. The following
products are outside of, and/or specifically
excluded from, the scope of these
investigations:
(1) Cold-drawn stainless steel tubing,
containing 10.5 percent or more of chromium
by weight and not more than 1.2 percent of
carbon by weight;
(2) products certified to one or more of the
ASTM, ASME or American Petroleum
Institute (API) specifications listed below:
• ASTM A–53;
• ASTM A–106;
• ASTM A–179 (ASME SA 179);
• ASTM A–192 (ASME SA 192);
• ASTM A–209 (ASME SA 209);
• ASTM A–210 (ASME SA 210);
• ASTM A–213 (ASME SA 213);
• ASTM A–334 (ASME SA 334);
• ASTM A–423 (ASME SA 423);
• ASTM A–498;
• ASTM A–496 (ASME SA 496);
• ASTM A–199;
• ASTM A–500;
• ASTM A–556;
• ASTM A–565;
• API 5L; and
• API 5CT
except that any cold-drawn tubing product
certified to one of the above excluded
specifications will not be excluded from the
scope if it is also dual- or multiple-certified
to any other specification that otherwise
would fall within the scope of these
investigations.
The products subject to the investigations
are currently classified in the Harmonized
Tariff Schedule of the United States (HTSUS)
under item numbers: 7304.31.3000,
7304.31.6050, 7304.51.1000, 7304.51.5005,
7304.51.5060, 7306.30.5015, 7306.30.5020,
7306.50.5030. Subject merchandise may also
enter under numbers 7306.30.1000 and
7306.50.1000. The HTSUS subheadings
above are provided for convenience and
customs purposes only. The written
description of the scope of the investigations
is dispositive.
[FR Doc. 2017–09869 Filed 5–15–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–602–811, C–351–851, C–834–808]
Silicon Metal From Australia, Brazil,
and Kazakhstan: Postponement of
Preliminary Determinations of
Countervailing Duty Investigations
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Effective May 16, 2017.
AGENCY:
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
FOR FURTHER INFORMATION CONTACT:
Katherine Johnson at (202) 482–4929
(Australia and Brazil); and Terre Keaton
at (202) 482–1280 (Kazakhstan), AD/
CVD Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On March 28, 2017, the Department of
Commerce (Department) initiated
countervailing duty investigations
(CVD) on silicon metal from Australia,
Brazil, and Kazakhstan.1 Currently, the
preliminary determinations of these
investigations are due no later than June
1, 2017.
Postponement of Preliminary
Determination
Section 703(b)(1) of the Tariff Act of
1930, as amended (the Act), requires the
Department to issue the preliminary
determination in a CVD investigation
within 65 days after the date on which
the Department initiated the
investigation. However, if the petitioner
makes a timely request for a
postponement, section 703(c)(1)(A) of
the Act allows the Department to
postpone making the preliminary
determination until no later than 130
days after the date on which the
Department initiated the investigation.
On May 2, 2017, the petitioner 2
submitted timely requests, pursuant to
section 703(c)(1)(A) of the Act and 19
CFR 351.205(e), to postpone the
preliminary determinations.3 For the
reasons stated above and because there
are no compelling reasons to deny the
requests, the Department, in accordance
with section 703(c)(1)(A) of the Act, is
postponing the deadline for the
preliminary determinations to no later
than 130 days after the day on which
the investigations were initiated.
Accordingly, the Department will issue
the preliminary determinations no later
than August 5, 2017. However, because
August 5, 2017, falls on a Saturday, the
preliminary determinations will be due
no later than August 7, 2017.4 In
accordance with section 705(a)(1) of the
1 See Silicon Metal from Australia, Brazil, and
Kazakhstan: Initiation of Countervailing Duty
Investigations, 82 FR 16356 (April 4, 2017).
2 Globe Specialty Metals, Inc.
3 See letters from the petitioner entitled ‘‘Silicon
Metal from Australia, Brazil, and Kazakhstan;
Countervailing Duty Investigations; Request for
Postponement of Preliminary Determinations,’’
dated May 2, 2017.
4 See Notice of Clarification: Application of ‘‘Next
Business Day’’ Rule for Administrative
Determination Deadlines Pursuant to the Tariff Act
of 1930, As Amended, 70 FR 24533 (May 10, 2005).
E:\FR\FM\16MYN1.SGM
16MYN1
]]>Agencies
[Federal Register Volume 82, Number 93 (Tuesday, May 16, 2017)]
[Notices]
[Pages 22486-22490]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09869]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-874; C-570-059]
Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel
From India and the People's Republic of China: Initiation of
Countervailing Duty Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Effective May 9, 2017.
FOR FURTHER INFORMATION CONTACT: Elfie Blum at (202) 482-0197 (India);
Yasmin Bordas at (202) 482-3813 (the People's Republic of China), AD/
CVD Operations, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
The Petitions
On April 19, 2017, the U.S. Department of Commerce (the Department)
received countervailing duty (CVD) Petitions concerning imports of
certain cold-drawn mechanical tubing of carbon and alloy steel (cold-
drawn mechanical tubing) from India and the People's Republic of China
(the PRC), filed in proper form on behalf of ArcelorMittal Tubular
Products; Michigan Seamless Tube, LLC; PTC Alliance Corp.; Webco
Industries, Inc.; and Zekelman Industries, Inc. (collectively, the
petitioners). The CVD Petitions were accompanied by antidumping duty
(AD) Petitions concerning imports of cold-drawn mechanical tubing from
each of the above countries, in addition to Italy, Switzerland, the
Federal Republic of Germany, and the Republic of Korea.\1\ The
petitioners are domestic producers of cold-drawn mechanical tubing.\2\
---------------------------------------------------------------------------
\1\ See ``Certain Cold-Drawn Mechanical Tubing Of Carbon And
Alloy Steel from the People's Republic Of China, the Federal
Republic of Germany, India, Italy, the Republic of Korea, and
Switzerland--Petitions for the Imposition of Antidumping and
Countervailing Duties,'' dated April 19, 2017 (the Petitions).
\2\ Id., Volume I of the Petitions, at 2.
---------------------------------------------------------------------------
On April 24, 2017, the Department requested supplemental
information pertaining to certain areas of the Petitions.\3\ The
petitioners filed responses to these requests on April 28, 2017.\4\
---------------------------------------------------------------------------
\3\ See Letter from the Department, ``Petition for the
Imposition of Countervailing Duties on Imports of Certain Cold-Drawn
Mechanical Tubing of Carbon and Alloy Steel from India: Supplemental
Questions,'' dated April 24, 2017 (India CVD Supplemental
Questionnaire); see also Letter from the Department, ``Petitions for
the Imposition of Antidumping and Countervailing Duties on Imports
of Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel
from the People's Republic of China, the Federal Republic of
Germany, India, Italy, the Republic of Korea, and Switzerland:
Supplemental Questions,'' dated April 24, 2017 (General Issues
Supplemental Questionnaire); see also Letter from the Department
``Petition for the Imposition of Countervailing Duties on Imports of
Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from
the PRC: Supplemental Questions,'' dated April 24, 2017 (PRC CVD
Supplemental Questionnaire).
\4\ See Letter from the petitioners, ``Certain Cold-Drawn
Mechanical Tubing of Carbon and Alloy Steel from India--Petitioners'
Response to Supplemental Questionnaire Concerning Countervailing
Duty Petition,'' dated April 28, 2017 (India CVD Supplement); see
also Letter from the petitioners, ``Certain Cold-Drawn Mechanical
Tubing of Carbon and Alloy Steel from India--Petitioners' Amendment
to Volume I Relating to General Issues,'' dated April 28, 2017
(General Issues Supplement); see also Letter from Petitioners,
``Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel
from the People's Republic of China--Petitioners' Response to
Supplemental Questionnaire Concerning Countervailing Duty
Petition,'' dated April 28, 2017 (PRC CVD Supplement).
---------------------------------------------------------------------------
In accordance with section 702(b)(1) of the Tariff Act of 1930, as
amended (the Act), the petitioners allege that the Governments of India
(GOI) and the PRC (GOC) are providing countervailable subsidies, within
the meaning of sections 701 and 771(5) of the Act, to imports of cold-
drawn mechanical tubing from India and the PRC, respectively, and that
such imports are materially injuring the domestic industry producing
cold-drawn mechanical tubing in the United States. Also, consistent
with section 702(b)(1) of the Act, for those alleged programs on which
we are initiating a CVD investigation, the Petitions are accompanied by
information reasonably available to the petitioners supporting their
allegations.
The Department finds that the petitioners filed these Petitions on
behalf of the domestic industry because the petitioners are interested
parties as defined in section 771(9)(C) of the Act. The Department also
finds that the petitioners demonstrated sufficient industry support
with respect to the initiation of the CVD investigations that the
petitioners are requesting.\5\
---------------------------------------------------------------------------
\5\ See ``Determination of Industry Support for the Petition''
section, below.
---------------------------------------------------------------------------
Periods of Investigation
Because the Petitions were filed on April 19, 2017, the period of
investigation is January 1, 2016, through December 31, 2016.
Scope of the Investigations
The product covered by these investigations is cold-drawn
mechanical tubing from India and the PRC. For a full description of the
scope of these investigations, see the ``Scope of the Investigations,''
in Appendix I of this notice.
Comments on Scope of the Investigations
During our review of the Petitions, the Department issued questions
to, and received responses from, the petitioners pertaining to the
proposed scope to ensure that the scope language in the Petitions would
be an accurate reflection of the products for which the domestic
industry is seeking relief.\6\
---------------------------------------------------------------------------
\6\ See General Issues Supplemental Questionnaire; see also
General Issues Supplement.
---------------------------------------------------------------------------
As discussed in the preamble to the Department's regulations, we
are setting aside a period for interested parties to raise issues
regarding product coverage (scope).\7\ The Department will consider all
comments received from interested parties and, if necessary, will
consult with the interested parties prior to the issuance of the
preliminary determinations. If scope comments include factual
information (see 19 CFR 351.102(b)(21)) all such factual information
should be limited to public information. To facilitate preparation of
its questionnaires, the Department requests all interested parties to
submit such comments by 5:00 p.m. Eastern Time (ET) on Tuesday, May 30,
2017, which is 20 calendar days from the signature date of this
notice.\8\ Any rebuttal comments, which may include factual
information, must be filed by 5:00 p.m. ET on Thursday, June 8, 2017,
which is 10 calendar days from the initial comments deadline.\9\
---------------------------------------------------------------------------
\7\ See Antidumping Duties; Countervailing Duties; Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\8\ The twenty-day deadline falls on May 29, 2017, a federal
holiday; accordingly, our due date will be on the next business day.
\9\ See 19 CFR 351.303(b).
---------------------------------------------------------------------------
The Department requests that any factual information the parties
consider relevant to the scope of the investigations be submitted
during this time period. However, if a party
[[Page 22487]]
subsequently finds that additional factual information pertaining to
the scope of the investigations may be relevant, the party may contact
the Department and request permission to submit the additional
information. All such comments must be filed on the records of each of
the concurrent AD and CVD investigations.
Filing Requirements
All submissions to the Department must be filed electronically
using Enforcement and Compliance's Antidumping Duty and Countervailing
Duty Centralized Electronic Service System (ACCESS).\10\ An
electronically-filed document must be received successfully in its
entirety by the time and date it is due. Documents exempted from the
electronic submission requirements must be filed manually (i.e., in
paper form) with Enforcement and Compliance's APO/Dockets Unit, Room
18022, U.S. Department of Commerce, 1401 Constitution Avenue NW.,
Washington, DC 20230, and stamped with the date and time of receipt by
the applicable deadlines.
---------------------------------------------------------------------------
\10\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011), see also Enforcement and
Compliance: Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014) for details of the Department's electronic
filing requirements, which went into effect on August 5, 2011.
Information on help using ACCESS can be found at https://access.trade.gov/help.aspx, and a handbook can be found at https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf.
---------------------------------------------------------------------------
Consultations
Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, the
Department notified representatives of the GOI and the GOC of the
receipt of the Petitions, and provided representatives of the GOI and
the GOC the opportunity for consultations with respect to the CVD
Petitions. Consultations with the GOC were held via conference call on
May 5, 2017, and consultations with the GOI were held at the
Department's main building on May 9, 2017.\11\
---------------------------------------------------------------------------
\11\ See Memorandum to the File regarding ``Ex-Parte Meeting
with Officials from the Government of the People's Republic of China
on the Countervailing Duty Petition on Certain Cold-Drawn Mechanical
Tubing of Carbon and Alloy Steel from the People's Republic of
China,'' dated May 5, 2017. See also Memorandum to the File
regarding ``Ex-Parte Meeting with Officials from the Government of
India on the Countervailing Duty Petition on Certain Cold-Drawn
Mechanical Tubing of Carbon and Alloy Steel from India,'' dated May
9, 2017.
---------------------------------------------------------------------------
Determination of Industry Support for the Petitions
Section 702(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 702(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) At least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, the Department
shall: (i) Poll the industry or rely on other information in order to
determine if there is support for the petition, as required by
subparagraph (A); or (ii) determine industry support using a
statistically valid sampling method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs the Department to look to producers and workers who produce the
domestic like product. The International Trade Commission (ITC), which
is responsible for determining whether ``the domestic industry'' has
been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both the Department and
the ITC must apply the same statutory definition regarding the domestic
like product,\12\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, the Department's
determination is subject to limitations of time and information.
Although this may result in different definitions of the like product,
such differences do not render the decision of either agency contrary
to law.\13\
---------------------------------------------------------------------------
\12\ See section 771(10) of the Act.
\13\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
---------------------------------------------------------------------------
Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
Petitions).
With regard to the domestic like product, the petitioners do not
offer a definition of the domestic like product distinct from the scope
of the investigations. Based on our analysis of the information
submitted on the record, we have determined that cold-drawn mechanical
tubing, as defined in the scope, constitutes a single domestic like
product and we have analyzed industry support in terms of that domestic
like product.\14\
---------------------------------------------------------------------------
\14\ For a discussion of the domestic like product analysis in
these cases, see Countervailing Duty Investigation Initiation
Checklist: Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy
Steel from the People's Republic of China (PRC CVD Initiation
Checklist), at Attachment II, Analysis of Industry Support for the
Antidumping and Countervailing Duty Petitions Covering Certain Cold-
Drawn Mechanical Tubing of Carbon and Alloy Steel from the People's
Republic of China, the Federal Republic of Germany, India, Italy,
the Republic of Korea, and Switzerland (Attachment II); and
Countervailing Duty Investigation Initiation Checklist: Certain
Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from India
(India CVD Initiation Checklist), at Attachment II. These checklists
are dated concurrently with this notice and on file electronically
via ACCESS. Access to documents filed via ACCESS is also available
in the Central Records Unit, Room B8024 of the main Department of
Commerce building.
---------------------------------------------------------------------------
In determining whether the petitioners have standing under section
702(c)(4)(A) of the Act, we considered the industry support data
contained in the Petitions with reference to the domestic like product
as defined in the ``Scope of the Investigations,'' in Appendix I of
this notice. The petitioners provided 2016 production or U.S. shipments
of the domestic like product for all supporters of the Petitions, and
compared this to the estimated total production of the domestic like
product for the entire domestic industry.\15\ We relied on data the
petitioners provided for purposes of measuring industry support.\16\
---------------------------------------------------------------------------
\15\ See Volume I of the Petitions, at 2-3 and Exhibits GEN-3--
GEN-5; see also General Issues Supplement, at 6-8 and Exhibits GEN-
SUPP-3 and GEN-SUPP-4.
\16\ Id. For further discussion, see PRC CVD Initiation
Checklist and India CVD Initiation Checklist, at Attachment II.
---------------------------------------------------------------------------
Our review of the data provided in the Petitions, General Issues
Supplement, and other information readily available to the Department
indicates that the petitioners have established industry support for
the Petitions.\17\ First, the Petitions established support from
domestic producers (or workers) accounting for more than 50 percent of
the total production of the domestic like product and, as such, the
Department is not required to take further action in order to evaluate
industry support (e.g.,
[[Page 22488]]
polling).\18\ Second, the domestic producers (or workers) have met the
statutory criteria for industry support under section 702(c)(4)(A)(i)
of the Act because the domestic producers (or workers) who support the
Petitions account for at least 25 percent of the total production of
the domestic like product.\19\ Finally, the domestic producers (or
workers) have met the statutory criteria for industry support under
section 702(c)(4)(A)(ii) of the Act because the domestic producers (or
workers) who support the Petitions account for more than 50 percent of
the production of the domestic like product produced by that portion of
the industry expressing support for, or opposition to, the
Petitions.\20\ Accordingly, the Department determines that the
Petitions were filed on behalf of the domestic industry within the
meaning of section 702(b)(1) of the Act.
---------------------------------------------------------------------------
\17\ See PRC CVD Initiation Checklist and India CVD Initiation
Checklist, at Attachment II.
\18\ See section 702(c)(4)(D) of the Act; see also PRC CVD
Initiation Checklist and India CVD Initiation Checklist, at
Attachment II.
\19\ See PRC CVD Initiation Checklist and India CVD Initiation
Checklist, at Attachment II.
\20\ Id.
---------------------------------------------------------------------------
The Department finds that the petitioners filed the Petitions on
behalf of the domestic industry because they are interested parties as
defined in section 771(9)(C) of the Act and they have demonstrated
sufficient industry support with respect to the CVD investigations that
they are requesting that the Department initiate.\21\
---------------------------------------------------------------------------
\21\ Id.
---------------------------------------------------------------------------
Injury Test
Because India and the PRC are ``Subsidies Agreement Countries''
within the meaning of section 701(b) of the Act, section 701(a)(2) of
the Act applies to these investigations. Accordingly, the ITC must
determine whether imports of the subject merchandise from India and the
PRC materially injure, or threaten material injury to, a U.S. industry.
Allegations and Evidence of Material Injury and Causation
The petitioners allege that imports of the subject merchandise are
benefitting from countervailable subsidies and that such imports are
causing, or threaten to cause, material injury to the U.S. industry
producing the domestic like product. In addition, the petitioners
allege that subject imports exceed the negligibility threshold provided
for under section 771(24)(A) of the Act.\22\ In CVD petitions, section
771(24)(B) of the Act provides that imports of subject merchandise from
developing and least developed countries must exceed the negligibility
threshold of four percent. The petitioners also demonstrate that
subject imports from India, which has been designated as a least
developed country under section 771(36)(B) of the Act, exceed the
negligibility threshold of four percent.\23\
---------------------------------------------------------------------------
\22\ See Volume I of the Petitions, at 15-16; see also General
Issues Supplement, at 9 and Exhibit GEN-SUPP-5.
\23\ Id.
---------------------------------------------------------------------------
The petitioners contend that the industry's injured condition is
illustrated by reduced market share; underselling and price suppression
or depression; lost sales and revenues; decreased production, capacity
utilization, and U.S. shipments; declines in employment of production-
related workers, wages paid, and hours worked; and declines in
financial performance.\24\ We have assessed the allegations and
supporting evidence regarding material injury, threat of material
injury, and causation, and we have determined that these allegations
are properly supported by adequate evidence, and meet the statutory
requirements for initiation.\25\
---------------------------------------------------------------------------
\24\ Id., at 12-30 and Exhibits GEN-3, GEN-12 and GEN-14--GEN-
17.
\25\ See PRC CVD Initiation Checklist, at Attachment III,
Analysis of Allegations and Evidence of Material Injury and
Causation for the Antidumping and Countervailing Duty Petitions
Covering Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy
Steel from the People's Republic of China, the Federal Republic of
Germany, India, Italy, the Republic of Korea, and Switzerland
(Attachment III); and India CVD Initiation Checklist, at Attachment
III.
---------------------------------------------------------------------------
Initiation of CVD Investigations
Based on the examination of the CVD Petitions, we find that the
Petitions meet the requirements of section 702 of the Act. Therefore we
are initiating CVD investigations to determine whether imports of cold-
drawn mechanical tubing from the PRC and India benefit from
countervailable subsidies conferred by the governments of these
countries. In accordance with section 703(b)(1) of the Act and 19 CFR
351.205(b)(1), unless postponed, we will make our preliminary
determination no later than 65 days after the date of this initiation.
Under the Trade Preferences Extension Act of 2015, numerous
amendments to the AD and CVD laws were made.\26\ The 2015 law does not
specify dates of application for those amendments. On August 6, 2015,
the Department published an interpretative rule, in which it announced
the applicability dates for each amendment to the Act, except for
amendments contained in section 771(7) of the Act, which relate to
determinations of material injury by the ITC.\27\ The amendments to
sections 776 and 782 of the Act are applicable to all determinations
made on or after August 6, 2015, and, therefore, apply to these CVD
investigations.\28\
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\26\ See Trade Preferences Extension Act of 2015, Public Law
114-27, 129 Stat. 362 (2015).
\27\ See Dates of Application of Amendments to the Antidumping
and Countervailing Duty Laws Made by the Trade Preferences Extension
Act of 2015, 80 FR 46793 (August 6, 2015) (Applicability Notice).
The 2015 amendments may be found at https://www.congress.gov/bill/114th-congress/house-bill/1295/text/pl.
\28\ See Applicability Notice, 80 FR at 46794-95.
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India
Based on our review of the Petition, we find that there is
sufficient information to initiate a CVD investigation on all of the 32
alleged programs. For a full discussion of the basis for our decision
to initiate on each program, see the India CVD Initiation Checklist.
The PRC
Based on our review of the Petition, we find that there is
sufficient information to initiate a CVD investigation on all of the 34
alleged programs. For a full discussion of the basis for our decision
to initiate on each program, see the PRC CVD Initiation Checklist.
A public version of the initiation checklist for each investigation
is available on ACCESS.
In accordance with section 703(b)(1) of the Act and 19 CFR
351.205(b)(1), unless postponed, we will make our preliminary
determination no later than 65 days after the date of this initiation.
Respondent Selection
The petitioners named 39 companies as producers/exporters of cold-
drawn mechanical tubing in India and 91 in the PRC.\29\ Following
standard practice in CVD investigations, the Department will, where
appropriate, select respondents based on U.S. Customs and Border
Protection (CBP) data for U.S. imports of cold-drawn mechanical tubing
during the POI under the appropriate Harmonized Tariff Schedule of the
United States subheadings. We intend to release CBP data under
Administrative Protective Order (APO) to all parties with access to
information protected by APO within five business days of the
announcement of the initiation of this investigation. Interested
parties must submit applications for disclosure under APO in accordance
with 19 CFR 351.305(b). Instructions for filing such applications
[[Page 22489]]
may be found on the Department's Web site at https://enforcement.trade.gov/apo.
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\29\ See Petition, Volume I at Exhibit I-7.
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Interested parties may submit comments regarding the CBP data and
respondent selection by 5:00 p.m. ET on the seventh calendar day after
publication of this notice. Interested pParties wishing to submit
rebuttal comments should submit those comments five calendar days after
the deadline for initial comments.
Comments must be filed electronically using ACCESS. An
electronically-filed document must be received successfully, in its
entirety, by ACCESS no later than 5:00 p.m. ET on the date noted above.
If respondent selection is necessary, within 20 days of publication of
this notice, we intend to make our decisions regarding respondent
selection based upon comments received from interested parties and our
analysis of the record information.
Distribution of Copies of the Petitions
In accordance with section 702(b)(4)(A)(i) of the Act and 19 CFR
351.202(f), copies of the public version of the Petitions have been
provided to the GOI and GOC via ACCESS. To the extent practicable, we
will attempt to provide a copy of the public version of the Petitions
to each exporter named in the Petitions, as provided under 19 CFR
351.203(c)(2).
ITC Notification
We will notify the ITC of our initiation, as required by section
702(d) of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petitions were filed, whether there is a reasonable
indication that imports of cold-drawn mechanical tubing from India and
the PRC are materially injuring, or threatening material injury to, a
U.S. industry.\30\ A negative ITC determination will result in the
investigations being terminated.\31\ Otherwise, these investigations
will proceed according to statutory and regulatory time limits.
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\30\ See section 703(a)(2) of the Act.
\31\ See section 703(a)(1) of the Act.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
Evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by the Department; and (v) evidence other than
factual information described in (i)-(iv). 19 CFR 351.301(b) requires
any party, when submitting factual information, to specify under which
subsection of 19 CFR 351.102(b)(21) the information is being submitted
\32\ and, if the information is submitted to rebut, clarify, or correct
factual information already on the record, to provide an explanation
identifying the information already on the record that the factual
information seeks to rebut, clarify, or correct.\33\ Time limits for
the submission of factual information are addressed in 19 CFR 351.301,
which provides specific time limits based on the type of factual
information being submitted. Interested parties should review the
regulations prior to submitting factual information in these
investigations.
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\32\ See 19 CFR 351.301(b).
\33\ See 19 CFR 351.301(b)(2).
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Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by the Secretary. In general, an extension request
will be considered untimely if it is filed after the expiration of the
time limit established under 19 CFR 351.301 expires. For submissions
that are due from multiple parties simultaneously, an extension request
will be considered untimely if it is filed after 10:00 a.m. ET on the
due date. Under certain circumstances, we may elect to specify a
different time limit by which extension requests will be considered
untimely for submissions which are due from multiple parties
simultaneously. In such a case, we will inform parties in the letter or
memorandum setting forth the deadline (including a specified time) by
which extension requests must be filed to be considered timely. An
extension request must be made in a separate, stand-alone submission;
under limited circumstances we will grant untimely-filed requests for
the extension of time limits. Parties should review Extension of Time
Limits; Final Rule, 78 FR 57790 (September 20, 2013), available at
https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior
to submitting factual information in these investigations.
Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\34\
Parties are hereby reminded that revised certification requirements are
in effect for company/government officials, as well as their
representatives. Investigations initiated on the basis of petitions
filed on or after August 16, 2013, and other segments of any AD or CVD
proceedings initiated on or after August 16, 2013, should use the
formats for the revised certifications provided at the end of the Final
Rule.\35\ The Department intends to reject factual submissions if the
submitting party does not comply with the applicable revised
certification requirements.
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\34\ See section 782(b) of the Act.
\35\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (``Final Rule''); see also
frequently asked questions regarding the Final Rule, available at
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. On January 22, 2008, the
Department published Antidumping and Countervailing Duty Proceedings:
Documents Submission Procedures; APO Procedures, 73 FR 3634 (January
22, 2008). Parties wishing to participate in this investigation should
ensure that they meet the requirements of these procedures (e.g., the
filing of letters of appearance as discussed at 19 CFR 351.103(d)).
This notice is issued and published pursuant to sections 702 and
777(i) of the Act.
Dated: May 9, 2017.
Gary Taverman,
Associate Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
Appendix I
Scope of the Investigations
The scope of these investigations covers cold-drawn mechanical
tubing of carbon and alloy steel (cold-drawn mechanical tubing) of
circular cross-section, in actual outside diameters less than 331
mm, and regardless of wall thickness, surface finish, end finish or
industry specification. The subject cold-drawn mechanical tubing is
a tubular product with a circular cross-sectional shape that has
been cold-drawn or otherwise cold-finished after the initial tube
formation in a manner that involves a change in the diameter or wall
thickness of the tubing, or both. The subject cold-drawn mechanical
tubing may be produced from either welded (e.g., electric resistance
welded, continuous welded, etc.) or seamless (e.g., pierced,
pilgered or extruded, etc.) carbon or alloy steel tubular products.
It may also be heat treated after cold working. Such heat treatments
may include, but are not limited to, annealing, normalizing,
quenching and
[[Page 22490]]
tempering, stress relieving or finish annealing. Typical cold-
drawing methods for subject merchandise include, but are not limited
to, drawing over mandrel, rod drawing, plug drawing, sink drawing
and similar processes that involve reducing the outside diameter of
the tubing with a die or similar device, whether or not controlling
the inside diameter of the tubing with an internal support device
such as a mandrel, rod, plug or similar device.
Subject cold-drawn mechanical tubing is typically certified to
meet industry specifications for cold-drawn tubing including but not
limited to:
(1) American Society for Testing and Materials (ASTM) or
American Society of Mechanical Engineers (ASME) specifications ASTM
A-512, ASTM A-513 Type 3 (ASME SA513 Type 3), ASTM A-513 Type 4
(ASME SA513 Type 4), ASTM A-513 Type 5 (ASME SA513 Type 5), ASTM A-
513 Type 6 (ASME SA513 Type 6), ASTM A-519 (cold-finished);
(2) SAE International (Society of Automotive Engineers)
specifications SAE J524, SAE J525, SAE J2833, SAE J2614, SAE J2467,
SAE J2435, SAE J2613;
(3) Aerospace Material Specification (AMS) AMS T-6736 (AMS
6736), AMS 6371, AMS 5050, AMS 5075, AMS 5062, AMS 6360, AMS 6361,
AMS 6362, AMS 6371, AMS 6372, AMS 6374, AMS 6381, AMS 6415;
(4) United States Military Standards (MIL) MIL-T-5066 and MIL-T-
6736;
(5) foreign standards equivalent to one of the previously listed
ASTM, ASME, SAE, AMS or MIL specifications including but not limited
to:
(a) German Institute for Standardization (DIN) specifications
DIN 2391-2, DIN 2393-2, DIN 2394-2);
(b) European Standards (EN) EN 10305-1, EN 10305-2, EN 10305-4,
EN 10305-6 and European national variations on those standards
(e.g., British Standard (BS EN), Irish Standard (IS EN) and German
Standard (DIN EN) variations, etc.);
(c) Japanese Industrial Standard (JIS) JIS G 3441 and JIS G
3445; and
(6) proprietary standards that are based on one of the above-
listed standards.
The subject cold-drawn mechanical tubing may also be dual or
multiple certified to more than one standard. Pipe that is multiple
certified as cold-drawn mechanical tubing and to other
specifications not covered by this scope, is also covered by the
scope of these investigations when it meets the physical description
set forth above.
Steel products included in the scope of these investigations are
products in which: (1) Iron predominates, by weight, over each of
the other contained elements; and (2) the carbon content is 2
percent or less by weight.
For purposes of this scope, the place of cold-drawing determines
the country of origin of the subject merchandise. Subject
merchandise that is subject to minor working in a third country that
occurs after drawing in one of the subject countries including, but
not limited to, heat treatment, cutting to length, straightening,
nondestruction testing, deburring or chamfering, remains within the
scope of the investigations.
All products that meet the written physical description are
within the scope of these investigations unless specifically
excluded or covered by the scope of an existing order. Merchandise
that meets the physical description of cold-drawn mechanical tubing
above is within the scope of the investigations even if it is also
dual or multiple certified to an otherwise excluded specification
listed below. The following products are outside of, and/or
specifically excluded from, the scope of these investigations:
(1) Cold-drawn stainless steel tubing, containing 10.5 percent
or more of chromium by weight and not more than 1.2 percent of
carbon by weight;
(2) products certified to one or more of the ASTM, ASME or
American Petroleum Institute (API) specifications listed below:
ASTM A-53;
ASTM A-106;
ASTM A-179 (ASME SA 179);
ASTM A-192 (ASME SA 192);
ASTM A-209 (ASME SA 209);
ASTM A-210 (ASME SA 210);
ASTM A-213 (ASME SA 213);
ASTM A-334 (ASME SA 334);
ASTM A-423 (ASME SA 423);
ASTM A-498;
ASTM A-496 (ASME SA 496);
ASTM A-199;
ASTM A-500;
ASTM A-556;
ASTM A-565;
API 5L; and
API 5CT
except that any cold-drawn tubing product certified to one of the
above excluded specifications will not be excluded from the scope if
it is also dual- or multiple-certified to any other specification
that otherwise would fall within the scope of these investigations.
The products subject to the investigations are currently
classified in the Harmonized Tariff Schedule of the United States
(HTSUS) under item numbers: 7304.31.3000, 7304.31.6050,
7304.51.1000, 7304.51.5005, 7304.51.5060, 7306.30.5015,
7306.30.5020, 7306.50.5030. Subject merchandise may also enter under
numbers 7306.30.1000 and 7306.50.1000. The HTSUS subheadings above
are provided for convenience and customs purposes only. The written
description of the scope of the investigations is dispositive.
[FR Doc. 2017-09869 Filed 5-15-17; 8:45 am]
BILLING CODE 3510-DS-P
