Certain Circular Welded Pipe and Tube From Brazil, India, Korea, Mexico, Taiwan, Thailand, and Turkey; Institution of Five-Year Reviews, 25328-25331 [2017-11049]
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Federal Register / Vol. 82, No. 104 / Thursday, June 1, 2017 / Notices
confidential business information).
Persons with questions regarding
electronic filing should contact the
Office of the Secretary, Docket Services
Division (202–205–1802).
Confidential Business Information.
Any submissions that contain
confidential business information must
also conform to the requirements of
section 201.6 of the Commission’s Rules
of Practice and Procedure (19 CFR
201.6). Section 201.6 of the rules
requires that the cover of the document
and the individual pages be clearly
marked as to whether they are the
‘‘confidential’’ or ‘‘non-confidential’’
version, and that the confidential
business information is clearly
identified by means of brackets. All
written submissions, except for
confidential business information, will
be made available for inspection by
interested parties.
The Commission may include some or
all of the confidential business
information submitted in the course of
this investigation in the report it sends
to the USTR. Additionally, all
information, including confidential
business information, submitted in this
investigation may be disclosed to and
used: (i) By the Commission, its
employees and Offices, and contract
personnel (a) for developing or
maintaining the records of this or a
related proceeding, or (b) in internal
investigations, audits, reviews, and
evaluations relating to the programs,
personnel, and operations of the
Commission including under 5 U.S.C.
Appendix 3; or (ii) by U.S. government
employees and contract personnel (a)
for cybersecurity purposes or (b) in
monitoring user activity on U.S.
government classified networks. The
Commission will not otherwise disclose
any confidential business information in
a way that would reveal the operations
of the firm supplying the information.
Summaries of Written Submissions:
Persons wishing to have a summary of
their position included in the report
should include a summary with their
written submission. The summaries will
be published in an appendix to the
report. The summary may not exceed
500 words, should be in MS Word
format or a format that can be easily
converted to MS Word, and should not
include any confidential business
information. The summary will be
published as provided if it meets these
requirements and is germane to the
subject matter of the investigation. The
Commission will list the name of the
organization furnishing the summary
and will include a link to the
Commission’s Electronic Document
Information System (EDIS) where the
full written submission can be found.
By order of the Commission.
Issued: May 26, 2017.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2017–11311 Filed 5–31–17; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation Nos. 701–TA–253 and 731–
TA–132, 252, 271, 273, 532–534, and 536
(Fourth Review)]
Certain Circular Welded Pipe and Tube
From Brazil, India, Korea, Mexico,
Taiwan, Thailand, and Turkey;
Institution of Five-Year Reviews
United States International
Trade Commission.
ACTION: Notice.
AGENCY:
The Commission hereby gives
notice that it has instituted reviews
SUMMARY:
pursuant to the Tariff Act of 1930 (‘‘the
Act’’), as amended, to determine
whether revocation of the
countervailing duty order on circular
welded pipe and tube from Turkey and
the antidumping duty orders on certain
circular welded pipe and tube from
Brazil, India, Korea, Mexico, Taiwan,
Thailand, and Turkey would be likely to
lead to continuation or recurrence of
material injury. Pursuant to the Act,
interested parties are requested to
respond to this notice by submitting the
information specified below to the
Commission.
Effective June 1, 2017. To be
assured of consideration, the deadline
for responses is July 3, 2017. Comments
on the adequacy of responses may be
filed with the Commission by August
14, 2017.
FOR FURTHER INFORMATION CONTACT:
Mary Messer (202–205–3193), Office of
Investigations, U.S. International Trade
Commission, 500 E Street SW.,
Washington, DC 20436. Hearingimpaired persons can obtain
information on this matter by contacting
the Commission’s TDD terminal on 202–
205–1810. Persons with mobility
impairments who will need special
assistance in gaining access to the
Commission should contact the Office
of the Secretary at 202–205–2000.
General information concerning the
Commission may also be obtained by
accessing its internet server (https://
www.usitc.gov). The public record for
this proceeding may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Background.—On the dates listed
below, the Department of Commerce
issued a countervailing duty order and
antidumping duty orders on the subject
imports:
DATES:
Product/country
Inv. No.
5/7/84 ................
3/7/86 ................
3/11/86 ..............
5/12/86 ..............
5/15/86 ..............
11/2/92 ..............
11/2/92 ..............
11/2/92 ..............
11/2/92 ..............
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Order date
Small diameter carbon steel pipe and tube/Taiwan .....................................................................
Welded carbon steel pipe and tube/Turkey ..................................................................................
Welded carbon steel pipe and tube/Thailand ...............................................................................
Welded carbon steel pipe and tube/India .....................................................................................
Welded carbon steel pipe and tube/Turkey ..................................................................................
Circular welded non-alloy steel pipe/Brazil ...................................................................................
Circular welded non-alloy steel pipe/Korea ..................................................................................
Circular welded non-alloy steel pipe/Mexico .................................................................................
Circular welded non-alloy steel pipe/Taiwan ................................................................................
731–TA–132
701–TA–253
731–TA–252
731–TA–271
731–TA–273
731–TA–532
731–TA–533
731–TA–534
731–TA–536
Following five-year reviews by
Commerce and the Commission,
effective August 22, 2000, Commerce
issued a continuation of the
countervailing duty order on imports of
welded carbon steel pipe and tube from
Turkey (65 FR 50960) and the
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antidumping duty orders on imports of
certain pipe and tube from Brazil, India,
Korea, Mexico, Taiwan, Thailand, and
Turkey (65 FR 50955–50958). Following
second five-year reviews by Commerce
and the Commission, effective August 8,
2006, Commerce issued a continuation
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of (1) the countervailing duty order on
imports of welded carbon steel standard
pipe from Turkey, (2) the antidumping
duty orders on imports of circular
welded non-alloy pipes and tubes from
Brazil, Korea, and Mexico, and (3) the
antidumping duty orders on imports of
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welded carbon steel pipe from India,
Thailand, and Turkey (71 FR 44996).
Effective August 14, 2006, Commerce
issued a continuation of the
antidumping duty orders on imports of
certain circular welded carbon steel
pipes and tubes from Taiwan and
circular welded non-alloy steel pipe
from Taiwan (71 FR 46447). Following
third five-year reviews by Commerce
and the Commission, effective July 17,
2012, Commerce issued a continuation
of (1) the countervailing duty order on
imports of circular welded carbon steel
pipes and tubes from Turkey; (2) the
antidumping duty orders on imports of
certain circular welded carbon steel
pipes and tubes from India, Thailand,
and Turkey; (3) the antidumping duty
orders on imports of certain circular
welded non-alloy steel pipe from Brazil,
Korea, Mexico, and Taiwan; and (4) the
antidumping duty order on imports of
certain circular welded carbon steel
pipes and tubes from Taiwan. The
Commission is now conducting fourth
reviews pursuant to section 751(c) of the
Act, as amended (19 U.S.C. 1675(c)), to
determine whether revocation of the
orders would be likely to lead to
continuation or recurrence of material
injury to the domestic industry within
a reasonably foreseeable time.
Provisions concerning the conduct of
this proceeding may be found in the
Commission’s Rules of Practice and
Procedure at 19 CFR parts 201, subparts
A and B and 19 CFR part 207, subparts
A and F. The Commission will assess
the adequacy of interested party
responses to this notice of institution to
determine whether to conduct full or
expedited reviews. The Commission’s
determinations in any expedited
reviews will be based on the facts
available, which may include
information provided in response to this
notice.
Definitions.—The following
definitions apply to these reviews:
(1) Subject Merchandise is the class or
kind of merchandise that is within the
scope of the five-year reviews, as
defined by the Department of
Commerce.
(2) The Subject Countries in these
reviews are Brazil, India, Korea, Mexico,
Taiwan, Thailand, and Turkey.
(3) The Domestic Like Product is the
domestically produced product or
products which are like, or in the
absence of like, most similar in
characteristics and uses with, the
Subject Merchandise. In its original
determinations, the Commission
defined the Domestic Like Product as
follows: (1) Small Diameter Circular
Welded Carbon Steel Pipes and Tubes
from Taiwan (Inv. No. 731–TA–132)—
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small diameter circular pipes and tubes
(i.e., with an outside diameter of at least
0.375 inch but not more than 4.5
inches); (2) Certain Circular Welded
Carbon Steel Pipes and Tubes from
Thailand and Turkey (Inv. Nos. 731–
TA–252 and 701–TA–253)—standard
pipe up to and including 16 inches in
outside diameter; (3) Certain Circular
Welded Carbon Steel Pipes and Tubes
from India and Turkey (Inv. Nos. 731–
TA–271 and 273)—standard pipe of not
more than 16 inches in outside
diameter; and (4) Certain Circular
Welded Carbon Steel Pipes and Tubes
from Brazil, Korea, Mexico, and Taiwan
(Inv. Nos. 731–TA–532–534 and 536)—
circular welded, non-alloy steel pipes
and tubes of not more than 16 inches in
outside diameter, except (a) finished
conduit other than finished rigid
conduit and (b) mechanical tubing that
is not cold-drawn or cold-rolled. In its
full first five-year review
determinations, the Commission found
one Domestic Like Product concerning
the reviews listed in items (1)–(4) above,
that is, circular welded non-alloy steel
pipes and tubes up to and including 16
inches in outside diameter, regardless of
wall thickness. In its full second and
third five-year review determinations,
the Commission again defined one
Domestic Like Product in the same
manner as it did in the first five-year
reviews. It defined the Domestic Like
Product corresponding to the circular
welded pipe orders under review to be
all circular, welded, non-alloy steel
pipes and tubes not more than 16 inches
in outside diameter.
(4) The Domestic Industry is the U.S.
producers as a whole of the Domestic
Like Product, or those producers whose
collective output of the Domestic Like
Product constitutes a major proportion
of the total domestic production of the
product. In its original determinations
and full first, second, and third five-year
review determinations, the Commission
defined the Domestic Industry as all
U.S. circular welded pipe producers.
(5) An Importer is any person or firm
engaged, either directly or through a
parent company or subsidiary, in
importing the Subject Merchandise into
the United States from a foreign
manufacturer or through its selling
agent.
Participation in the proceeding and
public service list.—Persons, including
industrial users of the Subject
Merchandise and, if the merchandise is
sold at the retail level, representative
consumer organizations, wishing to
participate in the proceeding as parties
must file an entry of appearance with
the Secretary to the Commission, as
provided in section 201.11(b)(4) of the
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25329
Commission’s rules, no later than 21
days after publication of this notice in
the Federal Register. The Secretary will
maintain a public service list containing
the names and addresses of all persons,
or their representatives, who are parties
to the proceeding.
Former Commission employees who
are seeking to appear in Commission
five-year reviews are advised that they
may appear in a review even if they
participated personally and
substantially in the corresponding
underlying original investigation or an
earlier review of the same underlying
investigation. The Commission’s
designated agency ethics official has
advised that a five-year review is not the
same particular matter as the underlying
original investigation, and a five-year
review is not the same particular matter
as an earlier review of the same
underlying investigation for purposes of
18 U.S.C. 207, the post employment
statute for Federal employees, and
Commission rule 201.15(b) (19 CFR
201.15(b)), 79 FR 3246 (Jan. 17, 2014),
73 FR 24609 (May 5, 2008).
Consequently, former employees are not
required to seek Commission approval
to appear in a review under Commission
rule 19 CFR 201.15, even if the
corresponding underlying original
investigation or an earlier review of the
same underlying investigation was
pending when they were Commission
employees. For further ethics advice on
this matter, contact Carol McCue
Verratti, Deputy Agency Ethics Official,
at 202–205–3088.
Limited disclosure of business
proprietary information (BPI) under an
administrative protective order (APO)
and APO service list.—Pursuant to
section 207.7(a) of the Commission’s
rules, the Secretary will make BPI
submitted in this proceeding available
to authorized applicants under the APO
issued in the proceeding, provided that
the application is made no later than 21
days after publication of this notice in
the Federal Register. Authorized
applicants must represent interested
parties, as defined in 19 U.S.C. 1677(9),
who are parties to the proceeding. A
separate service list will be maintained
by the Secretary for those parties
authorized to receive BPI under the
APO.
Certification.—Pursuant to section
207.3 of the Commission’s rules, any
person submitting information to the
Commission in connection with this
proceeding must certify that the
information is accurate and complete to
the best of the submitter’s knowledge. In
making the certification, the submitter
will acknowledge that information
submitted in response to this request for
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information and throughout this
proceeding or other proceeding may be
disclosed to and used: (i) By the
Commission, its employees and Offices,
and contract personnel (a) for
developing or maintaining the records
of this or a related proceeding, or (b) in
internal investigations, audits, reviews,
and evaluations relating to the
programs, personnel, and operations of
the Commission including under 5
U.S.C. Appendix 3; or (ii) by U.S.
government employees and contract
personnel, solely for cybersecurity
purposes. All contract personnel will
sign appropriate nondisclosure
agreements.
Written submissions.—Pursuant to
section 207.61 of the Commission’s
rules, each interested party response to
this notice must provide the information
specified below. The deadline for filing
such responses is July 3, 2017. Pursuant
to section 207.62(b) of the Commission’s
rules, eligible parties (as specified in
Commission rule 207.62(b)(1)) may also
file comments concerning the adequacy
of responses to the notice of institution
and whether the Commission should
conduct expedited or full reviews. The
deadline for filing such comments is
August 14, 2017. All written
submissions must conform with the
provisions of section 201.8 of the
Commission’s rules; any submissions
that contain BPI must also conform with
the requirements of sections 201.6,
207.3, and 207.7 of the Commission’s
rules. The Commission’s Handbook on
E-Filing, available on the Commission’s
Web site at https://edis.usitc.gov,
elaborates upon the Commission’s rules
with respect to electronic filing. Also, in
accordance with sections 201.16(c) and
207.3 of the Commission’s rules, each
document filed by a party to the
proceeding must be served on all other
parties to the proceeding (as identified
by either the public or APO service list
as appropriate), and a certificate of
service must accompany the document
(if you are not a party to the proceeding
you do not need to serve your response).
No response to this request for
information is required if a currently
valid Office of Management and Budget
(OMB) number is not displayed; the
OMB number is 3117 0016/USITC No.
17–5–388, expiration date June 30,
2017. Public reporting burden for the
request is estimated to average 15 hours
per response. Please send comments
regarding the accuracy of this burden
estimate to the Office of Investigations,
U.S. International Trade Commission,
500 E Street SW., Washington, DC
20436.
Inability to provide requested
information.—Pursuant to section
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207.61(c) of the Commission’s rules, any
interested party that cannot furnish the
information requested by this notice in
the requested form and manner shall
notify the Commission at the earliest
possible time, provide a full explanation
of why it cannot provide the requested
information, and indicate alternative
forms in which it can provide
equivalent information. If an interested
party does not provide this notification
(or the Commission finds the
explanation provided in the notification
inadequate) and fails to provide a
complete response to this notice, the
Commission may take an adverse
inference against the party pursuant to
section 776(b) of the Act (19 U.S.C.
1677e(b)) in making its determinations
in the reviews.
Information To Be Provided in
Response to This Notice of Institution: If
you are a domestic producer, union/
worker group, or trade/business
association; import/export Subject
Merchandise from more than one
Subject Country; or produce Subject
Merchandise in more than one Subject
Country, you may file a single response.
If you do so, please ensure that your
response to each question includes the
information requested for each pertinent
Subject Country. As used below, the
term ‘‘firm’’ includes any related firms.
(1) The name and address of your firm
or entity (including World Wide Web
address) and name, telephone number,
fax number, and Email address of the
certifying official.
(2) A statement indicating whether
your firm/entity is an interested party
under 19 U.S.C. 1677(9) and if so, how,
including whether your firm/entity is a
U.S. producer of the Domestic Like
Product, a U.S. union or worker group,
a U.S. importer of the Subject
Merchandise, a foreign producer or
exporter of the Subject Merchandise, a
U.S. or foreign trade or business
association (a majority of whose
members are interested parties under
the statute), or another interested party
(including an explanation). If you are a
union/worker group or trade/business
association, identify the firms in which
your workers are employed or which are
members of your association.
(3) A statement indicating whether
your firm/entity is willing to participate
in this proceeding by providing
information requested by the
Commission.
(4) A statement of the likely effects of
the revocation of the antidumping and/
or countervailing duty orders on the
Domestic Industry in general and/or
your firm/entity specifically. In your
response, please discuss the various
factors specified in section 752(a) of the
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Act (19 U.S.C. 1675a(a)) including the
likely volume of subject imports, likely
price effects of subject imports, and
likely impact of imports of Subject
Merchandise on the Domestic Industry.
(5) A list of all known and currently
operating U.S. producers of the
Domestic Like Product. Identify any
known related parties and the nature of
the relationship as defined in section
771(4)(B) of the Act (19 U.S.C.
1677(4)(B)).
(6) A list of all known and currently
operating U.S. importers of the Subject
Merchandise and producers of the
Subject Merchandise in each Subject
Country that currently export or have
exported Subject Merchandise to the
United States or other countries after
2011.
(7) A list of 3–5 leading purchasers in
the U.S. market for the Domestic Like
Product and the Subject Merchandise
(including street address, World Wide
Web address, and the name, telephone
number, fax number, and Email address
of a responsible official at each firm).
(8) A list of known sources of
information on national or regional
prices for the Domestic Like Product or
the Subject Merchandise in the U.S. or
other markets.
(9) If you are a U.S. producer of the
Domestic Like Product, provide the
following information on your firm’s
operations on that product during
calendar year 2016, except as noted
(report quantity data in short tons and
value data in U.S. dollars, f.o.b. plant).
If you are a union/worker group or
trade/business association, provide the
information, on an aggregate basis, for
the firms in which your workers are
employed/which are members of your
association.
(a) Production (quantity) and, if
known, an estimate of the percentage of
total U.S. production of the Domestic
Like Product accounted for by your
firm’s(s’) production;
(b) Capacity (quantity) of your firm to
produce the Domestic Like Product (that
is, the level of production that your
establishment(s) could reasonably have
expected to attain during the year,
assuming normal operating conditions
(using equipment and machinery in
place and ready to operate), normal
operating levels (hours per week/weeks
per year), time for downtime,
maintenance, repair, and cleanup, and a
typical or representative product mix);
(c) the quantity and value of U.S.
commercial shipments of the Domestic
Like Product produced in your U.S.
plant(s);
(d) the quantity and value of U.S.
internal consumption/company
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transfers of the Domestic Like Product
produced in your U.S. plant(s); and
(e) the value of (i) net sales, (ii) cost
of goods sold (COGS), (iii) gross profit,
(iv) selling, general and administrative
(SG&A) expenses, and (v) operating
income of the Domestic Like Product
produced in your U.S. plant(s) (include
both U.S. and export commercial sales,
internal consumption, and company
transfers) for your most recently
completed fiscal year (identify the date
on which your fiscal year ends).
(10) If you are a U.S. importer or a
trade/business association of U.S.
importers of the Subject Merchandise
from any Subject Country, provide the
following information on your firm’s(s’)
operations on that product during
calendar year 2016 (report quantity data
in short tons and value data in U.S.
dollars). If you are a trade/business
association, provide the information, on
an aggregate basis, for the firms which
are members of your association.
(a) The quantity and value (landed,
duty-paid but not including
antidumping or countervailing duties)
of U.S. imports and, if known, an
estimate of the percentage of total U.S.
imports of Subject Merchandise from
each Subject Country accounted for by
your firm’s(s’) imports;
(b) the quantity and value (f.o.b. U.S.
port, including antidumping and/or
countervailing duties) of U.S.
commercial shipments of Subject
Merchandise imported from each
Subject Country; and
(c) the quantity and value (f.o.b. U.S.
port, including antidumping and/or
countervailing duties) of U.S. internal
consumption/company transfers of
Subject Merchandise imported from
each Subject Country.
(11) If you are a producer, an exporter,
or a trade/business association of
producers or exporters of the Subject
Merchandise in any Subject Country,
provide the following information on
your firm’s(s’) operations on that
product during calendar year 2016
(report quantity data in short tons and
value data in U.S. dollars, landed and
duty-paid at the U.S. port but not
including antidumping or
countervailing duties). If you are a
trade/business association, provide the
information, on an aggregate basis, for
the firms which are members of your
association.
(a) Production (quantity) and, if
known, an estimate of the percentage of
total production of Subject Merchandise
in each Subject Country accounted for
by your firm’s(s’) production;
(b) Capacity (quantity) of your firm(s)
to produce the Subject Merchandise in
each Subject Country (that is, the level
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of production that your establishment(s)
could reasonably have expected to
attain during the year, assuming normal
operating conditions (using equipment
and machinery in place and ready to
operate), normal operating levels (hours
per week/weeks per year), time for
downtime, maintenance, repair, and
cleanup, and a typical or representative
product mix); and
(c) the quantity and value of your
firm’s(s’) exports to the United States of
Subject Merchandise and, if known, an
estimate of the percentage of total
exports to the United States of Subject
Merchandise from each Subject Country
accounted for by your firm’s(s’) exports.
(12) Identify significant changes, if
any, in the supply and demand
conditions or business cycle for the
Domestic Like Product that have
occurred in the United States or in the
market for the Subject Merchandise in
each Subject Country after 2011, and
significant changes, if any, that are
likely to occur within a reasonably
foreseeable time. Supply conditions to
consider include technology;
production methods; development
efforts; ability to increase production
(including the shift of production
facilities used for other products and the
use, cost, or availability of major inputs
into production); and factors related to
the ability to shift supply among
different national markets (including
barriers to importation in foreign
markets or changes in market demand
abroad). Demand conditions to consider
include end uses and applications; the
existence and availability of substitute
products; and the level of competition
among the Domestic Like Product
produced in the United States, Subject
Merchandise produced in each Subject
Country, and such merchandise from
other countries.
(13) (Optional) A statement of
whether you agree with the above
definitions of the Domestic Like Product
and Domestic Industry; if you disagree
with either or both of these definitions,
please explain why and provide
alternative definitions.
Authority: This proceeding is being
conducted under authority of title VII of the
Tariff Act of 1930; this notice is published
pursuant to section 207.61 of the
Commission’s rules.
By order of the Commission.
Issued: May 24, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017–11049 Filed 5–31–17; 8:45 am]
BILLING CODE 7020–02–P
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INTERNATIONAL TRADE
COMMISSION
[Investigation No. TA–201–75]
Crystalline Silicon Photovoltaic Cells’
(Whether or Not Partially or Fully
Assembled Into Other Products);
Institution and Scheduling of
Safeguard Investigation and
Determination That the Investigation Is
Extraordinarily Complicated
United States International
Trade Commission.
ACTION: Notice of institution of
investigation and scheduling of public
hearings.
AGENCY:
Following receipt of a petition
for import relief, as amended and
properly filed on May 17, 2017, the
Commission has instituted investigation
No. TA–201–75 pursuant to section 202
of the Trade Act of 1974 (‘‘the Act’’) to
determine whether crystalline silicon
photovoltaic (‘‘CSPV’’) cells (whether or
not partially or fully assembled into
other products) are being imported into
the United States in such increased
quantities as to be a substantial cause of
serious injury, or the threat thereof, to
the domestic industry producing an
article like or directly competitive with
the imported articles. The Commission
has deemed the petition, as amended, to
have been properly filed on May 17,
2017. The Commission has determined
that this investigation is
‘‘extraordinarily complicated’’ and will
make its injury determination within
128 days after the petition was filed, or
by September 22, 2017. The
Commission will submit to the
President the report required within 180
days after the date on which the petition
was filed, or by November 13, 2017.
DATES: Effective May 17, 2017.
FOR FURTHER INFORMATION CONTACT:
Mary Messer (202–205–3193), Office of
Investigations, U.S. International Trade
Commission, 500 E Street SW.,
Washington, DC 20436. Hearingimpaired persons can obtain
information on this matter by contacting
the Commission’s TDD terminal on 202–
205–1810. Persons with mobility
impairments who will need special
assistance in gaining access to the
Commission should contact the Office
of the Secretary at 202–205–2000.
General information concerning the
Commission may also be obtained by
accessing its internet server (https://
www.usitc.gov). The public record for
this investigation may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
E:\FR\FM\01JNN1.SGM
01JNN1
]]>Agencies
[Federal Register Volume 82, Number 104 (Thursday, June 1, 2017)]
[Notices]
[Pages 25328-25331]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11049]
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INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 701-TA-253 and 731-TA-132, 252, 271, 273, 532-534,
and 536 (Fourth Review)]
Certain Circular Welded Pipe and Tube From Brazil, India, Korea,
Mexico, Taiwan, Thailand, and Turkey; Institution of Five-Year Reviews
AGENCY: United States International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Commission hereby gives notice that it has instituted
reviews pursuant to the Tariff Act of 1930 (``the Act''), as amended,
to determine whether revocation of the countervailing duty order on
circular welded pipe and tube from Turkey and the antidumping duty
orders on certain circular welded pipe and tube from Brazil, India,
Korea, Mexico, Taiwan, Thailand, and Turkey would be likely to lead to
continuation or recurrence of material injury. Pursuant to the Act,
interested parties are requested to respond to this notice by
submitting the information specified below to the Commission.
DATES: Effective June 1, 2017. To be assured of consideration, the
deadline for responses is July 3, 2017. Comments on the adequacy of
responses may be filed with the Commission by August 14, 2017.
FOR FURTHER INFORMATION CONTACT: Mary Messer (202-205-3193), Office of
Investigations, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436. Hearing-impaired persons can obtain information
on this matter by contacting the Commission's TDD terminal on 202-205-
1810. Persons with mobility impairments who will need special
assistance in gaining access to the Commission should contact the
Office of the Secretary at 202-205-2000. General information concerning
the Commission may also be obtained by accessing its internet server
(https://www.usitc.gov). The public record for this proceeding may be
viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Background.--On the dates listed below, the Department of Commerce
issued a countervailing duty order and antidumping duty orders on the
subject imports:
----------------------------------------------------------------------------------------------------------------
Order date Product/country Inv. No. FR cite
----------------------------------------------------------------------------------------------------------------
5/7/84........................ Small diameter carbon 731-TA-132 49 FR 19369
steel pipe and tube/
Taiwan.
3/7/86........................ Welded carbon steel pipe 701-TA-253 51 FR 7984
and tube/Turkey.
3/11/86....................... Welded carbon steel pipe 731-TA-252 51 FR 8341
and tube/Thailand.
5/12/86....................... Welded carbon steel pipe 731-TA-271 51 FR 17384
and tube/India.
5/15/86....................... Welded carbon steel pipe 731-TA-273 51 FR 17784
and tube/Turkey.
11/2/92....................... Circular welded non-alloy 731-TA-532 57 FR 49453
steel pipe/Brazil.
11/2/92....................... Circular welded non-alloy 731-TA-533 57 FR 49453
steel pipe/Korea.
11/2/92....................... Circular welded non-alloy 731-TA-534 57 FR 49453
steel pipe/Mexico.
11/2/92....................... Circular welded non-alloy 731-TA-536 57 FR 49453
steel pipe/Taiwan.
----------------------------------------------------------------------------------------------------------------
Following five-year reviews by Commerce and the Commission,
effective August 22, 2000, Commerce issued a continuation of the
countervailing duty order on imports of welded carbon steel pipe and
tube from Turkey (65 FR 50960) and the antidumping duty orders on
imports of certain pipe and tube from Brazil, India, Korea, Mexico,
Taiwan, Thailand, and Turkey (65 FR 50955-50958). Following second
five-year reviews by Commerce and the Commission, effective August 8,
2006, Commerce issued a continuation of (1) the countervailing duty
order on imports of welded carbon steel standard pipe from Turkey, (2)
the antidumping duty orders on imports of circular welded non-alloy
pipes and tubes from Brazil, Korea, and Mexico, and (3) the antidumping
duty orders on imports of
[[Page 25329]]
welded carbon steel pipe from India, Thailand, and Turkey (71 FR
44996). Effective August 14, 2006, Commerce issued a continuation of
the antidumping duty orders on imports of certain circular welded
carbon steel pipes and tubes from Taiwan and circular welded non-alloy
steel pipe from Taiwan (71 FR 46447). Following third five-year reviews
by Commerce and the Commission, effective July 17, 2012, Commerce
issued a continuation of (1) the countervailing duty order on imports
of circular welded carbon steel pipes and tubes from Turkey; (2) the
antidumping duty orders on imports of certain circular welded carbon
steel pipes and tubes from India, Thailand, and Turkey; (3) the
antidumping duty orders on imports of certain circular welded non-alloy
steel pipe from Brazil, Korea, Mexico, and Taiwan; and (4) the
antidumping duty order on imports of certain circular welded carbon
steel pipes and tubes from Taiwan. The Commission is now conducting
fourth reviews pursuant to section 751(c) of the Act, as amended (19
U.S.C. 1675(c)), to determine whether revocation of the orders would be
likely to lead to continuation or recurrence of material injury to the
domestic industry within a reasonably foreseeable time. Provisions
concerning the conduct of this proceeding may be found in the
Commission's Rules of Practice and Procedure at 19 CFR parts 201,
subparts A and B and 19 CFR part 207, subparts A and F. The Commission
will assess the adequacy of interested party responses to this notice
of institution to determine whether to conduct full or expedited
reviews. The Commission's determinations in any expedited reviews will
be based on the facts available, which may include information provided
in response to this notice.
Definitions.--The following definitions apply to these reviews:
(1) Subject Merchandise is the class or kind of merchandise that is
within the scope of the five-year reviews, as defined by the Department
of Commerce.
(2) The Subject Countries in these reviews are Brazil, India,
Korea, Mexico, Taiwan, Thailand, and Turkey.
(3) The Domestic Like Product is the domestically produced product
or products which are like, or in the absence of like, most similar in
characteristics and uses with, the Subject Merchandise. In its original
determinations, the Commission defined the Domestic Like Product as
follows: (1) Small Diameter Circular Welded Carbon Steel Pipes and
Tubes from Taiwan (Inv. No. 731-TA-132)--small diameter circular pipes
and tubes (i.e., with an outside diameter of at least 0.375 inch but
not more than 4.5 inches); (2) Certain Circular Welded Carbon Steel
Pipes and Tubes from Thailand and Turkey (Inv. Nos. 731-TA-252 and 701-
TA-253)--standard pipe up to and including 16 inches in outside
diameter; (3) Certain Circular Welded Carbon Steel Pipes and Tubes from
India and Turkey (Inv. Nos. 731-TA-271 and 273)--standard pipe of not
more than 16 inches in outside diameter; and (4) Certain Circular
Welded Carbon Steel Pipes and Tubes from Brazil, Korea, Mexico, and
Taiwan (Inv. Nos. 731-TA-532-534 and 536)--circular welded, non-alloy
steel pipes and tubes of not more than 16 inches in outside diameter,
except (a) finished conduit other than finished rigid conduit and (b)
mechanical tubing that is not cold-drawn or cold-rolled. In its full
first five-year review determinations, the Commission found one
Domestic Like Product concerning the reviews listed in items (1)-(4)
above, that is, circular welded non-alloy steel pipes and tubes up to
and including 16 inches in outside diameter, regardless of wall
thickness. In its full second and third five-year review
determinations, the Commission again defined one Domestic Like Product
in the same manner as it did in the first five-year reviews. It defined
the Domestic Like Product corresponding to the circular welded pipe
orders under review to be all circular, welded, non-alloy steel pipes
and tubes not more than 16 inches in outside diameter.
(4) The Domestic Industry is the U.S. producers as a whole of the
Domestic Like Product, or those producers whose collective output of
the Domestic Like Product constitutes a major proportion of the total
domestic production of the product. In its original determinations and
full first, second, and third five-year review determinations, the
Commission defined the Domestic Industry as all U.S. circular welded
pipe producers.
(5) An Importer is any person or firm engaged, either directly or
through a parent company or subsidiary, in importing the Subject
Merchandise into the United States from a foreign manufacturer or
through its selling agent.
Participation in the proceeding and public service list.--Persons,
including industrial users of the Subject Merchandise and, if the
merchandise is sold at the retail level, representative consumer
organizations, wishing to participate in the proceeding as parties must
file an entry of appearance with the Secretary to the Commission, as
provided in section 201.11(b)(4) of the Commission's rules, no later
than 21 days after publication of this notice in the Federal Register.
The Secretary will maintain a public service list containing the names
and addresses of all persons, or their representatives, who are parties
to the proceeding.
Former Commission employees who are seeking to appear in Commission
five-year reviews are advised that they may appear in a review even if
they participated personally and substantially in the corresponding
underlying original investigation or an earlier review of the same
underlying investigation. The Commission's designated agency ethics
official has advised that a five-year review is not the same particular
matter as the underlying original investigation, and a five-year review
is not the same particular matter as an earlier review of the same
underlying investigation for purposes of 18 U.S.C. 207, the post
employment statute for Federal employees, and Commission rule 201.15(b)
(19 CFR 201.15(b)), 79 FR 3246 (Jan. 17, 2014), 73 FR 24609 (May 5,
2008). Consequently, former employees are not required to seek
Commission approval to appear in a review under Commission rule 19 CFR
201.15, even if the corresponding underlying original investigation or
an earlier review of the same underlying investigation was pending when
they were Commission employees. For further ethics advice on this
matter, contact Carol McCue Verratti, Deputy Agency Ethics Official, at
202-205-3088.
Limited disclosure of business proprietary information (BPI) under
an administrative protective order (APO) and APO service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary
will make BPI submitted in this proceeding available to authorized
applicants under the APO issued in the proceeding, provided that the
application is made no later than 21 days after publication of this
notice in the Federal Register. Authorized applicants must represent
interested parties, as defined in 19 U.S.C. 1677(9), who are parties to
the proceeding. A separate service list will be maintained by the
Secretary for those parties authorized to receive BPI under the APO.
Certification.--Pursuant to section 207.3 of the Commission's
rules, any person submitting information to the Commission in
connection with this proceeding must certify that the information is
accurate and complete to the best of the submitter's knowledge. In
making the certification, the submitter will acknowledge that
information submitted in response to this request for
[[Page 25330]]
information and throughout this proceeding or other proceeding may be
disclosed to and used: (i) By the Commission, its employees and
Offices, and contract personnel (a) for developing or maintaining the
records of this or a related proceeding, or (b) in internal
investigations, audits, reviews, and evaluations relating to the
programs, personnel, and operations of the Commission including under 5
U.S.C. Appendix 3; or (ii) by U.S. government employees and contract
personnel, solely for cybersecurity purposes. All contract personnel
will sign appropriate nondisclosure agreements.
Written submissions.--Pursuant to section 207.61 of the
Commission's rules, each interested party response to this notice must
provide the information specified below. The deadline for filing such
responses is July 3, 2017. Pursuant to section 207.62(b) of the
Commission's rules, eligible parties (as specified in Commission rule
207.62(b)(1)) may also file comments concerning the adequacy of
responses to the notice of institution and whether the Commission
should conduct expedited or full reviews. The deadline for filing such
comments is August 14, 2017. All written submissions must conform with
the provisions of section 201.8 of the Commission's rules; any
submissions that contain BPI must also conform with the requirements of
sections 201.6, 207.3, and 207.7 of the Commission's rules. The
Commission's Handbook on E-Filing, available on the Commission's Web
site at https://edis.usitc.gov, elaborates upon the Commission's rules
with respect to electronic filing. Also, in accordance with sections
201.16(c) and 207.3 of the Commission's rules, each document filed by a
party to the proceeding must be served on all other parties to the
proceeding (as identified by either the public or APO service list as
appropriate), and a certificate of service must accompany the document
(if you are not a party to the proceeding you do not need to serve your
response).
No response to this request for information is required if a
currently valid Office of Management and Budget (OMB) number is not
displayed; the OMB number is 3117 0016/USITC No. 17-5-388, expiration
date June 30, 2017. Public reporting burden for the request is
estimated to average 15 hours per response. Please send comments
regarding the accuracy of this burden estimate to the Office of
Investigations, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436.
Inability to provide requested information.--Pursuant to section
207.61(c) of the Commission's rules, any interested party that cannot
furnish the information requested by this notice in the requested form
and manner shall notify the Commission at the earliest possible time,
provide a full explanation of why it cannot provide the requested
information, and indicate alternative forms in which it can provide
equivalent information. If an interested party does not provide this
notification (or the Commission finds the explanation provided in the
notification inadequate) and fails to provide a complete response to
this notice, the Commission may take an adverse inference against the
party pursuant to section 776(b) of the Act (19 U.S.C. 1677e(b)) in
making its determinations in the reviews.
Information To Be Provided in Response to This Notice of
Institution: If you are a domestic producer, union/worker group, or
trade/business association; import/export Subject Merchandise from more
than one Subject Country; or produce Subject Merchandise in more than
one Subject Country, you may file a single response. If you do so,
please ensure that your response to each question includes the
information requested for each pertinent Subject Country. As used
below, the term ``firm'' includes any related firms.
(1) The name and address of your firm or entity (including World
Wide Web address) and name, telephone number, fax number, and Email
address of the certifying official.
(2) A statement indicating whether your firm/entity is an
interested party under 19 U.S.C. 1677(9) and if so, how, including
whether your firm/entity is a U.S. producer of the Domestic Like
Product, a U.S. union or worker group, a U.S. importer of the Subject
Merchandise, a foreign producer or exporter of the Subject Merchandise,
a U.S. or foreign trade or business association (a majority of whose
members are interested parties under the statute), or another
interested party (including an explanation). If you are a union/worker
group or trade/business association, identify the firms in which your
workers are employed or which are members of your association.
(3) A statement indicating whether your firm/entity is willing to
participate in this proceeding by providing information requested by
the Commission.
(4) A statement of the likely effects of the revocation of the
antidumping and/or countervailing duty orders on the Domestic Industry
in general and/or your firm/entity specifically. In your response,
please discuss the various factors specified in section 752(a) of the
Act (19 U.S.C. 1675a(a)) including the likely volume of subject
imports, likely price effects of subject imports, and likely impact of
imports of Subject Merchandise on the Domestic Industry.
(5) A list of all known and currently operating U.S. producers of
the Domestic Like Product. Identify any known related parties and the
nature of the relationship as defined in section 771(4)(B) of the Act
(19 U.S.C. 1677(4)(B)).
(6) A list of all known and currently operating U.S. importers of
the Subject Merchandise and producers of the Subject Merchandise in
each Subject Country that currently export or have exported Subject
Merchandise to the United States or other countries after 2011.
(7) A list of 3-5 leading purchasers in the U.S. market for the
Domestic Like Product and the Subject Merchandise (including street
address, World Wide Web address, and the name, telephone number, fax
number, and Email address of a responsible official at each firm).
(8) A list of known sources of information on national or regional
prices for the Domestic Like Product or the Subject Merchandise in the
U.S. or other markets.
(9) If you are a U.S. producer of the Domestic Like Product,
provide the following information on your firm's operations on that
product during calendar year 2016, except as noted (report quantity
data in short tons and value data in U.S. dollars, f.o.b. plant). If
you are a union/worker group or trade/business association, provide the
information, on an aggregate basis, for the firms in which your workers
are employed/which are members of your association.
(a) Production (quantity) and, if known, an estimate of the
percentage of total U.S. production of the Domestic Like Product
accounted for by your firm's(s') production;
(b) Capacity (quantity) of your firm to produce the Domestic Like
Product (that is, the level of production that your establishment(s)
could reasonably have expected to attain during the year, assuming
normal operating conditions (using equipment and machinery in place and
ready to operate), normal operating levels (hours per week/weeks per
year), time for downtime, maintenance, repair, and cleanup, and a
typical or representative product mix);
(c) the quantity and value of U.S. commercial shipments of the
Domestic Like Product produced in your U.S. plant(s);
(d) the quantity and value of U.S. internal consumption/company
[[Page 25331]]
transfers of the Domestic Like Product produced in your U.S. plant(s);
and
(e) the value of (i) net sales, (ii) cost of goods sold (COGS),
(iii) gross profit, (iv) selling, general and administrative (SG&A)
expenses, and (v) operating income of the Domestic Like Product
produced in your U.S. plant(s) (include both U.S. and export commercial
sales, internal consumption, and company transfers) for your most
recently completed fiscal year (identify the date on which your fiscal
year ends).
(10) If you are a U.S. importer or a trade/business association of
U.S. importers of the Subject Merchandise from any Subject Country,
provide the following information on your firm's(s') operations on that
product during calendar year 2016 (report quantity data in short tons
and value data in U.S. dollars). If you are a trade/business
association, provide the information, on an aggregate basis, for the
firms which are members of your association.
(a) The quantity and value (landed, duty-paid but not including
antidumping or countervailing duties) of U.S. imports and, if known, an
estimate of the percentage of total U.S. imports of Subject Merchandise
from each Subject Country accounted for by your firm's(s') imports;
(b) the quantity and value (f.o.b. U.S. port, including antidumping
and/or countervailing duties) of U.S. commercial shipments of Subject
Merchandise imported from each Subject Country; and
(c) the quantity and value (f.o.b. U.S. port, including antidumping
and/or countervailing duties) of U.S. internal consumption/company
transfers of Subject Merchandise imported from each Subject Country.
(11) If you are a producer, an exporter, or a trade/business
association of producers or exporters of the Subject Merchandise in any
Subject Country, provide the following information on your firm's(s')
operations on that product during calendar year 2016 (report quantity
data in short tons and value data in U.S. dollars, landed and duty-paid
at the U.S. port but not including antidumping or countervailing
duties). If you are a trade/business association, provide the
information, on an aggregate basis, for the firms which are members of
your association.
(a) Production (quantity) and, if known, an estimate of the
percentage of total production of Subject Merchandise in each Subject
Country accounted for by your firm's(s') production;
(b) Capacity (quantity) of your firm(s) to produce the Subject
Merchandise in each Subject Country (that is, the level of production
that your establishment(s) could reasonably have expected to attain
during the year, assuming normal operating conditions (using equipment
and machinery in place and ready to operate), normal operating levels
(hours per week/weeks per year), time for downtime, maintenance,
repair, and cleanup, and a typical or representative product mix); and
(c) the quantity and value of your firm's(s') exports to the United
States of Subject Merchandise and, if known, an estimate of the
percentage of total exports to the United States of Subject Merchandise
from each Subject Country accounted for by your firm's(s') exports.
(12) Identify significant changes, if any, in the supply and demand
conditions or business cycle for the Domestic Like Product that have
occurred in the United States or in the market for the Subject
Merchandise in each Subject Country after 2011, and significant
changes, if any, that are likely to occur within a reasonably
foreseeable time. Supply conditions to consider include technology;
production methods; development efforts; ability to increase production
(including the shift of production facilities used for other products
and the use, cost, or availability of major inputs into production);
and factors related to the ability to shift supply among different
national markets (including barriers to importation in foreign markets
or changes in market demand abroad). Demand conditions to consider
include end uses and applications; the existence and availability of
substitute products; and the level of competition among the Domestic
Like Product produced in the United States, Subject Merchandise
produced in each Subject Country, and such merchandise from other
countries.
(13) (Optional) A statement of whether you agree with the above
definitions of the Domestic Like Product and Domestic Industry; if you
disagree with either or both of these definitions, please explain why
and provide alternative definitions.
Authority: This proceeding is being conducted under authority of
title VII of the Tariff Act of 1930; this notice is published
pursuant to section 207.61 of the Commission's rules.
By order of the Commission.
Issued: May 24, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-11049 Filed 5-31-17; 8:45 am]
BILLING CODE 7020-02-P
