Cold-Drawn Mechanical Tubing From China, Germany, India, Italy, Korea, and Switzerland; Scheduling of the Final Phase of Countervailing Duty and Antidumping Duty Investigations, 46522-46524 [2017-21428]
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filed separately from the submissions on
the issues under review and are not
governed by the page limitations recited
above. The complainants’ opening
submission on the issues of remedy, the
public interest and bonding is to
include proposed remedial orders for
the Commission’s consideration; the
date that the asserted patents expire; the
HTSUS numbers under which the
accused products are imported; and the
names of known importers of the
products at issue in this investigation.
Written submissions by the parties
and the public must be filed no later
than close of business on Friday,
October 13, 2017. Reply submissions by
the parties and the public must be filed
no later than the close of business on
Monday, October 23, 2017. No further
submissions will be permitted unless
otherwise ordered by the Commission.
Persons filing written submissions
must file the original document
electronically on or before the deadlines
stated above and submit 8 true paper
copies to the Office of the Secretary by
noon the next day pursuant to section
210.4(f) of the Commission’s Rules of
Practice and Procedure (19 CFR
210.4(f)). Submissions should refer to
the investigation number (‘‘Inv. No.
337–TA–1010’’) in a prominent place on
the cover page and/or the first page. (See
Handbook for Electronic Filing
Procedures, https://www.usitc.gov/
secretary/fed_reg_notices/rules/
handbook_on_electronic_filing.pdf).
Persons with questions regarding filing
should contact the Secretary (202–205–
2000).
Any person desiring to submit a
document to the Commission in
confidence must request confidential
treatment. All such requests should be
directed to the Secretary to the
Commission and must include a full
statement of the reasons why the
Commission should grant such
treatment. See 19 CFR 201.6. Documents
for which confidential treatment by the
Commission is properly sought will be
treated accordingly. All information,
including confidential business
information and documents for which
confidential treatment is properly
sought, submitted to the Commission for
purposes of 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
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personnel, solely for cybersecurity
purposes. All nonconfidential written
submissions will be available for public
inspection at the Office of the Secretary
and on EDIS.
The authority for the Commission’s
determination is contained in section
337 of the Tariff Act of 1930, as
amended (19 U.S.C. 1337), and in part
210 of the Commission’s Rules of
Practice and Procedure (19 CFR part
210).
By order of the Commission.
Issued: September 29, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017–21426 Filed 10–4–17; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation Nos. 701–TA–576–577 and
731–TA–1362–1367 (Final)]
Cold-Drawn Mechanical Tubing From
China, Germany, India, Italy, Korea,
and Switzerland; Scheduling of the
Final Phase of Countervailing Duty and
Antidumping Duty Investigations
United States International
Trade Commission.
ACTION: Notice.
AGENCY:
The Commission hereby gives
notice of the scheduling of the final
phase of antidumping and
countervailing duty investigation Nos.
701–TA–576–577 and 731–TA–1362–
1367 (Final) pursuant to the Tariff Act
of 1930 (‘‘the Act’’) to determine
whether an industry in the United
States is materially injured or
threatened with material injury, or the
establishment of an industry in the
United States is materially retarded, by
reason of imports of cold-drawn
mechanical tubing from China,
Germany, India, Italy, Korea, and
Switzerland, provided for in
subheadings 7304.31.30, 7304.31.60,
7304.51.10, 7304.51.50, 7306.30.50, and
7306.50.50 of the Harmonized Tariff
Schedule of the United States,
preliminarily determined by the
Department of Commerce to be
subsidized by the Governments of China
and India. Determinations with respect
to imports of cold-drawn mechanical
tubing alleged to be sold at less than fair
value are pending.
DATES: September 25, 2017.
FOR FURTHER INFORMATION CONTACT:
Keysha Martinez (202–205–2136), Office
of Investigations, U.S. International
Trade Commission, 500 E Street SW.,
Washington, DC 20436. HearingSUMMARY:
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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
these investigations may be viewed on
the Commission’s electronic docket
(EDIS) at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Scope.—For purposes of these
investigations, the Department of
Commerce has defined the subject
merchandise as cold-drawn mechanical
tubing of carbon and alloy steel (colddrawn 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 colddrawn 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 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
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(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 colddrawn mechanical tubing and to other
specifications not covered by this scope,
is also covered by the scope of this
investigation when it meets the physical
description set forth above.
Steel products included in the scope
of this investigation 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
investigation.
All products that meet the written
physical description are within the
scope of this investigation unless
specifically excluded or covered by the
scope of an existing order. Merchandise
that meets the physical description of
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cold-drawn mechanical tubing above is
within the scope of the investigation
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 this investigation:
(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 this investigation.
The products subject to the
investigation 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
investigation is dispositive.
Background.—The final phase of
these investigations is being scheduled
pursuant to section 705(b) of the Tariff
Act of 1930 (19 U.S.C. 1671d(b)), as a
result of affirmative preliminary
determinations by the Department of
Commerce that certain benefits which
constitute subsidies within the meaning
of section 703 of the Act (19 U.S.C.
1671b) are being provided to
manufacturers, producers, or exporters
in China and India of cold-drawn
mechanical tubing. The investigations
were requested in petitions filed on
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46523
April 19, 2017, by ArcelorMittal
Tubular Products, Shelby, Ohio;
Michigan Seamless Tube, LLC, South
Lyon, Michigan; PTC Alliance Corp.,
Wexford, Pennsylvania; Webco
Industries, Inc., Sand Springs,
Oklahoma; and Zekelman Industries,
Inc., Farrell, Pennsylvania.
For further information concerning
the conduct of this phase of the
investigations, hearing procedures, and
rules of general application, consult the
Commission’s Rules of Practice and
Procedure, part 201, subparts A and B
(19 CFR part 201), and part 207,
subparts A and C (19 CFR part 207).
Participation in the investigations 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 final phase of these
investigations as parties must file an
entry of appearance with the Secretary
to the Commission, as provided in
section 201.11 of the Commission’s
rules, no later than 21 days prior to the
hearing date specified in this notice. A
party that filed a notice of appearance
during the preliminary phase of the
investigations need not file an
additional notice of appearance during
this final phase. The Secretary will
maintain a public service list containing
the names and addresses of all persons,
or their representatives, who are parties
to the investigations.
Limited disclosure of business
proprietary information (BPI) under an
administrative protective order (APO)
and BPI service list.—Pursuant to
section 207.7(a) of the Commission’s
rules, the Secretary will make BPI
gathered in the final phase of these
investigations available to authorized
applicants under the APO issued in the
investigations, provided that the
application is made no later than 21
days prior to the hearing date specified
in this notice. Authorized applicants
must represent interested parties, as
defined by 19 U.S.C. 1677(9), who are
parties to the investigations. A party
granted access to BPI in the preliminary
phase of the investigations need not
reapply for such access. A separate
service list will be maintained by the
Secretary for those parties authorized to
receive BPI under the APO.
Staff report.—The prehearing staff
report in the final phase of these
investigations will be placed in the
nonpublic record on November 21,
2017, and a public version will be
issued thereafter, pursuant to section
207.22 of the Commission’s rules.
Hearing.—The Commission will hold
a hearing in connection with the final
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phase of these investigations beginning
at 9:30 a.m. on Wednesday, December 6,
2017, at the U.S. International Trade
Commission Building. Requests to
appear at the hearing should be filed in
writing with the Secretary to the
Commission on or before December 1,
2017. A nonparty who has testimony
that may aid the Commission’s
deliberations may request permission to
present a short statement at the hearing.
All parties and nonparties desiring to
appear at the hearing and make oral
presentations should participate in a
prehearing conference to be held on
December 4, 2017, at the U.S.
International Trade Commission
Building, if deemed necessary. Oral
testimony and written materials to be
submitted at the public hearing are
governed by sections 201.6(b)(2),
201.13(f), and 207.24 of the
Commission’s rules. Parties must submit
any request to present a portion of their
hearing testimony in camera no later
than 7 business days prior to the date of
the hearing.
Written submissions.—Each party
who is an interested party shall submit
a prehearing brief to the Commission.
Prehearing briefs must conform with the
provisions of section 207.23 of the
Commission’s rules; the deadline for
filing is November 29, 2017. Parties may
also file written testimony in connection
with their presentation at the hearing, as
provided in section 207.24 of the
Commission’s rules, and posthearing
briefs, which must conform with the
provisions of section 207.25 of the
Commission’s rules. The deadline for
filing posthearing briefs is December 12,
2017. In addition, any person who has
not entered an appearance as a party to
the investigations may submit a written
statement of information pertinent to
the subject of the investigations,
including statements of support or
opposition to the petition, on or before
December 12, 2017. On December 29,
2017, the Commission will make
available to parties all information on
which they have not had an opportunity
to comment. Parties may submit final
comments on this information on or
before January 3, 2018, but such final
comments must not contain new factual
information and must otherwise comply
with section 207.30 of the Commission’s
rules. 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://
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19:52 Oct 04, 2017
Jkt 244001
www.usitc.gov/secretary/documents/
handbook_on_filing_procedures.pdf,
elaborates upon the Commission’s rules
with respect to electronic filing.
Additional written submissions to the
Commission, including requests
pursuant to section 201.12 of the
Commission’s rules, shall not be
accepted unless good cause is shown for
accepting such submissions, or unless
the submission is pursuant to a specific
request by a Commissioner or
Commission staff.
In accordance with sections 201.16(c)
and 207.3 of the Commission’s rules,
each document filed by a party to the
investigations must be served on all
other parties to the investigations (as
identified by either the public or BPI
service list), and a certificate of service
must be timely filed. The Secretary will
not accept a document for filing without
a certificate of service.
Authority: These investigations are
being conducted under authority of title
VII of the Tariff Act of 1930; this notice
is published pursuant to section 207.21
of the Commission’s rules.
By order of the Commission.
Issued: September 29, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017–21428 Filed 10–4–17; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation Nos. 731–TA–865–867 (Third
Review)]
Stainless Steel Butt-Weld Pipe Fittings
From Italy, Malaysia, and the
Philippines; Scheduling of Expedited
Five-Year Reviews
United States International
Trade Commission.
ACTION: Notice.
AGENCY:
The Commission hereby gives
notice of the scheduling of expedited
reviews pursuant to the Tariff Act of
1930 (‘‘the Act’’) to determine whether
revocation of the antidumping duty
orders on stainless steel butt-weld pipe
fittings from Italy, Malaysia, and the
Philippines would be likely to lead to
continuation or recurrence of material
injury within a reasonably foreseeable
time.
DATES: September 5, 2017.
FOR FURTHER INFORMATION CONTACT:
Amanda Lawrence (202–205–3185),
Office of Investigations, U.S.
International Trade Commission, 500 E
Street SW., Washington, DC 20436.
Hearing-impaired persons can obtain
SUMMARY:
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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
these reviews may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Background.—On September 5, 2017,
the Commission determined that the
domestic interested party group
response to its notice of institution (82
FR 25324, June 1, 2017) of the subject
five-year reviews was adequate and that
the respondent interested party group
response was inadequate for all reviews.
The Commission did not find any other
circumstances that would warrant
conducting full reviews.1 Accordingly,
the Commission determined that it
would conduct expedited reviews
pursuant to section 751(c)(3) of the
Tariff Act of 1930 (19 U.S.C. 1675(c)(3)).
For further information concerning
the conduct of these reviews and rules
of general application, consult the
Commission’s Rules of Practice and
Procedure, part 201, subparts A and B
(19 CFR part 201), and part 207,
subparts A, D, E, and F (19 CFR part
207).
Staff report.—A staff report
containing information concerning the
subject matter of the reviews will be
placed in the nonpublic record on
November 2, 2017, and made available
to persons on the Administrative
Protective Order service list for these
reviews. A public version will be issued
thereafter, pursuant to section
207.62(d)(4) of the Commission’s rules.
Written submissions.—As provided in
section 207.62(d) of the Commission’s
rules, interested parties that are parties
to the reviews and that have provided
individually adequate responses to the
notice of institution,2 and any party
other than an interested party to the
reviews may file written comments with
the Secretary on what determinations
the Commission should reach in the
1 A record of the Commissioners’ votes, the
Commission’s statement on adequacy, and any
individual Commissioner’s statements will be
available from the Office of the Secretary and at the
Commission’s Web site.
2 The Commission has found the responses
submitted on behalf of Core Pipe Products, Inc.,
Shaw Alloying Piping Products, LLC, and Taylor
Forge Stainless to be individually adequate.
Comments from other interested parties will not be
accepted (see 19 CFR 207.62(d)(2)).
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Agencies
[Federal Register Volume 82, Number 192 (Thursday, October 5, 2017)]
[Notices]
[Pages 46522-46524]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21428]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 701-TA-576-577 and 731-TA-1362-1367 (Final)]
Cold-Drawn Mechanical Tubing From China, Germany, India, Italy,
Korea, and Switzerland; Scheduling of the Final Phase of Countervailing
Duty and Antidumping Duty Investigations
AGENCY: United States International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Commission hereby gives notice of the scheduling of the
final phase of antidumping and countervailing duty investigation Nos.
701-TA-576-577 and 731-TA-1362-1367 (Final) pursuant to the Tariff Act
of 1930 (``the Act'') to determine whether an industry in the United
States is materially injured or threatened with material injury, or the
establishment of an industry in the United States is materially
retarded, by reason of imports of cold-drawn mechanical tubing from
China, Germany, India, Italy, Korea, and Switzerland, provided for in
subheadings 7304.31.30, 7304.31.60, 7304.51.10, 7304.51.50, 7306.30.50,
and 7306.50.50 of the Harmonized Tariff Schedule of the United States,
preliminarily determined by the Department of Commerce to be subsidized
by the Governments of China and India. Determinations with respect to
imports of cold-drawn mechanical tubing alleged to be sold at less than
fair value are pending.
DATES: September 25, 2017.
FOR FURTHER INFORMATION CONTACT: Keysha Martinez (202-205-2136), 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 these
investigations may be viewed on the Commission's electronic docket
(EDIS) at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Scope.--For purposes of these investigations, the Department of
Commerce has defined the subject merchandise as 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 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
[[Page 46523]]
(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 this
investigation when it meets the physical description set forth above.
Steel products included in the scope of this investigation 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
investigation.
All products that meet the written physical description are within
the scope of this investigation 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 investigation 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 this investigation:
(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 this investigation.
The products subject to the investigation 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
investigation is dispositive.
Background.--The final phase of these investigations is being
scheduled pursuant to section 705(b) of the Tariff Act of 1930 (19
U.S.C. 1671d(b)), as a result of affirmative preliminary determinations
by the Department of Commerce that certain benefits which constitute
subsidies within the meaning of section 703 of the Act (19 U.S.C.
1671b) are being provided to manufacturers, producers, or exporters in
China and India of cold-drawn mechanical tubing. The investigations
were requested in petitions filed on April 19, 2017, by ArcelorMittal
Tubular Products, Shelby, Ohio; Michigan Seamless Tube, LLC, South
Lyon, Michigan; PTC Alliance Corp., Wexford, Pennsylvania; Webco
Industries, Inc., Sand Springs, Oklahoma; and Zekelman Industries,
Inc., Farrell, Pennsylvania.
For further information concerning the conduct of this phase of the
investigations, hearing procedures, and rules of general application,
consult the Commission's Rules of Practice and Procedure, part 201,
subparts A and B (19 CFR part 201), and part 207, subparts A and C (19
CFR part 207).
Participation in the investigations 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 final phase of these
investigations as parties must file an entry of appearance with the
Secretary to the Commission, as provided in section 201.11 of the
Commission's rules, no later than 21 days prior to the hearing date
specified in this notice. A party that filed a notice of appearance
during the preliminary phase of the investigations need not file an
additional notice of appearance during this final phase. The Secretary
will maintain a public service list containing the names and addresses
of all persons, or their representatives, who are parties to the
investigations.
Limited disclosure of business proprietary information (BPI) under
an administrative protective order (APO) and BPI service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary
will make BPI gathered in the final phase of these investigations
available to authorized applicants under the APO issued in the
investigations, provided that the application is made no later than 21
days prior to the hearing date specified in this notice. Authorized
applicants must represent interested parties, as defined by 19 U.S.C.
1677(9), who are parties to the investigations. A party granted access
to BPI in the preliminary phase of the investigations need not reapply
for such access. A separate service list will be maintained by the
Secretary for those parties authorized to receive BPI under the APO.
Staff report.--The prehearing staff report in the final phase of
these investigations will be placed in the nonpublic record on November
21, 2017, and a public version will be issued thereafter, pursuant to
section 207.22 of the Commission's rules.
Hearing.--The Commission will hold a hearing in connection with the
final
[[Page 46524]]
phase of these investigations beginning at 9:30 a.m. on Wednesday,
December 6, 2017, at the U.S. International Trade Commission Building.
Requests to appear at the hearing should be filed in writing with the
Secretary to the Commission on or before December 1, 2017. A nonparty
who has testimony that may aid the Commission's deliberations may
request permission to present a short statement at the hearing. All
parties and nonparties desiring to appear at the hearing and make oral
presentations should participate in a prehearing conference to be held
on December 4, 2017, at the U.S. International Trade Commission
Building, if deemed necessary. Oral testimony and written materials to
be submitted at the public hearing are governed by sections
201.6(b)(2), 201.13(f), and 207.24 of the Commission's rules. Parties
must submit any request to present a portion of their hearing testimony
in camera no later than 7 business days prior to the date of the
hearing.
Written submissions.--Each party who is an interested party shall
submit a prehearing brief to the Commission. Prehearing briefs must
conform with the provisions of section 207.23 of the Commission's
rules; the deadline for filing is November 29, 2017. Parties may also
file written testimony in connection with their presentation at the
hearing, as provided in section 207.24 of the Commission's rules, and
posthearing briefs, which must conform with the provisions of section
207.25 of the Commission's rules. The deadline for filing posthearing
briefs is December 12, 2017. In addition, any person who has not
entered an appearance as a party to the investigations may submit a
written statement of information pertinent to the subject of the
investigations, including statements of support or opposition to the
petition, on or before December 12, 2017. On December 29, 2017, the
Commission will make available to parties all information on which they
have not had an opportunity to comment. Parties may submit final
comments on this information on or before January 3, 2018, but such
final comments must not contain new factual information and must
otherwise comply with section 207.30 of the Commission's rules. 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://www.usitc.gov/secretary/documents/handbook_on_filing_procedures.pdf, elaborates upon
the Commission's rules with respect to electronic filing.
Additional written submissions to the Commission, including
requests pursuant to section 201.12 of the Commission's rules, shall
not be accepted unless good cause is shown for accepting such
submissions, or unless the submission is pursuant to a specific request
by a Commissioner or Commission staff.
In accordance with sections 201.16(c) and 207.3 of the Commission's
rules, each document filed by a party to the investigations must be
served on all other parties to the investigations (as identified by
either the public or BPI service list), and a certificate of service
must be timely filed. The Secretary will not accept a document for
filing without a certificate of service.
Authority: These investigations are being conducted under authority
of title VII of the Tariff Act of 1930; this notice is published
pursuant to section 207.21 of the Commission's rules.
By order of the Commission.
Issued: September 29, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-21428 Filed 10-4-17; 8:45 am]
BILLING CODE 7020-02-P