Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel From India: Preliminary Affirmative Determination of Sales at Less Than Fair Value, in Part, Postponement of Final Determination, and Extension of Provisional Measures, 55567-55571 [2017-25292]
Download as PDF
<![CDATA[
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Federal Register / Vol. 82, No. 224 / Wednesday, November 22, 2017 / Notices
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 colddrawing 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. Other
cold-finishing operations that may be used to
produce subject merchandise include coldrolling and cold-sizing the tubing.
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 10305–3, 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
VerDate Sep<11>2014
18:57 Nov 21, 2017
Jkt 244001
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 this 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.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Particular Market Situation
VI. Discussion of the Methodology
A. Determination of the Comparison
Method
PO 00000
Frm 00015
Fmt 4703
Sfmt 4703
55567
B. Results of the Differential Pricing
Analysis
VII. Date of Sale
VIII. Product Comparisons
IX. Export Price
X. Normal Value
A. Home Market Viability
B. Affiliated-Party Transactions and Arm’sLength Test
C. Level of Trade
D. Cost of Production (COP) Analysis
1. Calculation of COP
2. Test of Comparison Market Sales Prices
3. Results of the COP Test
D. Calculation of NV Based on Comparison
Market Prices
E. Calculation of NV Based on Constructed
Value
XI. Use of Facts Otherwise Available and
Adverse Inferences
A. Application of Facts Available
B. Use of Adverse Inference
XII. Critical Circumstances
XIII. Currency Conversion
XIV. Conclusion
[FR Doc. 2017–25290 Filed 11–21–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–873]
Certain Cold-Drawn Mechanical Tubing
of Carbon and Alloy Steel From India:
Preliminary Affirmative Determination
of Sales at Less Than Fair Value, in
Part, Postponement of Final
Determination, and Extension of
Provisional Measures
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) preliminarily
determines that certain cold-drawn
mechanical tubing of carbon and alloy
steel (cold-drawn mechanical tubing)
from India is being, or is likely to be,
sold in the United States at less than fair
value (LTFV). The period of
investigation (POI) is April 1, 2016,
through March 31, 2017.
DATES: Applicable November 22, 2017.
FOR FURTHER INFORMATION CONTACT:
Susan Pulongbarit or Omar Qureshi,
AD/CVD Operations, Office V,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–4031 or
(202) 482–5307, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
This preliminary determination is
made in accordance with section 733(b)
of the Tariff Act of 1930, as amended
E:\FR\FM\22NON1.SGM
22NON1
55568
Federal Register / Vol. 82, No. 224 / Wednesday, November 22, 2017 / Notices
(the Act). The Department published the
notice of initiation of this investigation
on May 16, 2017.1 On September 12,
2017, the Department postponed the
preliminary determination of this
investigation until November 15, 2017.
2 For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.3 A list of topics
included in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov, and to all parties in the
Central Records Unit, room B8024 of the
main Department of Commerce
building. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/.
The signed and the electronic versions
of the Preliminary Decision
Memorandum are identical in content.
Scope of the Investigation
The product covered by this
investigation is cold-drawn mechanical
tubing from India. For a complete
description of the scope of this
investigation, see Appendix I.
Scope Comments
In accordance with the preamble to
the Department’s regulations,4 the
Initiation Notice set aside a period of
time for parties to raise issues regarding
product coverage (i.e., scope).5 Certain
interested parties commented on the
scope of the investigation as it appeared
in the Initiation Notice, as well as
additional language proposed by the
petitioners.6 For a summary of the
product coverage comments and
rebuttal responses submitted to the
record for this preliminary
determination, and accompanying
discussion and analysis of all comments
timely received, see the Preliminary
Scope Decision Memorandum.7 The
Department is preliminarily modifying
the scope language as it appeared in the
Initiation Notice. See the revised scope
in Appendix I to this notice.
Methodology
The Department is conducting this
investigation in accordance with section
731 of the Act. Export prices were
calculated in accordance with section
772(a) of the Act. Normal value (NV)
was calculated in accordance with
section 773 of the Act. For a full
description of the methodology
underlying the preliminary
determination, see the Preliminary
Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A)
of the Act provide that in the
preliminary determination the
Department shall determine an
estimated all-others rate for all exporters
and producers not individually
examined. This rate shall be an amount
equal to the weighted average of the
estimated weighted-average dumping
margins established for exporters and
producers individually investigated,
excluding any zero and de minimis
margins, and any margins determined
entirely under section 776 of the Act.
In this investigation, the Department
preliminarily found a zero rate for
Goodluck. Therefore, the only rate that
is not zero, de minimis, or based
entirely on facts otherwise available is
the rate calculated for TPI.
Consequently, the rate calculated for
TPI is also assigned for all-other
producers and exporters.
Preliminary Determination
The Department preliminarily
determines that the following estimated
weighted-average dumping margins
exist: 8 9
Estimated
weighted-average
dumping margin
(percent)
Producer
Exporter
Goodluck India Limited ............................................
Tube Products of India, Ltd. a unit of Tube Investments of India Limited (collectively TPI).
All-Others .................................................................
Goodluck India Limited ............................................
Tube Products of India, Ltd. a unit of Tube Investments of India Limited (collectively TPI).
..................................................................................
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Consistent with section 733(b)(3) of
the Act, the Department disregards de
minimis rates and preliminarily
determines that these individually
examined respondents with de minimis
rates have not made sales of subject
merchandise at LTFV.
Suspension of Liquidation
1 See Certain Cold-Drawn Mechanical Tubing of
Carbon and Alloy Steel from the Federal Republic
of Germany, India, Italy, the Republic of Korea, the
People’s Republic of China, and Switzerland:
Initiation of Less-Than-Fair-Value Investigations, 82
FR 22491 (May 16, 2017) (Initiation Notice).
2 See Certain Cold-Drawn Mechanical tubing of
Carbon and Alloy Steel from the Federal Republic
of Germany, India, Italy, the Republic of Korea, the
People’s Republic of China, and Switzerland:
Postponement of Preliminary Determination in the
Less-Than-Fair Investigations, 82 FR 42788
(September 12, 2017).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value Investigation of Certain Cold-Drawn
Mechanical Tubing of Carbon and Alloy Steel from
India,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
5 See Initiation Notice.
6 ArcelorMittal Tubular Products, Michigan
Seamless Tube, LLC, PTC Alliance Corp., Plymouth
Tube Co. USA, Webco Industries, Inc., and
Zekelman Industries, Inc. (collectively, the
petitioners).
7 See Memorandum, ‘‘Certain Cold-Drawn
Mechanical Tubing of Carbon and Alloy Steel from
the Federal Republic of Germany, India, Italy, the
Republic of Korea, the People’s Republic of China,
VerDate Sep<11>2014
18:57 Nov 21, 2017
Jkt 244001
In accordance with section 733(d)(2)
of the Act, the Department will direct
U.S. Customs and Border Protection
(CBP) to suspend liquidation of entries
of subject merchandise, as described in
PO 00000
Frm 00016
Fmt 4703
Sfmt 4703
8 0.00
9 7.57
7.57
Cash deposit
rate
(adjusted for
subsidy
offset(s))
(percent)
Not Applicable.
4.86.
4.86.
Appendix I, entered, or withdrawn from
warehouse, for consumption on or after
the date of publication of this notice in
the Federal Register. Further, pursuant
to section 733(d)(1)(B) of the Act and 19
CFR 351.205(d), the Department will
instruct CBP to require a cash deposit
and Switzerland: Scope Comments Decision
Memorandum for the Preliminary Determination’’
(Preliminary Scope Decision Memorandum), dated
concurrently with this preliminary determination.
8 See Memorandum, ‘‘Calculations Performed for
Goodluck India Limited for the Preliminary
Determination in the Antidumping Duty
Investigation of Cold Drawn Mechanical Tubing,’’
dated concurrently with this notice.
9 See Memorandum, ‘‘Calculations Performed for
Tube Investments of India Ltd. and Tube Products
of India, (collectively, TPI) for the Preliminary
Determination in the Antidumping Duty
Investigation of Cold Drawn Mechanical Tubing,’’
dated concurrently with this notice.
E:\FR\FM\22NON1.SGM
22NON1
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Federal Register / Vol. 82, No. 224 / Wednesday, November 22, 2017 / Notices
equal to the estimated weighted-average
dumping margin or the estimated allothers rate, as follows: (1) The cash
deposit rate for the respondents listed
above will be equal to the companyspecific estimated weighted-average
dumping margins determined in this
preliminary determination; (2) if the
exporter is not a respondent identified
above, but the producer is, then the cash
deposit rate will be equal to the
company-specific estimated weightedaverage dumping margin established for
that producer of the subject
merchandise except as explained below;
and (3) the cash deposit rate for all other
producers and exporters will be equal to
the all-others estimated weightedaverage dumping margin.
The Department normally adjusts
cash deposits for estimated antidumping
duties by the amount of export subsidies
countervailed in a companion
countervailing duty (CVD) proceeding,
when CVD provisional measures are in
effect. Accordingly, where the
Department preliminarily made an
affirmative determination for
countervailable export subsidies, the
Department offset the estimated
weighted-average dumping margin by
the appropriate CVD rate. The adjusted
cash deposit rate may be found in the
Preliminary Determination section
above. Should provisional measures in
the companion CVD investigation expire
prior to the expiration of provisional
measures in this LTFV investigation, the
Department will direct CBP to begin
collecting estimated antidumping duty
cash deposits unadjusted for
countervailed export subsidies at the
time that the provisional CVD measures
expire. These suspension of liquidation
instructions will remain in effect until
further notice.
Because the estimated weightedaverage dumping margin for Goodluck
India Limited is zero or de minimis,
entries of shipments of subject
merchandise from this company will
not be subject to suspension of
liquidation or cash deposit
requirements. In such situations, the
Department applies the exclusion to the
provisional measures to the producer/
exporter combination that was
examined in the investigation.
Accordingly, the Department is
directing CBP not to suspend
liquidation of entries of subject
merchandise produced and exported by
Goodluck India Limited. Entries of
shipments of subject merchandise from
this company in any other producer/
exporter combination, or by third
parties that sourced subject
merchandise from the excluded
producer/exporter combination, are
VerDate Sep<11>2014
18:57 Nov 21, 2017
Jkt 244001
subject to the provisional measures at
the all others rate.
Should the final estimated weightedaverage dumping margin be zero or de
minimis for the producer/exporter
combinations identified above, entries
of shipments of subject merchandise
from these producer/exporter
combinations will be excluded from the
potential antidumping duty order. Such
exclusions are not applicable to
merchandise exported to the United
States by these respondents in any other
producer/exporter combinations or by
third parties that sourced subject
merchandise from the excluded
producer/exporter combinations.
Disclosure
The Department intends to disclose
its calculations and analysis performed
to interested parties in this preliminary
determination within five days of any
public announcement or, if there is no
public announcement, within five days
of the date of publication of this notice
in accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the
Act, the Department intends to verify
the information relied upon in making
its final determination.
Public Comment
The Department is setting different
deadlines for scope-related case and
rebuttal briefs, and case and rebuttal
briefs addressing all other issues.
Scope briefs may be submitted to the
Assistant Secretary for Enforcement and
Compliance no later than five days after
the publication of the preliminary AD
determinations for the PRC, Germany,
India, Italy, Korea, and Switzerland in
the Federal Register. Rebuttal scope
briefs, limited to issues raised in the
scope case briefs, may be submitted no
later than three days after the deadline
for the scope case briefs. These
deadlines, which are based on
publication in the Federal Register of
the preliminary determinations in the
AD investigations of cold-drawn
mechanical tubing, apply for both the
on-going CVD and AD investigations.
There is only one briefing schedule for
scope case and rebuttal briefs in the
CVD and AD investigations. For all
scope issues, parties must file separate
and identical documents on the records
of all of the ongoing CVD and AD colddrawn mechanical tubing investigations.
No new factual information should be
included in scope case briefs or rebuttal
scope briefs, and no proprietary
information should be submitted in the
scope case briefs and rebuttal scope
briefs.
PO 00000
Frm 00017
Fmt 4703
Sfmt 4703
55569
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing on the revised scope, limited to
issues raised in the scope case and
rebuttal briefs, must submit a written
request to the Assistant Secretary for
Enforcement and Compliance, U.S.
Department of Commerce, separate from
the hearing on issues raised in case
briefs, within five days after the date of
publication of this notice. Requests
should contain the party’s name,
address, and telephone number, the
number of participants, whether any
participant is a foreign national, and a
list of the issues to be discussed. If a
request for a hearing is made, the
Department intends to hold the hearing
at the U.S. Department of Commerce,
1401 Constitution Avenue NW.,
Washington, DC 20230, at a time and
date to be determined. Parties should
confirm by telephone the date, time, and
location of the hearing two days before
the scheduled date.
Scope comments may only be
included in the scope case brief and
scope rebuttal brief. Should this
investigation result in an order,
interested parties may submit requests
for a scope ruling after the issuance of
any such order.
Case briefs or other nons-scope
written comments may be submitted to
the Assistant Secretary for Enforcement
and Compliance no later than seven
days after the date on which the last
verification report is issued in this
investigation. Rebuttal briefs, limited to
issues raised in case briefs, may be
submitted no later than five days after
the deadline date for case briefs.10
Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or
rebuttal briefs in this investigation are
encouraged to submit with each
argument: (1) A statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, within 30 days after the date
of publication of this notice. Requests
should contain the party’s name,
address, and telephone number, the
number of participants, whether any
participant is a foreign national, and a
list of the issues to be discussed. If a
request for a hearing is made, the
Department intends to hold the hearing
at the U.S. Department of Commerce,
10 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
E:\FR\FM\22NON1.SGM
22NON1
55570
Federal Register / Vol. 82, No. 224 / Wednesday, November 22, 2017 / Notices
1401 Constitution Avenue NW.,
Washington, DC 20230, at a time and
date to be determined. Parties should
confirm by telephone the date, time, and
location of the hearing two days before
the scheduled date.
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Postponement of Final Determination
and Extension of Provisional Measures
Section 735(a)(2) of the Act provides
that a final determination may be
postponed until not later than 135 days
after the date of the publication of the
preliminary determination if, in the
event of an affirmative preliminary
determination, a request for such
postponement is made by exporters who
account for a significant proportion of
exports of the subject merchandise, or in
the event of a negative preliminary
determination, a request for such
postponement is made by the petitioner.
Section 351.210(e)(2) of the
Department’s regulations requires that a
request by exporters for postponement
of the final determination be
accompanied by a request for extension
of provisional measures from a fourmonth period to a period not more than
six months in duration.
On October 31, 2017 and November
12, 2017 Goodluck and TPI, pursuant to
19 CFR 351.210(e) and 19 CFR
351.210(b)(2)(ii), respectively requested
that the Department postpone the final
determination.11 On November 13,
2017, pursuant to 19 CFR 351.210(e),
the petitioners also requested that the
Department postpone the final
determination and that provisional
measures be extended to a period not to
exceed six months.12 In accordance with
section 735(a)(2)(A) of the Act and 19
CFR 351.210(b)(2)(ii), because: (1) The
preliminary determination is
affirmative, in part; (2) the requesting
exporter accounts for a significant
proportion of exports of the subject
merchandise; and (3) no compelling
reasons for denial exist, the Department
is postponing the final determination
and extending the provisional measures
from a four-month period to a period
not greater than six months.
Accordingly, the Department will make
its final determination by no later than
11 See Letter from Goodluck, ‘‘Goodluck Request
to Extend the Final Determination: Antidumping
Duty Investigation on Certain Cold-Drawn
Mechanical Tubing of Carbon and Alloy Steel from
India (A–533–873),’’ dated October 31, 2017; see
also Letter from TPI, ‘‘Certain Cold-Drawn
Mechanical Tubing of Carbon and Alloy Steel from
India: Request for Extension to Section ABC
Supplemental Questionnaire,’’ dated
12 See Letter from the petitioners, ‘‘Certain ColdDrawn Mechanical Tubing of Carbon and Alloy
Steel from China, Germany, India, Italy, Korea and
Switzerland—Petitioners’ Comments Regarding
Extension of the Final Determination,’’ dated
November 13, 2017.
VerDate Sep<11>2014
18:57 Nov 21, 2017
Jkt 244001
135 days after the date of publication of
this preliminary determination,
pursuant to section 735(a)(2) of the Act.
International Trade Commission
Notification
In accordance with section 733(f) of
the Act, the Department will notify the
International Trade Commission (ITC) of
its preliminary determination. If the
final determination is affirmative, the
ITC will determine before the later of
120 days after the date of this
preliminary determination or 45 days
after the final determination whether
these imports are materially injuring, or
threaten material injury to, the U.S.
industry.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act and 19
CFR 351.205(c).
Dated: November 15, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix I
Scope of the Investigation
The scope of this investigation covers colddrawn mechanical tubing of carbon and alloy
steel (cold-drawn mechanical tubing) of
circular cross-section, 304.8 mm or more in
length, 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 colddrawing 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. Other
cold-finishing operations that may be used to
produce subject merchandise include coldrolling and cold-sizing the tubing.
Subject cold-drawn mechanical tubing is
typically certified to meet industry
PO 00000
Frm 00018
Fmt 4703
Sfmt 4703
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 10305–3, 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 this 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;
E:\FR\FM\22NON1.SGM
22NON1
Federal Register / Vol. 82, No. 224 / Wednesday, November 22, 2017 / Notices
DEPARTMENT OF COMMERCE
Appendix II
Background
List of Topics Discussed in the Preliminary
Decision Memorandum
asabaliauskas on DSKBBXCHB2PROD with NOTICES
(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.
This preliminary determination is
made in accordance with section 733(b)
of the Tariff Act of 1930, as amended
(the Act). The Department published the
notice of initiation of this investigation
on May 16, 2017.1 On September 12,
2017, the Department postponed the
preliminary determination of this
investigation until November 15, 2017.2
For a complete description of the events
that followed the initiation of this
investigation, see the Preliminary
Decision Memorandum.3 A list of topics
I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Discussion of the Methodology
A. Determination of the Comparison
Method
B. Results of the Differential Pricing
Analysis
VI. Date of Sale
VII. Product Comparisons
VIII. Export Price and Constructed Export
Price
IX. Normal Value
A. Home Market Viability
B. Level of Trade
C. Cost of Production (COP) Analysis
1. Calculation of COP
2. Test of Comparison Market Sales Prices
3. Results of the COP Test
D. Calculation of NV Based on Comparison
Market Prices
E. Calculation of NV Based on Constructed
Value
X. Currency Conversion
XI. Conclusion
[FR Doc. 2017–25292 Filed 11–21–17; 8:45 am]
BILLING CODE 3510–DS–P
VerDate Sep<11>2014
18:57 Nov 21, 2017
Jkt 244001
International Trade Administration
[A–441–801]
Cold-Drawn Mechanical Tubing From
Switzerland: Preliminary Affirmative
Determination of Sales at Less Than
Fair Value and Postponement of Final
Determination, and Extension of
Provisional Measures
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) preliminarily
determines that certain cold-drawn
mechanical tubing of carbon and alloy
steel (cold-drawn mechanical tubing)
from Switzerland is being, or is likely to
be, sold in the United States at less than
fair value (LTFV). The period of
investigation (POI) is April 1, 2016,
through March 31, 2017.
DATES: Applicable November 22, 2017.
FOR FURTHER INFORMATION CONTACT:
Laurel LaCivita, AD/CVD Operations,
Office III or Amanda Brings, AD/CVD
Operations, Office V, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–4243 or (202) 482–3927,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
1 See Certain Cold-Drawn Mechanical Tubing of
Carbon and Alloy Steel from the Federal Republic
of Germany, India, Italy, the Republic of Korea, the
People’s Republic of China, and Switzerland:
Initiation of Less-Than-Fair-Value Investigations, 82
FR 22491 (May 16, 2017) (Initiation Notice).
2 See Certain Cold-Drawn Mechanical Tubing of
Carbon and Alloy Steel from the Federal Republic
of Germany, India, Italy, the Republic of Korea, the
People’s Republic of China, and Switzerland:
Postponement of Preliminary Determinations in the
Less-Than-Fair-Value Investigations, 82 FR 42788
(September 12, 2017).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value Investigation of Certain Cold-Drawn
Mechanical Tubing of Carbon and Alloy Steel from
Switzerland’’ dated concurrently with, and hereby
PO 00000
Frm 00019
Fmt 4703
Sfmt 4703
55571
included in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov, and to all parties in the
Central Records Unit, room B8024 of the
main Department of Commerce
building. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/.
The signed and the electronic versions
of the Preliminary Decision
Memorandum are identical in content.
Scope of the Investigation
The product covered by this
investigation is cold-drawn mechanical
tubing from Switzerland. For a complete
description of the scope of this
investigation, see Appendix I.
Scope Comments
In accordance with the preamble to
the Department’s regulations,4 the
Initiation Notice set aside a period of
time for parties to raise issues regarding
product coverage (i.e., scope).5 Certain
interested parties commented on the
scope of the investigation as it appeared
in the Initiation Notice. For a summary
of the product coverage comments and
rebuttal responses submitted to the
record for this preliminary
determination, and accompanying
discussion and analysis of all comments
timely received, see the Preliminary
Scope Decision Memorandum.6 The
Department is preliminarily modifying
the scope language as it appeared in the
Initiation Notice. See the revised scope
in Appendix I to this notice.
Methodology
The Department is conducting this
investigation in accordance with section
731 of the Act. Export prices were
calculated in accordance with section
772(a) of the Act. Constructed export
prices were calculated in accordance
with section 772(b) of the Act. Normal
value (NV) was calculated in accordance
adopted by, this notice (Preliminary Decision
Memorandum).
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
5 See Initiation Notice.
6 See Memorandum, ‘‘Certain Cold-Drawn
Mechanical Tubing of Carbon and Alloy Steel
(Cold-Drawn Mechanical Tubing) from Full Country
Name: Scope Comments Decision Memorandum for
the Preliminary Determination’’ (Preliminary Scope
Decision Memorandum), dated concurrently with
this preliminary determination.
E:\FR\FM\22NON1.SGM
22NON1
]]>Agencies
[Federal Register Volume 82, Number 224 (Wednesday, November 22, 2017)]
[Notices]
[Pages 55567-55571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25292]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-873]
Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel
From India: Preliminary Affirmative Determination of Sales at Less Than
Fair Value, in Part, Postponement of Final Determination, and Extension
of Provisional Measures
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) preliminarily
determines that certain cold-drawn mechanical tubing of carbon and
alloy steel (cold-drawn mechanical tubing) from India is being, or is
likely to be, sold in the United States at less than fair value (LTFV).
The period of investigation (POI) is April 1, 2016, through March 31,
2017.
DATES: Applicable November 22, 2017.
FOR FURTHER INFORMATION CONTACT: Susan Pulongbarit or Omar Qureshi, AD/
CVD Operations, Office V, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW., Washington, DC 20230; telephone: (202) 482-4031 or (202)
482-5307, respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(b) of the Tariff Act of 1930, as amended
[[Page 55568]]
(the Act). The Department published the notice of initiation of this
investigation on May 16, 2017.\1\ On September 12, 2017, the Department
postponed the preliminary determination of this investigation until
November 15, 2017. \2\ For a complete description of the events that
followed the initiation of this investigation, see the Preliminary
Decision Memorandum.\3\ A list of topics included in the Preliminary
Decision Memorandum is included as Appendix II to this notice. The
Preliminary Decision Memorandum is a public document and is on file
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov,
and to all parties in the Central Records Unit, room B8024 of the main
Department of Commerce building. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed and the electronic versions of
the Preliminary Decision Memorandum are identical in content.
---------------------------------------------------------------------------
\1\ See Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy
Steel from the Federal Republic of Germany, India, Italy, the
Republic of Korea, the People's Republic of China, and Switzerland:
Initiation of Less-Than-Fair-Value Investigations, 82 FR 22491 (May
16, 2017) (Initiation Notice).
\2\ See Certain Cold-Drawn Mechanical tubing of Carbon and Alloy
Steel from the Federal Republic of Germany, India, Italy, the
Republic of Korea, the People's Republic of China, and Switzerland:
Postponement of Preliminary Determination in the Less-Than-Fair
Investigations, 82 FR 42788 (September 12, 2017).
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Less-Than-Fair-Value Investigation of Certain
Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from India,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is cold-drawn mechanical
tubing from India. For a complete description of the scope of this
investigation, see Appendix I.
Scope Comments
In accordance with the preamble to the Department's regulations,\4\
the Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\5\ Certain interested
parties commented on the scope of the investigation as it appeared in
the Initiation Notice, as well as additional language proposed by the
petitioners.\6\ For a summary of the product coverage comments and
rebuttal responses submitted to the record for this preliminary
determination, and accompanying discussion and analysis of all comments
timely received, see the Preliminary Scope Decision Memorandum.\7\ The
Department is preliminarily modifying the scope language as it appeared
in the Initiation Notice. See the revised scope in Appendix I to this
notice.
---------------------------------------------------------------------------
\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice.
\6\ ArcelorMittal Tubular Products, Michigan Seamless Tube, LLC,
PTC Alliance Corp., Plymouth Tube Co. USA, Webco Industries, Inc.,
and Zekelman Industries, Inc. (collectively, the petitioners).
\7\ See Memorandum, ``Certain Cold-Drawn Mechanical Tubing of
Carbon and Alloy Steel from the Federal Republic of Germany, India,
Italy, the Republic of Korea, the People's Republic of China, and
Switzerland: Scope Comments Decision Memorandum for the Preliminary
Determination'' (Preliminary Scope Decision Memorandum), dated
concurrently with this preliminary determination.
---------------------------------------------------------------------------
Methodology
The Department is conducting this investigation in accordance with
section 731 of the Act. Export prices were calculated in accordance
with section 772(a) of the Act. Normal value (NV) was calculated in
accordance with section 773 of the Act. For a full description of the
methodology underlying the preliminary determination, see the
Preliminary Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in
the preliminary determination the Department shall determine an
estimated all-others rate for all exporters and producers not
individually examined. This rate shall be an amount equal to the
weighted average of the estimated weighted-average dumping margins
established for exporters and producers individually investigated,
excluding any zero and de minimis margins, and any margins determined
entirely under section 776 of the Act.
In this investigation, the Department preliminarily found a zero
rate for Goodluck. Therefore, the only rate that is not zero, de
minimis, or based entirely on facts otherwise available is the rate
calculated for TPI. Consequently, the rate calculated for TPI is also
assigned for all-other producers and exporters.
Preliminary Determination
The Department preliminarily determines that the following
estimated weighted-average dumping margins exist: 8 9
---------------------------------------------------------------------------
\8\ See Memorandum, ``Calculations Performed for Goodluck India
Limited for the Preliminary Determination in the Antidumping Duty
Investigation of Cold Drawn Mechanical Tubing,'' dated concurrently
with this notice.
\9\ See Memorandum, ``Calculations Performed for Tube
Investments of India Ltd. and Tube Products of India, (collectively,
TPI) for the Preliminary Determination in the Antidumping Duty
Investigation of Cold Drawn Mechanical Tubing,'' dated concurrently
with this notice.
----------------------------------------------------------------------------------------------------------------
Estimated
weighted-average Cash deposit rate (adjusted
Producer Exporter dumping margin for subsidy offset(s))
(percent) (percent)
----------------------------------------------------------------------------------------------------------------
Goodluck India Limited............... Goodluck India Limited.. \8\ 0.00 Not Applicable.
Tube Products of India, Ltd. a unit Tube Products of India, \9\ 7.57 4.86.
of Tube Investments of India Limited Ltd. a unit of Tube
(collectively TPI). Investments of India
Limited (collectively
TPI).
All-Others........................... ........................ 7.57 4.86.
----------------------------------------------------------------------------------------------------------------
Consistent with section 733(b)(3) of the Act, the Department
disregards de minimis rates and preliminarily determines that these
individually examined respondents with de minimis rates have not made
sales of subject merchandise at LTFV.
Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, the Department
will direct U.S. Customs and Border Protection (CBP) to suspend
liquidation of entries of subject merchandise, as described in Appendix
I, entered, or withdrawn from warehouse, for consumption on or after
the date of publication of this notice in the Federal Register.
Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR
351.205(d), the Department will instruct CBP to require a cash deposit
[[Page 55569]]
equal to the estimated weighted-average dumping margin or the estimated
all-others rate, as follows: (1) The cash deposit rate for the
respondents listed above will be equal to the company-specific
estimated weighted-average dumping margins determined in this
preliminary determination; (2) if the exporter is not a respondent
identified above, but the producer is, then the cash deposit rate will
be equal to the company-specific estimated weighted-average dumping
margin established for that producer of the subject merchandise except
as explained below; and (3) the cash deposit rate for all other
producers and exporters will be equal to the all-others estimated
weighted-average dumping margin.
The Department normally adjusts cash deposits for estimated
antidumping duties by the amount of export subsidies countervailed in a
companion countervailing duty (CVD) proceeding, when CVD provisional
measures are in effect. Accordingly, where the Department preliminarily
made an affirmative determination for countervailable export subsidies,
the Department offset the estimated weighted-average dumping margin by
the appropriate CVD rate. The adjusted cash deposit rate may be found
in the Preliminary Determination section above. Should provisional
measures in the companion CVD investigation expire prior to the
expiration of provisional measures in this LTFV investigation, the
Department will direct CBP to begin collecting estimated antidumping
duty cash deposits unadjusted for countervailed export subsidies at the
time that the provisional CVD measures expire. These suspension of
liquidation instructions will remain in effect until further notice.
Because the estimated weighted-average dumping margin for Goodluck
India Limited is zero or de minimis, entries of shipments of subject
merchandise from this company will not be subject to suspension of
liquidation or cash deposit requirements. In such situations, the
Department applies the exclusion to the provisional measures to the
producer/exporter combination that was examined in the investigation.
Accordingly, the Department is directing CBP not to suspend liquidation
of entries of subject merchandise produced and exported by Goodluck
India Limited. Entries of shipments of subject merchandise from this
company in any other producer/exporter combination, or by third parties
that sourced subject merchandise from the excluded producer/exporter
combination, are subject to the provisional measures at the all others
rate.
Should the final estimated weighted-average dumping margin be zero
or de minimis for the producer/exporter combinations identified above,
entries of shipments of subject merchandise from these producer/
exporter combinations will be excluded from the potential antidumping
duty order. Such exclusions are not applicable to merchandise exported
to the United States by these respondents in any other producer/
exporter combinations or by third parties that sourced subject
merchandise from the excluded producer/exporter combinations.
Disclosure
The Department intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of this
notice in accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the Act, the Department intends
to verify the information relied upon in making its final
determination.
Public Comment
The Department is setting different deadlines for scope-related
case and rebuttal briefs, and case and rebuttal briefs addressing all
other issues.
Scope briefs may be submitted to the Assistant Secretary for
Enforcement and Compliance no later than five days after the
publication of the preliminary AD determinations for the PRC, Germany,
India, Italy, Korea, and Switzerland in the Federal Register. Rebuttal
scope briefs, limited to issues raised in the scope case briefs, may be
submitted no later than three days after the deadline for the scope
case briefs. These deadlines, which are based on publication in the
Federal Register of the preliminary determinations in the AD
investigations of cold-drawn mechanical tubing, apply for both the on-
going CVD and AD investigations. There is only one briefing schedule
for scope case and rebuttal briefs in the CVD and AD investigations.
For all scope issues, parties must file separate and identical
documents on the records of all of the ongoing CVD and AD cold-drawn
mechanical tubing investigations. No new factual information should be
included in scope case briefs or rebuttal scope briefs, and no
proprietary information should be submitted in the scope case briefs
and rebuttal scope briefs.
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing on the revised scope, limited to issues raised in the
scope case and rebuttal briefs, must submit a written request to the
Assistant Secretary for Enforcement and Compliance, U.S. Department of
Commerce, separate from the hearing on issues raised in case briefs,
within five days after the date of publication of this notice. Requests
should contain the party's name, address, and telephone number, the
number of participants, whether any participant is a foreign national,
and a list of the issues to be discussed. If a request for a hearing is
made, the Department intends to hold the hearing at the U.S. Department
of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230, at a
time and date to be determined. Parties should confirm by telephone the
date, time, and location of the hearing two days before the scheduled
date.
Scope comments may only be included in the scope case brief and
scope rebuttal brief. Should this investigation result in an order,
interested parties may submit requests for a scope ruling after the
issuance of any such order.
Case briefs or other nons-scope written comments may be submitted
to the Assistant Secretary for Enforcement and Compliance no later than
seven days after the date on which the last verification report is
issued in this investigation. Rebuttal briefs, limited to issues raised
in case briefs, may be submitted no later than five days after the
deadline date for case briefs.\10\ Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or rebuttal briefs in this
investigation are encouraged to submit with each argument: (1) A
statement of the issue; (2) a brief summary of the argument; and (3) a
table of authorities.
---------------------------------------------------------------------------
\10\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made, the
Department intends to hold the hearing at the U.S. Department of
Commerce,
[[Page 55570]]
1401 Constitution Avenue NW., Washington, DC 20230, at a time and date
to be determined. Parties should confirm by telephone the date, time,
and location of the hearing two days before the scheduled date.
Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of an
affirmative preliminary determination, a request for such postponement
is made by exporters who account for a significant proportion of
exports of the subject merchandise, or in the event of a negative
preliminary determination, a request for such postponement is made by
the petitioner. Section 351.210(e)(2) of the Department's regulations
requires that a request by exporters for postponement of the final
determination be accompanied by a request for extension of provisional
measures from a four-month period to a period not more than six months
in duration.
On October 31, 2017 and November 12, 2017 Goodluck and TPI,
pursuant to 19 CFR 351.210(e) and 19 CFR 351.210(b)(2)(ii),
respectively requested that the Department postpone the final
determination.\11\ On November 13, 2017, pursuant to 19 CFR 351.210(e),
the petitioners also requested that the Department postpone the final
determination and that provisional measures be extended to a period not
to exceed six months.\12\ In accordance with section 735(a)(2)(A) of
the Act and 19 CFR 351.210(b)(2)(ii), because: (1) The preliminary
determination is affirmative, in part; (2) the requesting exporter
accounts for a significant proportion of exports of the subject
merchandise; and (3) no compelling reasons for denial exist, the
Department is postponing the final determination and extending the
provisional measures from a four-month period to a period not greater
than six months. Accordingly, the Department will make its final
determination by no later than 135 days after the date of publication
of this preliminary determination, pursuant to section 735(a)(2) of the
Act.
---------------------------------------------------------------------------
\11\ See Letter from Goodluck, ``Goodluck Request to Extend the
Final Determination: Antidumping Duty Investigation on Certain Cold-
Drawn Mechanical Tubing of Carbon and Alloy Steel from India (A-533-
873),'' dated October 31, 2017; see also Letter from TPI, ``Certain
Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from India:
Request for Extension to Section ABC Supplemental Questionnaire,''
dated
\12\ See Letter from the petitioners, ``Certain Cold-Drawn
Mechanical Tubing of Carbon and Alloy Steel from China, Germany,
India, Italy, Korea and Switzerland--Petitioners' Comments Regarding
Extension of the Final Determination,'' dated November 13, 2017.
---------------------------------------------------------------------------
International Trade Commission Notification
In accordance with section 733(f) of the Act, the Department will
notify the International Trade Commission (ITC) of its preliminary
determination. If the final determination is affirmative, the ITC will
determine before the later of 120 days after the date of this
preliminary determination or 45 days after the final determination
whether these imports are materially injuring, or threaten material
injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: November 15, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The scope of this investigation covers cold-drawn mechanical
tubing of carbon and alloy steel (cold-drawn mechanical tubing) of
circular cross-section, 304.8 mm or more in length, 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. Other cold-finishing
operations that may be used to produce subject merchandise include
cold-rolling and cold-sizing the tubing.
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 10305-3,
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 this 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;
[[Page 55571]]
(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.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Discussion of the Methodology
A. Determination of the Comparison Method
B. Results of the Differential Pricing Analysis
VI. Date of Sale
VII. Product Comparisons
VIII. Export Price and Constructed Export Price
IX. Normal Value
A. Home Market Viability
B. Level of Trade
C. Cost of Production (COP) Analysis
1. Calculation of COP
2. Test of Comparison Market Sales Prices
3. Results of the COP Test
D. Calculation of NV Based on Comparison Market Prices
E. Calculation of NV Based on Constructed Value
X. Currency Conversion
XI. Conclusion
[FR Doc. 2017-25292 Filed 11-21-17; 8:45 am]
BILLING CODE 3510-DS-P
