Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel From the People's Republic of China: Preliminary Affirmative Determination of Sales at Less-Than-Fair Value and Preliminary Affirmative Determination of Critical Circumstances, in Part, and Postponement of Final Determination, 55574-55578 [2017-25294]

Download as PDF 55574 Federal Register / Vol. 82, No. 224 / Wednesday, November 22, 2017 / Notices asabaliauskas on DSKBBXCHB2PROD with NOTICES 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. Discussion of the Methodology A. Determination of the Comparison Method VerDate Sep<11>2014 18:57 Nov 21, 2017 Jkt 244001 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. 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 E. Calculation of NV Based on Comparison Market Prices X. Applications of Facts Available XI. Currency Conversion XII. Conclusion [FR Doc. 2017–25293 Filed 11–21–17; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–058] Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel From the People’s Republic of China: Preliminary Affirmative Determination of Sales at Less-Than-Fair Value and Preliminary Affirmative Determination of Critical Circumstances, in Part, and Postponement of Final Determination 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 the People’s Republic of China (PRC) is being sold in the United States at less than fair value (LTFV). The period of investigation (POI) is October 1, 2016, through March 31, 2017. DATES: Applicable November 22, 2017. FOR FURTHER INFORMATION CONTACT: Keith Haynes or Paul Stolz, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–5139 or (202) 482–4474, respectively. AGENCY: SUPPLEMENTARY INFORMATION: Background 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 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 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 http://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 the PRC. 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 1 See Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from the People’s Republic of China: Initiation of Less-Than-Fair-Value Investigation, 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 ‘‘Decision Memorandum for Preliminary Determination for the Antidumping Duty Investigation of Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from the People’s Republic of China,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 4 See Antidumping Duties; Countervailing Duties, 62 FR 27296, 27323 (May 19, 1997). 5 See Initiation Notice, 82 FR at 22492. 6 ArcelorMittal Tubular Products, Michigan Seamless Tube, LLC, PTC Alliance Corp., Plymouth Tube Co. USA, Webco Industries, Inc., and E:\FR\FM\22NON1.SGM 22NON1 Federal Register / Vol. 82, No. 224 / Wednesday, November 22, 2017 / Notices 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. Because the PRC is a non-market economy within the meaning of section 771(18) of the Act, normal value (NV) was calculated in accordance with section 773(c) of the Act. For a full description of the methodology underlying our determinations, see the Preliminary Decision Memorandum. Preliminary Affirmative Determination of Critical Circumstances In accordance with section 733(e) of the Act and 19 CFR 351.206, the Department preliminarily determines that critical circumstances exist with respect to imports of cold-drawn mechanical tubing from the PRC for mandatory respondent Jiangsu Hongyi Steel Pipe Co., Ltd. (Hongyi), the separate-rate companies,8 and the PRC- wide entity, but do not exist for mandatory respondent Zhangjiagang Huacheng Import & Export Co., Ltd. (Huacheng). For a full description of the methodology and results of the Department’s critical circumstances analysis, see the Preliminary Decision Memorandum. Use of Adverse Facts Available The Department preliminarily determines that Hongyi and the PRCwide entity, which includes certain PRC exporters and/or producers that did not respond to the Department’s requests for information, withheld information requested by the Department and significantly impeded this proceeding by not submitting requested information. Specifically, all companies within the PRC-wide entity that failed to respond to the Department’s request for quantity and value (Q&V) information failed to provide requested information, impeding the Department’s investigation.9 Furthermore, the Department finds that the PRC-wide entity’s lack of participation, including the failure of certain parts of the PRCwide entity to submit Q&V information, constitutes circumstances under which it is reasonable to conclude that the PRC-wide entity as a whole failed to cooperate to the best of its ability to comply with the Department’s request for information.10 Additionally, the Department finds that the use of facts 55575 available with adverse inferences is warranted for Hongyi. For further discussion, see the Preliminary Decision Memorandum. Therefore, we preliminarily find that an adverse inference is warranted in selecting from among the facts otherwise available with respect to the PRC-wide entity and Hongyi in accordance with sections 776(a) and 776(b) of the Act and 19 CFR 351.308(a). As adverse facts available, we have preliminarily assigned the PRC-wide entity and Hongyi a rate of 186.89 percent. Further, with respect to critical circumstances, we have preliminarily determined, based on adverse facts available, that the PRC-wide entity and Hongyi dumped ‘‘massive imports’’ over a ‘‘relatively short period.’’ For further explanation and analysis, see the Preliminary Decision Memorandum. Combination Rates In the Initiation Notice,11 the Department stated that it would calculate producer/exporter combination rates for the respondents that are eligible for a separate rate in this investigation. Policy Bulletin 05.1 describes this practice.12 Preliminary Determination The Department preliminarily determines that the following estimated weighted-average dumping margins exist: Weightedaverage margin (percent) Cash deposit adjusted for subsidy offset (percent) Exporter Jiangsu Hongyi Steel Pipe Co., Ltd ............................. Zhangjiagang Huacheng Import & Export Co., Ltd ...... Anji Pengda Steel Pipe Co., Ltd .................................. Changshu Fushilai Steel Pipe Co., Ltd ........................ Changshu Special Shaped Steel Tube Co., Ltd .......... Jiangsu Liwan Precision Tube Manufacturing Co., Ltd Zhangjiagang Precision Tube Manufacturing Co., Ltd. (Zhangjiangang Tube). Wuxi Dajin High-Precision Cold-Drawn Steel Tube Co., Ltd. Zhangjiagang Shengdingyuan Pipe-Making Co., Ltd ... Zhejiang Minghe Steel Pipe Co., Ltd ........................... Zhejiang Dingxin Steel Tube Manufacturing Co., Ltd .. PRC-Wide Entity ........................................................... asabaliauskas on DSKBBXCHB2PROD with NOTICES Producer Jiangsu Hongyi Steel Pipe Co., Ltd ............................. Zhangjiagang Huacheng Import & Export Co., Ltd ...... Anji Pengda Steel Pipe Co., Ltd .................................. Changshu Fushilai Steel Pipe Co., Ltd ........................ Changshu Special Shaped Steel Tube Co., Ltd .......... Suzhou Foster International Co., Ltd ........................... Suzhou Foster International Co., Ltd ........................... 186.89 61.59 61.59 61.59 61.59 61.59 61.59 186.89 61.57 61.58 61.58 61.58 61.58 61.58 Wuxi Huijin International Trade Co., Ltd ...................... 61.59 61.58 Zhangjiagang Shengdingyuan Pipe-Making Co., Ltd ... Zhejiang Minghe Steel Pipe Co., Ltd ........................... Zhejiang Dingxin Steel Tube Manufacturing Co., Ltd .. ....................................................................................... 61.59 61.59 61.59 186.89 61.58 61.58 61.58 186.89 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. 8 Anji Pengda Steel Pipe Co., Ltd., Changshu Fushilai Steel Pipe Co., Ltd., Changshu Special VerDate Sep<11>2014 18:57 Nov 21, 2017 Jkt 244001 Shaped Steel Tube Co., Ltd., Zhejiang Dingxin Steel Tube Manufacturing Co., Ltd, Suzhou Foster International, Hongyi, Zhangjiagang Shengdingyuan Pipe-Making Co., Ltd., Wuxi Huijin International Trade Co., Ltd., and Zhejiang Minghe Steel. 9 Id. 10 See Nippon Steel Corporation v. United States, 337 F.3d 1373, 1383 (Fed. Cir. 2003) (noting that the Department need not show intentional conduct existed on the part of the respondent, but merely that a ‘‘failure to cooperate to the best of a respondent’s ability’’ existed (i.e., information was PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 not provided ‘‘under circumstances in which it is reasonable to conclude that less than full cooperation has been shown.’’)). 11 See Initiation Notice. 12 See Enforcement and Compliance’s Policy Bulletin No. 05.1, regarding, ‘‘Separate-Rates Practice and Application of Combination Rates in Antidumping Investigations involving Non-Market Economy Countries,’’ (April 5, 2005) (Policy Bulletin 05.1), available on the Department’s Web site at http://enforcement.trade.gov/policy/bull05– 1.pdf. E:\FR\FM\22NON1.SGM 22NON1 asabaliauskas on DSKBBXCHB2PROD with NOTICES 55576 Federal Register / Vol. 82, No. 224 / Wednesday, November 22, 2017 / Notices 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 subject merchandise as described in the scope of the investigation section entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register, as discussed below. 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 equal to the weighted average amount by which normal value exceeds U.S. price, as indicated in the chart above as follows: (1) For the producer/exporter combinations listed in the table above, the cash deposit rate is equal to the estimated weightedaverage dumping margin listed for that combination in the table; (2) for all combinations of PRC producers/ exporters of merchandise under consideration that have not established eligibility for their own separate rates, the cash deposit rate will be equal to the estimated weighted-average dumping margin established for the PRC-wide entity; and (3) for all third-county exporters of merchandise under consideration not listed in the table above, the cash deposit rate is the cash deposit rate applicable to the PRC producer/exporter combination (or the PRC-wide entity) that supplied that third-country exporter Section 733(e)(2) of the Act provides that, given an affirmative determination of critical circumstances, any suspension of liquidation shall apply to unliquidated entries of merchandise entered, or withdrawn from warehouse, for consumption on or after the later of (a) the date which is 90 days before the date on which the suspension of liquidation was first ordered, or (b) the date on which notice of initiation of the investigation was published. The Department preliminarily finds that critical circumstances exist for imports of cold-drawn mechanical tubing from the PRC from the following producer/ exporter combinations: Jiangsu Hongyi Steel Pipe Co., Ltd./Jiangsu Hongyi Steel Pipe Co., Ltd., the separate rate respondents, and the PRC-wide entity. In accordance with section 733(e)(2)(A) of the Act, the suspension of liquidation shall apply to unliquidated entries of merchandise entered, or withdrawn from warehouse, for consumption on or after the date which is 90 days before the publication of this notice. To determine the cash deposit rate, the Department normally adjusts the estimated weighted-average dumping VerDate Sep<11>2014 18:57 Nov 21, 2017 Jkt 244001 margin by the amount of domestic subsidy pass-through and export subsidies determined in a companion CVD proceeding when CVD provisional measures are in effect. Accordingly, where the Department has made a preliminary affirmative determination for domestic subsidy pass-through or export subsidies, the Department has offset the calculated estimated weighted-average dumping margin by the appropriate rate(s). Any such adjusted rates may be found in the Preliminary Determination Section’s chart of estimated weighted-average dumping margins 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 cash deposits at a rate equal to the estimated weighted-average dumping margins calculated in this preliminary determination unadjusted for the passed-through domestic subsidies or for export subsidies at the time the CVD provisional measures expire. These suspension of liquidation instructions will remain in effect until further notice. 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 Petitioners. 19 CFR 351.210(e)(2) requires that requests by respondents for postponement of a final antidumping 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 27, 2017, and October 30, 2017, respectively, pursuant to 19 CFR 351.210(b) and (e), Hongyi and Huacheng requested that, contingent upon an affirmative preliminary determination of sales at LTFV for the respondents, the Department postpone the final determination and that provisional measures be extended to a period not to exceed six months.13 13 See Hongyi’s letter, ‘‘Hongyi’s Request to Extend the Final Determination: Antidumping Duty Investigation of Certain Cold-Drawn Mechanical PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because (1) our preliminary determination is affirmative; (2) the requesting exporter accounts for a significant proportion of exports of the subject merchandise; and (3) no compelling reasons for denial exist, we are postponing the final determination and extending the provisional measures from a four-month period to a period not greater than six months. Accordingly, we will make our final determination no later than 135 days after the date of publication of this preliminary determination, pursuant to section 735(a)(2) of the Act.14 Disclosure The Department intends to disclose to interested parties the calculations performed in connection with this preliminary determination within five days of its 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). 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 Tubing of Carbon and Alloy Steel from the People’s Republic of China (A–570–058),’’ dated October 27, 2017; also see Huacheng’s letter, ‘‘Certain ColdDrawn Mechanical Tubing of Carbon and Alloy Steel from the People’s Republic of China: Request to Extend the Final Determination,’’ dated October 30, 2017. 14 See also 19 CFR 351.210(e). E:\FR\FM\22NON1.SGM 22NON1 asabaliauskas on DSKBBXCHB2PROD with NOTICES Federal Register / Vol. 82, No. 224 / Wednesday, November 22, 2017 / Notices 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 non-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, unless the Secretary alters the time limit. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than five days after the deadline date for case briefs.15 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 15 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). VerDate Sep<11>2014 18:57 Nov 21, 2017 Jkt 244001 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. International Trade Commission Notification In accordance with section 733(f) of the Act, the Department will notify the ITC of our preliminary affirmative determination of sales at LTFV. 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 date of this preliminary determination or 45 days after the final determination whether imports of the subject merchandise 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 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 55577 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 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 E:\FR\FM\22NON1.SGM 22NON1 55578 Federal Register / Vol. 82, No. 224 / Wednesday, November 22, 2017 / Notices 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 asabaliauskas on DSKBBXCHB2PROD with NOTICES List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Scope Comments V. Selection of Respondents VI. Preliminary Affirmative Determination of Critical Circumstances, in Part VII. Discussion of the Methodology VIII. Currency Conversion IX. Adjustment for Countervailable Export Subsidies X. Adjustment Under Section 777A(f) of the Act XI. Postponement of Preliminary Determination XII. Verification XIII. U.S. International Trade Commission Notification XIV. Conclusion [FR Doc. 2017–25294 Filed 11–21–17; 8:45 am] BILLING CODE 3510–DS–P VerDate Sep<11>2014 18:57 Nov 21, 2017 Jkt 244001 DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B–071–2017] Foreign-Trade Zone (FTZ) 52— Jamaica, New York; Notification of Proposed Production Activity; Advanced Optowave Corporation; (Diode Pumped Solid State Laser Systems/Manufacturing); Ronkonkoma, New York Suffolk County, grantee of FTZ 52, submitted a notification of proposed production activity to the FTZ Board on behalf of Advanced Optowave Corporation (Advanced Optowave), located in Ronkonkoma, New York. The notification conforming to the requirements of the regulations of the FTZ Board (15 CFR 400.22) was received on November 8, 2017. The Advanced Optowave facility is located within FTZ 52, Site 5. The facility will be used for the production of diode pumped solid state laser systems (including the controller and laser). Pursuant to 15 CFR 400.14(b), FTZ activity would be limited to the specific foreign-status materials and components and specific finished products described in the submitted notification (as described below) and subsequently authorized by the FTZ Board. Production under FTZ procedures could exempt Advanced Optowave from customs duty payments on the foreignstatus components used in export production. On its domestic sales, for the foreign-status materials/components noted below, Advanced Optowave would be able to choose the duty rates during customs entry procedures that apply to diode pumped solid state laser systems (including the controller) (dutyfree). Advanced Optowave would be able to avoid duty on foreign-status components which become scrap/waste. Customs duties also could possibly be deferred or reduced on foreign-status production equipment. The components and materials sourced from abroad include: Optics (laser crystal—neodymium-doped yttrium orthovanadate (ND:YV04); lithium triborate crystal; laser mirror; window optics; optical lens; optical fiber); laser diode; radio frequency driver; thermistor; thermal electric cooler; printed circuit board (populated); computer power supply unit; aluminum mechanical parts (second harmonic generation (SHG) top cover; SHG bottom cover; third harmonic generation (THG) top cover; THG bottom cover; SHG base; THG base; harmonic base; clamp; mirror mount; PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 lens barrel mount; lens barrel mount Tbase; lens barrel; lens barrel spacer; laser crystal cover; laser base; desiccant guard; shutter mount; aperture base small; aperture disc; aperture base wide; wire adapter; windows mount; Q switch mount; heat sink; housing body; housing main cover; housing end cover; housing box umbilical adapter; housing leg double slit; housing leg single slit; housing diode cooling plate; housing duel fan cooling plate) (duty rate ranges from duty-free to 5.5%). Public comment is invited from interested parties. Submissions shall be addressed to the Board’s Executive Secretary at the address below. The closing period for their receipt is January 2, 2018. A copy of the notification will be available for public inspection at the Office of the Executive Secretary, Foreign-Trade Zones Board, Room 21013, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230–0002, and in the ‘‘Reading Room’’ section of the Board’s Web site, which is accessible via www.trade.gov/ftz. For further information, contact Juanita Chen at juanita.chen@trade.gov or (202) 482–1378. Dated: November 17, 2017. Andrew McGilvray, Executive Secretary. [FR Doc. 2017–25281 Filed 11–21–17; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Marine Mammals and Endangered Species National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; issuance of permits and permit amendments. AGENCY: Notice is hereby given that permits or permit amendments have been issued to the following entities under the Marine Mammal Protection Act (MMPA) and the Endangered Species Act (ESA), as applicable. ADDRESSES: The permits and related documents are available for review upon written request or by appointment in the Permits and Conservation Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; phone (301) 427–8401; fax (301) 713–0376. SUMMARY: E:\FR\FM\22NON1.SGM 22NON1

Agencies

[Federal Register Volume 82, Number 224 (Wednesday, November 22, 2017)]
[Notices]
[Pages 55574-55578]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25294]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-058]


Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel 
From the People's Republic of China: Preliminary Affirmative 
Determination of Sales at Less-Than-Fair Value and Preliminary 
Affirmative Determination of Critical Circumstances, in Part, and 
Postponement of Final Determination

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 the People's Republic 
of China (PRC) is being sold in the United States at less than fair 
value (LTFV). The period of investigation (POI) is October 1, 2016, 
through March 31, 2017.

DATES: Applicable November 22, 2017.

FOR FURTHER INFORMATION CONTACT: Keith Haynes or Paul Stolz, AD/CVD 
Operations, Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-5139 or (202) 482-4474, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    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 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 http://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 People's Republic of China: Initiation of Less-Than-
Fair-Value Investigation, 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 ``Decision Memorandum for Preliminary Determination for 
the Antidumping Duty Investigation of Certain Cold-Drawn Mechanical 
Tubing of Carbon and Alloy Steel from the People's Republic of 
China,'' 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 the PRC. 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

[[Page 55575]]

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, 62 FR 27296, 
27323 (May 19, 1997).
    \5\ See Initiation Notice, 82 FR at 22492.
    \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. Because the PRC is a non-market economy 
within the meaning of section 771(18) of the Act, normal value (NV) was 
calculated in accordance with section 773(c) of the Act. For a full 
description of the methodology underlying our determinations, see the 
Preliminary Decision Memorandum.

Preliminary Affirmative Determination of Critical Circumstances

    In accordance with section 733(e) of the Act and 19 CFR 351.206, 
the Department preliminarily determines that critical circumstances 
exist with respect to imports of cold-drawn mechanical tubing from the 
PRC for mandatory respondent Jiangsu Hongyi Steel Pipe Co., Ltd. 
(Hongyi), the separate-rate companies,\8\ and the PRC-wide entity, but 
do not exist for mandatory respondent Zhangjiagang Huacheng Import & 
Export Co., Ltd. (Huacheng). For a full description of the methodology 
and results of the Department's critical circumstances analysis, see 
the Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    \8\ Anji Pengda Steel Pipe Co., Ltd., Changshu Fushilai Steel 
Pipe Co., Ltd., Changshu Special Shaped Steel Tube Co., Ltd., 
Zhejiang Dingxin Steel Tube Manufacturing Co., Ltd, Suzhou Foster 
International, Hongyi, Zhangjiagang Shengdingyuan Pipe-Making Co., 
Ltd., Wuxi Huijin International Trade Co., Ltd., and Zhejiang Minghe 
Steel.
---------------------------------------------------------------------------

Use of Adverse Facts Available

    The Department preliminarily determines that Hongyi and the PRC-
wide entity, which includes certain PRC exporters and/or producers that 
did not respond to the Department's requests for information, withheld 
information requested by the Department and significantly impeded this 
proceeding by not submitting requested information. Specifically, all 
companies within the PRC-wide entity that failed to respond to the 
Department's request for quantity and value (Q&V) information failed to 
provide requested information, impeding the Department's 
investigation.\9\ Furthermore, the Department finds that the PRC-wide 
entity's lack of participation, including the failure of certain parts 
of the PRC-wide entity to submit Q&V information, constitutes 
circumstances under which it is reasonable to conclude that the PRC-
wide entity as a whole failed to cooperate to the best of its ability 
to comply with the Department's request for information.\10\ 
Additionally, the Department finds that the use of facts available with 
adverse inferences is warranted for Hongyi. For further discussion, see 
the Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    \9\ Id.
    \10\ See Nippon Steel Corporation v. United States, 337 F.3d 
1373, 1383 (Fed. Cir. 2003) (noting that the Department need not 
show intentional conduct existed on the part of the respondent, but 
merely that a ``failure to cooperate to the best of a respondent's 
ability'' existed (i.e., information was not provided ``under 
circumstances in which it is reasonable to conclude that less than 
full cooperation has been shown.'')).
---------------------------------------------------------------------------

    Therefore, we preliminarily find that an adverse inference is 
warranted in selecting from among the facts otherwise available with 
respect to the PRC-wide entity and Hongyi in accordance with sections 
776(a) and 776(b) of the Act and 19 CFR 351.308(a). As adverse facts 
available, we have preliminarily assigned the PRC-wide entity and 
Hongyi a rate of 186.89 percent. Further, with respect to critical 
circumstances, we have preliminarily determined, based on adverse facts 
available, that the PRC-wide entity and Hongyi dumped ``massive 
imports'' over a ``relatively short period.'' For further explanation 
and analysis, see the Preliminary Decision Memorandum.

Combination Rates

    In the Initiation Notice,\11\ the Department stated that it would 
calculate producer/exporter combination rates for the respondents that 
are eligible for a separate rate in this investigation. Policy Bulletin 
05.1 describes this practice.\12\
---------------------------------------------------------------------------

    \11\ See Initiation Notice.
    \12\ See Enforcement and Compliance's Policy Bulletin No. 05.1, 
regarding, ``Separate-Rates Practice and Application of Combination 
Rates in Antidumping Investigations involving Non-Market Economy 
Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available on 
the Department's Web site at http://enforcement.trade.gov/policy/bull05-1.pdf.
---------------------------------------------------------------------------

Preliminary Determination

    The Department preliminarily determines that the following 
estimated weighted-average dumping margins exist:

 
----------------------------------------------------------------------------------------------------------------
                                                                                                   Cash deposit
                                                                                     Weighted-     adjusted for
                   Producer                                 Exporter              average margin  subsidy offset
                                                                                     (percent)       (percent)
----------------------------------------------------------------------------------------------------------------
Jiangsu Hongyi Steel Pipe Co., Ltd............  Jiangsu Hongyi Steel Pipe Co.,            186.89          186.89
                                                 Ltd.
Zhangjiagang Huacheng Import & Export Co., Ltd  Zhangjiagang Huacheng Import &             61.59           61.57
                                                 Export Co., Ltd.
Anji Pengda Steel Pipe Co., Ltd...............  Anji Pengda Steel Pipe Co., Ltd.           61.59           61.58
Changshu Fushilai Steel Pipe Co., Ltd.........  Changshu Fushilai Steel Pipe               61.59           61.58
                                                 Co., Ltd.
Changshu Special Shaped Steel Tube Co., Ltd...  Changshu Special Shaped Steel              61.59           61.58
                                                 Tube Co., Ltd.
Jiangsu Liwan Precision Tube Manufacturing      Suzhou Foster International Co.,           61.59           61.58
 Co., Ltd.                                       Ltd.
Zhangjiagang Precision Tube Manufacturing Co.,  Suzhou Foster International Co.,           61.59           61.58
 Ltd. (Zhangjiangang Tube).                      Ltd.
Wuxi Dajin High-Precision Cold-Drawn Steel      Wuxi Huijin International Trade            61.59           61.58
 Tube Co., Ltd.                                  Co., Ltd.
Zhangjiagang Shengdingyuan Pipe-Making Co.,     Zhangjiagang Shengdingyuan Pipe-           61.59           61.58
 Ltd.                                            Making Co., Ltd.
Zhejiang Minghe Steel Pipe Co., Ltd...........  Zhejiang Minghe Steel Pipe Co.,            61.59           61.58
                                                 Ltd.
Zhejiang Dingxin Steel Tube Manufacturing Co.,  Zhejiang Dingxin Steel Tube                61.59           61.58
 Ltd.                                            Manufacturing Co., Ltd.
PRC-Wide Entity...............................  ................................          186.89          186.89
----------------------------------------------------------------------------------------------------------------


[[Page 55576]]

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 subject merchandise as described in the scope of the 
investigation section entered, or withdrawn from warehouse, for 
consumption on or after the date of publication of this notice in the 
Federal Register, as discussed below. 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 equal to the weighted average 
amount by which normal value exceeds U.S. price, as indicated in the 
chart above as follows: (1) For the producer/exporter combinations 
listed in the table above, the cash deposit rate is equal to the 
estimated weighted-average dumping margin listed for that combination 
in the table; (2) for all combinations of PRC producers/exporters of 
merchandise under consideration that have not established eligibility 
for their own separate rates, the cash deposit rate will be equal to 
the estimated weighted-average dumping margin established for the PRC-
wide entity; and (3) for all third-county exporters of merchandise 
under consideration not listed in the table above, the cash deposit 
rate is the cash deposit rate applicable to the PRC producer/exporter 
combination (or the PRC-wide entity) that supplied that third-country 
exporter
    Section 733(e)(2) of the Act provides that, given an affirmative 
determination of critical circumstances, any suspension of liquidation 
shall apply to unliquidated entries of merchandise entered, or 
withdrawn from warehouse, for consumption on or after the later of (a) 
the date which is 90 days before the date on which the suspension of 
liquidation was first ordered, or (b) the date on which notice of 
initiation of the investigation was published. The Department 
preliminarily finds that critical circumstances exist for imports of 
cold-drawn mechanical tubing from the PRC from the following producer/
exporter combinations: Jiangsu Hongyi Steel Pipe Co., Ltd./Jiangsu 
Hongyi Steel Pipe Co., Ltd., the separate rate respondents, and the 
PRC-wide entity. In accordance with section 733(e)(2)(A) of the Act, 
the suspension of liquidation shall apply to unliquidated entries of 
merchandise entered, or withdrawn from warehouse, for consumption on or 
after the date which is 90 days before the publication of this notice.
    To determine the cash deposit rate, the Department normally adjusts 
the estimated weighted-average dumping margin by the amount of domestic 
subsidy pass-through and export subsidies determined in a companion CVD 
proceeding when CVD provisional measures are in effect. Accordingly, 
where the Department has made a preliminary affirmative determination 
for domestic subsidy pass-through or export subsidies, the Department 
has offset the calculated estimated weighted-average dumping margin by 
the appropriate rate(s). Any such adjusted rates may be found in the 
Preliminary Determination Section's chart of estimated weighted-average 
dumping margins 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 cash 
deposits at a rate equal to the estimated weighted-average dumping 
margins calculated in this preliminary determination unadjusted for the 
passed-through domestic subsidies or for export subsidies at the time 
the CVD provisional measures expire.
    These suspension of liquidation instructions will remain in effect 
until further notice.

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 
Petitioners. 19 CFR 351.210(e)(2) requires that requests by respondents 
for postponement of a final antidumping 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 27, 2017, and October 30, 2017, respectively, pursuant 
to 19 CFR 351.210(b) and (e), Hongyi and Huacheng requested that, 
contingent upon an affirmative preliminary determination of sales at 
LTFV for the respondents, the Department postpone the final 
determination and that provisional measures be extended to a period not 
to exceed six months.\13\
---------------------------------------------------------------------------

    \13\ See Hongyi's letter, ``Hongyi's Request to Extend the Final 
Determination: Antidumping Duty Investigation of Certain Cold-Drawn 
Mechanical Tubing of Carbon and Alloy Steel from the People's 
Republic of China (A-570-058),'' dated October 27, 2017; also see 
Huacheng's letter, ``Certain Cold-Drawn Mechanical Tubing of Carbon 
and Alloy Steel from the People's Republic of China: Request to 
Extend the Final Determination,'' dated October 30, 2017.
---------------------------------------------------------------------------

    In accordance with section 735(a)(2)(A) of the Act and 19 CFR 
351.210(b)(2)(ii), because (1) our preliminary determination is 
affirmative; (2) the requesting exporter accounts for a significant 
proportion of exports of the subject merchandise; and (3) no compelling 
reasons for denial exist, we are postponing the final determination and 
extending the provisional measures from a four-month period to a period 
not greater than six months. Accordingly, we will make our final 
determination no later than 135 days after the date of publication of 
this preliminary determination, pursuant to section 735(a)(2) of the 
Act.\14\
---------------------------------------------------------------------------

    \14\ See also 19 CFR 351.210(e).
---------------------------------------------------------------------------

Disclosure

    The Department intends to disclose to interested parties the 
calculations performed in connection with this preliminary 
determination within five days of its 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).

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

[[Page 55577]]

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 non-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, unless the Secretary alters the time 
limit. Rebuttal briefs, limited to issues raised in case briefs, may be 
submitted no later than five days after the deadline date for case 
briefs.\15\ 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, 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.
---------------------------------------------------------------------------

    \15\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
---------------------------------------------------------------------------

International Trade Commission Notification

    In accordance with section 733(f) of the Act, the Department will 
notify the ITC of our preliminary affirmative determination of sales at 
LTFV. 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 date of this preliminary 
determination or 45 days after the final determination whether imports 
of the subject merchandise 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

[[Page 55578]]

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. Selection of Respondents
VI. Preliminary Affirmative Determination of Critical Circumstances, 
in Part
VII. Discussion of the Methodology
VIII. Currency Conversion
IX. Adjustment for Countervailable Export Subsidies
X. Adjustment Under Section 777A(f) of the Act
XI. Postponement of Preliminary Determination
XII. Verification
XIII. U.S. International Trade Commission Notification
XIV. Conclusion

[FR Doc. 2017-25294 Filed 11-21-17; 8:45 am]
BILLING CODE 3510-DS-P