Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel From Switzerland: Amended Preliminary Determination of Sales at Less Than Fair Value, 345-347 [2017-28405]
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sradovich on DSK3GMQ082PROD with NOTICES
Federal Register / Vol. 83, No. 2 / Wednesday, January 3, 2018 / Notices
set forth herein are intended for
inclusion within the definition of
subject merchandise.
All multilayered wood flooring is
included within the definition of subject
merchandise, without regard to:
Dimension (overall thickness, thickness
of face ply, thickness of back ply,
thickness of core, and thickness of inner
plies; width; and length); wood species
used for the face, back, and inner
veneers; core composition; and face
grade. Multilayered wood flooring
included within the definition of subject
merchandise may be unfinished (i.e.,
without a finally finished surface to
protect the face veneer from wear and
tear) or ‘‘prefinished’’ (i.e., a coating
applied to the face veneer, including,
but not exclusively, oil or oil-modified
or water-based polyurethanes,
ultraviolet light cured polyurethanes,
wax, epoxy-ester finishes, moisturecured urethanes and acid-curing
formaldehyde finishes). The veneers
may be also soaked in an acrylicimpregnated finish. All multilayered
wood flooring is included within the
definition of subject merchandise
regardless of whether the face (or back)
of the product is smooth, wire brushed,
distressed by any method or multiple
methods, or hand-scraped. In addition,
all multilayered wood flooring is
included within the definition of subject
merchandise regardless of whether or
not it is manufactured with any
interlocking or connecting mechanism
(for example, tongue-and-groove
construction or locking joints). All
multilayered wood flooring is included
within the definition of the subject
merchandise regardless of whether the
product meets a particular industry or
similar standard.
The core of multilayered wood
flooring may be composed of a range of
materials, including but not limited to
hardwood or softwood veneer,
particleboard, medium-density
fiberboard, high-density fiberboard
(HDF), stone and/or plastic composite,
or strips of lumber placed edge-to-edge.
Multilayered wood flooring products
generally, but not exclusively, may be in
the form of a strip, plank, or other
geometrical patterns (e.g., circular,
hexagonal). All multilayered wood
flooring products are included within
this definition regardless of the actual or
nominal dimensions or form of the
product. Specifically excluded from the
scope are cork flooring and bamboo
flooring, regardless of whether any of
the sub-surface layers of either flooring
are made from wood. Also excluded is
laminate flooring. Laminate flooring
consists of a top wear layer sheet not
made of wood, a decorative paper layer,
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a core-layer of HDF, and a stabilizing
bottom layer.
Imports of the subject merchandise
are provided for under the following
subheadings of the Harmonized Tariff
Schedule of the United States (HTSUS):
4412.31.0520; 4412.31.0540;
4412.31.0560; 4412.31.2510;
4412.31.2520; 4412.31.4040;
4412.31.4050; 4412.31.4060;
4412.31.4070; 4412.31.4075;
4412.31.4080; 4412.31.5125;
4412.31.5135; 4412.31.5155;
4412.31.5165; 4412.31.6000;
4412.31.9100; 4412.32.0520;
4412.32.0540; 4412.32.0560;
4412.32.0565; 4412.32.0570;
4412.32.2510; 4412.32.2520;
4412.32.2525; 4412.32.2530;
4412.32.3125; 4412.32.3135;
4412.32.3155; 4412.32.3165;
4412.32.3175; 4412.32.3185;
4412.32.5600; 4412.39.1000;
4412.39.3000; 4412.39.4011;
4412.39.4012; 4412.39.4019;
4412.39.4031; 4412.39.4032;
4412.39.4039; 4412.39.4051;
4412.39.4052; 4412.39.4059;
4412.39.4061; 4412.39.4062;
4412.39.4069; 4412.39.5010;
4412.39.5030; 4412.39.5050;
4412.94.1030; 4412.94.1050;
4412.94.3105; 4412.94.3111;
4412.94.3121; 4412.94.3131;
4412.94.3141; 4412.94.3160;
4412.94.3171; 4412.94.4100;
4412.94.5100; 4412.94.6000;
4412.94.7000; 4412.94.8000;
4412.94.9000; 4412.94.9500;
4412.99.0600; 4412.99.1020;
4412.99.1030; 4412.99.1040;
4412.99.3110; 4412.99.3120;
4412.99.3130; 4412.99.3140;
4412.99.3150; 4412.99.3160;
4412.99.3170; 4412.99.4100;
4412.99.5100; 4412.99.5105;
4412.99.5115; 4412.99.5710;
4412.99.6000; 4412.99.7000;
4412.99.8000; 4412.99.9000;
4412.99.9500; 4418.71.2000;
4418.71.9000; 4418.72.2000;
4418.72.9500; and 9801.00.2500.
While HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
subject merchandise is dispositive.
Continuation of the Orders
As a result of the determinations by
Commerce and the ITC that revocation
of the Orders would likely lead to a
continuation or recurrence of dumping
and countervailable subsidies and
material injury to an industry in the
United States, pursuant to section
751(d)(2) of the Act and 19 CFR
351.218(a), Commerce hereby orders the
continuation of these Orders on
multilayered wood flooring from China.
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345
U.S. Customs and Border Protection will
continue to collect AD and CVD cash
deposits at the rates in effect at the time
of entry for all imports of subject
merchandise.
The effective date of the continuation
of these Orders will be the date of
publication in the Federal Register of
this notice of continuation. Pursuant to
section 751(c)(2) of the Act, Commerce
intends to initiate the next five-year
review of these Orders not later than 30
days prior to the fifth anniversary of the
effective date of continuation.
These five-year sunset reviews and
this notice are in accordance with
section 751(c) of the Act and published
pursuant to section 777(i)(1) of the Act
and 19 CFR 351.218(f)(4).
Dated: December 21, 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.
[FR Doc. 2017–28202 Filed 1–2–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Adminstration
[A–441–801]
Certain Cold-Drawn Mechanical Tubing
of Carbon and Alloy Steel From
Switzerland: Amended Preliminary
Determination of Sales at Less Than
Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is amending the
preliminary determination of sales at
less than fair value (LTFV) in the
antidumping duty investigation of
certain cold-drawn mechanical tubing of
carbon and alloy steel (cold-drawn
mechanical tubing) from Switzerland to
correct significant ministerial errors
alleged by each of the mandatory
respondents in this proceeding.
DATES: Applicable January 3, 2018.
FOR FURTHER INFORMATION CONTACT:
Laurel LaCivita, AD/CVD Operations,
Office III, and 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:
E:\FR\FM\03JAN1.SGM
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346
Federal Register / Vol. 83, No. 2 / Wednesday, January 3, 2018 / Notices
Background
On November 22, 2017, Commerce
published in the Federal Register the
Preliminary Determination that colddrawn mechanical tubing from
Switzerland is being, or is likely to be,
sold in the United States at LTFV, as
provided in section 733 of the Tariff Act
of 1930, as amended (Act).1 On
November 22, 2017, and December 7,
2017, Benteler Rothrist AG (Benteler
¨
Rothrist) and Mubea Prazisionsstahlrohr
AG and Mubea Inc. (collectively,
Mubea), respectively, alleged that
Commerce made significant ministerial
errors in the Preliminary
Determination.2
Period of Investigation
The period of investigation (POI) is
April 1, 2016, through March 31, 2017.
Scope of Investigation
The product covered by this
investigation is cold-drawn mechanical
tubing from Switzerland. Since the
publication of the Preliminary
Determination, Commerce has evaluated
relevant comments on the scope of the
investigation and issued its Final Scope
Determination.3 For a complete
description of the final scope of this
investigation, see Appendix.
Analysis of Significant Ministerial
Error Allegations
Commerce will analyze any
comments received and, if appropriate,
correct any significant ministerial error
by amending the preliminary
determination according to 19 CFR
351.351.224(e). A ministerial error is
defined in 19 CFR 351.224(f) as ‘‘an
error in addition, subtraction, or other
arithmetic function, clerical error
resulting from inaccurate copying,
duplication, or the like, and any other
similar type of unintentional error
which the Secretary considers
ministerial.’’ 4 A significant ministerial
error is defined as a ministerial error,
the correction of which, singly or in
combination with other errors, would
result in: (1) A change of at least five
absolute percentage points in, but not
less than 25 percent of, the weightedaverage dumping margin calculated in
the original (erroneous) preliminary
determination; or (2) a difference
between a weighted-average dumping
margin of zero or de minimis and a
weighted-average dumping margin of
greater than de minimis or vice versa.5
As a result of this amended preliminary
determination, we have revised the
margins applicable to Benteler Rothrist,
Mubea and all others.6
Commerce reviewed the record with
respect to the respondents’ claims.7
Though we determine that Benteler
Rothrist’s allegation regarding the
inclusion of sample sales in the U.S.
and third country databases represents a
methodological disagreement rather
than a clerical error, we agree that all
other alleged errors constitute
unintentional errors consistent with the
definition of ministerial errors in 19
CFR 351.224(f).8 Pursuant to 19 CFR
351.224(g)(2), these errors are significant
because their correction results in a
change of at least five absolute
percentage points in, but not less than
25 percent of, the weighted-average
dumping margin calculated in the
original preliminary determination (i.e.,
a decrease in the weighted-average
dumping margin from 34.15 percent to
23.33 percent for Benteler Rothrist, and
from 68.59 percent to 36.48 percent for
Mubea, and a decrease in the all-others
rate from 36.17 to 24.10 percent).9
4 See
section 735(e) of the Act.
19 CFR 351.224(g).
6 See the ‘‘Amended Preliminary Determination’’
section below.
7 See the Commerce’s memorandum,
‘‘Antidumping Duty Investigation of Certain ColdDrawn Mechanical Tubing of Carbon and Alloy
Steel from Switzerland: Ministerial Error
Allegations in the Preliminary Determination,’’
dated concurrently with this notice.
8 Id.
9 Id. See also memorandum to the file, ‘‘Certain
Cold-Drawn Mechanical Tubing of Carbon and
Alloy Steel from Switzerland: Calculation of the
All-Others Rate in the Amended Preliminary
Determination,’’ dated concurrently with this
notice; memorandum to the file, ‘‘Analysis
Memorandum for the Amended Preliminary
Determination of the Antidumping Duty
Investigation of Certain Cold-Drawn Mechanical
Tubing of Carbon and Alloy Steel (Cold-Drawn
Mechanical Tubing) from Switzerland: Benteler
Rothrist AG,’’ dated concurrently with this
memorandum; and memorandum to the file,
‘‘Analysis Memorandum for the Amended
Preliminary Determination of the Antidumping
Duty Investigation of Certain Cold-Drawn
sradovich on DSK3GMQ082PROD with NOTICES
5 See
1 See 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, 82 FR 55571 (November 22,
2017) (Preliminary Determination).
2 See Benteler Rothrist’s letter, ‘‘Antidumping
Duty Investigation of Certain Cold-Drawn
Mechanical Tubing of Carbon and Alloy Steel from
Switzerland: Ministerial Error Comments for the
Preliminary Determination,’’ dated November 22,
2017 (‘‘Benteler Rothrist’s Ministerial Error
Allegation’’); and Mubea’s letter, ‘‘Antidumping
Investigation of Certain Cold-Drawn Mechanical
Tubing from Switzerland: Resubmitted Ministerial
Error Comments for the Preliminary
Determination,’’ December 7, 2017 (Mubea’s
Ministerial Error Allegation).
3 See Commerce’s Memorandum, ‘‘Certain ColdDrawn 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 Final
Determinations,’’ dated December 4, 2017.
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Therefore, we are correcting these errors
and amending our preliminary
determination accordingly.
Amended Preliminary Determination
As a result of this amended
preliminary determination, we have
revised the preliminary estimated
weighted-average dumping margins as
follows:
Exporter/producer
Estimated
weightedaverage
dumping
margins
(percent)
Benteler Rothrist AG (Benteler
Rothrist) ...................................
¨
Mubea Prazisionsstahlrohr AG
(MPST) ....................................
All Others ....................................
23.33
36.48
24.10
Amended Cash Deposits and
Suspension of Liquidation
The collection of cash deposits and
suspension of liquidation will be
revised to the rates established in this
amended preliminary determination, in
accordance with section 733(d) and (f)
of the Act and 19 CFR 351.224. Because
the corrected margins are lower than the
rates issued in the Preliminary
Determination, the amended cash
deposit rates will be effective
retroactively to November 22, 2017, the
date of publication of the Preliminary
Determination.
Disclosure
We intend to disclose the calculations
performed to parties in this proceeding
within five days after publication of the
notice of amended preliminary
determination in the Federal Register in
accordance with 19 CFR 351.224(b).
International Trade Commission
Notification
In accordance with section 733(f) of
the Act, we notified the International
Trade Commission of our amended
preliminary determination.
This amended preliminary
determination is issued and published
in accordance with sections 733(f) and
777(i)(1) of the Act and 19 CFR
351.224(e).
Mechanical Tubing of Carbon and Alloy Steel
(Cold-Drawn Mechanical Tubing) from Switzerland:
¨
Mubea Prazisionsstahlrohr AG (MPST) and Mubea
Inc. (collectively, Mubea),’’ dated concurrently with
this memorandum.
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03JAN1
Federal Register / Vol. 83, No. 2 / Wednesday, January 3, 2018 / Notices
Dated: December 21, 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.
sradovich on DSK3GMQ082PROD with NOTICES
Appendix
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
331mm, 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
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);
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16:13 Jan 02, 2018
Jkt 244001
(b) European Standards (EN) EN 10305–1,
EN 10305–2, EN 10305–4, EN 10305–6 and
European national variations on those
standards (e.g., British Standard (BS EN),
Irish Standard (IS EN) and German Standard
(DIN EN) variations, etc.);
(c) Japanese Industrial Standard (JIS) JIS G
3441 and JIS G 3445; and
(6) proprietary standards that are based on
one of the above-listed standards.
The subject cold-drawn mechanical tubing
may also be dual or multiple certified to
more than one standard. Pipe that is multiple
certified as cold-drawn mechanical tubing
and to other specifications not covered by
this scope, is also covered by the scope of
this investigation when it meets the physical
description set forth above.
Steel products included in the scope of this
investigation are products in which: (1) Iron
predominates, by weight, over each of the
other contained elements; and (2) the carbon
content is 2 percent or less by weight.
For purposes of this scope, the place of
cold-drawing determines the country of
origin of the subject merchandise. Subject
merchandise that is subject to minor working
in a third country that occurs after drawing
in one of the subject countries including, but
not limited to, heat treatment, cutting to
length, straightening, nondestructive 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.
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347
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.
[FR Doc. 2017–28405 Filed 1–2–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–122–858]
Certain Softwood Lumber Products
From Canada: Amended Final
Affirmative Countervailing Duty
Determination and Countervailing Duty
Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the Department of
Commerce (Commerce) and the
International Trade Commission (ITC),
Commerce is issuing a countervailing
duty order on Certain Softwood Lumber
Products (Softwood Lumber) from
Canada. Also, Commerce is amending
its final countervailing duty
determination with respect to Softwood
Lumber from Canada, to correct
ministerial errors.
DATES: January 3, 2018.
FOR FURTHER INFORMATION CONTACT:
Nicholas Czajkowski and Kristen
Johnson, AD/CVD Operations, Offices I
and III, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: 202–482–1395
and (202) 482–4793, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
In accordance with sections 705(a),
705(d), and 777(i)(1) of the Tariff Act of
1930, as amended (the Act), and 19 CFR
351.210(c), on November 8, 2017,
Commerce published an affirmative
final determination in the
countervailing duty investigation of
Softwood Lumber from Canada.1
1 See Certain Softwood Lumber Products From
Canada: Final Affirmative Countervailing Duty
Determination, and Final Negative Determination of
Critical Circumstances, 82 FR 51814 (November 8,
2017) (Final Determination).
E:\FR\FM\03JAN1.SGM
03JAN1
]]>Agencies
[Federal Register Volume 83, Number 2 (Wednesday, January 3, 2018)]
[Notices]
[Pages 345-347]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-28405]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Adminstration
[A-441-801]
Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel
From Switzerland: Amended Preliminary Determination of Sales at Less
Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is amending the
preliminary determination of sales at less than fair value (LTFV) in
the antidumping duty investigation of certain cold-drawn mechanical
tubing of carbon and alloy steel (cold-drawn mechanical tubing) from
Switzerland to correct significant ministerial errors alleged by each
of the mandatory respondents in this proceeding.
DATES: Applicable January 3, 2018.
FOR FURTHER INFORMATION CONTACT: Laurel LaCivita, AD/CVD Operations,
Office III, and 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.
SUPPLEMENTARY INFORMATION:
[[Page 346]]
Background
On November 22, 2017, Commerce published in the Federal Register
the Preliminary Determination that cold-drawn mechanical tubing from
Switzerland is being, or is likely to be, sold in the United States at
LTFV, as provided in section 733 of the Tariff Act of 1930, as amended
(Act).\1\ On November 22, 2017, and December 7, 2017, Benteler Rothrist
AG (Benteler Rothrist) and Mubea Pr[auml]zisionsstahlrohr AG and Mubea
Inc. (collectively, Mubea), respectively, alleged that Commerce made
significant ministerial errors in the Preliminary Determination.\2\
---------------------------------------------------------------------------
\1\ See 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, 82 FR 55571 (November 22, 2017) (Preliminary
Determination).
\2\ See Benteler Rothrist's letter, ``Antidumping Duty
Investigation of Certain Cold-Drawn Mechanical Tubing of Carbon and
Alloy Steel from Switzerland: Ministerial Error Comments for the
Preliminary Determination,'' dated November 22, 2017 (``Benteler
Rothrist's Ministerial Error Allegation''); and Mubea's letter,
``Antidumping Investigation of Certain Cold-Drawn Mechanical Tubing
from Switzerland: Resubmitted Ministerial Error Comments for the
Preliminary Determination,'' December 7, 2017 (Mubea's Ministerial
Error Allegation).
---------------------------------------------------------------------------
Period of Investigation
The period of investigation (POI) is April 1, 2016, through March
31, 2017.
Scope of Investigation
The product covered by this investigation is cold-drawn mechanical
tubing from Switzerland. Since the publication of the Preliminary
Determination, Commerce has evaluated relevant comments on the scope of
the investigation and issued its Final Scope Determination.\3\ For a
complete description of the final scope of this investigation, see
Appendix.
---------------------------------------------------------------------------
\3\ See Commerce's 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 Final Determinations,'' dated December 4, 2017.
---------------------------------------------------------------------------
Analysis of Significant Ministerial Error Allegations
Commerce will analyze any comments received and, if appropriate,
correct any significant ministerial error by amending the preliminary
determination according to 19 CFR 351.351.224(e). A ministerial error
is defined in 19 CFR 351.224(f) as ``an error in addition, subtraction,
or other arithmetic function, clerical error resulting from inaccurate
copying, duplication, or the like, and any other similar type of
unintentional error which the Secretary considers ministerial.'' \4\ A
significant ministerial error is defined as a ministerial error, the
correction of which, singly or in combination with other errors, would
result in: (1) A change of at least five absolute percentage points in,
but not less than 25 percent of, the weighted-average dumping margin
calculated in the original (erroneous) preliminary determination; or
(2) a difference between a weighted-average dumping margin of zero or
de minimis and a weighted-average dumping margin of greater than de
minimis or vice versa.\5\ As a result of this amended preliminary
determination, we have revised the margins applicable to Benteler
Rothrist, Mubea and all others.\6\
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\4\ See section 735(e) of the Act.
\5\ See 19 CFR 351.224(g).
\6\ See the ``Amended Preliminary Determination'' section below.
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Commerce reviewed the record with respect to the respondents'
claims.\7\ Though we determine that Benteler Rothrist's allegation
regarding the inclusion of sample sales in the U.S. and third country
databases represents a methodological disagreement rather than a
clerical error, we agree that all other alleged errors constitute
unintentional errors consistent with the definition of ministerial
errors in 19 CFR 351.224(f).\8\ Pursuant to 19 CFR 351.224(g)(2), these
errors are significant because their correction results in a change of
at least five absolute percentage points in, but not less than 25
percent of, the weighted-average dumping margin calculated in the
original preliminary determination (i.e., a decrease in the weighted-
average dumping margin from 34.15 percent to 23.33 percent for Benteler
Rothrist, and from 68.59 percent to 36.48 percent for Mubea, and a
decrease in the all-others rate from 36.17 to 24.10 percent).\9\
Therefore, we are correcting these errors and amending our preliminary
determination accordingly.
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\7\ See the Commerce's memorandum, ``Antidumping Duty
Investigation of Certain Cold-Drawn Mechanical Tubing of Carbon and
Alloy Steel from Switzerland: Ministerial Error Allegations in the
Preliminary Determination,'' dated concurrently with this notice.
\8\ Id.
\9\ Id. See also memorandum to the file, ``Certain Cold-Drawn
Mechanical Tubing of Carbon and Alloy Steel from Switzerland:
Calculation of the All-Others Rate in the Amended Preliminary
Determination,'' dated concurrently with this notice; memorandum to
the file, ``Analysis Memorandum for the Amended Preliminary
Determination of the Antidumping Duty Investigation of Certain Cold-
Drawn Mechanical Tubing of Carbon and Alloy Steel (Cold-Drawn
Mechanical Tubing) from Switzerland: Benteler Rothrist AG,'' dated
concurrently with this memorandum; and memorandum to the file,
``Analysis Memorandum for the Amended Preliminary Determination of
the Antidumping Duty Investigation of Certain Cold-Drawn Mechanical
Tubing of Carbon and Alloy Steel (Cold-Drawn Mechanical Tubing) from
Switzerland: Mubea Pr[auml]zisionsstahlrohr AG (MPST) and Mubea Inc.
(collectively, Mubea),'' dated concurrently with this memorandum.
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Amended Preliminary Determination
As a result of this amended preliminary determination, we have
revised the preliminary estimated weighted-average dumping margins as
follows:
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/producer dumping
margins
(percent)
------------------------------------------------------------------------
Benteler Rothrist AG (Benteler Rothrist).................... 23.33
Mubea Pr[auml]zisionsstahlrohr AG (MPST).................... 36.48
All Others.................................................. 24.10
------------------------------------------------------------------------
Amended Cash Deposits and Suspension of Liquidation
The collection of cash deposits and suspension of liquidation will
be revised to the rates established in this amended preliminary
determination, in accordance with section 733(d) and (f) of the Act and
19 CFR 351.224. Because the corrected margins are lower than the rates
issued in the Preliminary Determination, the amended cash deposit rates
will be effective retroactively to November 22, 2017, the date of
publication of the Preliminary Determination.
Disclosure
We intend to disclose the calculations performed to parties in this
proceeding within five days after publication of the notice of amended
preliminary determination in the Federal Register in accordance with 19
CFR 351.224(b).
International Trade Commission Notification
In accordance with section 733(f) of the Act, we notified the
International Trade Commission of our amended preliminary
determination.
This amended preliminary determination is issued and published in
accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR
351.224(e).
[[Page 347]]
Dated: December 21, 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
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 331mm, 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 10305-4,
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,
nondestructive 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.
[FR Doc. 2017-28405 Filed 1-2-18; 8:45 am]
BILLING CODE 3510-DS-P
