Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel From India: Amended Preliminary Determination of Sales at Less Than Fair Value, 1021-1023 [2018-00187]
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Federal Register / Vol. 83, No. 6 / Tuesday, January 9, 2018 / Notices
assessment of antidumping duties on
entries of merchandise covered by the
final results of this review and for future
deposits of estimated antidumping
duties, where applicable.
Notification to Interested Parties
Cash Deposit Requirements
Dated: January 2, 2018.
P. Lee Smith,
Deputy Assistant Secretary for Policy and
Negotiations.
Commerce will instruct CBP to
require a cash deposit for antidumping
duties equal to the weighted-average
amount by which the NV exceeds U.S.
price. The following cash deposit
requirements will be effective for
shipments of the subject merchandise
from China entered, or withdrawn from
warehouse, for consumption on or after
the publication date of this notice, as
provided by section 751(a)(2)(C) of the
Act: (1) For the exporters listed above,
the cash deposit rate will be equal to the
weighted-average dumping margin
established in the final results of this
review (except, if the rate is de minimis
(i.e., less than 0.5 percent), then the cash
deposit rate will be zero for that
exporter); (2) for previously investigated
or reviewed PRC and non-PRC exporters
not listed above that have separate rates,
the cash deposit rate will continue to be
the exporter-specific rate published for
the most recently completed segment of
this proceeding; (3) for all PRC exporters
of subject merchandise which have not
been found to be entitled to a separate
rate, the cash deposit rate will be the
rate for the China-wide entity (i.e.,
238.95 percent 20) and (4) for all nonPRC exporters of subject merchandise
that have not received their own rate,
the cash deposit rate will be the rate
applicable to China exporter that
supplied that non-PRC exporter. These
deposit requirements, when imposed,
shall remain in effect until further
notice.
sradovich on DSK3GMQ082PROD with NOTICES
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties and/or
countervailing duties prior to
liquidation of the relevant entries
during this POR. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
and/or countervailing duties has
occurred, and the subsequent
assessment of double antidumping
duties and/or an increase in the amount
of antidumping duties by the amount of
the countervailing duties.
20 See AR3 Final, 82 FR at 29035, unchanged in
Amended AR3 Final.
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We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213 and 351.221(b)(4).
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Preliminary Determination of No
Shipments
5. Selection of Respondents
6. Single Entity Treatment
7. Discussion of the Methodology
a. Non-Market Economy Country
b. Separate Rates
c. Application of Partial Facts Available
(FA) and Adverse Facts Available (AFA)
d. Surrogate Country Selection
e. Date of Sale
f. Fair Value Comparisons
g. U.S. Price
h. Normal Value
i. Adjustments for Countervailable
Subsidies
j. Export Subsidy Adjustment
k. Currency Conversion
8. Recommendation
[FR Doc. 2018–00184 Filed 1–8–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Adminstration
[A–533–873]
Certain Cold-Drawn Mechanical Tubing
of Carbon and Alloy Steel From India:
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 its Preliminary
Determination of the antidumping duty
investigation of certain cold-drawn
mechanical tubing of carbon and alloy
steel (mechanical tubing) from India.
We are correcting a ministerial error
with respect to certain steel grades
reported by one of the mandatory
respondents, Goodluck India Limited.
The period of investigation (POI) is
April 1, 2016, through March 31, 2017.
DATES: Applicable January 9, 2018.
FOR FURTHER INFORMATION CONTACT:
Susan Pulongbarit and Omar Qureshi,
AD/CVD Operations, Office V,
Enforcement & Compliance,
AGENCY:
PO 00000
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1021
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW,
Washington, DC, 20230; telephone:
(202) 482–2593, or (202) 482–0987,
respectively.
SUPPLEMENTAL INFORMATION: On
November 22, 2017, Commerce
published in the Federal Register the
Preliminary Determination that
mechanical tubing from India is being,
or is likely to be, sold in the United
States at less than fair value (LTFV), as
provided in section 733 of the Tariff Act
of 1930, as amended (the Act).1 On
November 22, 2017, ArcelorMittal
Tubular Products, Michigan Seamless
Tube LLC, Plymouth Tube Co., USA,
PTC Alliance Corp., Webco Industries,
Inc. and Zekelman Industries, Inc.
(collectively, the petitioners) filed
timely allegations of ministerial errors
contained in Commerce’s Preliminary
Determination.2 On November 27, 2017,
Goodluck filed timely allegations of
ministerial errors contained in
Commerce’s Preliminary
Determination.3
Scope of Investigation
The product covered by this
investigation is mechanical tubing from
India. For a full description of the scope
of this investigation, see the ‘‘Scope of
the Investigation,’’ in the Appendix to
this notice.
Significant Ministerial Error
Pursuant to 19 CFR 351.224(e) and
(g)(1), Commerce is amending the
Preliminary Determination to reflect the
correction of a significant ministerial
error it made in the margin assigned to
Goodluck, a mandatory respondent. A
ministerial error is defined 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
1 See Certain Cold-Drawn Mechanical Tubing of
Carbon and Alloy Steel from India: Preliminary
Affirmative Determination of Sales at Less Than
Fair Value, in Part, Postponement of Final
Determination, and Extension of Provisional
Measures, 82 FR 55567 (November 22, 2017) and
accompanying PDM (Preliminary Determination).
2 See the petitioners’ November 22, 2107
submission (the Petitioners’ Ministerial Error
Comments).
3 See Goodluck’s November 27, 2017 submission
(Goodluck’s Ministerial Error Comments).
4 See section 735(e) of the Act.
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09JAN1
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Federal Register / Vol. 83, No. 6 / Tuesday, January 9, 2018 / Notices
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 applied an
antidumping duty margin to Goodluck,
as noted below in the ‘‘Amended
Preliminary Determination’’ section.
Ministerial Error Allegations
On November 22, 2017, the
petitioners submitted a ministerial error
allegation claiming that Commerce
incorrectly reclassified certain grades of
steel reported by Goodluck in the
Preliminary Determination.6 Commerce
reviewed the record and agrees that this
constitutes a significant ministerial error
within the meaning of 19 CFR
351.224(g) and have recalculated
Goodluck’s dumping margin.7 This error
was significant because Goodluck’s
margin increased from 0.00 percent to
4.02 percent.8
On November 27, 2017, Goodluck also
submitted a ministerial error allegation
claiming that Commerce incorrectly
reclassified certain grades of steel
reported by Goodluck in the Preliminary
Determination.9 Commerce reviewed
the record and does not find that this
constitutes a ministerial error within the
meaning of 19 CFR 351.224(g) and have
made no changes to the Preliminary
Determination based on this
allegation.10
Amended Preliminary Determination
We are amending the Preliminary
Determination of sales at LTFV for
mechanical tubing from India to reflect
the correction of a significant
ministerial error made in the margin
calculation for Goodluck. In addition,
because the preliminary ‘‘All-Others’’
rate was based on the estimated
weighted-average dumping margin
calculated for Tube Products of India,
Ltd., we are also amending the ‘‘AllOthers’’ rate. We have calculated a
simple margin for non-selected
respondents using the average of the
estimated weighted-average dumping
margins of the two individually selected
respondents, Goodluck and TPI.11 As a
result of the correction of the ministerial
error, the revised weighted-average
dumping margins are as follows:
Estimated
weightedaverage
dumping
margin
(percent)
Producer
Exporter
Goodluck India Limited .................................................
Tube Products of India, Ltd. a unit of Tube Investments of India Limited (collectively TPI).
All-Others ......................................................................
Goodluck India Limited .................................................
Tube Products of India, Ltd. a unit of Tube Investments of India Limited (collectively TPI).
.......................................................................................
sradovich on DSK3GMQ082PROD with NOTICES
Amended Cash Deposits and
Suspension of Liquidation
The collection of cash deposits and
suspension of liquidation will be
revised according 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 Goodluck’s rate is
increasing from the Preliminary
Determination, the amended cash
deposit rates will be effective on the
date of publication of this notice in the
Federal Register. Because the correction
of the error for Goodluck results in a
reduced cash deposit rate for companies
covered by the ‘‘all others’’ rate, the
revised rate calculated for the ‘‘all
others’’ rate will be effective
retroactively to November 22, 2017, the
date of publication of the Preliminary
Determination.
International Trade Commission
Notification
In accordance with section 733(f) of
the Act, we notified the International
5 See
19 CFR 351.224(g).
the Petitioners’ Ministerial Error Comments.
7 For more information, see the Memo to James
Maeder, Senior Director performing the duties of
Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, ‘‘Antidumping
Duty Investigation of Certain Cold-Drawn
6 See
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4.02
Cash deposit
rate (adjusted
for subsidy
offset(s))
(percent)
12 7.57
0
4.86
5.80
0
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
Mechanical Tubing of Carbon and Alloy Steel from
India: Analysis of Ministerial Error Allegations,’’
dated concurrently with this notice (Ministerial
Error Memo).
8 Id.
9 See Goodluck’s Ministerial Error Comments.
10 See Ministerial Error Memo.
11 Commerce did not have updated publicly
ranged U.S. sales value information for TPI. As a
result, Commerce could not perform a weightedaverage calculation for non-selected respondents for
this amended preliminary determination.
12 This rate has not changed from the Preliminary
Determination.
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).
Dated: January 3, 2018.
P. Lee Smith,
Deputy Assistant Secretary for Policy and
Negotiations.
Appendix
PO 00000
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sradovich on DSK3GMQ082PROD with NOTICES
Federal Register / Vol. 83, No. 6 / Tuesday, January 9, 2018 / Notices
SA513 Type 3), ASTM A–513 Type 4 (ASME
SA513 Type 4), ASTM A–513 Type 5 (ASME
SA513 Type 5), ASTM A–513 Type 6 (ASME
SA513 Type 6), ASTM A–519 (cold-finished);
(2) SAE International (Society of
Automotive Engineers) specifications SAE
J524, SAE J525, SAE J2833, SAE J2614, SAE
J2467, SAE J2435, SAE J2613;
(3) Aerospace Material Specification (AMS)
AMS T–6736 (AMS 6736), AMS 6371, AMS
5050, AMS 5075, AMS 5062, AMS 6360,
AMS 6361, AMS 6362, AMS 6371, AMS
6372, AMS 6374, AMS 6381, AMS 6415;
(4) United States Military Standards (MIL)
MIL–T–5066 and MIL–T–6736;
(5) foreign standards equivalent to one of
the previously listed ASTM, ASME, SAE,
AMS or MIL specifications including but not
limited to:
(a) German Institute for Standardization
(DIN) specifications DIN 2391–2, DIN 2393–
2, DIN 2394–2);
(b) European Standards (EN) EN 10305–1,
EN 10305–2, EN 10305–3, EN 10305–4, EN
10305–6 and European national variations on
those standards (e.g., British Standard (BS
EN), Irish Standard (IS EN) and German
Standard (DIN EN) variations, etc.);
(c) Japanese Industrial Standard (JIS) JIS G
3441 and JIS G 3445; and
(6) proprietary standards that are based on
one of the above-listed standards.
The subject cold-drawn mechanical tubing
may also be dual or multiple certified to
more than one standard. Pipe that is multiple
certified as cold-drawn mechanical tubing
and to other specifications not covered by
this scope, is also covered by the scope of
this investigation when it meets the physical
description set forth above.
Steel products included in the scope of this
investigation are products in which: (1) Iron
predominates, by weight, over each of the
other contained elements; and (2) the carbon
content is 2 percent or less by weight.
For purposes of this scope, the place of
cold-drawing determines the country of
origin of the subject merchandise. Subject
merchandise that is subject to minor working
in a third country that occurs after drawing
in one of the subject countries including, but
not limited to, heat treatment, cutting to
length, straightening, nondestruction testing,
deburring or chamfering, remains within the
scope of this investigation.
All products that meet the written physical
description are within the scope of this
investigation unless specifically excluded or
covered by the scope of an existing order.
Merchandise that meets the physical
description of cold-drawn mechanical tubing
above is within the scope of the investigation
even if it is also dual or multiple certified to
an otherwise excluded specification listed
below. The following products are outside of,
and/or specifically excluded from, the scope
of this investigation:
(1) Cold-drawn stainless steel tubing,
containing 10.5 percent or more of chromium
by weight and not more than 1.2 percent of
carbon by weight;
(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;
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Jkt 244001
• 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. 2018–00187 Filed 1–8–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–876]
Welded Line Pipe From Korea:
Preliminary Results of Antidumping
Duty Administrative Review; 2015–
2016
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is conducting an
administrative review of the
antidumping duty order on welded line
pipe (WLP) from Korea. The period of
review (POR) is May 22, 2015, through
November 30, 2016. This administrative
review covers 24 producers and/or
exporters of the subject merchandise.
Commerce selected two mandatory
respondents for individual examination:
Hyundai Steel Company (Hyundai
Steel) and SeAH Steel Company (SeAH).
We preliminarily determine that sales of
subject merchandise have been made
below normal value (NV) during the
POR. Interested parties are invited to
comment on these preliminary results.
DATES: Applicable January 9, 2018.
AGENCY:
PO 00000
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1023
FOR FURTHER INFORMATION CONTACT:
David Goldberger or Ross Belliveau,
AD/CVD Operations, Office II,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4136 or
(202) 482–4952, respectively.
Scope of the Order
The merchandise subject to the order
is welded line pipe.1 The product is
currently classified under the following
Harmonized Tariff Schedule of the
United States (HTSUS) item numbers:
7305.11.1030, 7305.11.1060,
7305.11.5000, 7305.12.1030,
7305.12.1060, 7305.12.5000,
7305.19.1030, 7305.19.5000,
7306.19.1010, 7306.19.1050,
7306.19.5110, and 7306.19.5150.
Although the HTSUS numbers are
provided for convenience and for
customs purposes, the written product
description remains dispositive.
Methodology
Commerce is conducting this review
in accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act).
Export price and constructed export
price are calculated in accordance with
section 772 of the Act. NV is calculated
in accordance with section 773 of the
Act.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum. The
Preliminary Decision Memorandum is a
public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov, and to all
parties in the Central Records Unit,
room B8024 of the main Department of
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed and electronic versions
of the Preliminary Decision
Memorandum are identical in content.
A list of the topics discussed in the
Preliminary Decision Memorandum is
attached as the Appendix to this notice.
1 For a complete description of the Scope of the
Order, see Memorandum, ‘‘Decision Memorandum
for the Preliminary Results of the 2015–2016
Administrative Review of the Antidumping Duty
Order on Welded Line Pipe from Korea,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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Agencies
[Federal Register Volume 83, Number 6 (Tuesday, January 9, 2018)]
[Notices]
[Pages 1021-1023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00187]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Adminstration
[A-533-873]
Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel
From India: 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 its
Preliminary Determination of the antidumping duty investigation of
certain cold-drawn mechanical tubing of carbon and alloy steel
(mechanical tubing) from India. We are correcting a ministerial error
with respect to certain steel grades reported by one of the mandatory
respondents, Goodluck India Limited. The period of investigation (POI)
is April 1, 2016, through March 31, 2017.
DATES: Applicable January 9, 2018.
FOR FURTHER INFORMATION CONTACT: Susan Pulongbarit and Omar Qureshi,
AD/CVD Operations, Office V, Enforcement & Compliance, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW, Washington, DC, 20230; telephone: (202) 482-
2593, or (202) 482-0987, respectively.
SUPPLEMENTAL INFORMATION: On November 22, 2017, Commerce published in
the Federal Register the Preliminary Determination that mechanical
tubing from India is being, or is likely to be, sold in the United
States at less than fair value (LTFV), as provided in section 733 of
the Tariff Act of 1930, as amended (the Act).\1\ On November 22, 2017,
ArcelorMittal Tubular Products, Michigan Seamless Tube LLC, Plymouth
Tube Co., USA, PTC Alliance Corp., Webco Industries, Inc. and Zekelman
Industries, Inc. (collectively, the petitioners) filed timely
allegations of ministerial errors contained in Commerce's Preliminary
Determination.\2\ On November 27, 2017, Goodluck filed timely
allegations of ministerial errors contained in Commerce's Preliminary
Determination.\3\
---------------------------------------------------------------------------
\1\ See Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy
Steel from India: Preliminary Affirmative Determination of Sales at
Less Than Fair Value, in Part, Postponement of Final Determination,
and Extension of Provisional Measures, 82 FR 55567 (November 22,
2017) and accompanying PDM (Preliminary Determination).
\2\ See the petitioners' November 22, 2107 submission (the
Petitioners' Ministerial Error Comments).
\3\ See Goodluck's November 27, 2017 submission (Goodluck's
Ministerial Error Comments).
---------------------------------------------------------------------------
Scope of Investigation
The product covered by this investigation is mechanical tubing from
India. For a full description of the scope of this investigation, see
the ``Scope of the Investigation,'' in the Appendix to this notice.
Significant Ministerial Error
Pursuant to 19 CFR 351.224(e) and (g)(1), Commerce is amending the
Preliminary Determination to reflect the correction of a significant
ministerial error it made in the margin assigned to Goodluck, a
mandatory respondent. A ministerial error is defined 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
[[Page 1022]]
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 applied an antidumping duty margin to Goodluck,
as noted below in the ``Amended Preliminary Determination'' section.
---------------------------------------------------------------------------
\4\ See section 735(e) of the Act.
\5\ See 19 CFR 351.224(g).
---------------------------------------------------------------------------
Ministerial Error Allegations
On November 22, 2017, the petitioners submitted a ministerial error
allegation claiming that Commerce incorrectly reclassified certain
grades of steel reported by Goodluck in the Preliminary
Determination.\6\ Commerce reviewed the record and agrees that this
constitutes a significant ministerial error within the meaning of 19
CFR 351.224(g) and have recalculated Goodluck's dumping margin.\7\ This
error was significant because Goodluck's margin increased from 0.00
percent to 4.02 percent.\8\
---------------------------------------------------------------------------
\6\ See the Petitioners' Ministerial Error Comments.
\7\ For more information, see the Memo to James Maeder, Senior
Director performing the duties of Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations, ``Antidumping Duty
Investigation of Certain Cold-Drawn Mechanical Tubing of Carbon and
Alloy Steel from India: Analysis of Ministerial Error Allegations,''
dated concurrently with this notice (Ministerial Error Memo).
\8\ Id.
---------------------------------------------------------------------------
On November 27, 2017, Goodluck also submitted a ministerial error
allegation claiming that Commerce incorrectly reclassified certain
grades of steel reported by Goodluck in the Preliminary
Determination.\9\ Commerce reviewed the record and does not find that
this constitutes a ministerial error within the meaning of 19 CFR
351.224(g) and have made no changes to the Preliminary Determination
based on this allegation.\10\
---------------------------------------------------------------------------
\9\ See Goodluck's Ministerial Error Comments.
\10\ See Ministerial Error Memo.
---------------------------------------------------------------------------
Amended Preliminary Determination
We are amending the Preliminary Determination of sales at LTFV for
mechanical tubing from India to reflect the correction of a significant
ministerial error made in the margin calculation for Goodluck. In
addition, because the preliminary ``All-Others'' rate was based on the
estimated weighted-average dumping margin calculated for Tube Products
of India, Ltd., we are also amending the ``All-Others'' rate. We have
calculated a simple margin for non-selected respondents using the
average of the estimated weighted-average dumping margins of the two
individually selected respondents, Goodluck and TPI.\11\ As a result of
the correction of the ministerial error, the revised weighted-average
dumping margins are as follows:
---------------------------------------------------------------------------
\11\ Commerce did not have updated publicly ranged U.S. sales
value information for TPI. As a result, Commerce could not perform a
weighted-average calculation for non-selected respondents for this
amended preliminary determination.
----------------------------------------------------------------------------------------------------------------
Estimated
weighted- Cash deposit
average rate (adjusted
Producer Exporter dumping for subsidy
margin offset(s))
(percent) (percent)
----------------------------------------------------------------------------------------------------------------
Goodluck India Limited........................ Goodluck India Limited.......... 4.02 0
Tube Products of India, Ltd. a unit of Tube Tube Products of India, Ltd. a \12\ 7.57 4.86
Investments of India Limited (collectively unit of Tube Investments of
TPI). India Limited (collectively
TPI).
All-Others.................................... ................................ 5.80 0
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Amended Cash Deposits and Suspension of Liquidation
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\12\ This rate has not changed from the Preliminary
Determination.
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The collection of cash deposits and suspension of liquidation will
be revised according 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 Goodluck's rate is increasing from
the Preliminary Determination, the amended cash deposit rates will be
effective on the date of publication of this notice in the Federal
Register. Because the correction of the error for Goodluck results in a
reduced cash deposit rate for companies covered by the ``all others''
rate, the revised rate calculated for the ``all others'' rate will be
effective retroactively to November 22, 2017, the date of publication
of the Preliminary Determination.
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).
Dated: January 3, 2018.
P. Lee Smith,
Deputy Assistant Secretary for Policy and Negotiations.
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
[[Page 1023]]
SA513 Type 3), ASTM A-513 Type 4 (ASME SA513 Type 4), ASTM A-513
Type 5 (ASME SA513 Type 5), ASTM A-513 Type 6 (ASME SA513 Type 6),
ASTM A-519 (cold-finished);
(2) SAE International (Society of Automotive Engineers)
specifications SAE J524, SAE J525, SAE J2833, SAE J2614, SAE J2467,
SAE J2435, SAE J2613;
(3) Aerospace Material Specification (AMS) AMS T-6736 (AMS
6736), AMS 6371, AMS 5050, AMS 5075, AMS 5062, AMS 6360, AMS 6361,
AMS 6362, AMS 6371, AMS 6372, AMS 6374, AMS 6381, AMS 6415;
(4) United States Military Standards (MIL) MIL-T-5066 and MIL-T-
6736;
(5) foreign standards equivalent to one of the previously listed
ASTM, ASME, SAE, AMS or MIL specifications including but not limited
to:
(a) German Institute for Standardization (DIN) specifications
DIN 2391-2, DIN 2393-2, DIN 2394-2);
(b) European Standards (EN) EN 10305-1, EN 10305-2, EN 10305-3,
EN 10305-4, EN 10305-6 and European national variations on those
standards (e.g., British Standard (BS EN), Irish Standard (IS EN)
and German Standard (DIN EN) variations, etc.);
(c) Japanese Industrial Standard (JIS) JIS G 3441 and JIS G
3445; and
(6) proprietary standards that are based on one of the above-
listed standards.
The subject cold-drawn mechanical tubing may also be dual or
multiple certified to more than one standard. Pipe that is multiple
certified as cold-drawn mechanical tubing and to other
specifications not covered by this scope, is also covered by the
scope of this investigation when it meets the physical description
set forth above.
Steel products included in the scope of this investigation are
products in which: (1) Iron predominates, by weight, over each of
the other contained elements; and (2) the carbon content is 2
percent or less by weight.
For purposes of this scope, the place of cold-drawing determines
the country of origin of the subject merchandise. Subject
merchandise that is subject to minor working in a third country that
occurs after drawing in one of the subject countries including, but
not limited to, heat treatment, cutting to length, straightening,
nondestruction testing, deburring or chamfering, remains within the
scope of this investigation.
All products that meet the written physical description are
within the scope of this investigation unless specifically excluded
or covered by the scope of an existing order. Merchandise that meets
the physical description of cold-drawn mechanical tubing above is
within the scope of the investigation even if it is also dual or
multiple certified to an otherwise excluded specification listed
below. The following products are outside of, and/or specifically
excluded from, the scope of this investigation:
(1) Cold-drawn stainless steel tubing, containing 10.5 percent
or more of chromium by weight and not more than 1.2 percent of
carbon by weight;
(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. 2018-00187 Filed 1-8-18; 8:45 am]
BILLING CODE 3510-DS-P