Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel From the People's Republic of China and India: Countervailing Duty Orders, 4637-4639 [2018-02045]
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Federal Register / Vol. 83, No. 22 / Thursday, February 1, 2018 / Notices
4637
Department contact
Antidumping Duty Proceedings
Drawn Stainless Steel Sinks from China, (A–570–983) (1st Review) ..................................................................
Robert James, (202) 482–0649.
Countervailing Duty Proceedings
Drawn Stainless Steel Sinks from China, (C–570–984) (1st Review) ..................................................................
Robert James, (202) 482–0649.
Suspended Investigations
No Sunset Review of suspended investigations is scheduled for initiation in March 2018.
Commerce’s procedures for the
conduct of Sunset Reviews are set forth
in 19 CFR 351.218. The Notice of
Initiation of Five-Year (Sunset) Reviews
provides further information regarding
what is required of all parties to
participate in Sunset Reviews.
Pursuant to 19 CFR 351.103(c),
Commerce will maintain and make
available a service list for these
proceedings. To facilitate the timely
preparation of the service list(s), it is
requested that those seeking recognition
as interested parties to a proceeding
contact Commerce in writing within 10
days of the publication of the Notice of
Initiation.
Please note that if Commerce receives
a Notice of Intent to Participate from a
member of the domestic industry within
15 days of the date of initiation, the
review will continue.
Thereafter, any interested party
wishing to participate in the Sunset
Review must provide substantive
comments in response to the notice of
initiation no later than 30 days after the
date of initiation.
This notice is not required by statute
but is published as a service to the
international trading community.
Dated: January 26, 2018.
James Maeder,
Senior Director performing the duties of
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2018–02003 Filed 1–31–18; 8:45 am]
BILLING CODE 3510–DS–P
International Trade Administration
sradovich on DSK3GMQ082PROD with NOTICES
[C–570–059, C–533–874]
Certain Cold-Drawn Mechanical Tubing
of Carbon and Alloy Steel From the
People’s Republic of China and India:
Countervailing Duty Orders
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),
VerDate Sep<11>2014
19:34 Jan 31, 2018
Jkt 244001
Background
In accordance with section 705(d) of
the Tariff Act of 1930, as amended (the
Act), and 19 CFR 351.210(c), on
December 11, 2017, Commerce
published its affirmative final
determinations in the countervailing
duty investigations of cold-drawn
mechanical tubing from China and
India.1 On January 24, 2018, the ITC
notified Commerce of its final
affirmative determination, pursuant to
section 705(d) of the Act, that an
industry in the United States is
materially injured within the meaning
of section 705(b)(1)(A)(i) of the Act, by
reason of subsidized imports of colddrawn mechanical tubing from China
and India.2 Further, the ITC determined
that critical circumstances do not exist
with respect to imports of cold-drawn
mechanical tubing from China.
Scope of the Orders
The product covered by these orders
is cold-drawn mechanical tubing from
China and India. For a complete
DEPARTMENT OF COMMERCE
AGENCY:
Commerce is issuing countervailing
duty orders on certain cold-drawn
mechanical tubing of carbon and alloy
steel (cold-drawn mechanical tubing)
from the People’s Republic of China
(China) and India.
DATES: February 1, 2018.
FOR FURTHER INFORMATION CONTACT:
Shanah Lee at (202) 482–6386, AD/CVD
Operations, Office III, and Ryan Mullen
at (202) 482–5260, AD/CVD Operations,
Office V, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230.
SUPPLEMENTARY INFORMATION:
1 See Countervailing Duty Investigation of ColdDrawn Mechanical Tubing of Carbon and Alloy
Steel from the People’s Republic of China: Final
Affirmative Determination, and Final Affirmative
Determination of Critical Circumstances, in Part, 82
FR 58175 (December 11, 2017) (China Final
Determination); and Certain Cold-Drawn
Mechanical Tubing of Carbon and Alloy Steel from
India: Final Affirmative Countervailing Duty
Determination, 82 FR 58172 (December 11, 2017).
2 See letter from the ITC concerning imports of
cold-drawn mechanical tubing from China and
India (Investigation Nos. 701–TA–576–577 (Final)),
dated January 24, 2018 (ITC Notification Letter).
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description of the scope of these orders,
see the Appendix to this notice.
Countervailing Duty Orders
As stated above, on January 24, 2018,
in accordance with sections 705(d) of
the Act, the ITC notified Commerce of
its final determination that an industry
in the United States is materially
injured by reason of subsidized imports
of cold-drawn mechanical tubing from
China and India.3 Therefore, in
accordance with section 705(c)(2) of the
Act, Commerce is issuing these
countervailing duty orders. Because the
ITC determined that imports of colddrawn mechanical tubing from China
and India are materially injuring a U.S.
industry, unliquidated entries of such
merchandise from China and India,
entered or withdrawn from warehouse
for consumption, are subject to the
assessment of countervailing duties.
As a result of the ITC’s final
determination, in accordance with
section 706(a) of the Act, Commerce
will direct U.S. Customs and Border
Protection (CBP) to assess, upon further
instruction by Commerce,
countervailing duties on unliquidated
entries of cold-drawn mechanical tubing
from China and India entered, or
withdrawn from warehouse, for
consumption on or after September 25,
2017, the date of publication of the
Preliminary Determinations,4 but will
not include entries occurring after the
expiration of the provisional measures
period and before publication in the
Federal Register of the ITC’s final injury
determination.
Suspension of Liquidation
In accordance with section 706 of the
Act, Commerce will instruct CBP to
reinstitute the suspension of liquidation
on all entries of subject merchandise
from China and India, applicable the
3 See
ITC Notification Letter.
Certain Cold-Drawn Mechanical Tubing of
Carbon and Alloy Steel from the People’s Republic
of China: Preliminary Affirmative Countervailing
Duty Determination, 82 FR 44562 (September 25,
2017); see also Certain Cold-Drawn Mechanical
Tubing of Carbon and Alloy Steel from India:
Preliminary Affirmative Countervailing Duty
Investigation, 82 FR 44558 (September 25, 2017)
(collectively, Preliminary Determinations).
4 See
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Federal Register / Vol. 83, No. 22 / Thursday, February 1, 2018 / Notices
date of publication of the ITC’s notice of
final affirmative injury determination in
the Federal Register, and to assess,
upon further instruction by Commerce
pursuant to section 706(a)(1) of the Act,
countervailing duties for each entry of
the subject merchandise in an amount
based on the net countervailable
subsidy rates for the subject
merchandise. We will also instruct CBP
to require cash deposits for each entry
of subject merchandise as indicated
below. These instructions suspending
liquidation will remain in effect until
further notice. The all-others rate
applies to all producers or exporters not
specifically listed, as appropriate.
Exporter/Producer from
China
Jiangsu Hongyi Steel Pipe
Co., Ltd 5 ...........................
Zhangjiagang Huacheng Import & Export Co., Ltd 6 .....
All-Others ..............................
Exporter/Producer from India
Goodluck India Limited .........
Tube Investments of India
Limited ...............................
All-Others ..............................
Subsidy rate
(Percent)
21.41
18.27
19.84
Subsidy rate
(Percent)
8.02
42.60
22.40
Critical Circumstances
sradovich on DSK3GMQ082PROD with NOTICES
With regard to the ITC’s negative
critical circumstances determination on
imports of cold-drawn mechanical
tubing from China, we will instruct CBP
to lift suspension and to refund any
cash deposits made to secure the
payment of estimated countervailing
duties with respect to entries of the
subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after June 27, 2017
(i.e., 90 days prior to the date of the
publication of the Preliminary
Determination), but before September
5 In China Final Determination, Commerce
continued to find the following companies to be
cross-owned with Jiangsu Hongyi Steel Pipe Co.,
Ltd.: Hongren Precision Pipe Manufacturing Co.,
Ltd and Changzhou Kemeng Mechanical Equipment
Co., Ltd.
6 See Cold-Drawn Mechanical Tubing of Carbon
and Alloy Steel from the People’s Republic of
China: Notice of Correction to Final Affirmative
Countervailing Duty Determination of Critical
Circumstances, In Part, 83 FR 351 (January 3, 2018)
(China Correction Notice). In China Correction
Notice, Commerce clarified the names of the
companies it found to be cross-owned with
Zhangjiagang Huacheng Import & Export Co., Ltd.:
Jiangsu Huacheng Industry Pipe Making
Corporation, Zhangjiagang Salem Fine Tubing Co.,
Ltd., Zhangjiagang Huacheng Investment Holding
Co., Ltd., Zhangjiagang HZB Special Material
Technology Co., Ltd. and Zhangjiagang Huacheng
Special Materials Corporation.
VerDate Sep<11>2014
19:34 Jan 31, 2018
Jkt 244001
25, 2017 (i.e., the date of publication of
the Preliminary Determination).
Notification to Interested Parties
This notice constitutes the
countervailing duty orders with respect
to cold-drawn mechanical tubing from
China and India pursuant to section
706(a) of the Act. Interested parties can
find a list of countervailing duty orders
at https://enforcement.trade.gov/stats/
iastats1.html.
These orders are issued and published
in accordance with section 706(a) and
19 CFR 351.211(b).
Dated: January 26, 2018.
P. Lee Smith,
Deputy Assistant Secretary for Policy and
Negotiations.
Appendix
Scope of the Orders
The scope of these orders 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;
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(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
these orders when it meets the physical
description set forth above.
Steel products included in the scope of
these orders 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 these orders.
All products that meet the written physical
description are within the scope of these
orders 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 orders 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 these orders:
(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;
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Federal Register / Vol. 83, No. 22 / Thursday, February 1, 2018 / Notices
• 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 these orders.
The products subject to the orders 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
orders is dispositive.
[FR Doc. 2018–02045 Filed 1–31–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Antidumping or Countervailing Duty
Order, Finding, or Suspended
Investigation; Opportunity To Request
Administrative Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
FOR FURTHER INFORMATION CONTACT:
Brenda E. Brown, Office of AD/CVD
Operations, Customs Liaison Unit,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230, telephone: (202) 482–4735.
sradovich on DSK3GMQ082PROD with NOTICES
AGENCY:
Background
Each year during the anniversary
month of the publication of an
antidumping or countervailing duty
order, finding, or suspended
investigation, an interested party, as
defined in section 771(9) of the Tariff
Act of 1930, as amended (the Act), may
request, in accordance with 19 CFR
351.213, that the Department of
Commerce (Commerce) conduct an
administrative review of that
antidumping or countervailing duty
order, finding, or suspended
investigation.
All deadlines for the submission of
comments or actions by Commerce
discussed below refer to the number of
calendar days from the applicable
starting date.
Respondent Selection
In the event Commerce limits the
number of respondents for individual
examination for administrative reviews
initiated pursuant to requests made for
the orders identified below, Commerce
intends to select respondents based on
U.S. Customs and Border Protection
(CBP) data for U.S. imports during the
period of review. We intend to release
the CBP data under Administrative
Protective Order (APO) to all parties
having an APO within five days of
publication of the initiation notice and
to make our decision regarding
respondent selection within 21 days of
publication of the initiation Federal
Register notice. Therefore, we
encourage all parties interested in
commenting on respondent selection to
submit their APO applications on the
date of publication of the initiation
notice, or as soon thereafter as possible.
Commerce invites comments regarding
the CBP data and respondent selection
within five days of placement of the
CBP data on the record of the review.
In the event Commerce decides it is
necessary to limit individual
examination of respondents and
conduct respondent selection under
section 777A(c)(2) of the Act:
In general, Commerce finds that
determinations concerning whether
particular companies should be
‘‘collapsed’’ (i.e., treated as a single
entity for purposes of calculating
antidumping duty rates) require a
substantial amount of detailed
information and analysis, which often
require follow-up questions and
analysis. Accordingly, Commerce will
not conduct collapsing analyses at the
respondent selection phase of a review
and will not collapse companies at the
respondent selection phase unless there
has been a determination to collapse
certain companies in a previous
segment of this antidumping proceeding
(i.e., investigation, administrative
review, new shipper review or changed
circumstances review). For any
company subject to a review, if
Commerce determined, or continued to
treat, that company as collapsed with
others, Commerce will assume that such
companies continue to operate in the
same manner and will collapse them for
respondent selection purposes.
Otherwise, Commerce will not collapse
companies for purposes of respondent
selection. Parties are requested to (a)
identify which companies subject to
review previously were collapsed, and
(b) provide a citation to the proceeding
in which they were collapsed. Further,
if companies are requested to complete
a Quantity and Value Questionnaire for
purposes of respondent selection, in
general each company must report
volume and value data separately for
itself. Parties should not include data
for any other party, even if they believe
they should be treated as a single entity
with that other party. If a company was
collapsed with another company or
companies in the most recently
completed segment of a proceeding
where Commerce considered collapsing
that entity, complete quantity and value
data for that collapsed entity must be
submitted.
Deadline for Withdrawal of Request for
Administrative Review
Pursuant to 19 CFR 351.213(d)(1), a
party that requests a review may
withdraw that request within 90 days of
the date of publication of the notice of
initiation of the requested review. The
regulation provides that Commerce may
extend this time if it is reasonable to do
so. In order to provide parties additional
certainty with respect to when
Commerce will exercise its discretion to
extend this 90-day deadline, interested
parties are advised that, with regard to
reviews requested on the basis of
anniversary months on or after February
2018, Commerce does not intend to
extend the 90-day deadline unless the
requestor demonstrates that an
extraordinary circumstance prevented it
from submitting a timely withdrawal
request. Determinations by Commerce to
extend the 90-day deadline will be
made on a case-by-case basis.
Commerce is providing this notice on
its website, as well as in its
‘‘Opportunity to Request Administrative
Review’’ notices, so that interested
parties will be aware of the manner in
which Commerce intends to exercise its
discretion in the future.
Opportunity to Request a Review: Not
later than the last day of February
2018,1 interested parties may request
administrative review of the following
orders, findings, or suspended
investigations, with anniversary dates in
February for the following periods:
1 Or the next business day, if the deadline falls
on a weekend, federal holiday or any other day
when the Department is closed.
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4639
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Agencies
[Federal Register Volume 83, Number 22 (Thursday, February 1, 2018)]
[Notices]
[Pages 4637-4639]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02045]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-059, C-533-874]
Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel
From the People's Republic of China and India: Countervailing Duty
Orders
AGENCY: 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 countervailing duty orders on certain cold-drawn
mechanical tubing of carbon and alloy steel (cold-drawn mechanical
tubing) from the People's Republic of China (China) and India.
DATES: February 1, 2018.
FOR FURTHER INFORMATION CONTACT: Shanah Lee at (202) 482-6386, AD/CVD
Operations, Office III, and Ryan Mullen at (202) 482-5260, AD/CVD
Operations, Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
In accordance with section 705(d) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.210(c), on December 11, 2017,
Commerce published its affirmative final determinations in the
countervailing duty investigations of cold-drawn mechanical tubing from
China and India.\1\ On January 24, 2018, the ITC notified Commerce of
its final affirmative determination, pursuant to section 705(d) of the
Act, that an industry in the United States is materially injured within
the meaning of section 705(b)(1)(A)(i) of the Act, by reason of
subsidized imports of cold-drawn mechanical tubing from China and
India.\2\ Further, the ITC determined that critical circumstances do
not exist with respect to imports of cold-drawn mechanical tubing from
China.
---------------------------------------------------------------------------
\1\ See Countervailing Duty Investigation of Cold-Drawn
Mechanical Tubing of Carbon and Alloy Steel from the People's
Republic of China: Final Affirmative Determination, and Final
Affirmative Determination of Critical Circumstances, in Part, 82 FR
58175 (December 11, 2017) (China Final Determination); and Certain
Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from India:
Final Affirmative Countervailing Duty Determination, 82 FR 58172
(December 11, 2017).
\2\ See letter from the ITC concerning imports of cold-drawn
mechanical tubing from China and India (Investigation Nos. 701-TA-
576-577 (Final)), dated January 24, 2018 (ITC Notification Letter).
---------------------------------------------------------------------------
Scope of the Orders
The product covered by these orders is cold-drawn mechanical tubing
from China and India. For a complete description of the scope of these
orders, see the Appendix to this notice.
Countervailing Duty Orders
As stated above, on January 24, 2018, in accordance with sections
705(d) of the Act, the ITC notified Commerce of its final determination
that an industry in the United States is materially injured by reason
of subsidized imports of cold-drawn mechanical tubing from China and
India.\3\ Therefore, in accordance with section 705(c)(2) of the Act,
Commerce is issuing these countervailing duty orders. Because the ITC
determined that imports of cold-drawn mechanical tubing from China and
India are materially injuring a U.S. industry, unliquidated entries of
such merchandise from China and India, entered or withdrawn from
warehouse for consumption, are subject to the assessment of
countervailing duties.
---------------------------------------------------------------------------
\3\ See ITC Notification Letter.
---------------------------------------------------------------------------
As a result of the ITC's final determination, in accordance with
section 706(a) of the Act, Commerce will direct U.S. Customs and Border
Protection (CBP) to assess, upon further instruction by Commerce,
countervailing duties on unliquidated entries of cold-drawn mechanical
tubing from China and India entered, or withdrawn from warehouse, for
consumption on or after September 25, 2017, the date of publication of
the Preliminary Determinations,\4\ but will not include entries
occurring after the expiration of the provisional measures period and
before publication in the Federal Register of the ITC's final injury
determination.
---------------------------------------------------------------------------
\4\ See Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy
Steel from the People's Republic of China: Preliminary Affirmative
Countervailing Duty Determination, 82 FR 44562 (September 25, 2017);
see also Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy
Steel from India: Preliminary Affirmative Countervailing Duty
Investigation, 82 FR 44558 (September 25, 2017) (collectively,
Preliminary Determinations).
---------------------------------------------------------------------------
Suspension of Liquidation
In accordance with section 706 of the Act, Commerce will instruct
CBP to reinstitute the suspension of liquidation on all entries of
subject merchandise from China and India, applicable the
[[Page 4638]]
date of publication of the ITC's notice of final affirmative injury
determination in the Federal Register, and to assess, upon further
instruction by Commerce pursuant to section 706(a)(1) of the Act,
countervailing duties for each entry of the subject merchandise in an
amount based on the net countervailable subsidy rates for the subject
merchandise. We will also instruct CBP to require cash deposits for
each entry of subject merchandise as indicated below. These
instructions suspending liquidation will remain in effect until further
notice. The all-others rate applies to all producers or exporters not
specifically listed, as appropriate.
------------------------------------------------------------------------
Subsidy rate
Exporter/Producer from China (Percent)
------------------------------------------------------------------------
Jiangsu Hongyi Steel Pipe Co., Ltd \5\.................. 21.41
Zhangjiagang Huacheng Import & Export Co., Ltd \6\...... 18.27
All-Others.............................................. 19.84
------------------------------------------------------------------------
Exporter/Producer from India Subsidy rate
(Percent)
------------------------------------------------------------------------
Goodluck India Limited.................................. 8.02
Tube Investments of India Limited....................... 42.60
All-Others.............................................. 22.40
------------------------------------------------------------------------
Critical Circumstances
With regard to the ITC's negative critical circumstances
determination on imports of cold-drawn mechanical tubing from China, we
will instruct CBP to lift suspension and to refund any cash deposits
made to secure the payment of estimated countervailing duties with
respect to entries of the subject merchandise entered, or withdrawn
from warehouse, for consumption on or after June 27, 2017 (i.e., 90
days prior to the date of the publication of the Preliminary
Determination), but before September 25, 2017 (i.e., the date of
publication of the Preliminary Determination).
---------------------------------------------------------------------------
\5\ In China Final Determination, Commerce continued to find the
following companies to be cross-owned with Jiangsu Hongyi Steel Pipe
Co., Ltd.: Hongren Precision Pipe Manufacturing Co., Ltd and
Changzhou Kemeng Mechanical Equipment Co., Ltd.
\6\ See Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel
from the People's Republic of China: Notice of Correction to Final
Affirmative Countervailing Duty Determination of Critical
Circumstances, In Part, 83 FR 351 (January 3, 2018) (China
Correction Notice). In China Correction Notice, Commerce clarified
the names of the companies it found to be cross-owned with
Zhangjiagang Huacheng Import & Export Co., Ltd.: Jiangsu Huacheng
Industry Pipe Making Corporation, Zhangjiagang Salem Fine Tubing
Co., Ltd., Zhangjiagang Huacheng Investment Holding Co., Ltd.,
Zhangjiagang HZB Special Material Technology Co., Ltd. and
Zhangjiagang Huacheng Special Materials Corporation.
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Notification to Interested Parties
This notice constitutes the countervailing duty orders with respect
to cold-drawn mechanical tubing from China and India pursuant to
section 706(a) of the Act. Interested parties can find a list of
countervailing duty orders at https://enforcement.trade.gov/stats/iastats1.html.
These orders are issued and published in accordance with section
706(a) and 19 CFR 351.211(b).
Dated: January 26, 2018.
P. Lee Smith,
Deputy Assistant Secretary for Policy and Negotiations.
Appendix
Scope of the Orders
The scope of these orders 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 these orders when it meets the physical description set
forth above.
Steel products included in the scope of these orders 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 these orders.
All products that meet the written physical description are
within the scope of these orders 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 orders 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 these orders:
(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;
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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 these orders.
The products subject to the orders 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 orders is dispositive.
[FR Doc. 2018-02045 Filed 1-31-18; 8:45 am]
BILLING CODE 3510-DS-P