Large Diameter Welded Pipe From India, the People's Republic of China, the Republic of Korea, and the Republic of Turkey: Initiation of Countervailing Duty Investigations, 7148-7153 [2018-03304]
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Federal Register / Vol. 83, No. 34 / Tuesday, February 20, 2018 / Notices
months. Accordingly, Commerce’s final
determination will publish no later than
135 days after the publication of the
preliminary determination notice.
International Trade Commission
Notification
In accordance with section 733(f) of
the Act, Commerce will notify the
International Trade Commission (ITC) of
its preliminary determination. If the
final determination is affirmative, the
ITC will determine before the later of
120 days after the date of this
preliminary determination or 45 days
after the final determination whether
these imports are materially injuring, or
threaten material injury to, the U.S.
industry.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act and 19
CFR 351.205(c).
Dated: February 12, 2018.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
III. Period of Investigation
IV. Postponement of Final Determination and
Extension of Provisional Measures
V. Scope Comments
VI. Scope of the Investigation
VII. Discussion of the Methodology
A. Non-Market Economy Country
B. Surrogate Country and Surrogate Value
Comments
C. Separate Rates
D. Affiliation
E. China-Wide Entity
F. Application of Facts Available and
Adverse Inferences
G. Date of Sale
H. Comparisons to Fair Value
I. U.S. Price
J. Value-Added Tax (VAT)
K. Normal Value
L. Factor Valuation Methodology
VIII. Currency Conversion
IX. Adjustment Under Section 777(A)(F) of
the Act
X. Critical Circumstances
XI. Adjustment for Countervailable Export
Subsidies
XII. Verification
XIII. Conclusion
[FR Doc. 2018–03404 Filed 2–16–18; 8:45 am]
BILLING CODE 3510–DS–P
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Appendix I
DEPARTMENT OF COMMERCE
Scope of the Investigation
The merchandise covered by this
investigation is cast iron soil pipe fittings,
finished and unfinished, regardless of
industry or proprietary specifications, and
regardless of size. Cast iron soil pipe fittings
are nonmalleable iron castings of various
designs and sizes, including, but not limited
to, bends, tees, wyes, traps, drains, and other
common or special fittings, with or without
side inlets.
Cast iron soil pipe fittings are classified
into two major types—hubless and hub and
spigot. Hubless cast iron soil pipe fittings are
manufactured without a hub, generally in
compliance with Cast Iron Soil Pipe Institute
(CISPI) specification 301 and/or American
Society for Testing and Materials (ASTM)
specification A888. Hub and spigot pipe
fittings have hubs into which the spigot
(plain end) of the pipe or fitting is inserted.
Cast iron soil pipe fittings are generally
distinguished from other types of
nonmalleable cast iron fittings by the manner
in which they are connected to cast iron soil
pipe and other fittings.
The subject imports are normally classified
in subheading 7307.11.0045 of the
Harmonized Tariff Schedule of the United
States (HTSUS): Cast fittings of nonmalleable
cast iron for cast iron soil pipe. The HTSUS
subheading and specifications are provided
for convenience and customs purposes only;
the written description of the scope of this
investigation is dispositive.
International Trade Administration
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
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[C–533–882, C–570–078, C–580–898, C–489–
834]
Large Diameter Welded Pipe From
India, the People’s Republic of China,
the Republic of Korea, and the
Republic of Turkey: Initiation of
Countervailing Duty Investigations
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable February 9, 2018.
FOR FURTHER INFORMATION CONTACT:
Robert Palmer at (202) 482–9068 (India),
Jerry Huang at (202) 482–4047 (the
People’s Republic of China (China)),
George Ayache at (202) 482–2623 (the
Republic of Korea (Korea)), and Ajay
Menon at (202) 482–1993 (the Republic
of Turkey (Turkey)), AD/CVD
Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
The Petitions
On January 17, 2018, the U.S.
Department of Commerce (Commerce)
received countervailing duty (CVD)
Petitions concerning imports of large
diameter welded pipe (welded pipe)
from China, India, Korea, and Turkey,
filed in proper form on behalf of Berg
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Steel Pipe Corp., Dura-Bond Industries,
Stupp Corporation, American Cast Iron
Pipe Company, and Skyline Steel
(collectively, the petitioners).1 The CVD
Petitions were accompanied by
antidumping duty (AD) Petitions
concerning imports of welded pipe from
Canada, China, Greece, India, Korea,
and Turkey. The petitioners are
domestic producers of welded pipe.2
Commerce exercised its discretion to
toll all deadlines affected by the closure
of the Federal Government from January
20 through 22, 2018. If the new deadline
falls on a non-business day, in
accordance with Commerce’s practice,
the deadline will become the next
business day. The revised deadline for
the initiation of these investigations is
now February 9, 2018.3
On January 23 and 26, 2018,
Commerce requested supplemental
information pertaining to certain aspects
of the Petitions.4 The petitioners filed
responses to these requests on January
25, 26, and 29, 2018.5 On February 5,
1 See Petitioners’ letter, ‘‘Large Diameter Welded
Pipe from Canada, Greece, India, the People’s
Republic of China, the Republic of Korea, and the
Republic of Turkey: Petitions for the Imposition of
Antidumping and Countervailing Duties,’’ dated
January 17, 2018 (the Petitions).
2 Id. at Volume I of the Petition at 2.
3 See Memorandum for The Record from
Christian Marsh, Deputy Assistant Secretary for
Enforcement and Compliance, performing the nonexclusive functions and duties of the Assistant
Secretary for Enforcement and Compliance,
‘‘Deadlines Affected by the Shutdown of the
Federal Government’’ (Tolling Memorandum),
dated January 23, 2018. All deadlines in this
segment of the proceeding have been extended by
three days.
4 See Commerce’s Letters, ‘‘Petitions for the
Imposition of Antidumping Duties on Imports of
Large Diameter Welded Pipe from Canada, Greece,
India, the People’s Republic of China, the Republic
of Korea, and the Republic of Turkey and
Countervailing Duties on Imports from India, the
Republic of China, the Republic of Korea, and the
Republic of Turkey: Supplemental Questions,’’
(General Issues Supplemental Questionnaire);
‘‘Petition for the Imposition of Countervailing
Duties on Imports of Large Diameter Welded Pipe
from India: Supplemental Questions;’’ ‘‘Petition for
the Imposition of Countervailing Duties on Imports
of Large Diameter Welded Pipe from the People’s
Republic of China: Supplemental Questions;’’
‘‘Petition for the Imposition of Countervailing
Duties on Imports of Large Diameter Welded Pipe
from the Republic of Korea: Supplemental
Questions;’’ and ‘‘Petition for the Imposition of
Countervailing Duties on Imports of Large Diameter
Welded Pipe from the Republic of Turkey:
Supplemental Questions.’’ All of these documents
are dated January 23, 2018. See also Commerce’s
Letter, ‘‘Petition for the Imposition of
Countervailing Duties on Imports of Large Diameter
Welded Pipe from the Republic of Turkey:
Supplemental Questions,’’ dated January 26, 2018.
5 See Petitioners’ Letters, ‘‘Large Diameter Welded
Pipe from Canada, Greece, India, the People’s
Republic of China, the Republic of Korea and the
Republic of Turkey: Response to the Department’s
January 23, 2018 Supplemental Questions
Regarding Volume IX of the Petition for the
Imposition of Antidumping and Countervailing
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2018, the petitioners submitted certain
revisions to the scope.6
In accordance with section 702(b)(1)
of the Tariff Act of 1930, as amended
(the Act), the petitioners allege that the
Governments of China, India, Korea,
and Turkey (GOC, GOI, GOK, and GOT,
respectively) are providing
countervailable subsidies, within the
meaning of sections 701 and 771(5) of
the Act, to producers of welded pipe in
China, India, Korea, and Turkey, and
imports of such products are materially
injuring, or threatening material injury
to, the domestic welded pipe industry
in the United States. Consistent with
section 702(b)(1) of the Act and 19 CFR
351.202(b), for those alleged programs
on which we are initiating a CVD
investigation, the Petitions are
accompanied by information reasonably
available to the petitioners supporting
their allegations.
Commerce finds that the petitioners
filed the Petitions on behalf of the
domestic industry because the
petitioners are interested parties as
defined in section 771(9)(C) of the Act.
Commerce also finds that the petitioners
Duties;’’ ‘‘Large Diameter Welded Pipe from
Canada, Greece, India, the People’s Republic of
China, the Republic of Korea and the Republic of
Turkey: Response to the Department’s January 23,
2018 Supplemental Questions Regarding Volume V
of the Petition for the Imposition of Antidumping
and Countervailing Duties;’’ ‘‘Large Diameter
Welded Pipe from Canada, Greece, India, the
People’s Republic of China, the Republic of Korea
and the Republic of Turkey: Response to the
Department’s January 23, 2018 Supplemental
Questions Regarding Volume VII of the Petition for
the Imposition of Antidumping and Countervailing
Duties;’’ and ‘‘Large Diameter Welded Pipe from
Canada, Greece, India, the People’s Republic of
China, the Republic of Korea and the Republic of
Turkey: Response to the Department’s January 23,
2018 Supplemental Questions Regarding Volume XI
of the Petition for the Imposition of Antidumping
and Countervailing Duties.’’ All of these documents
are dated January 25, 2018. See also Petitioners’
Letter, ‘‘Large Diameter Welded Pipe from Canada,
Greece, India, the People’s Republic of China, the
Republic of Korea and the Republic of Turkey:
Response to the Department’s January 23, 2018
Supplemental Questions Regarding Volume I of the
Petition for the Imposition of Antidumping and
Countervailing Duties,’’ dated January 26, 2018
(General Issues Supplement). See also Petitioners’
Letter, ‘‘Large Diameter Welded Pipe from Canada,
Greece, India, the People’s Republic of China, the
Republic of Korea and the Republic of Turkey:
Response to the Department’s January 26, 2018
Supplemental Questions Regarding Volume XI of
the Petition for the Imposition of Antidumping and
Countervailing Duties,’’ dated January 29, 2018.
6 See Memorandum, ‘‘Petitions for the Imposition
of Antidumping and Countervailing Duties on Large
Diameter Welded Pipe from Canada, Greece, India,
the People’s Republic of China, the Republic of
Korea, and the Republic of Turkey: Phone Call with
Counsel to the Petitioners,’’ dated February 1, 2018;
see also Petitioners’ Letter, ‘‘Large Diameter Welded
Pipe from Canada, Greece, India, the People’s
Republic of China, the Republic of Korea and the
Republic of Turkey: Petition Supplement on Scope
and Industry Support,’’ dated February 5, 2018
(Scope and Industry Support Supplement).
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demonstrated sufficient industry
support necessary for the initiation of
the requested CVD investigations.7
Period of Investigation
Because the Petitions were filed on
January 17, 2018, the period of
investigation for each of the
investigations is January 1, 2017,
through December 31, 2017.
Scope of the Investigations
The product covered by these
investigations is large diameter welded
pipe from China, India, Korea, and
Turkey. For a full description of the
scope of these investigations, see the
Appendix to this notice.
Comments on Scope of the
Investigations
During our review of the Petitions,
Commerce issued questions to, and
received responses from, the petitioners
pertaining to the proposed scope to
ensure that the scope language in the
Petitions is an accurate reflection of the
products for which the domestic
industry is seeking relief.8 As a result of
these exchanges, the scope of the
Petitions was modified to clarify the
description of merchandise covered by
the Petitions. The description of the
merchandise covered by this initiation,
as described in the Appendix to this
notice, reflects these clarifications.
As discussed in the Preamble to
Commerce’s regulations, we are setting
aside a period for interested parties to
raise issues regarding product coverage
(scope).9 Commerce will consider all
comments received from interested
parties and, if necessary, will consult
with interested parties prior to the
issuance of the preliminary
determinations. If scope comments
include factual information,10 all such
factual information should be limited to
public information. To facilitate
preparation of its questionnaires,
Commerce requests that all interested
parties submit such comments by 5:00
p.m. Eastern Time (ET) on March 1,
2018, which is 20 calendar days from
the signature date of this notice. Any
rebuttal comments, which may include
factual information, must be filed by
5:00 p.m. ET on March 12, 2018, which
is the next business day after 10
7 See ‘‘Determination of Industry Support for the
Petition’’ section, infra.
8 See General Issues Supplemental Questionnaire,
at 4–5.
9 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997)
(Preamble).
10 See 19 CFR 351.102(b)(21) (defining ‘‘factual
information’’).
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calendar days from the initial comments
deadline.11
Commerce requests that any factual
information parties consider relevant to
the scope of the investigations be
submitted during this period. However,
if a party subsequently finds that
additional factual information
pertaining to the scope of the
investigations may be relevant, the party
may contact Commerce and request
permission to submit the additional
information. All such submissions must
be filed on the records of each of the
concurrent AD and CVD investigations.
Filing Requirements
All submissions to Commerce must be
filed electronically using Enforcement
and Compliance’s Antidumping Duty
and Countervailing Duty Centralized
Electronic Service System (ACCESS).12
An electronically filed document must
be received successfully in its entirety
by the time and date it is due.
Documents exempted from the
electronic submission requirements
must be filed manually (i.e., in paper
form) with Enforcement and
Compliance’s APO/Dockets Unit, Room
18022, U.S. Department of Commerce,
1401 Constitution Avenue NW,
Washington, DC 20230, and stamped
with the date and time of receipt by the
applicable deadlines.
Consultations
Pursuant to sections 702(b)(4)(A)(i)
and (ii) of the Act, Commerce notified
representatives of the GOC, GOI, GOK,
and GOT of the receipt of the Petitions,
and provided them the opportunity for
consultations with respect to the CVD
Petitions.13 Consultations were held
11 See
19 CFR 351.303(b).
Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011). See also Enforcement and
Compliance: Change of Electronic Filing System
Name, 79 FR 69046 (November 20, 2014) for details
of Commerce’s electronic filing requirements,
which went into effect on August 5, 2011.
Information on help using ACCESS can be found at
https://access.trade.gov/help.aspx, and a handbook
can be found at https://access.trade.gov/help/
Handbook%20on%20Electronic%20Filling
%20Procedures.pdf.
13 See Letter from Paul Walker, Program Manager,
Office V, to the Embassy of China ‘‘Countervailing
Duty Petition on Large Diameter Welded Pipe from
the People’s Republic of China: Invitation for
Consultations to Discuss the Countervailing Duty
Petition,’’ dated January 29, 2018; Letter from
Kathleen Marksberry, Program Manager, Office VIII,
to the Embassy of India ‘‘Countervailing Duty
Petition on Large Diameter Welded Pipe from India:
Invitation for Consultations to Discuss the
Countervailing Duty Petition,’’ dated January 17,
2018; Letter from Kathleen Marksberry, Program
Manager, Office VIII, to the Embassy of the Republic
of Korea ‘‘Countervailing Duty Petition on Large
12 See
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with the GOI on February 2, 2018; with
the GOK on January 26, 2018; and with
the GOT on January 30, 2018.14 The
GOC did not request consultations.
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Determination of Industry Support for
the Petitions
Section 702(b)(1) of the Act requires
that a petition be filed on behalf of the
domestic industry. Section 702(c)(4)(A)
of the Act provides that a petition meets
this requirement if the domestic
producers or workers who support the
petition account for: (i) At least 25
percent of the total production of the
domestic like product; and (ii) more
than 50 percent of the production of the
domestic like product produced by that
portion of the industry expressing
support for, or opposition to, the
petition. Moreover, section 702(c)(4)(D)
of the Act provides that, if the petition
does not establish support of domestic
producers or workers accounting for
more than 50 percent of the total
production of the domestic like product,
Commerce shall: (i) Poll the industry or
rely on other information in order to
determine if there is support for the
petition, as required by subparagraph
(A); or (ii) determine industry support
using a statistically valid sampling
method to poll the ‘‘industry.’’
Section 771(4)(A) of the Act defines
the ‘‘industry’’ as the producers as a
whole of a domestic like product. Thus,
to determine whether a petition has the
requisite industry support, the statute
directs Commerce to look to producers
and workers who produce the domestic
like product. The International Trade
Commission (ITC), which is responsible
for determining whether ‘‘the domestic
industry’’ has been injured, must also
determine what constitutes a domestic
like product in order to define the
industry. While both Commerce and the
ITC must apply the same statutory
definition regarding the domestic like
product,15 they do so for different
purposes and pursuant to a separate and
Diameter Welded Pipe from the Republic of Korea,’’
dated January 17, 2018; and Letter from Melissa
Skinner, Director, Office II to the Embassy of the
Republic of Turkey ‘‘Large Diameter Welded Pipe
from the Republic of Turkey: Invitation for
Consultations to Discuss the Countervailing Duty
Petition,’’ dated January 18, 2018.
14 See Memorandum, ‘‘Consultations with
Officials from the Government of India Regarding
the Countervailing Duty Petition on Large Diameter
Welded Pipe from India,’’ dated February 7, 2018;
Memorandum, ‘‘Consultations with Government
Officials from the Republic of Korea on the
Countervailing Duty Petition Regarding Large
Diameter Welded Pipe from the Republic of Korea,’’
dated February 1, 2018; and Memorandum,
‘‘Countervailing Duty Petition Regarding Large
Diameter Welded Pipe from the Republic of Turkey:
Consultations with Government of Turkey,’’ dated
January 30, 2018.
15 See section 771(10) of the Act.
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distinct authority. In addition,
Commerce’s determination is subject to
limitations of time and information.
Although this may result in different
definitions of the like product, such
differences do not render the decision of
either agency contrary to law.16
Section 771(10) of the Act defines the
domestic like product as ‘‘a product
which is like, or in the absence of like,
most similar in characteristics and uses
with, the article subject to an
investigation under this title.’’ Thus, the
reference point from which the
domestic like product analysis begins is
‘‘the article subject to an investigation’’
(i.e., the class or kind of merchandise to
be investigated, which normally will be
the scope as defined in the petition).
With regard to the domestic like
product, the petitioners do not offer a
definition of the domestic like product
distinct from the scope of the
investigations.17 Based on our analysis
of the information submitted on the
record, we have determined that welded
pipe, as defined in the scope,
constitutes a single domestic like
product, and we have analyzed industry
support in terms of that domestic like
product.18
In determining whether the
petitioners have standing under section
702(c)(4)(A) of the Act, we considered
the industry support data contained in
the Petitions with reference to the
domestic like product as defined in the
‘‘Scope of the Investigations,’’ in the
Appendix to this notice. The petitioners
provided their own 2017 shipments of
the domestic like product and 2017
shipments by supporters of the
petitions.19 The petitioners compared
16 See USEC, Inc. v. United States, 132 F. Supp.
2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd.
v. United States, 688 F. Supp. 639, 644 (CIT 1988),
aff’d 865 F.2d 240 (Fed. Cir. 1989)).
17 See Volume I of the Petitions, at 15; see also
General Issues Supplement, at 7–10.
18 For a discussion of the domestic like product
analysis as applied to these cases and information
regarding industry support, see Countervailing Duty
Investigation Initiation Checklist: Large Diameter
Welded Pipe from India (India CVD Initiation
Checklist), at Attachment II; Countervailing Duty
Investigation Initiation Checklist: Large Diameter
Welded Pipe from the People’s Republic of China
(China CVD Initiation Checklist), at Attachment II;
Countervailing Duty Investigation Initiation
Checklist: Large Diameter Welded Pipe from the
Republic of Korea (Korea CVD Initiation Checklist),
at Attachment II; and Countervailing Duty
Investigation Initiation Checklist: Large Diameter
Welded Pipe from the Republic of Turkey (Turkey
CVD Initiation Checklist), at Attachment II. These
checklists are dated concurrently with this notice
and on file electronically via ACCESS. Access to
documents filed via ACCESS is also available in the
Central Records Unit, Room B8024 of the main
Department of Commerce building.
19 See Volume I of the Petitions, at 4 and Exhibit
I–4; see also letter from the petitioners to Commerce
dated January 31, 2018, ‘‘Supplement to the
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the total quantity of these shipments to
the estimated total shipments of the
domestic like product for the entire
domestic industry.20 The petitioners
explained that they relied on shipment
data because production data for the
entire domestic industry are not
available.21 In addition, the petitioners
provided a comparison of their own
production and shipment data to
demonstrate that shipments are a
reasonable proxy for data on production
of welded pipe.22 We relied on data the
petitioners provided for purposes of
measuring industry support.23
Our review of the data provided in the
Petitions, General Issues Supplement,
Industry Support Supplement, Scope
and Industry Support Supplement, and
other information readily available to
Commerce indicates that the petitioners
have established industry support for
the Petitions.24 First, the Petitions
established support from domestic
producers (or workers) accounting for
more than 50 percent of the total
production of the domestic like product
and, as such, Commerce is not required
to take further action in order to
evaluate industry support (e.g.,
polling).25 Second, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 702(c)(4)(A)(i) of the Act
because the domestic producers (or
workers) who support the Petitions
account for at least 25 percent of the
total production of the domestic like
product.26 Finally, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 702(c)(4)(A)(ii) of the Act
because the domestic producers (or
workers) who support the Petitions
account for more than 50 percent of the
production of the domestic like product
produced by that portion of the industry
expressing support for, or opposition to,
the Petitions.27 Accordingly, Commerce
determines that the Petitions were filed
on behalf of the domestic industry
Petitions for the Imposition of Antidumping and
Countervailing Duties: Industry Support’’ (Industry
Support Supplement), at 2–3 and Exhibit I–Supp2–
1; see also Scope and Industry Support
Supplement, at Exhibit I–Supp. 3–3.
20 Id.
21 See Industry Support Supplement, at 3.
22 Id., at 3 and Exhibits I–Supp–2–1 and I–
Supp2–2.
23 Id. For further discussion, see Attachment II of
the China CVD Initiation Checklist, India CVD
Initiation Checklist, Korea CVD Initiation Checklist,
and Turkey CVD Initiation Checklist.
24 Id.
25 Id.; see also section 702(c)(4)(D) of the Act.
26 See Attachment II of the China CVD Initiation
Checklist, India CVD Initiation Checklist, Korea
CVD Initiation Checklist, and Turkey CVD Initiation
Checklist.
27 Id.
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within the meaning of section 702(b)(1)
of the Act.
Commerce finds that the petitioners
filed the Petitions on behalf of the
domestic industry because they are
interested parties as defined in section
771(9)(C) of the Act, and they have
demonstrated sufficient industry
support with respect to the CVD
investigations that they are requesting
that Commerce initiate.28
In letters dated January 25, January
29, and February 5, 2018, Borusan
Mannesmann Boru Sanayi ve Ticaret
A.S. and Borusan Istikbal Ticaret T.A.S.
(collectively, Borusan), a Turkish
producer and exporter, submitted
comments on industry support. The
petitioners responded to these
comments in the Scope and Industry
Support Supplement, dated February 5,
2018. For further discussion of these
comments, see Attachment II of the
China CVD Initiation Checklist, India
CVD Initiation Checklist, Korea CVD
Initiation Checklist, and Turkey CVD
Initiation Checklist.
Injury Test
Because India, China, Korea, and
Turkey are ‘‘Subsidies Agreement
Countries’’ within the meaning of
section 701(b) of the Act, section
701(a)(2) of the Act applies to this
investigation. Accordingly, the ITC must
determine whether imports of the
subject merchandise from India, China,
Korea, and Turkey materially injure, or
threaten material injury to, a U.S.
industry.
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Allegations and Evidence of Material
Injury and Causation
The petitioners allege that imports of
the subject merchandise are benefitting
from countervailable subsidies and that
such imports are causing, or threaten to
cause, material injury to the U.S.
industry producing the domestic like
product. In addition, the petitioners
allege that subject imports exceed the
negligibility threshold provided for
under section 771(24)(A) of the Act.29 In
CVD petitions, section 771(24)(B) of the
Act provides that imports of subject
merchandise from developing and least
developed countries must exceed the
negligibility threshold of four percent.
The petitioners have adequately
demonstrated that subject imports from
India, which has been designated as a
least developed country under section
771(36)(B) of the Act, exceeded the
28 Id.
29 See Volume I of the Petitions, at 26–27 and
Exhibit I–11; see also General Issues Supplement,
at 15–18 and Exhibits I–Supp–10 and I–Supp–11.
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negligibility threshold of four percent
during the period of investigation.30
The petitioners contend that the
industry’s injured condition is
illustrated by a significant volume of
subject imports; reduced market share;
underselling and price depression or
suppression; lost sales and revenues;
and a negative impact on the domestic
industry’s U.S. shipments, capacity
utilization, production, and financial
performance.31 We have assessed the
allegations and supporting evidence
regarding material injury, threat of
material injury, and causation, and we
have determined that these allegations
are properly supported by adequate
evidence, and meet the statutory
requirements for initiation.32
Initiation of CVD Investigations
Based on the examination of the
Petitions, we find that the Petitions
meet the requirements of section 702 of
the Act. Therefore, we are initiating
CVD investigations to determine
whether imports of welded pipe from
China, India, Korea, and Turkey benefit
from countervailable subsidies
conferred by the GOC, GOI, GOK, and
GOT, respectively. In accordance with
section 703(b)(1) of the Act and 19 CFR
351.205(b)(1), unless postponed, we will
make our preliminary determinations no
later than 65 days after the date of this
initiation.
Numerous amendments to the AD and
CVD laws were made pursuant to the
Trade Preferences Extension Act of
2015.33 The amendments to sections
776 and 782 of the Act are applicable to
all determinations made on or after
August 6, 2015, and, therefore, apply to
these CVD investigations.34
30 Id.
31 Id., at 13–15, 18–43 and Exhibits I–5 and I–8
through I–18; see also General Issues Supplement,
at 1, 15–18 and Exhibits I–Supp–1, I–Supp–2, I–
Supp–10 and I–Supp–11.
32 See China CVD Initiation Checklist, at
Attachment III, Analysis of Allegations and
Evidence of Material Injury and Causation for the
Antidumping and Countervailing Duty Petitions
Covering Large Diameter Welded Pipe from Canada,
Greece, India, the People’s Republic of China, the
Republic of Korea, and the Republic of Turkey
(Attachment III); see also India CVD Initiation
Checklist, at Attachment III; see also Korea CVD
Initiation Checklist, at Attachment III; see also
Turkey CVD Initiation Checklist, at Attachment III.
33 See Trade Preferences Extension Act of 2015,
Public Law 114–27, 129 Stat. 362 (2015). See also
Dates of Application of Amendments to the
Antidumping and Countervailing Duty Laws Made
by the Trade Preferences Extension Act of 2015, 80
FR 46793 (August 6, 2015) (Applicability Notice).
The 2015 amendments may be found at https://
www.congress.gov/bill/114th-congress/house-bill/
1295/text/pl.
34 See Applicability Notice, 80 FR at 46794–95.
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7151
China
Based on our review of the Petition,
we find that there is sufficient
information to initiate a CVD
investigation on 27 of the 28 alleged
programs, and to partially initiate on the
28th program. For a full discussion of
the basis for our decision to initiate on
each program, see China CVD Initiation
Checklist. A public version of the
initiation checklist for this investigation
is available on ACCESS.
India
Based on our review of the Petition,
we find that there is sufficient
information to initiate a CVD
investigation on 70 of the 72 alleged
programs. For a full discussion of the
basis for our decision to initiate on each
program, see India CVD Initiation
Checklist. A public version of the
initiation checklist for this investigation
is available on ACCESS.
Korea
Based on our review of the Petition,
we find that there is sufficient
information to initiate a CVD
investigation on 20 of the 21 alleged
programs. For a full discussion of the
basis for our decision to initiate on each
program, see Korea CVD Initiation
Checklist. A public version of the
initiation checklist for this investigation
is available on ACCESS.
Turkey
Based on our review of the Petition,
we find that there is sufficient
information to initiate a CVD
investigation on all 15 alleged programs.
For a full discussion of the basis for our
decision to initiate on each program, see
Turkey CVD Initiation Checklist. A
public version of the initiation checklist
for this investigation is available on
ACCESS.
Respondent Selection
The petitioners named 157 companies
in China,35 26 companies in India,36 28
companies in Korea,37 and 13
companies in Turkey,38 as producers/
exporters of welded pipe. Commerce
intends to follow its standard practice in
CVD investigations and calculate
company-specific subsidy rates in these
investigations. In the event Commerce
determines that the number of
companies is large and it cannot
individually examine each company
based upon Commerce’s resources,
35 See General Issues and China AD Supplement,
at Exhibit I–Supp–4.
36 See the Petitions at Exhibit I–3.
37 Id.
38 Id.
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Federal Register / Vol. 83, No. 34 / Tuesday, February 20, 2018 / Notices
where appropriate, Commerce intends
to select mandatory respondents based
on U.S. Customs and Border Protection
(CBP) data for U.S. imports of welded
pipe from China, India, Korea, and
Turkey during the POI under the
appropriate Harmonized Tariff Schedule
of the United States numbers listed in
the ‘‘Scope of the Investigation,’’ in the
Appendix.
On February 1, 2018 (for India and
Korea), February 2, 2018 (for China),
and February 6, 2018 (for Turkey),
Commerce released CBP data under
Administrative Protective Order (APO)
to all parties with access to information
protected by APO and indicated that
interested parties wishing to comment
regarding the CBP data and respondent
selection must do so within three
business days of the publication date of
the notice of initiation of these CVD
investigations.39 Commerce will not
accept rebuttal comments regarding the
CBP data or respondent selection.
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305(b).
Instructions for filing such applications
may be found on the Commerce’s
website at https://enforcement.trade.gov/
apo.
Comments must be filed
electronically using ACCESS. An
electronically filed document must be
received successfully, in its entirety, by
ACCESS no later than 5:00 p.m. ET on
the date noted above. We intend to
finalize our decisions regarding
respondent selection within 20 days of
publication of this notice.
Distribution of Copies of the Petitions
sradovich on DSK3GMQ082PROD with NOTICES
In accordance with section
702(b)(4)(A)(i) of the Act and 19 CFR
351.202(f), copies of the public versions
of the Petitions have been provided to
the GOC, GOI, GOK, and GOT via
ACCESS. To the extent practicable, we
will attempt to provide a copy of the
public version of the Petitions to each
exporter named in the Petitions, as
provided under 19 CFR 351.203(c)(2).
39 See Memorandum, ‘‘Large Diameter Welded
Pipe from India Countervailing Duty Petition:
Release of Customs Data from U.S. Customs and
Border Protection,’’ dated February 1, 2018;
Memorandum, ‘‘Large Diameter Welded Pipe from
the Republic of Korea Countervailing Duty Petition:
Release of Customs Data from U.S. Customs and
Border Protection,’’ dated February 1, 2018;
Memorandum, ‘‘Large Diameter Welded Pipe from
the People’s Republic of China Releasing U.S.
Customs and Border Protection Data,’’ dated
February 2, 2018; and Memorandum, ‘‘Large
Diameter Welded Pipe from the Republic of Turkey
Countervailing Duty Petition: Release of Customs
Data from U.S. Customs and Border Protection,’’
dated February 6, 2018.
VerDate Sep<11>2014
17:55 Feb 16, 2018
Jkt 244001
ITC Notification
We will notify the ITC of our
initiation, as required by section 702(d)
of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine,
within 45 days after the date on which
the Petitions were filed, whether there
is a reasonable indication that imports
of welded pipe from China, India,
Korea, and Turkey are materially
injuring, or threatening material injury
to, a U.S. industry.40 A negative ITC
determination for any country will
result in the investigation being
terminated with respect to that
country.41 Otherwise, these
investigations will proceed according to
statutory and regulatory time limits.
Submission of Factual Information
Factual information is defined in 19
CFR 351.102(b)(21) as: (i) Evidence
submitted in response to questionnaires;
(ii) evidence submitted in support of
allegations; (iii) publicly available
information to value factors under 19
CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR
351.511(a)(2); (iv) evidence placed on
the record by Commerce; and (v)
evidence other than factual information
described in (i)–(iv). 19 CFR 351.301(b)
requires any party, when submitting
factual information, to specify under
which subsection of 19 CFR
351.102(b)(21) the information is being
submitted 42 and, if the information is
submitted to rebut, clarify, or correct
factual information already on the
record, to provide an explanation
identifying the information already on
the record that the factual information
seeks to rebut, clarify, or correct.43 Time
limits for the submission of factual
information are addressed in 19 CFR
351.301, which provides specific time
limits based on the type of factual
information being submitted. Interested
parties should review the regulations
prior to submitting factual information
in these investigations.
Extensions of Time Limits
Parties may request an extension of
time limits before the expiration of a
time limit established under 19 CFR
351.301, or as otherwise specified by the
Secretary. In general, an extension
request will be considered untimely if it
is filed after the expiration of the time
limit established under 19 CFR 351.301.
For submissions that are due from
40 See
section 703(a)(2) of the Act.
section 703(a)(1) of the Act.
42 See 19 CFR 351.301(b).
43 See 19 CFR 351.301(b)(2).
41 See
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multiple parties simultaneously, an
extension request will be considered
untimely if it is filed after 10:00 a.m. ET
on the due date. Under certain
circumstances, we may elect to specify
a different time limit by which
extension requests will be considered
untimely for submissions which are due
from multiple parties simultaneously. In
such a case, we will inform parties in
the letter or memorandum setting forth
the deadline (including a specified time)
by which extension requests must be
filed to be considered timely. An
extension request must be made in a
separate, stand-alone submission; under
limited circumstances we will grant
untimely-filed requests for the extension
of time limits. Parties should review
Extension of Time Limits; Final Rule, 78
FR 57790 (September 20, 2013),
available at https://www.gpo.gov/fdsys/
pkg/FR-2013-09-20/html/201322853.htm, prior to submitting factual
information in these investigations.
Certification Requirements
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information.44
Parties must use the certification
formats provided in 19 CFR
351.303(g).45 Commerce intends to
reject factual submissions if the
submitting party does not comply with
the applicable revised certification
requirements.
Notification to Interested Parties
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305. On
January 22, 2008, Commerce published
Antidumping and Countervailing Duty
Proceedings: Documents Submission
Procedures; APO Procedures, 73 FR
3634 (January 22, 2008). Parties wishing
to participate in this investigation
should ensure that they meet the
requirements of these procedures (e.g.,
the filing of letters of appearance as
discussed at 19 CFR 351.103(d)).
This notice is issued and published
pursuant to sections 702 and 777(i) of
the Act and 19 CFR 351.203(c).
44 See
section 782(b) of the Act.
Certification of Factual Information to
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (‘‘Final Rule’’); see also frequently asked
questions regarding the Final Rule, available at
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
45 See
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Federal Register / Vol. 83, No. 34 / Tuesday, February 20, 2018 / Notices
7305.11.5000, 7305.12.1030, 7305.12.1060,
7305.12.5000, 7305.19.1030, 7305.19.1060,
7305.19.5000, 7305.31.4000, 7305.31.6010,
7305.31.6090, 7305.39.1000 and
7305.39.5000. While the HTSUS subheadings
are provided for convenience and customs
purposes, the written description of the
scope of these investigations is dispositive.
Appendix
sradovich on DSK3GMQ082PROD with NOTICES
Dated: February 9, 2018.
James Maeder,
Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations, performing the duties of Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations.
[FR Doc. 2018–03304 Filed 2–16–18; 8:45 am]
Scope of the Investigations
The merchandise covered by these
investigations is welded carbon and alloy
steel pipe, more than 406.4 mm (16 inches)
in nominal outside diameter (large diameter
welded pipe), regardless of wall thickness,
length, surface finish, grade, end finish, or
stenciling. Large diameter welded pipe may
be used to transport oil, gas, slurry, steam, or
other fluids, liquids, or gases. It may also be
used for structural purposes, including, but
not limited to, piling. Specifically, not
included is large diameter welded pipe
produced only to specifications of the
American Water Works Association (AWWA)
for water and sewage pipe.
Large diameter welded pipe used to
transport oil, gas, or natural gas liquids is
normally produced to the American
Petroleum Institute (API) specification 5L.
Large diameter welded pipe may also be
produced to American Society for Testing
and Materials (ASTM) standards A500, A252,
or A53, or other relevant domestic
specifications, grades and/or standards. Large
diameter welded pipe can be produced to
comparable foreign specifications, grades
and/or standards or to proprietary
specifications, grades and/or standards, or
can be non-graded material. All pipe meeting
the physical description set forth above is
covered by the scope of these investigations,
whether or not produced according to a
particular standard.
Subject merchandise also includes large
diameter welded pipe that has been further
processed in a third country, including but
not limited to coating, painting, notching,
beveling, cutting, punching, welding, or any
other processing that would not otherwise
remove the merchandise from the scope of
the investigations if performed in the country
of manufacture of the in-scope large diameter
welded pipe.
Excluded from the scope are any products
covered by the existing antidumping duty
orders on welded line pipe from the Republic
of Korea, welded line pipe from the Republic
of Turkey, and welded ASTM A–312
stainless steel pipe from Korea, as well as any
products covered by the existing
countervailing duty order on welded line
pipe from Turkey. See Welded Line Pipe from
the Republic of Korea and the Republic of
Turkey: Antidumping Duty Orders, 80 FR
75056 (December 1, 2015); Welded ASTM A–
312 Stainless Steel Pipe from South Korea:
Antidumping Duty Order, 57 FR 62300
(December 30, 1992); and Welded Line Pipe
from the Republic of Turkey: Countervailing
Duty Order, 80 FR 75054 (December 1, 2015).
The large diameter welded pipe that is
subject to these investigations is currently
classifiable in the Harmonized Tariff
Schedule of the United States (HTSUS) under
subheadings 7305.11.1030, 7305.11.1060,
VerDate Sep<11>2014
17:55 Feb 16, 2018
Jkt 244001
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–805]
Certain Circular Welded Non-Alloy
Steel Pipe From Mexico: Notice of
Court Decision Not in Harmony With
Final Scope Ruling and Notice of
Amended Final Scope Ruling Pursuant
to Court Decision
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is notifying the public that
the Court of International Trade’s (CIT
or the Court) final judgment in this case
is not in harmony with Commerce’s
final scope ruling and is, therefore,
finding that certain black, circular
tubing produced to ASTM A–513
specifications by Maquilacero S.A. de
C.V. (Maquilacero) is not within the
scope of the antidumping duty order on
circular welded non-alloy steel pipe
from Mexico.
DATES: Applicable Date: February 19,
2018.
AGENCY:
FOR FURTHER INFORMATION CONTACT:
Mark Flessner, AD/CVD Operations,
Office VI, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–6312.
SUPPLEMENTARY INFORMATION:
Background
On July 27, 2015, Commerce issued
the Maquilacero Scope Ruling,1 in
which it determined, under 19 CFR
351.225(k)(1), that 46 products
produced by Maquilacero to
specification A–513 did not meet the
exclusion for ‘‘mechanical tubing’’ in
the scope of the Order,2 and were,
1 See Memorandum, ‘‘Final Scope Ruling on
Certain Black, Circular Tubing Produced to ASTM
A–513 Specifications by Maquilacero S.A. de C.V.,’’
dated July 27, 2015 (Maquilacero Scope Ruling).
2 See Notice of Antidumping Duty Orders: Certain
Circular Welded Non-Alloy Steel Pipe from Brazil,
the Republic of Korea (Korea), Mexico, and
Venezuela and Amendment to Final Determination
of Sales at Less Than Fair Value: Certain Welded
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7153
therefore, within the scope of the Order.
In particular, Commerce relied upon a
prior scope ruling pertaining to certain
mechanical tubing products produced
by Productos Laminados de Monterrey,
S.A. de C.V., and Prolamsa, Inc.
(Prolamsa), which was conducted under
19 CFR 351.225(k)(2), and which
defined ‘‘mechanical tubing’’ as tubing
that met a variety of physical, chemical,
and mechanical characteristics, and was
stenciled.3 Commerce found that
Maquilacero’s tubing was not stenciled,
and, thus, was not ‘‘mechanical
tubing.’’ 4 Maquilacero challenged
Commerce’s final scope ruling before
the CIT.
On August 30, 2017, the Court
remanded the Maquilacero Scope
Ruling to Commerce.5 Specifically, the
Court held that Commerce did not
‘‘properly consider how the mention of
stenciling came to be found in the ruling
excluding Prolamsa’s pipe from the
Order,’’ particularly given that
stenciling ‘‘does not change the inherent
quality or the intended use of the
product.’’ 6 As such, the Court
concluded that ‘‘the imposition of a
requirement {(i.e., stenciling)} having
nothing to do with the physical
characteristics of mechanical tubing and
that appeared in the Prolamsa Final
Scope Ruling by chance { } was
unreasonable.’’ 7 Thus, the Court found
‘‘that Commerce’s ruling unlawfully
expanded the scope of the Order to
include {Maquilacero}’s
merchandise,’’ 8 and remanded the Final
Scope Ruling to Commerce to ‘‘(1) not
impose a stenciling requirement, and (2)
find that Maquilacero’s tubing is
excluded from the Order based on its
analysis found on pages 6–9 of the Final
Scope Ruling.’’ 9 In particular, the Court
instructed Commerce to ‘‘find plaintiff’s
products are excluded from the Order
using the same analysis in the Final
Scope Ruling and that is found in this
opinion.’’ 10
Pursuant to the Court’s instructions,
Commerce issued the Final Remand
Non-Alloy Steel Pipe from Korea, 57 FR 49453
(November 2, 1992) (the Order).
3 See Memorandum, ‘‘Final Scope Ruling on
Certain Black, Circular Tubing Produced to ASTM
A–513 Specifications by Productos Laminados de
Monterrey, S.A. de C.V., and Prolamsa, Inc.,’’ dated
January 12, 2015 (Prolamsa Final Scope Ruling).
4 See Maquilacero Scope Ruling.
5 See Maquilacero S.A. de C.V. v. United States,
Slip Op. 17–117, Court No. 15–00287 (CIT 2017).
6 See Maquilacero, Slip Op. 17–117, at 29.
7 See Maquilacero, Slip Op. 17–117, at 32.
8 Id., at 26.
9 See Maquilacero, Slip Op. 17–117, at 32–33.
10 Id., at 33.
E:\FR\FM\20FEN1.SGM
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]]>Agencies
[Federal Register Volume 83, Number 34 (Tuesday, February 20, 2018)]
[Notices]
[Pages 7148-7153]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-03304]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-882, C-570-078, C-580-898, C-489-834]
Large Diameter Welded Pipe From India, the People's Republic of
China, the Republic of Korea, and the Republic of Turkey: Initiation of
Countervailing Duty Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable February 9, 2018.
FOR FURTHER INFORMATION CONTACT: Robert Palmer at (202) 482-9068
(India), Jerry Huang at (202) 482-4047 (the People's Republic of China
(China)), George Ayache at (202) 482-2623 (the Republic of Korea
(Korea)), and Ajay Menon at (202) 482-1993 (the Republic of Turkey
(Turkey)), AD/CVD Operations, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
The Petitions
On January 17, 2018, the U.S. Department of Commerce (Commerce)
received countervailing duty (CVD) Petitions concerning imports of
large diameter welded pipe (welded pipe) from China, India, Korea, and
Turkey, filed in proper form on behalf of Berg Steel Pipe Corp., Dura-
Bond Industries, Stupp Corporation, American Cast Iron Pipe Company,
and Skyline Steel (collectively, the petitioners).\1\ The CVD Petitions
were accompanied by antidumping duty (AD) Petitions concerning imports
of welded pipe from Canada, China, Greece, India, Korea, and Turkey.
The petitioners are domestic producers of welded pipe.\2\
---------------------------------------------------------------------------
\1\ See Petitioners' letter, ``Large Diameter Welded Pipe from
Canada, Greece, India, the People's Republic of China, the Republic
of Korea, and the Republic of Turkey: Petitions for the Imposition
of Antidumping and Countervailing Duties,'' dated January 17, 2018
(the Petitions).
\2\ Id. at Volume I of the Petition at 2.
---------------------------------------------------------------------------
Commerce exercised its discretion to toll all deadlines affected by
the closure of the Federal Government from January 20 through 22, 2018.
If the new deadline falls on a non-business day, in accordance with
Commerce's practice, the deadline will become the next business day.
The revised deadline for the initiation of these investigations is now
February 9, 2018.\3\
---------------------------------------------------------------------------
\3\ See Memorandum for The Record from Christian Marsh, Deputy
Assistant Secretary for Enforcement and Compliance, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance, ``Deadlines Affected by the Shutdown of
the Federal Government'' (Tolling Memorandum), dated January 23,
2018. All deadlines in this segment of the proceeding have been
extended by three days.
---------------------------------------------------------------------------
On January 23 and 26, 2018, Commerce requested supplemental
information pertaining to certain aspects of the Petitions.\4\ The
petitioners filed responses to these requests on January 25, 26, and
29, 2018.\5\ On February 5,
[[Page 7149]]
2018, the petitioners submitted certain revisions to the scope.\6\
---------------------------------------------------------------------------
\4\ See Commerce's Letters, ``Petitions for the Imposition of
Antidumping Duties on Imports of Large Diameter Welded Pipe from
Canada, Greece, India, the People's Republic of China, the Republic
of Korea, and the Republic of Turkey and Countervailing Duties on
Imports from India, the Republic of China, the Republic of Korea,
and the Republic of Turkey: Supplemental Questions,'' (General
Issues Supplemental Questionnaire); ``Petition for the Imposition of
Countervailing Duties on Imports of Large Diameter Welded Pipe from
India: Supplemental Questions;'' ``Petition for the Imposition of
Countervailing Duties on Imports of Large Diameter Welded Pipe from
the People's Republic of China: Supplemental Questions;'' ``Petition
for the Imposition of Countervailing Duties on Imports of Large
Diameter Welded Pipe from the Republic of Korea: Supplemental
Questions;'' and ``Petition for the Imposition of Countervailing
Duties on Imports of Large Diameter Welded Pipe from the Republic of
Turkey: Supplemental Questions.'' All of these documents are dated
January 23, 2018. See also Commerce's Letter, ``Petition for the
Imposition of Countervailing Duties on Imports of Large Diameter
Welded Pipe from the Republic of Turkey: Supplemental Questions,''
dated January 26, 2018.
\5\ See Petitioners' Letters, ``Large Diameter Welded Pipe from
Canada, Greece, India, the People's Republic of China, the Republic
of Korea and the Republic of Turkey: Response to the Department's
January 23, 2018 Supplemental Questions Regarding Volume IX of the
Petition for the Imposition of Antidumping and Countervailing
Duties;'' ``Large Diameter Welded Pipe from Canada, Greece, India,
the People's Republic of China, the Republic of Korea and the
Republic of Turkey: Response to the Department's January 23, 2018
Supplemental Questions Regarding Volume V of the Petition for the
Imposition of Antidumping and Countervailing Duties;'' ``Large
Diameter Welded Pipe from Canada, Greece, India, the People's
Republic of China, the Republic of Korea and the Republic of Turkey:
Response to the Department's January 23, 2018 Supplemental Questions
Regarding Volume VII of the Petition for the Imposition of
Antidumping and Countervailing Duties;'' and ``Large Diameter Welded
Pipe from Canada, Greece, India, the People's Republic of China, the
Republic of Korea and the Republic of Turkey: Response to the
Department's January 23, 2018 Supplemental Questions Regarding
Volume XI of the Petition for the Imposition of Antidumping and
Countervailing Duties.'' All of these documents are dated January
25, 2018. See also Petitioners' Letter, ``Large Diameter Welded Pipe
from Canada, Greece, India, the People's Republic of China, the
Republic of Korea and the Republic of Turkey: Response to the
Department's January 23, 2018 Supplemental Questions Regarding
Volume I of the Petition for the Imposition of Antidumping and
Countervailing Duties,'' dated January 26, 2018 (General Issues
Supplement). See also Petitioners' Letter, ``Large Diameter Welded
Pipe from Canada, Greece, India, the People's Republic of China, the
Republic of Korea and the Republic of Turkey: Response to the
Department's January 26, 2018 Supplemental Questions Regarding
Volume XI of the Petition for the Imposition of Antidumping and
Countervailing Duties,'' dated January 29, 2018.
\6\ See Memorandum, ``Petitions for the Imposition of
Antidumping and Countervailing Duties on Large Diameter Welded Pipe
from Canada, Greece, India, the People's Republic of China, the
Republic of Korea, and the Republic of Turkey: Phone Call with
Counsel to the Petitioners,'' dated February 1, 2018; see also
Petitioners' Letter, ``Large Diameter Welded Pipe from Canada,
Greece, India, the People's Republic of China, the Republic of Korea
and the Republic of Turkey: Petition Supplement on Scope and
Industry Support,'' dated February 5, 2018 (Scope and Industry
Support Supplement).
---------------------------------------------------------------------------
In accordance with section 702(b)(1) of the Tariff Act of 1930, as
amended (the Act), the petitioners allege that the Governments of
China, India, Korea, and Turkey (GOC, GOI, GOK, and GOT, respectively)
are providing countervailable subsidies, within the meaning of sections
701 and 771(5) of the Act, to producers of welded pipe in China, India,
Korea, and Turkey, and imports of such products are materially
injuring, or threatening material injury to, the domestic welded pipe
industry in the United States. Consistent with section 702(b)(1) of the
Act and 19 CFR 351.202(b), for those alleged programs on which we are
initiating a CVD investigation, the Petitions are accompanied by
information reasonably available to the petitioners supporting their
allegations.
Commerce finds that the petitioners filed the Petitions on behalf
of the domestic industry because the petitioners are interested parties
as defined in section 771(9)(C) of the Act. Commerce also finds that
the petitioners demonstrated sufficient industry support necessary for
the initiation of the requested CVD investigations.\7\
---------------------------------------------------------------------------
\7\ See ``Determination of Industry Support for the Petition''
section, infra.
---------------------------------------------------------------------------
Period of Investigation
Because the Petitions were filed on January 17, 2018, the period of
investigation for each of the investigations is January 1, 2017,
through December 31, 2017.
Scope of the Investigations
The product covered by these investigations is large diameter
welded pipe from China, India, Korea, and Turkey. For a full
description of the scope of these investigations, see the Appendix to
this notice.
Comments on Scope of the Investigations
During our review of the Petitions, Commerce issued questions to,
and received responses from, the petitioners pertaining to the proposed
scope to ensure that the scope language in the Petitions is an accurate
reflection of the products for which the domestic industry is seeking
relief.\8\ As a result of these exchanges, the scope of the Petitions
was modified to clarify the description of merchandise covered by the
Petitions. The description of the merchandise covered by this
initiation, as described in the Appendix to this notice, reflects these
clarifications.
---------------------------------------------------------------------------
\8\ See General Issues Supplemental Questionnaire, at 4-5.
---------------------------------------------------------------------------
As discussed in the Preamble to Commerce's regulations, we are
setting aside a period for interested parties to raise issues regarding
product coverage (scope).\9\ Commerce will consider all comments
received from interested parties and, if necessary, will consult with
interested parties prior to the issuance of the preliminary
determinations. If scope comments include factual information,\10\ all
such factual information should be limited to public information. To
facilitate preparation of its questionnaires, Commerce requests that
all interested parties submit such comments by 5:00 p.m. Eastern Time
(ET) on March 1, 2018, which is 20 calendar days from the signature
date of this notice. Any rebuttal comments, which may include factual
information, must be filed by 5:00 p.m. ET on March 12, 2018, which is
the next business day after 10 calendar days from the initial comments
deadline.\11\
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\9\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\10\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\11\ See 19 CFR 351.303(b).
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Commerce requests that any factual information parties consider
relevant to the scope of the investigations be submitted during this
period. However, if a party subsequently finds that additional factual
information pertaining to the scope of the investigations may be
relevant, the party may contact Commerce and request permission to
submit the additional information. All such submissions must be filed
on the records of each of the concurrent AD and CVD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically using
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS).\12\ An electronically
filed document must be received successfully in its entirety by the
time and date it is due. Documents exempted from the electronic
submission requirements must be filed manually (i.e., in paper form)
with Enforcement and Compliance's APO/Dockets Unit, Room 18022, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230, and stamped with the date and time of receipt by the applicable
deadlines.
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\12\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011). See also Enforcement and
Compliance: Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014) for details of Commerce's electronic filing
requirements, which went into effect on August 5, 2011. Information
on help using ACCESS can be found at https://access.trade.gov/help.aspx, and a handbook can be found at https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf.
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Consultations
Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce
notified representatives of the GOC, GOI, GOK, and GOT of the receipt
of the Petitions, and provided them the opportunity for consultations
with respect to the CVD Petitions.\13\ Consultations were held
[[Page 7150]]
with the GOI on February 2, 2018; with the GOK on January 26, 2018; and
with the GOT on January 30, 2018.\14\ The GOC did not request
consultations.
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\13\ See Letter from Paul Walker, Program Manager, Office V, to
the Embassy of China ``Countervailing Duty Petition on Large
Diameter Welded Pipe from the People's Republic of China: Invitation
for Consultations to Discuss the Countervailing Duty Petition,''
dated January 29, 2018; Letter from Kathleen Marksberry, Program
Manager, Office VIII, to the Embassy of India ``Countervailing Duty
Petition on Large Diameter Welded Pipe from India: Invitation for
Consultations to Discuss the Countervailing Duty Petition,'' dated
January 17, 2018; Letter from Kathleen Marksberry, Program Manager,
Office VIII, to the Embassy of the Republic of Korea
``Countervailing Duty Petition on Large Diameter Welded Pipe from
the Republic of Korea,'' dated January 17, 2018; and Letter from
Melissa Skinner, Director, Office II to the Embassy of the Republic
of Turkey ``Large Diameter Welded Pipe from the Republic of Turkey:
Invitation for Consultations to Discuss the Countervailing Duty
Petition,'' dated January 18, 2018.
\14\ See Memorandum, ``Consultations with Officials from the
Government of India Regarding the Countervailing Duty Petition on
Large Diameter Welded Pipe from India,'' dated February 7, 2018;
Memorandum, ``Consultations with Government Officials from the
Republic of Korea on the Countervailing Duty Petition Regarding
Large Diameter Welded Pipe from the Republic of Korea,'' dated
February 1, 2018; and Memorandum, ``Countervailing Duty Petition
Regarding Large Diameter Welded Pipe from the Republic of Turkey:
Consultations with Government of Turkey,'' dated January 30, 2018.
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Determination of Industry Support for the Petitions
Section 702(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 702(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) At least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
Poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The International Trade Commission (ITC), which
is responsible for determining whether ``the domestic industry'' has
been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC must apply the same statutory definition regarding the domestic
like product,\15\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different definitions of the like product, such differences
do not render the decision of either agency contrary to law.\16\
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\15\ See section 771(10) of the Act.
\16\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioners do not
offer a definition of the domestic like product distinct from the scope
of the investigations.\17\ Based on our analysis of the information
submitted on the record, we have determined that welded pipe, as
defined in the scope, constitutes a single domestic like product, and
we have analyzed industry support in terms of that domestic like
product.\18\
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\17\ See Volume I of the Petitions, at 15; see also General
Issues Supplement, at 7-10.
\18\ For a discussion of the domestic like product analysis as
applied to these cases and information regarding industry support,
see Countervailing Duty Investigation Initiation Checklist: Large
Diameter Welded Pipe from India (India CVD Initiation Checklist), at
Attachment II; Countervailing Duty Investigation Initiation
Checklist: Large Diameter Welded Pipe from the People's Republic of
China (China CVD Initiation Checklist), at Attachment II;
Countervailing Duty Investigation Initiation Checklist: Large
Diameter Welded Pipe from the Republic of Korea (Korea CVD
Initiation Checklist), at Attachment II; and Countervailing Duty
Investigation Initiation Checklist: Large Diameter Welded Pipe from
the Republic of Turkey (Turkey CVD Initiation Checklist), at
Attachment II. These checklists are dated concurrently with this
notice and on file electronically via ACCESS. Access to documents
filed via ACCESS is also available in the Central Records Unit, Room
B8024 of the main Department of Commerce building.
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In determining whether the petitioners have standing under section
702(c)(4)(A) of the Act, we considered the industry support data
contained in the Petitions with reference to the domestic like product
as defined in the ``Scope of the Investigations,'' in the Appendix to
this notice. The petitioners provided their own 2017 shipments of the
domestic like product and 2017 shipments by supporters of the
petitions.\19\ The petitioners compared the total quantity of these
shipments to the estimated total shipments of the domestic like product
for the entire domestic industry.\20\ The petitioners explained that
they relied on shipment data because production data for the entire
domestic industry are not available.\21\ In addition, the petitioners
provided a comparison of their own production and shipment data to
demonstrate that shipments are a reasonable proxy for data on
production of welded pipe.\22\ We relied on data the petitioners
provided for purposes of measuring industry support.\23\
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\19\ See Volume I of the Petitions, at 4 and Exhibit I-4; see
also letter from the petitioners to Commerce dated January 31, 2018,
``Supplement to the Petitions for the Imposition of Antidumping and
Countervailing Duties: Industry Support'' (Industry Support
Supplement), at 2-3 and Exhibit I-Supp2-1; see also Scope and
Industry Support Supplement, at Exhibit I-Supp. 3-3.
\20\ Id.
\21\ See Industry Support Supplement, at 3.
\22\ Id., at 3 and Exhibits I-Supp-2-1 and I-Supp2-2.
\23\ Id. For further discussion, see Attachment II of the China
CVD Initiation Checklist, India CVD Initiation Checklist, Korea CVD
Initiation Checklist, and Turkey CVD Initiation Checklist.
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Our review of the data provided in the Petitions, General Issues
Supplement, Industry Support Supplement, Scope and Industry Support
Supplement, and other information readily available to Commerce
indicates that the petitioners have established industry support for
the Petitions.\24\ First, the Petitions established support from
domestic producers (or workers) accounting for more than 50 percent of
the total production of the domestic like product and, as such,
Commerce is not required to take further action in order to evaluate
industry support (e.g., polling).\25\ Second, the domestic producers
(or workers) have met the statutory criteria for industry support under
section 702(c)(4)(A)(i) of the Act because the domestic producers (or
workers) who support the Petitions account for at least 25 percent of
the total production of the domestic like product.\26\ Finally, the
domestic producers (or workers) have met the statutory criteria for
industry support under section 702(c)(4)(A)(ii) of the Act because the
domestic producers (or workers) who support the Petitions account for
more than 50 percent of the production of the domestic like product
produced by that portion of the industry expressing support for, or
opposition to, the Petitions.\27\ Accordingly, Commerce determines that
the Petitions were filed on behalf of the domestic industry
[[Page 7151]]
within the meaning of section 702(b)(1) of the Act.
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\24\ Id.
\25\ Id.; see also section 702(c)(4)(D) of the Act.
\26\ See Attachment II of the China CVD Initiation Checklist,
India CVD Initiation Checklist, Korea CVD Initiation Checklist, and
Turkey CVD Initiation Checklist.
\27\ Id.
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Commerce finds that the petitioners filed the Petitions on behalf
of the domestic industry because they are interested parties as defined
in section 771(9)(C) of the Act, and they have demonstrated sufficient
industry support with respect to the CVD investigations that they are
requesting that Commerce initiate.\28\
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\28\ Id.
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In letters dated January 25, January 29, and February 5, 2018,
Borusan Mannesmann Boru Sanayi ve Ticaret A.S. and Borusan Istikbal
Ticaret T.A.S. (collectively, Borusan), a Turkish producer and
exporter, submitted comments on industry support. The petitioners
responded to these comments in the Scope and Industry Support
Supplement, dated February 5, 2018. For further discussion of these
comments, see Attachment II of the China CVD Initiation Checklist,
India CVD Initiation Checklist, Korea CVD Initiation Checklist, and
Turkey CVD Initiation Checklist.
Injury Test
Because India, China, Korea, and Turkey are ``Subsidies Agreement
Countries'' within the meaning of section 701(b) of the Act, section
701(a)(2) of the Act applies to this investigation. Accordingly, the
ITC must determine whether imports of the subject merchandise from
India, China, Korea, and Turkey materially injure, or threaten material
injury to, a U.S. industry.
Allegations and Evidence of Material Injury and Causation
The petitioners allege that imports of the subject merchandise are
benefitting from countervailable subsidies and that such imports are
causing, or threaten to cause, material injury to the U.S. industry
producing the domestic like product. In addition, the petitioners
allege that subject imports exceed the negligibility threshold provided
for under section 771(24)(A) of the Act.\29\ In CVD petitions, section
771(24)(B) of the Act provides that imports of subject merchandise from
developing and least developed countries must exceed the negligibility
threshold of four percent. The petitioners have adequately demonstrated
that subject imports from India, which has been designated as a least
developed country under section 771(36)(B) of the Act, exceeded the
negligibility threshold of four percent during the period of
investigation.\30\
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\29\ See Volume I of the Petitions, at 26-27 and Exhibit I-11;
see also General Issues Supplement, at 15-18 and Exhibits I-Supp-10
and I-Supp-11.
\30\ Id.
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The petitioners contend that the industry's injured condition is
illustrated by a significant volume of subject imports; reduced market
share; underselling and price depression or suppression; lost sales and
revenues; and a negative impact on the domestic industry's U.S.
shipments, capacity utilization, production, and financial
performance.\31\ We have assessed the allegations and supporting
evidence regarding material injury, threat of material injury, and
causation, and we have determined that these allegations are properly
supported by adequate evidence, and meet the statutory requirements for
initiation.\32\
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\31\ Id., at 13-15, 18-43 and Exhibits I-5 and I-8 through I-18;
see also General Issues Supplement, at 1, 15-18 and Exhibits I-Supp-
1, I-Supp-2, I-Supp-10 and I-Supp-11.
\32\ See China CVD Initiation Checklist, at Attachment III,
Analysis of Allegations and Evidence of Material Injury and
Causation for the Antidumping and Countervailing Duty Petitions
Covering Large Diameter Welded Pipe from Canada, Greece, India, the
People's Republic of China, the Republic of Korea, and the Republic
of Turkey (Attachment III); see also India CVD Initiation Checklist,
at Attachment III; see also Korea CVD Initiation Checklist, at
Attachment III; see also Turkey CVD Initiation Checklist, at
Attachment III.
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Initiation of CVD Investigations
Based on the examination of the Petitions, we find that the
Petitions meet the requirements of section 702 of the Act. Therefore,
we are initiating CVD investigations to determine whether imports of
welded pipe from China, India, Korea, and Turkey benefit from
countervailable subsidies conferred by the GOC, GOI, GOK, and GOT,
respectively. In accordance with section 703(b)(1) of the Act and 19
CFR 351.205(b)(1), unless postponed, we will make our preliminary
determinations no later than 65 days after the date of this initiation.
Numerous amendments to the AD and CVD laws were made pursuant to
the Trade Preferences Extension Act of 2015.\33\ The amendments to
sections 776 and 782 of the Act are applicable to all determinations
made on or after August 6, 2015, and, therefore, apply to these CVD
investigations.\34\
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\33\ See Trade Preferences Extension Act of 2015, Public Law
114-27, 129 Stat. 362 (2015). See also Dates of Application of
Amendments to the Antidumping and Countervailing Duty Laws Made by
the Trade Preferences Extension Act of 2015, 80 FR 46793 (August 6,
2015) (Applicability Notice). The 2015 amendments may be found at
https://www.congress.gov/bill/114th-congress/house-bill/1295/text/pl.
\34\ See Applicability Notice, 80 FR at 46794-95.
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China
Based on our review of the Petition, we find that there is
sufficient information to initiate a CVD investigation on 27 of the 28
alleged programs, and to partially initiate on the 28th program. For a
full discussion of the basis for our decision to initiate on each
program, see China CVD Initiation Checklist. A public version of the
initiation checklist for this investigation is available on ACCESS.
India
Based on our review of the Petition, we find that there is
sufficient information to initiate a CVD investigation on 70 of the 72
alleged programs. For a full discussion of the basis for our decision
to initiate on each program, see India CVD Initiation Checklist. A
public version of the initiation checklist for this investigation is
available on ACCESS.
Korea
Based on our review of the Petition, we find that there is
sufficient information to initiate a CVD investigation on 20 of the 21
alleged programs. For a full discussion of the basis for our decision
to initiate on each program, see Korea CVD Initiation Checklist. A
public version of the initiation checklist for this investigation is
available on ACCESS.
Turkey
Based on our review of the Petition, we find that there is
sufficient information to initiate a CVD investigation on all 15
alleged programs. For a full discussion of the basis for our decision
to initiate on each program, see Turkey CVD Initiation Checklist. A
public version of the initiation checklist for this investigation is
available on ACCESS.
Respondent Selection
The petitioners named 157 companies in China,\35\ 26 companies in
India,\36\ 28 companies in Korea,\37\ and 13 companies in Turkey,\38\
as producers/exporters of welded pipe. Commerce intends to follow its
standard practice in CVD investigations and calculate company-specific
subsidy rates in these investigations. In the event Commerce determines
that the number of companies is large and it cannot individually
examine each company based upon Commerce's resources,
[[Page 7152]]
where appropriate, Commerce intends to select mandatory respondents
based on U.S. Customs and Border Protection (CBP) data for U.S. imports
of welded pipe from China, India, Korea, and Turkey during the POI
under the appropriate Harmonized Tariff Schedule of the United States
numbers listed in the ``Scope of the Investigation,'' in the Appendix.
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\35\ See General Issues and China AD Supplement, at Exhibit I-
Supp-4.
\36\ See the Petitions at Exhibit I-3.
\37\ Id.
\38\ Id.
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On February 1, 2018 (for India and Korea), February 2, 2018 (for
China), and February 6, 2018 (for Turkey), Commerce released CBP data
under Administrative Protective Order (APO) to all parties with access
to information protected by APO and indicated that interested parties
wishing to comment regarding the CBP data and respondent selection must
do so within three business days of the publication date of the notice
of initiation of these CVD investigations.\39\ Commerce will not accept
rebuttal comments regarding the CBP data or respondent selection.
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\39\ See Memorandum, ``Large Diameter Welded Pipe from India
Countervailing Duty Petition: Release of Customs Data from U.S.
Customs and Border Protection,'' dated February 1, 2018; Memorandum,
``Large Diameter Welded Pipe from the Republic of Korea
Countervailing Duty Petition: Release of Customs Data from U.S.
Customs and Border Protection,'' dated February 1, 2018; Memorandum,
``Large Diameter Welded Pipe from the People's Republic of China
Releasing U.S. Customs and Border Protection Data,'' dated February
2, 2018; and Memorandum, ``Large Diameter Welded Pipe from the
Republic of Turkey Countervailing Duty Petition: Release of Customs
Data from U.S. Customs and Border Protection,'' dated February 6,
2018.
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Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305(b). Instructions for filing such
applications may be found on the Commerce's website at https://enforcement.trade.gov/apo.
Comments must be filed electronically using ACCESS. An
electronically filed document must be received successfully, in its
entirety, by ACCESS no later than 5:00 p.m. ET on the date noted above.
We intend to finalize our decisions regarding respondent selection
within 20 days of publication of this notice.
Distribution of Copies of the Petitions
In accordance with section 702(b)(4)(A)(i) of the Act and 19 CFR
351.202(f), copies of the public versions of the Petitions have been
provided to the GOC, GOI, GOK, and GOT via ACCESS. To the extent
practicable, we will attempt to provide a copy of the public version of
the Petitions to each exporter named in the Petitions, as provided
under 19 CFR 351.203(c)(2).
ITC Notification
We will notify the ITC of our initiation, as required by section
702(d) of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petitions were filed, whether there is a reasonable
indication that imports of welded pipe from China, India, Korea, and
Turkey are materially injuring, or threatening material injury to, a
U.S. industry.\40\ A negative ITC determination for any country will
result in the investigation being terminated with respect to that
country.\41\ Otherwise, these investigations will proceed according to
statutory and regulatory time limits.
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\40\ See section 703(a)(2) of the Act.
\41\ See section 703(a)(1) of the Act.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
Evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by Commerce; and (v) evidence other than factual
information described in (i)-(iv). 19 CFR 351.301(b) requires any
party, when submitting factual information, to specify under which
subsection of 19 CFR 351.102(b)(21) the information is being submitted
\42\ and, if the information is submitted to rebut, clarify, or correct
factual information already on the record, to provide an explanation
identifying the information already on the record that the factual
information seeks to rebut, clarify, or correct.\43\ Time limits for
the submission of factual information are addressed in 19 CFR 351.301,
which provides specific time limits based on the type of factual
information being submitted. Interested parties should review the
regulations prior to submitting factual information in these
investigations.
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\42\ See 19 CFR 351.301(b).
\43\ See 19 CFR 351.301(b)(2).
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Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by the Secretary. In general, an extension request
will be considered untimely if it is filed after the expiration of the
time limit established under 19 CFR 351.301. For submissions that are
due from multiple parties simultaneously, an extension request will be
considered untimely if it is filed after 10:00 a.m. ET on the due date.
Under certain circumstances, we may elect to specify a different time
limit by which extension requests will be considered untimely for
submissions which are due from multiple parties simultaneously. In such
a case, we will inform parties in the letter or memorandum setting
forth the deadline (including a specified time) by which extension
requests must be filed to be considered timely. An extension request
must be made in a separate, stand-alone submission; under limited
circumstances we will grant untimely-filed requests for the extension
of time limits. Parties should review Extension of Time Limits; Final
Rule, 78 FR 57790 (September 20, 2013), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to
submitting factual information in these investigations.
Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\44\
Parties must use the certification formats provided in 19 CFR
351.303(g).\45\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable revised
certification requirements.
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\44\ See section 782(b) of the Act.
\45\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (``Final Rule''); see also
frequently asked questions regarding the Final Rule, available at
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. On January 22, 2008, Commerce
published Antidumping and Countervailing Duty Proceedings: Documents
Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008).
Parties wishing to participate in this investigation should ensure that
they meet the requirements of these procedures (e.g., the filing of
letters of appearance as discussed at 19 CFR 351.103(d)).
This notice is issued and published pursuant to sections 702 and
777(i) of the Act and 19 CFR 351.203(c).
[[Page 7153]]
Dated: February 9, 2018.
James Maeder,
Associate Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations, performing the duties of Deputy Assistant Secretary
for Antidumping and Countervailing Duty Operations.
Appendix
Scope of the Investigations
The merchandise covered by these investigations is welded carbon
and alloy steel pipe, more than 406.4 mm (16 inches) in nominal
outside diameter (large diameter welded pipe), regardless of wall
thickness, length, surface finish, grade, end finish, or stenciling.
Large diameter welded pipe may be used to transport oil, gas,
slurry, steam, or other fluids, liquids, or gases. It may also be
used for structural purposes, including, but not limited to, piling.
Specifically, not included is large diameter welded pipe produced
only to specifications of the American Water Works Association
(AWWA) for water and sewage pipe.
Large diameter welded pipe used to transport oil, gas, or
natural gas liquids is normally produced to the American Petroleum
Institute (API) specification 5L. Large diameter welded pipe may
also be produced to American Society for Testing and Materials
(ASTM) standards A500, A252, or A53, or other relevant domestic
specifications, grades and/or standards. Large diameter welded pipe
can be produced to comparable foreign specifications, grades and/or
standards or to proprietary specifications, grades and/or standards,
or can be non-graded material. All pipe meeting the physical
description set forth above is covered by the scope of these
investigations, whether or not produced according to a particular
standard.
Subject merchandise also includes large diameter welded pipe
that has been further processed in a third country, including but
not limited to coating, painting, notching, beveling, cutting,
punching, welding, or any other processing that would not otherwise
remove the merchandise from the scope of the investigations if
performed in the country of manufacture of the in-scope large
diameter welded pipe.
Excluded from the scope are any products covered by the existing
antidumping duty orders on welded line pipe from the Republic of
Korea, welded line pipe from the Republic of Turkey, and welded ASTM
A-312 stainless steel pipe from Korea, as well as any products
covered by the existing countervailing duty order on welded line
pipe from Turkey. See Welded Line Pipe from the Republic of Korea
and the Republic of Turkey: Antidumping Duty Orders, 80 FR 75056
(December 1, 2015); Welded ASTM A-312 Stainless Steel Pipe from
South Korea: Antidumping Duty Order, 57 FR 62300 (December 30,
1992); and Welded Line Pipe from the Republic of Turkey:
Countervailing Duty Order, 80 FR 75054 (December 1, 2015).
The large diameter welded pipe that is subject to these
investigations is currently classifiable in the Harmonized Tariff
Schedule of the United States (HTSUS) under subheadings
7305.11.1030, 7305.11.1060, 7305.11.5000, 7305.12.1030,
7305.12.1060, 7305.12.5000, 7305.19.1030, 7305.19.1060,
7305.19.5000, 7305.31.4000, 7305.31.6010, 7305.31.6090, 7305.39.1000
and 7305.39.5000. While the HTSUS subheadings are provided for
convenience and customs purposes, the written description of the
scope of these investigations is dispositive.
[FR Doc. 2018-03304 Filed 2-16-18; 8:45 am]
BILLING CODE 3510-DS-P
