Large Diameter Welded Pipe From Canada, Greece, India, the People's Republic of China, the Republic of Korea, and the Republic of Turkey: Initiation of Less-Than-Fair-Value Investigations, 7154-7161 [2018-03305]
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Federal Register / Vol. 83, No. 34 / Tuesday, February 20, 2018 / Notices
Results.11 Consistent with the Court’s
instructions, Commerce found that the
46 products included in Maquilacero’s
scope ruling request are excluded from
the Order, because those products meet
all physical, chemical, and mechanical
properties of mechanical tubing,
notwithstanding that the products are
not stenciled. On February 9, 2018, the
Court sustained Commerce’s Final
Remand Results in their entirety.12
Timken Notice
In its decision in Timken,13 as
clarified by Diamond Sawblades,14 the
United States Court of Appeals for the
Federal Circuit (CAFC) held that,
pursuant to sections 516A(c) and (e) of
the Act, Commerce must publish a
notice of a court decision that is not ‘‘in
harmony’’ with a Department
determination and must suspend
liquidation of entries pending a
‘‘conclusive’’ court decision. The CIT’s
February 9, 2018, judgment in
Maquilacero, sustaining Commerce’s
decision in the Final Remand Results
that the 46 products included in
Maquilacero’s scope ruling request are
excluded from the Order constitutes a
final decision of the court that is not in
harmony with the Maquilacero Scope
Ruling. This notice is published in
fulfillment of the publication
requirements of Timken. Accordingly,
Commerce will continue the suspension
of liquidation of the 46 products at issue
pending expiration of the period to
appeal or, if appealed, pending a final
and conclusive court decision.
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Amended Final Scope Ruling
Because there is now a final court
decision with respect to the
Maquilacero Scope Ruling, Commerce is
amending its final scope ruling.
Commerce finds that the scope of the
Order does not cover the products
addressed in the Maquilacero Scope
Ruling. Commerce will instruct U.S.
Customs and Border Protection (CBP)
that the cash deposit rate will be zero
percent for the 46 products subject to
Maquilacero’s scope ruling request. In
the event that the CIT’s ruling is not
appealed, or if appealed, upheld by the
CAFC, Commerce will instruct CBP to
liquidate entries of the 46 products at
issue without regard to antidumping
11 See Final Results of Redetermination Pursuant
to Remand in Maquilacero S.A. de C.V. v. United
States, Ct. No. 15–00287, November 27, 2017 (Final
Remand Results).
12 See Maquilacero S.A. de C.V. v. United States,
Slip Op. 18–8, Court No. 15–00287 (CIT 2018).
13 See Timken Co. v. United States, 893 F.2d 337
(Fed. Cir. 1990) (Timken), at 341.
14 See Diamond Sawblades Mfrs. Coalition v.
United States, 626 F.3d 1374 (Fed. Cir. 20 10)
(Diamond Sawblades).
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and/or countervailing duties, and to lift
suspension of liquidation of such
entries.
Notification to Interested Parties
This notice is issued and published in
accordance with sections 516A(e)(1),
751(a)(1), and 777(i)(1) of the Act.
Dated: February 13, 2018.
Christian Marsh,
Deputy Assistant Secretary for Enforcement
and Compliance, performing the nonexclusive functions and duties of the
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2018–03375 Filed 2–16–18; 8:45 am]
BILLING CODE 3510–DS–P
accompanied by countervailing duty
(CVD) Petitions concerning imports of
welded pipe from China, 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, 24, 29, 30, and
February 6, 2018, Commerce requested
supplemental information pertaining to
certain areas of the Petitions.4 The
DEPARTMENT OF COMMERCE
International Trade Administration
[A–122–863, A–484–803, A–533–881, A–570–
077, A–580–897, A–489–833]
Large Diameter Welded Pipe From
Canada, Greece, India, the People’s
Republic of China, the Republic of
Korea, and the Republic of Turkey:
Initiation of Less-Than-Fair-Value
Investigations
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable February 9, 2018.
FOR FURTHER INFORMATION CONTACT:
Susan Pulongbarit at (202) 482–4031
(Canada); Brittany Bauer at (202) 482–
3860 (Greece); Jaron Moore at (202) 482–
3640 (India); Kabir Archuletta at (202)
482–8024 (the People’s Republic of
China (China)); Jesus Saenz at (202)
482–8184 (the Republic of Korea
(Korea)); and Rebecca Janz at (202) 482–
2972 (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 antidumping duty (AD)
Petitions concerning imports of large
diameter welded pipe (welded pipe)
from Canada, China, Greece, India,
Korea, and Turkey, filed in proper form
on behalf of American Cast Iron Pipe
Company, Berg Steel Pipe Corp., DuraBond Industries, Skyline Steel, and
Stupp Corporation (collectively, the
petitioners).1 The AD Petitions were
1 See Petitioners’ Letter, ‘‘Large Diameter Welded
Pipe from Canada, Greece, India, the People’s
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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 See Volume I of the Petitions, 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
3 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 Antidumping Duties
on Imports of Large Diameter Welded Pipe from
{Canada}{sic}: Supplemental Questions;’’ ‘‘Petition
for the Imposition of Antidumping Duties on
Imports of Large Diameter Welded Pipe from the
People’s Republic of China: Supplemental
Questions;’’ ‘‘Petition for the Imposition of
Antidumping Duties on Imports of Large Diameter
Welded Pipe from Greece: Supplemental
Questions;’’ and ‘‘Petition for the Imposition of
Antidumping Duties on Imports of Large Diameter
Welded Pipe from Turkey: Supplemental
Questions.’’ All of these documents are dated
January 23, 2018. See also Commerce’s Letters,
‘‘Petition for the Imposition of Antidumping Duties
on Imports of Large Diameter Welded Pipe from
India: Supplemental Questions;’’ and ‘‘Petition for
the Imposition of Antidumping Duties on Imports
of Large Diameter Welded Pipe from the Republic
of Korea: Supplemental Questions,’’ both dated
January 24, 2018. See also Commerce’s Letter,
‘‘Petition for the Imposition of Antidumping Duties
on Imports of Large Diameter Welded Pipe from the
People’s Republic of China: Supplemental
Questions,’’ dated January 29, 2018. See also
‘‘Petition for the Imposition of Antidumping Duties
on Imports of Large Diameter Welded Pipe from
Greece: Additional Questions;’’ ‘‘Petition for the
Imposition of Antidumping Duties on Imports of
Large Diameter Welded Pipe from India: Additional
Questions;’’ ‘‘Petition for the Imposition of
Antidumping Duties on Imports of Large Diameter
Welded Pipe from Korea: Additional Questions;’’
and ‘‘Petition for the Imposition of Antidumping
Duties on Imports of Large Diameter Welded Pipe
from Turkey: Additional Questions.’’ These
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petitioners filed responses to these
requests on January 25, 26, 29, and 30,
and February 1, 5, and 6, 2018.5 Also on
documents are all dated January 30, 2018. See also
Commerce’s Memorandum to the File, ‘‘Telephone
Call with Petitioner’s Counsel Regarding U.S. Price
Calculation,’’ dated February 6, 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 VIII of the Petition for the
Imposition of Antidumping and Countervailing
Duties,’’ dated January 25, 2018 (China AD
Supplement). See also 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 I of the Petition for
the Imposition of Antidumping and Countervailing
Duties’’ (General Issues Supplement); ‘‘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 II of the Petition for
the Imposition of Antidumping and Countervailing
Duties’’ (Canada AD Supplement); ‘‘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 III of the Petition for
the Imposition of Antidumping and Countervailing
Duties’’ (Greece AD Supplement); 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 X of the Petition for
the Imposition of Antidumping and Countervailing
Duties’’ (Turkey AD Supplement). All of these
documents are dated January 26, 2018. See also
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
24, 2018 Supplemental Questions Regarding
Volume IV of the Petition for the Imposition of
Antidumping and Countervailing Duties’’ (India AD
Supplement); 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
24, 2018 Supplemental Questions Regarding
Volume VI of the Petition for the Imposition of
Antidumping and Countervailing Duties’’ (Korea
AD Supplement), both dated January 29, 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 29, 2018 Supplemental Questions
Regarding Volume VIII of the Petition for the
Imposition of Antidumping and Countervailing
Duties,’’ dated January 29, 2018 (Second China AD
Supplement). See also 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 30, 2018 Supplemental
Questions Regarding Volume III 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 30,
2018 Additional Questions Regarding Volume IV of
the Petition for the Imposition of Antidumping and
Countervailing Duties’’ (Second India AD
Supplement); ‘‘Large Diameter Welded Pipe from
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February 5, 2018, the petitioners
submitted certain revisions to the
scope.6
In accordance with section 732(b) of
the Tariff Act of 1930, as amended (the
Act), the petitioners allege that imports
of welded pipe from Canada, China,
Greece, India, Korea, and Turkey are
being, or are likely to be, sold in the
United States at less than fair value
within the meaning of section 731 of the
Act, and that such imports are
materially injuring, or threatening
material injury to, the domestic industry
producing welded pipe in the United
States. Consistent with section 732(b)(1)
of the Act, 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 with respect to the initiation of
the AD investigations that the
petitioners are requesting.7
Canada, Greece, India, the People’s Republic of
China, the Republic of Korea and the Republic of
Turkey: Response to the Department’s January 30,
2018 Additional Questions Regarding Volume VI of
the Petition for the Imposition of Antidumping and
Countervailing Duties’’ (Second Korea AD
Supplement); 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
30, 2018 Supplemental Questions Regarding
Volume X of the Petition for the Imposition of
Antidumping and Countervailing Duties’’ (Second
Turkey AD Supplement). All of these documents
are dated February 1, 2018. See also Petitioners’
Letter, ‘‘Large Diameter Welded Pipe from Greece:
Supplement to the Petitions for the Imposition of
Antidumping and Countervailing Duties’’ (Second
Greece AD Supplement), dated February 5, 2018.
See also 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: Submission of
Declaration regarding Vol. III of the Petition on
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: Clarification
of Vol. IV India Dumping Margin,’’ (Third India AD
Supplement). Both of these documents are dated
February 6, 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).
7 See the ‘‘Determination of Industry Support for
the Petitions’’ section, infra.
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Periods of Investigation
Because the Petitions were filed on
January 17, 2018, pursuant to 19 CFR
351.204(b)(1), the period of
investigation (POI) for the Canada,
Greece, India, Korea, and Turkey
investigations is January 1, 2017,
through December 31, 2017. Because
China is a non-market economy (NME)
country, pursuant to 19 CFR
351.204(b)(1), the POI for the China
investigation is July 1, 2017, through
December 31, 2017.
Scope of the Investigations
The product covered by these
investigations is welded pipe from
Canada, China, Greece, India, Korea,
and Turkey. For a full description of the
scope of these investigations, see the
Appendix to this notice.
Scope Comments
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
8 See General Issues Supplemental Questionnaire,
at 4–5.
9 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
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.
Comments on Product Characteristics
for AD Questionnaires
Commerce will provide interested
parties an opportunity to comment on
the appropriate physical characteristics
of welded pipe to be reported in
response to Commerce’s AD
questionnaires. This information will be
used to identify the key physical
characteristics of the merchandise under
consideration in order to report the
relevant costs of production accurately
as well as to develop appropriate
product-comparison criteria.
Interested parties may provide any
information or comments that they feel
are relevant to the development of an
accurate list of physical characteristics.
Specifically, they may provide
comments as to which characteristics
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,
effective 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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12 See
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are appropriate to use as: (1) General
product characteristics, and (2) productcomparison criteria. We note that it is
not always appropriate to use all
product characteristics as productcomparison criteria. We base productcomparison criteria on meaningful
commercial differences among products.
In other words, although there may be
some physical product characteristics
utilized by manufacturers to describe
welded pipe, it may be that only a select
few product characteristics take into
account commercially meaningful
physical characteristics. In addition,
interested parties may comment on the
order in which the physical
characteristics should be used in
matching products. Generally,
Commerce attempts to list the most
important physical characteristics first
and the least important characteristics
last.
In order to consider the suggestions of
interested parties in developing and
issuing the AD questionnaires, all
product characteristics comments must
be filed by 5:00 p.m. ET on March 1,
2018. Any rebuttal comments must be
filed by 5:00 p.m. ET on March 12,
2018. All comments and submissions to
Commerce must be filed electronically
using ACCESS, as explained above, on
the records of the Canada, China,
Greece, India, Korea, and Turkey lessthan-fair-value investigations.
Determination of Industry Support for
the Petitions
Section 732(b)(1) of the Act requires
that a petition be filed on behalf of the
domestic industry. Section 732(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 732(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
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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,13 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.14
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
Petitions.15 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.16
13 See
section 771(10) of the Act.
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)).
15 See Volume I of the Petitions, at 15; see also
General Issues Supplement, at 7–10.
16 For a discussion of the domestic like product
analysis as applied to these cases and information
regarding industry support, see Antidumping Duty
Investigation Initiation Checklist: Large Diameter
Welded Pipe from Canada (Canada AD Initiation
Checklist), at Attachment II; Antidumping Duty
Investigation Initiation Checklist: Large Diameter
Welded Pipe from Greece (Greece AD Initiation
Checklist), at Attachment II; Antidumping Duty
Investigation Initiation Checklist: Large Diameter
Welded Pipe from India (India AD Initiation
Checklist), at Attachment II; Antidumping Duty
Investigation Initiation Checklist: Large Diameter
Welded Pipe from the People’s Republic of China
(China AD Initiation Checklist), at Attachment II;
Antidumping Duty Investigation Initiation
Checklist: Large Diameter Welded Pipe from the
Republic of Korea (Korea AD Initiation Checklist),
at Attachment II; and Antidumping Duty
Investigation Initiation Checklist: Large Diameter
Welded Pipe from the Republic of Turkey (Turkey
AD Initiation Checklist), at Attachment II. These
14 See
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In determining whether the
petitioners have standing under section
732(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.17 The petitioners compared
the total quantity of these shipments to
the estimated total shipments of the
domestic like product for the entire
domestic industry.18 The petitioners
explained that they relied on shipment
data because production data for the
entire domestic industry are not
available.19 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.20 We relied on data the
petitioners provided for purposes of
measuring industry support.21
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.22 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).23 Second, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 732(c)(4)(A)(i) of the Act
because the domestic producers (or
workers) who support the Petitions
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.
17 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–Supp3–3.
18 Id.
19 See Industry Support Supplement, at 3.
20 Id. at 3 and Exhibits I–Supp–2–1 and I–Supp2–
2.
21 Id. For further discussion, see Attachment II of
the Canada AD Initiation Checklist, China AD
Initiation Checklist, Greece AD Initiation Checklist,
India AD Initiation Checklist, Korea AD Initiation
Checklist, and Turkey AD Initiation Checklist.
22 Id.
23 Id.; see also section 732(c)(4)(D) of the Act.
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account for at least 25 percent of the
total production of the domestic like
product.24 Finally, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 732(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.25 Accordingly, Commerce
determines that the Petitions were filed
on behalf of the domestic industry
within the meaning of section 732(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 AD
investigations that they are requesting
that Commerce initiate.26
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.27 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
Canada AD Initiation Checklist, China
AD Initiation Checklist, Greece AD
Initiation Checklist, India AD Initiation
Checklist, Korea AD Initiation Checklist,
and Turkey AD Initiation Checklist.
Allegations and Evidence of Material
Injury and Causation
The petitioners allege that the U.S.
industry producing the domestic like
product is being materially injured, or is
threatened with material injury, by
reason of the imports of the subject
merchandise sold at less than normal
value (NV). In addition, the petitioners
allege that subject imports exceed the
24 See Attachment II of the Canada AD Initiation
Checklist, China AD Initiation Checklist, Greece AD
Initiation Checklist, India AD Initiation Checklist,
Korea AD Initiation Checklist, and Turkey AD
Initiation Checklist.
25 Id.
26 Id.
27 See letter from Borusan to Commerce dated
January 25, 2018, ‘‘Comments on Industry
Support,’’ letter from Borusan to Commerce dated
January 29, 2018, ‘‘Additional Comments on
Industry Support,’’ and letter from Borusan to
Commerce dated February 5, 2018, ‘‘Additional
Comments on Industry Support.’’
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7157
negligibility threshold provided for
under section 771(24)(A) of the Act.28
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.29 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.30
Allegations of Sales at Less Than Fair
Value
The following is a description of the
allegations of sales at less than fair value
upon which Commerce based its
decision to initiate AD investigations of
imports of welded pipe from Canada,
China, Greece, India, Korea, and Turkey.
The sources of data for the deductions
and adjustments relating to U.S. price
and NV are discussed in greater detail
in the country-specific initiation
checklists.
Export Price
For Korea and Turkey, the petitioners
based export price (EP) on price quotes
for sales of welded pipe produced in,
and exported from, those countries and
offered for sale in the United States.31
For China, the petitioners based EP on
the average unit values (AUVs) of
publicly available import data.32 For
China, the petitioners also used data
regarding sales exported by a Chinese
producer of welded pipe to support
EP.33 For Canada and India, the
28 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.
29 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.
30 See Canada AD 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 China AD Initiation
Checklist, at Attachment III; see also Greece AD
Initiation Checklist, at Attachment III; see also India
AD Initiation Checklist, at Attachment III; see also
Korea AD Initiation Checklist, at Attachment III; see
also Turkey AD Initiation Checklist, at Attachment
III.
31 See Korea and Turkey AD Initiation Checklists.
32 See China AD Initiation Checklist.
33 Id.
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petitioners based EP on sales offers for
welded pipe produced in, and exported
from, those countries, valued using
AUVs of publicly available import
data.34 Where applicable, the petitioners
made deductions from U.S. price for
movement and other expenses,
consistent with the terms of sale.35
Constructed Export Price
For Greece, because the petitioners
had reason to believe the sale was made
through a U.S. affiliate, petitioners
based constructed export price (CEP) on
an offer for sale of welded pipe
produced in, and exported from, Greece
and offered for sale in the United
States.36 The petitioners made
deductions from U.S. price for
movement expenses consistent with the
delivery terms.37 Where applicable, the
petitioners also deducted CEP selling
expenses from U.S. price.38
Normal Value
For Canada, Greece, India, Korea, and
Turkey, the petitioners were unable to
obtain reliable information relating to
the prices charged for welded pipe in
Canada, Greece, India, Korea, and
Turkey, or any third country market.39
Because home market and third country
prices were not reasonably available, the
petitioners calculated NV based on
constructed value (CV). For further
discussion of CV, see the section
‘‘Normal Value Based on Constructed
Value’’ below.40
With respect to China, Commerce
considers China to be an NME
country.41 In accordance with section
771(18)(C)(i) of the Act, any
determination that a foreign country is
an NME country shall remain in effect
until revoked by Commerce. Therefore,
34 See
Canada and India AD Initiation Checklists.
Canada, China, India, Korea, and Turkey
Initiation Checklists.
36 See Greece Initiation Checklist.
37 Id.
38 Id.
39 See Canada, Greece, India, Korea, and Turkey
AD Initiation Checklists.
40 In accordance with section 505(a) of the Trade
Preferences Extension Act of 2015, amending
section 773(b)(2) of the Act, for this investigation,
Commerce will request information necessary to
calculate the CV and cost of production (COP) to
determine whether there are reasonable grounds to
believe or suspect that sales of the foreign like
product have been made at prices that represent
less than the COP of the product. Commerce no
longer requires a COP allegation to conduct this
analysis.
41 See Antidumping Duty Investigation of Certain
Aluminum Foil from the People’s Republic of
China: Affirmative Preliminary Determination of
Sales at Less-Than-Fair Value and Postponement of
Final Determination, 82 FR 50858, 50861
(November 2, 2017), and accompanying decision
memorandum, China’s Status as a Non-Market
Economy.
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35 See
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we continue to treat China as an NME
country for purposes of the initiation of
this investigation. Accordingly, NV in
China is appropriately based on factors
of production (FOPs) valued in a
surrogate market economy country, in
accordance with section 773(c) of the
Act.42 In the course of this investigation,
all parties, and the public, will have the
opportunity to provide relevant
information related to the granting of
separate rates to individual exporters.
The petitioners claim that Thailand is
an appropriate surrogate country for
China because it is a market economy
country that is at a level of economic
development comparable to that of
China and it is a significant producer of
comparable merchandise that is home to
several producers of welded pipe.43 The
petitioners provided publicly-available
information from Thailand to value all
FOPs.44 However, the petitioners relied
upon the financial statements of
Ternium, S.A., a Mexican producer of
welded pipe, to value financial ratios
because: (1) Mexico is also a country
found by Commerce to be economically
comparable to China; and (2) all of the
Thai producers of welded pipe that the
petitioners identified are either
privately held and do not publish
publicly-available financial statements
or do publish financial statements but
those statements indicate that the
companies operated at a loss during the
POI.45 Therefore, based on the
information provided by the petitioners,
we determine that it is appropriate to
use Thailand as the primary surrogate
country, but rely on the financial
statements of a Mexican producer of
welded pipe to value financial ratios, for
initiation purposes.
Interested parties will have the
opportunity to submit comments
regarding surrogate country selection
and, pursuant to 19 CFR
351.301(c)(3)(i), will be provided an
opportunity to submit publicly available
information to value FOPs within 30
days before the scheduled date of the
preliminary determination.
Factors of Production
Because information regarding the
volume of inputs consumed by Chinese
producers/exporters was not reasonably
available, the petitioners used the
product-specific consumption rates of a
42 See
China AD Initiation Checklist.
Volume VIII of the Petitions, at 10–11.
44 See Volume VIII of the Petitions, at 14–18 and
Exhibit AD–CN–16; see also the petitioners January
25, 2018, Response to the Supplemental Questions
Regarding Volume VIII of the Petition (China
Supplemental Response).
45 See Volume VIII of the Petitions at 18–19 and
Exhibit AD–CN–21.
43 See
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U.S. welded pipe producer to estimate
the Chinese manufacturers’ FOPs.46 The
petitioners valued the estimated FOPs
using surrogate values from Thailand, as
noted above.47 The petitioners used the
average POI exchange rate to convert the
data to U.S. dollars.48
Normal Value Based on Constructed
Value
As noted above, the petitioners were
unable to obtain information relating to
the prices charged for welded pipe in
Canada, Greece, India, Korea, and
Turkey, or any third country market;
accordingly, the petitioner based NV on
CV.49 Pursuant to section 773(e) of the
Act, CV consists of the cost of
manufacturing (COM), selling, general,
and administrative (SG&A) expenses,
financial expenses, packing expenses,
and profit. For Canada, Greece, India,
Korea, and Turkey, the petitioners
calculated the COM based on the input
factors of production and usage rates
from a U.S. producer of welded pipe.
The input factors of production were
valued using publicly available data on
costs specific to Canada, Greece, India,
Korea, and Turkey, during the proposed
POI.50 Specifically, the prices for raw
materials, reclaimed steel scrap, and
packing inputs were valued using
publicly available import and domestic
price data for Canada, Greece, India,
Korea, and Turkey.51 Labor and energy
costs were valued using publicly
available sources for Canada, Greece,
India, Korea, and Turkey.52 The
petitioners calculated factory overhead,
SG&A, and profit for Canada, Greece,
India, and Turkey based on the average
ratios found in the experience of a
producer of welded pipe products or of
comparable merchandise from each of
these countries.53 Because the
petitioners were not able to ascertain the
fixed overhead rate of a Korean
producer of welded pipe, the
petitioners, conservatively, omitted
fixed overhead costs in the calculation
of COM for Korea.54 The petitioners
calculated SG&A and profit for Korea
based on the average ratios found in the
46 See Volume VIII of the Petitions at 11–12;
China AD Supplement at Exhibit AD–CN–Supp–4.
47 See Volume VIII of the Petitions at 18–19 and
Exhibit AD–CN–21.
48 See Volume VIII of the Petitions at 15–16 and
Exhibit AD–CN–14; China AD Supplement at
Exhibit AD–CN–Supp–3.
49 See Canada AD Initiation Checklist; Greece AD
Initiation Checklist; India AD Initiation Checklist;
Korea AD Initiation Checklist; and Turkey AD
Initiation Checklist.
50 Id.
51 Id.
52 Id.
53 Id.
54 See Korea AD Initiation Checklist.
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experience of a Korean producer of
welded pipe products.55
August 6, 2015, and, therefore, apply to
these AD investigations.64
Fair Value Comparisons
Respondent Selection
Based on the data provided by the
petitioners, there is reason to believe
that imports of welded pipe from
Canada, China, Greece, India, Korea,
and Turkey are being, or are likely to be,
sold in the United States at less than fair
value. Based on comparisons of EP, or
CEP, to NV in accordance with sections
772 and 773 of the Act, the estimated
dumping margins for welded pipe for
each of the countries covered by this
initiation are as follows: (1) Canada—
50.89 percent; 56 (2) China—120.84—
132.63 percent; 57 (3) Greece—41.04
percent; 58 (4) India—37.94 percent; 59
(5) Korea—16.18 and 20.39 percent; 60
and (6) Turkey—66.09 percent.61
The petitioners named six companies
in Canada,65 26 companies in India,66
28 companies in Korea,67 and 13
companies in Turkey,68 as producers/
exporters of welded pipe. Following
standard practice in AD investigations
involving market economy countries, in
the event Commerce determines that the
number of companies is large and it
cannot individually examine each
company based upon Commerce’s
resources, where appropriate,
Commerce intends to select respondents
based on U.S. Customs and Border
Protection (CBP) data for U.S. imports
under the appropriate Harmonized
Tariff Schedule of the United States
numbers listed with the scope in the
Appendix, below.
On February 1, 2018 (for Canada),
February 2, 2018 (for India), February 5,
2018 (for Korea), and February 6 (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
AD investigations.69 Commerce will not
accept rebuttal comments regarding the
CBP data or respondent selection.
Although Commerce normally relies
on the number of producers/exporters
identified in the petition and/or import
data from CBP to determine whether to
select a limited number of producers/
exporters for individual examination in
AD investigations, the petitioners
identified only one company as a
producer/exporter of welded pipe in
Greece: Corinth Pipeworks S.A.
Initiation of Less-Than-Fair-Value
Investigations
Based upon the examination of the
AD Petitions, we find that the Petitions
meet the requirements of section 732 of
the Act. Therefore, we are initiating AD
investigations to determine whether
imports of welded pipe from Canada,
China, Greece, India, Korea, and Turkey
are being, or are likely to be, sold in the
United States at less than fair value. In
accordance with section 733(b)(1)(A) of
the Act and 19 CFR 351.205(b)(1),
unless postponed, we will make our
preliminary determinations no later
than 140 days after the date of this
initiation.
Under the Trade Preferences
Extension Act of 2015, numerous
amendments to the AD and CVD laws
were made.62 The 2015 law does not
specify dates of application for those
amendments. On August 6, 2015,
Commerce published an interpretative
rule, in which it announced the
applicability dates for each amendment
to the Act, except for amendments
contained in section 771(7) of the Act,
which relate to determinations of
material injury by the ITC.63 The
amendments to sections 771(15), 773,
776, and 782 of the Act are applicable
to all determinations made on or after
55 Id.
56 See
Canada AD Initiation Checklist.
China AD Initiation Checklist.
58 See Greece AD Initiation Checklist.
59 See India AD Initiation Checklist.
60 See Korea AD Initiation Checklist.
61 See Turkey AD Initiation Checklist.
62 See Trade Preferences Extension Act of 2015,
Public Law 114–27, 129 Stat. 362 (2015).
63 See 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).
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57 See
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64 Id. at 46794–95. The 2015 amendments may be
found at https://www.congress.gov/bill/114thcongress/house-bill/1295/text/pl.
65 See Volume I of the Petitions at Exhibit I–3.
66 Id.
67 Id.
68 Id.
69 See Commerce’s Letters, ‘‘Large Diameter
Welded Line Pipe Antidumping Duty Petition:
Release of Customs Data from U.S. Customs and
Border Protection;’’ ‘‘Large Diameter Welded Pipe
from India Antidumping Duty Petition: Release of
Customs Data from U.S. Customs and Border
Protection;’’ ‘‘Large Diameter Welded Pipe from the
Republic of Korea Antidumping Duty Petition:
Release of Customs Data from U.S. Customs and
Border Protection;’’ and ‘‘Large Diameter Welded
Pipe from Turkey Antidumping Duty Petition:
Release of Customs Data from U.S. Customs and
Border Protection.’’ These documents are dated
February 1, 2, 5, and 6, 2018, respectively.
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7159
(Corinth).70 We currently know of no
additional producers/exporters of
merchandise under consideration from
Greece, and the petitioners provided
information from an independent thirdparty source as support.71 Accordingly,
Commerce intends to examine Corinth,
the only known producer/exporter in
the investigation for Greece.
With respect to China, the petitioners
named 157 producers/exporters as
accounting for the majority of exports of
welded pipe to the United States from
China.72 After considering the large
number of producers and exporters
identified in the Petition, and
considering the resources that must be
utilized by Commerce to mail quantity
and value (Q&V) questionnaires to all of
these companies, Commerce has
determined that we do not have
sufficient administrative resources to
mail Q&V questionnaires to all 157
identified producers and exporters.
Therefore, Commerce has determined to
limit the number of Q&V questionnaires
it will send out to exporters and
producers based on CBP data for
imports meeting the description of the
scope of the investigation. Accordingly,
Commerce will send Q&V
questionnaires based on the producers
and exporters that are identified in the
Petition and that also appear in the CBP
data. On February 1, 2018, Commerce
released CBP data under APO to all
parties with access to information
protected by APO and indicated that
interested parties wishing to comment
on the CBP data must do so within three
business days of the publication date of
the notice of initiation of this
investigation.73 We further stated that
we will not accept rebuttal comments.74
In addition, Commerce will post the
Q&V questionnaire along with filing
instructions on the Enforcement and
Compliance website at https://
www.trade.gov/enforcement/news.asp.
In accordance with our standard
practice for respondent selection in AD
cases involving NME countries, we
intend to base respondent selection on
the responses to the Q&V questionnaire
that we receive.
Producers/exporters of welded pipe
from China that do not receive Q&V
questionnaires by mail may still submit
70 See Volume I of the Petitions, at Exhibit I–3;
Volume III of the Petitions, at 3; and Greece AD
Supplement, at 2–3.
71 See Volume III of the Petitions, at Exhibit AD–
GR–3; and Greece AD Supplement, at Exhibit AD–
GR–Supp–2.
72 See General Issues Supplement, at Exhibit I–
Supp–4.
73 See Commerce’s Memorandum to the File,
‘‘Releasing U.S. Customs and Border Protection
Data,’’ dated February 1, 2018.
74 Id.
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a response to the Q&V questionnaire
and can obtain a copy of the Q&V
questionnaire from Enforcement &
Compliance’s website. The Q&V
response must be submitted by the
relevant Chinese exporters/producers no
later than 5:00 p.m. ET on February 23,
2018. All Q&V responses must be filed
electronically via ACCESS.
Separate Rates
In order to obtain separate-rate status
in an NME investigation, exporters and
producers must submit a separate-rate
application.75 The specific requirements
for submitting a separate-rate
application in the China investigation
are outlined in detail in the application
itself, which is available on Commerce’s
website at https://enforcement.trade.gov/
nme/nme-sep-rate.html. The separaterate application will be due 30 days
after publication of this initiation
notice.76 Exporters and producers who
submit a separate-rate application and
have been selected as mandatory
respondents will be eligible for
consideration for separate-rate status
only if they respond to all parts of
Commerce’s AD questionnaire as
mandatory respondents. Commerce
requires that companies from China
submit a response to both the Q&V
questionnaire and the separate-rate
application by the respective deadlines
in order to receive consideration for
separate-rate status. Companies not
filing a timely Q&V response will not
receive separate-rate consideration.
Use of Combination Rates
Commerce will calculate combination
rates for certain respondents that are
eligible for a separate rate in an NME
investigation. The Separate Rates and
Combination Rates Bulletin states:
sradovich on DSK3GMQ082PROD with NOTICES
{w}hile continuing the practice of assigning
separate rates only to exporters, all separate
rates that the Department will now assign in
its NME Investigation will be specific to
those producers that supplied the exporter
during the period of investigation. Note,
however, that one rate is calculated for the
exporter and all of the producers which
supplied subject merchandise to it during the
period of investigation. This practice applies
both to mandatory respondents receiving an
individually calculated separate rate as well
as the pool of non-investigated firms
receiving the weighted-average of the
75 See Policy Bulletin 05.1: Separate-Rates
Practice and Application of Combination Rates in
Antidumping Investigation involving Non-Market
Economy Countries (April 5, 2005), available at
https://enforcement.trade.gov/policy/bull05-1.pdf
(Policy Bulletin 05.1).
76 Although in past investigations this deadline
was 60 days, consistent with 19 CFR 351.301(a),
which states that ‘‘the Secretary may request any
person to submit factual information at any time
during a proceeding,’’ this deadline is now 30 days.
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individually calculated rates. This practice is
referred to as the application of ‘‘combination
rates’’ because such rates apply to specific
combinations of exporters and one or more
producers. The cash-deposit rate assigned to
an exporter will apply only to merchandise
both exported by the firm in question and
produced by a firm that supplied the exporter
during the period of investigation.77
Distribution of Copies of the Petitions
In accordance with section
732(b)(3)(A)(i) of the Act and 19 CFR
351.202(f), copies of the public version
of the Petitions have been provided to
the governments of Canada, China,
Greece, India, Korea, and Turkey 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 732(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 Canada, China,
Greece, India, Korea, and/or Turkey are
materially injuring or threatening
material injury to a U.S. industry. A
negative ITC determination for any
country will result in the investigation
being terminated with respect to that
country.78 Otherwise, the 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 79 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
77 See
Policy Bulletin 05.1 at 6 (emphasis added).
78 Id.
79 See
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the record that the factual information
seeks to rebut, clarify, or correct.80 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
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.81
Parties must use the certification
formats provided in 19 CFR
351.303(g).82 Commerce intends to
reject factual submissions if the
submitting party does not comply with
the applicable revised certification
requirements.
80 See
19 CFR 351.301(b)(2).
section 782(b) of the Act.
82 See also Certification of Factual Information to
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule). Answers to frequently asked
questions regarding the Final Rule are available at
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
81 See
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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 these investigations
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 732(c)(2) and 777(i)
of the Act, and 19 CFR 351.203(c).
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.
sradovich on DSK3GMQ082PROD with NOTICES
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
VerDate Sep<11>2014
17:55 Feb 16, 2018
Jkt 244001
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. 2018–03305 Filed 2–16–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Submission for OMB Review;
Comment Request
Frm 00026
Fmt 4703
Sfmt 4703
observers to ensure they know how to
report, conduct training to ensure
people understand what constitutes a
victim crime, and to increase awareness
of potential victimizations.
Additionally, the survey results will
help law enforcement understand the
barriers to disclosure, so enforcement
may begin to address these impediments
so they no longer prevent observers
from disclosure.
Affected Public: Individuals or
households.
Frequency: Annually.
Respondent’s Obligation: Voluntary.
This information collection request
may be viewed at reginfo.gov. Follow
the instructions to view Department of
Commerce collections currently under
review by OMB.
Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to OIRA_Submission@
omb.eop.gov or fax to (202) 395–5806.
Dated: February 14, 2018.
Sarah Brabson,
NOAA PRA Clearance Officer.
[FR Doc. 2018–03364 Filed 2–16–18; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
The Department of Commerce will
submit to the Office of Management and
Budget (OMB) for clearance the
following proposal for collection of
information under the provisions of the
Paperwork Reduction Act (44 U.S.C.
Chapter 35).
Agency: National Oceanic and
Atmospheric Administration (NOAA).
Title: North Pacific Observer Safety
and Security Survey.
OMB Control Number: 0648-xxxx.
Form Number(s): None.
Type of Request: Regular (request for
a new information collection).
Number of Respondents: 300.
Average Hours per Response: 10
minutes.
Burden Hours: 50.
Needs and Uses: The Office of Law
Enforcement, Alaska Division, is
conducting a survey of North Pacific
Observers to determine the number of
observers who experienced victimizing
behavior during deployments in 2016
and 2017. The survey will also
investigate the reasons that prevented
observers from reporting these
violations. The results of the survey will
provide the Office of Law Enforcement
a better understanding of how often
observers are victimized, which will
enable them to reallocate resources as
needed, conduct more training for
PO 00000
7161
National Oceanic and Atmospheric
Administration
RIN 0648–XG036
Fisheries of the South Atlantic;
Southeast Data, Assessment, and
Review (SEDAR); Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of SEDAR 55 Assessment
webinar.
AGENCY:
The SEDAR 55 assessment of
the South Atlantic stock of Vermilion
Snapper will consist of a series
webinars. See SUPPLEMENTARY
INFORMATION.
SUMMARY:
A SEDAR 55 Assessment
webinar will be held on Monday, March
5, 2018, from 12:30 p.m. until 2 p.m.
ADDRESSES:
Meeting address: The meeting will be
held via webinar. The webinar is open
to members of the public. Those
interested in participating should
contact Julia Byrd at SEDAR (see FOR
FURTHER INFORMATION CONTACT) to
request an invitation providing webinar
access information. Please request
DATES:
E:\FR\FM\20FEN1.SGM
20FEN1
]]>Agencies
[Federal Register Volume 83, Number 34 (Tuesday, February 20, 2018)]
[Notices]
[Pages 7154-7161]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-03305]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-122-863, A-484-803, A-533-881, A-570-077, A-580-897, A-489-833]
Large Diameter Welded Pipe From Canada, Greece, India, the
People's Republic of China, the Republic of Korea, and the Republic of
Turkey: Initiation of Less-Than-Fair-Value Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable February 9, 2018.
FOR FURTHER INFORMATION CONTACT: Susan Pulongbarit at (202) 482-4031
(Canada); Brittany Bauer at (202) 482-3860 (Greece); Jaron Moore at
(202) 482-3640 (India); Kabir Archuletta at (202) 482-8024 (the
People's Republic of China (China)); Jesus Saenz at (202) 482-8184 (the
Republic of Korea (Korea)); and Rebecca Janz at (202) 482-2972 (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 antidumping duty (AD) Petitions concerning imports of large
diameter welded pipe (welded pipe) from Canada, China, Greece, India,
Korea, and Turkey, filed in proper form on behalf of American Cast Iron
Pipe Company, Berg Steel Pipe Corp., Dura-Bond Industries, Skyline
Steel, and Stupp Corporation (collectively, the petitioners).\1\ The AD
Petitions were accompanied by countervailing duty (CVD) Petitions
concerning imports of welded pipe from China, 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\ See Volume I of the Petitions, 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 3 days.
---------------------------------------------------------------------------
On January 23, 24, 29, 30, and February 6, 2018, Commerce requested
supplemental information pertaining to certain areas of the
Petitions.\4\ The
[[Page 7155]]
petitioners filed responses to these requests on January 25, 26, 29,
and 30, and February 1, 5, and 6, 2018.\5\ Also on February 5, 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
Antidumping Duties on Imports of Large Diameter Welded Pipe from
{Canada{time} {sic{time} : Supplemental Questions;'' ``Petition for
the Imposition of Antidumping Duties on Imports of Large Diameter
Welded Pipe from the People's Republic of China: Supplemental
Questions;'' ``Petition for the Imposition of Antidumping Duties on
Imports of Large Diameter Welded Pipe from Greece: Supplemental
Questions;'' and ``Petition for the Imposition of Antidumping Duties
on Imports of Large Diameter Welded Pipe from Turkey: Supplemental
Questions.'' All of these documents are dated January 23, 2018. See
also Commerce's Letters, ``Petition for the Imposition of
Antidumping Duties on Imports of Large Diameter Welded Pipe from
India: Supplemental Questions;'' and ``Petition for the Imposition
of Antidumping Duties on Imports of Large Diameter Welded Pipe from
the Republic of Korea: Supplemental Questions,'' both dated January
24, 2018. See also Commerce's Letter, ``Petition for the Imposition
of Antidumping Duties on Imports of Large Diameter Welded Pipe from
the People's Republic of China: Supplemental Questions,'' dated
January 29, 2018. See also ``Petition for the Imposition of
Antidumping Duties on Imports of Large Diameter Welded Pipe from
Greece: Additional Questions;'' ``Petition for the Imposition of
Antidumping Duties on Imports of Large Diameter Welded Pipe from
India: Additional Questions;'' ``Petition for the Imposition of
Antidumping Duties on Imports of Large Diameter Welded Pipe from
Korea: Additional Questions;'' and ``Petition for the Imposition of
Antidumping Duties on Imports of Large Diameter Welded Pipe from
Turkey: Additional Questions.'' These documents are all dated
January 30, 2018. See also Commerce's Memorandum to the File,
``Telephone Call with Petitioner's Counsel Regarding U.S. Price
Calculation,'' dated February 6, 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 VIII of the
Petition for the Imposition of Antidumping and Countervailing
Duties,'' dated January 25, 2018 (China AD Supplement). See also
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 I of the Petition for
the Imposition of Antidumping and Countervailing Duties'' (General
Issues Supplement); ``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 II of the Petition for
the Imposition of Antidumping and Countervailing Duties'' (Canada AD
Supplement); ``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 III of the Petition for the
Imposition of Antidumping and Countervailing Duties'' (Greece AD
Supplement); 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 X of the Petition for the
Imposition of Antidumping and Countervailing Duties'' (Turkey AD
Supplement). All of these documents are dated January 26, 2018. See
also 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 24,
2018 Supplemental Questions Regarding Volume IV of the Petition for
the Imposition of Antidumping and Countervailing Duties'' (India AD
Supplement); 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 24, 2018
Supplemental Questions Regarding Volume VI of the Petition for the
Imposition of Antidumping and Countervailing Duties'' (Korea AD
Supplement), both dated January 29, 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 29, 2018
Supplemental Questions Regarding Volume VIII of the Petition for the
Imposition of Antidumping and Countervailing Duties,'' dated January
29, 2018 (Second China AD Supplement). See also 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 30, 2018
Supplemental Questions Regarding Volume III 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 30, 2018 Additional Questions
Regarding Volume IV of the Petition for the Imposition of
Antidumping and Countervailing Duties'' (Second India AD
Supplement); ``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 30, 2018
Additional Questions Regarding Volume VI of the Petition for the
Imposition of Antidumping and Countervailing Duties'' (Second Korea
AD Supplement); 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 30,
2018 Supplemental Questions Regarding Volume X of the Petition for
the Imposition of Antidumping and Countervailing Duties'' (Second
Turkey AD Supplement). All of these documents are dated February 1,
2018. See also Petitioners' Letter, ``Large Diameter Welded Pipe
from Greece: Supplement to the Petitions for the Imposition of
Antidumping and Countervailing Duties'' (Second Greece AD
Supplement), dated February 5, 2018. See also 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: Submission of Declaration regarding Vol. III of the
Petition on 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:
Clarification of Vol. IV India Dumping Margin,'' (Third India AD
Supplement). Both of these documents are dated February 6, 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 732(b) of the Tariff Act of 1930, as
amended (the Act), the petitioners allege that imports of welded pipe
from Canada, China, Greece, India, Korea, and Turkey are being, or are
likely to be, sold in the United States at less than fair value within
the meaning of section 731 of the Act, and that such imports are
materially injuring, or threatening material injury to, the domestic
industry producing welded pipe in the United States. Consistent with
section 732(b)(1) of the Act, 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 with respect
to the initiation of the AD investigations that the petitioners are
requesting.\7\
---------------------------------------------------------------------------
\7\ See the ``Determination of Industry Support for the
Petitions'' section, infra.
---------------------------------------------------------------------------
Periods of Investigation
Because the Petitions were filed on January 17, 2018, pursuant to
19 CFR 351.204(b)(1), the period of investigation (POI) for the Canada,
Greece, India, Korea, and Turkey investigations is January 1, 2017,
through December 31, 2017. Because China is a non-market economy (NME)
country, pursuant to 19 CFR 351.204(b)(1), the POI for the China
investigation is July 1, 2017, through December 31, 2017.
Scope of the Investigations
The product covered by these investigations is welded pipe from
Canada, China, Greece, India, Korea, and Turkey. For a full description
of the scope of these investigations, see the Appendix to this notice.
Scope Comments
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
[[Page 7156]]
calendar days from the initial comments deadline.\11\
---------------------------------------------------------------------------
\9\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\10\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\11\ See 19 CFR 351.303(b).
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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, effective 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.
---------------------------------------------------------------------------
Comments on Product Characteristics for AD Questionnaires
Commerce will provide interested parties an opportunity to comment
on the appropriate physical characteristics of welded pipe to be
reported in response to Commerce's AD questionnaires. This information
will be used to identify the key physical characteristics of the
merchandise under consideration in order to report the relevant costs
of production accurately as well as to develop appropriate product-
comparison criteria.
Interested parties may provide any information or comments that
they feel are relevant to the development of an accurate list of
physical characteristics. Specifically, they may provide comments as to
which characteristics are appropriate to use as: (1) General product
characteristics, and (2) product-comparison criteria. We note that it
is not always appropriate to use all product characteristics as
product-comparison criteria. We base product-comparison criteria on
meaningful commercial differences among products. In other words,
although there may be some physical product characteristics utilized by
manufacturers to describe welded pipe, it may be that only a select few
product characteristics take into account commercially meaningful
physical characteristics. In addition, interested parties may comment
on the order in which the physical characteristics should be used in
matching products. Generally, Commerce attempts to list the most
important physical characteristics first and the least important
characteristics last.
In order to consider the suggestions of interested parties in
developing and issuing the AD questionnaires, all product
characteristics comments must be filed by 5:00 p.m. ET on March 1,
2018. Any rebuttal comments must be filed by 5:00 p.m. ET on March 12,
2018. All comments and submissions to Commerce must be filed
electronically using ACCESS, as explained above, on the records of the
Canada, China, Greece, India, Korea, and Turkey less-than-fair-value
investigations.
Determination of Industry Support for the Petitions
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(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 732(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,\13\ 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.\14\
---------------------------------------------------------------------------
\13\ See section 771(10) of the Act.
\14\ 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)).
---------------------------------------------------------------------------
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 Petitions.\15\ 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.\16\
---------------------------------------------------------------------------
\15\ See Volume I of the Petitions, at 15; see also General
Issues Supplement, at 7-10.
\16\ For a discussion of the domestic like product analysis as
applied to these cases and information regarding industry support,
see Antidumping Duty Investigation Initiation Checklist: Large
Diameter Welded Pipe from Canada (Canada AD Initiation Checklist),
at Attachment II; Antidumping Duty Investigation Initiation
Checklist: Large Diameter Welded Pipe from Greece (Greece AD
Initiation Checklist), at Attachment II; Antidumping Duty
Investigation Initiation Checklist: Large Diameter Welded Pipe from
India (India AD Initiation Checklist), at Attachment II; Antidumping
Duty Investigation Initiation Checklist: Large Diameter Welded Pipe
from the People's Republic of China (China AD Initiation Checklist),
at Attachment II; Antidumping Duty Investigation Initiation
Checklist: Large Diameter Welded Pipe from the Republic of Korea
(Korea AD Initiation Checklist), at Attachment II; and Antidumping
Duty Investigation Initiation Checklist: Large Diameter Welded Pipe
from the Republic of Turkey (Turkey AD 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.
---------------------------------------------------------------------------
[[Page 7157]]
In determining whether the petitioners have standing under section
732(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.\17\ The petitioners compared the total quantity of these
shipments to the estimated total shipments of the domestic like product
for the entire domestic industry.\18\ The petitioners explained that
they relied on shipment data because production data for the entire
domestic industry are not available.\19\ 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.\20\ We relied on data the petitioners
provided for purposes of measuring industry support.\21\
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\17\ 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-Supp3-3.
\18\ Id.
\19\ See Industry Support Supplement, at 3.
\20\ Id. at 3 and Exhibits I-Supp-2-1 and I-Supp2-2.
\21\ Id. For further discussion, see Attachment II of the Canada
AD Initiation Checklist, China AD Initiation Checklist, Greece AD
Initiation Checklist, India AD Initiation Checklist, Korea AD
Initiation Checklist, and Turkey AD 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.\22\ 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).\23\ Second, the domestic producers
(or workers) have met the statutory criteria for industry support under
section 732(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.\24\ Finally, the
domestic producers (or workers) have met the statutory criteria for
industry support under section 732(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.\25\ Accordingly, Commerce determines that
the Petitions were filed on behalf of the domestic industry within the
meaning of section 732(b)(1) of the Act.
---------------------------------------------------------------------------
\22\ Id.
\23\ Id.; see also section 732(c)(4)(D) of the Act.
\24\ See Attachment II of the Canada AD Initiation Checklist,
China AD Initiation Checklist, Greece AD Initiation Checklist, India
AD Initiation Checklist, Korea AD Initiation Checklist, and Turkey
AD Initiation Checklist.
\25\ 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 AD investigations that they are
requesting that Commerce initiate.\26\
---------------------------------------------------------------------------
\26\ Id.
---------------------------------------------------------------------------
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.\27\ 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 Canada AD Initiation Checklist,
China AD Initiation Checklist, Greece AD Initiation Checklist, India AD
Initiation Checklist, Korea AD Initiation Checklist, and Turkey AD
Initiation Checklist.
---------------------------------------------------------------------------
\27\ See letter from Borusan to Commerce dated January 25, 2018,
``Comments on Industry Support,'' letter from Borusan to Commerce
dated January 29, 2018, ``Additional Comments on Industry Support,''
and letter from Borusan to Commerce dated February 5, 2018,
``Additional Comments on Industry Support.''
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Allegations and Evidence of Material Injury and Causation
The petitioners allege that the U.S. industry producing the
domestic like product is being materially injured, or is threatened
with material injury, by reason of the imports of the subject
merchandise sold at less than normal value (NV). In addition, the
petitioners allege that subject imports exceed the negligibility
threshold provided for under section 771(24)(A) of the Act.\28\
---------------------------------------------------------------------------
\28\ 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.
---------------------------------------------------------------------------
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.\29\ 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.\30\
---------------------------------------------------------------------------
\29\ 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.
\30\ See Canada AD 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 China AD Initiation Checklist,
at Attachment III; see also Greece AD Initiation Checklist, at
Attachment III; see also India AD Initiation Checklist, at
Attachment III; see also Korea AD Initiation Checklist, at
Attachment III; see also Turkey AD Initiation Checklist, at
Attachment III.
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Allegations of Sales at Less Than Fair Value
The following is a description of the allegations of sales at less
than fair value upon which Commerce based its decision to initiate AD
investigations of imports of welded pipe from Canada, China, Greece,
India, Korea, and Turkey. The sources of data for the deductions and
adjustments relating to U.S. price and NV are discussed in greater
detail in the country-specific initiation checklists.
Export Price
For Korea and Turkey, the petitioners based export price (EP) on
price quotes for sales of welded pipe produced in, and exported from,
those countries and offered for sale in the United States.\31\ For
China, the petitioners based EP on the average unit values (AUVs) of
publicly available import data.\32\ For China, the petitioners also
used data regarding sales exported by a Chinese producer of welded pipe
to support EP.\33\ For Canada and India, the
[[Page 7158]]
petitioners based EP on sales offers for welded pipe produced in, and
exported from, those countries, valued using AUVs of publicly available
import data.\34\ Where applicable, the petitioners made deductions from
U.S. price for movement and other expenses, consistent with the terms
of sale.\35\
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\31\ See Korea and Turkey AD Initiation Checklists.
\32\ See China AD Initiation Checklist.
\33\ Id.
\34\ See Canada and India AD Initiation Checklists.
\35\ See Canada, China, India, Korea, and Turkey Initiation
Checklists.
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Constructed Export Price
For Greece, because the petitioners had reason to believe the sale
was made through a U.S. affiliate, petitioners based constructed export
price (CEP) on an offer for sale of welded pipe produced in, and
exported from, Greece and offered for sale in the United States.\36\
The petitioners made deductions from U.S. price for movement expenses
consistent with the delivery terms.\37\ Where applicable, the
petitioners also deducted CEP selling expenses from U.S. price.\38\
---------------------------------------------------------------------------
\36\ See Greece Initiation Checklist.
\37\ Id.
\38\ Id.
---------------------------------------------------------------------------
Normal Value
For Canada, Greece, India, Korea, and Turkey, the petitioners were
unable to obtain reliable information relating to the prices charged
for welded pipe in Canada, Greece, India, Korea, and Turkey, or any
third country market.\39\ Because home market and third country prices
were not reasonably available, the petitioners calculated NV based on
constructed value (CV). For further discussion of CV, see the section
``Normal Value Based on Constructed Value'' below.\40\
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\39\ See Canada, Greece, India, Korea, and Turkey AD Initiation
Checklists.
\40\ In accordance with section 505(a) of the Trade Preferences
Extension Act of 2015, amending section 773(b)(2) of the Act, for
this investigation, Commerce will request information necessary to
calculate the CV and cost of production (COP) to determine whether
there are reasonable grounds to believe or suspect that sales of the
foreign like product have been made at prices that represent less
than the COP of the product. Commerce no longer requires a COP
allegation to conduct this analysis.
---------------------------------------------------------------------------
With respect to China, Commerce considers China to be an NME
country.\41\ In accordance with section 771(18)(C)(i) of the Act, any
determination that a foreign country is an NME country shall remain in
effect until revoked by Commerce. Therefore, we continue to treat China
as an NME country for purposes of the initiation of this investigation.
Accordingly, NV in China is appropriately based on factors of
production (FOPs) valued in a surrogate market economy country, in
accordance with section 773(c) of the Act.\42\ In the course of this
investigation, all parties, and the public, will have the opportunity
to provide relevant information related to the granting of separate
rates to individual exporters.
---------------------------------------------------------------------------
\41\ See Antidumping Duty Investigation of Certain Aluminum Foil
from the People's Republic of China: Affirmative Preliminary
Determination of Sales at Less-Than-Fair Value and Postponement of
Final Determination, 82 FR 50858, 50861 (November 2, 2017), and
accompanying decision memorandum, China's Status as a Non-Market
Economy.
\42\ See China AD Initiation Checklist.
---------------------------------------------------------------------------
The petitioners claim that Thailand is an appropriate surrogate
country for China because it is a market economy country that is at a
level of economic development comparable to that of China and it is a
significant producer of comparable merchandise that is home to several
producers of welded pipe.\43\ The petitioners provided publicly-
available information from Thailand to value all FOPs.\44\ However, the
petitioners relied upon the financial statements of Ternium, S.A., a
Mexican producer of welded pipe, to value financial ratios because: (1)
Mexico is also a country found by Commerce to be economically
comparable to China; and (2) all of the Thai producers of welded pipe
that the petitioners identified are either privately held and do not
publish publicly-available financial statements or do publish financial
statements but those statements indicate that the companies operated at
a loss during the POI.\45\ Therefore, based on the information provided
by the petitioners, we determine that it is appropriate to use Thailand
as the primary surrogate country, but rely on the financial statements
of a Mexican producer of welded pipe to value financial ratios, for
initiation purposes.
---------------------------------------------------------------------------
\43\ See Volume VIII of the Petitions, at 10-11.
\44\ See Volume VIII of the Petitions, at 14-18 and Exhibit AD-
CN-16; see also the petitioners January 25, 2018, Response to the
Supplemental Questions Regarding Volume VIII of the Petition (China
Supplemental Response).
\45\ See Volume VIII of the Petitions at 18-19 and Exhibit AD-
CN-21.
---------------------------------------------------------------------------
Interested parties will have the opportunity to submit comments
regarding surrogate country selection and, pursuant to 19 CFR
351.301(c)(3)(i), will be provided an opportunity to submit publicly
available information to value FOPs within 30 days before the scheduled
date of the preliminary determination.
Factors of Production
Because information regarding the volume of inputs consumed by
Chinese producers/exporters was not reasonably available, the
petitioners used the product-specific consumption rates of a U.S.
welded pipe producer to estimate the Chinese manufacturers' FOPs.\46\
The petitioners valued the estimated FOPs using surrogate values from
Thailand, as noted above.\47\ The petitioners used the average POI
exchange rate to convert the data to U.S. dollars.\48\
---------------------------------------------------------------------------
\46\ See Volume VIII of the Petitions at 11-12; China AD
Supplement at Exhibit AD-CN-Supp-4.
\47\ See Volume VIII of the Petitions at 18-19 and Exhibit AD-
CN-21.
\48\ See Volume VIII of the Petitions at 15-16 and Exhibit AD-
CN-14; China AD Supplement at Exhibit AD-CN-Supp-3.
---------------------------------------------------------------------------
Normal Value Based on Constructed Value
As noted above, the petitioners were unable to obtain information
relating to the prices charged for welded pipe in Canada, Greece,
India, Korea, and Turkey, or any third country market; accordingly, the
petitioner based NV on CV.\49\ Pursuant to section 773(e) of the Act,
CV consists of the cost of manufacturing (COM), selling, general, and
administrative (SG&A) expenses, financial expenses, packing expenses,
and profit. For Canada, Greece, India, Korea, and Turkey, the
petitioners calculated the COM based on the input factors of production
and usage rates from a U.S. producer of welded pipe. The input factors
of production were valued using publicly available data on costs
specific to Canada, Greece, India, Korea, and Turkey, during the
proposed POI.\50\ Specifically, the prices for raw materials, reclaimed
steel scrap, and packing inputs were valued using publicly available
import and domestic price data for Canada, Greece, India, Korea, and
Turkey.\51\ Labor and energy costs were valued using publicly available
sources for Canada, Greece, India, Korea, and Turkey.\52\ The
petitioners calculated factory overhead, SG&A, and profit for Canada,
Greece, India, and Turkey based on the average ratios found in the
experience of a producer of welded pipe products or of comparable
merchandise from each of these countries.\53\ Because the petitioners
were not able to ascertain the fixed overhead rate of a Korean producer
of welded pipe, the petitioners, conservatively, omitted fixed overhead
costs in the calculation of COM for Korea.\54\ The petitioners
calculated SG&A and profit for Korea based on the average ratios found
in the
[[Page 7159]]
experience of a Korean producer of welded pipe products.\55\
---------------------------------------------------------------------------
\49\ See Canada AD Initiation Checklist; Greece AD Initiation
Checklist; India AD Initiation Checklist; Korea AD Initiation
Checklist; and Turkey AD Initiation Checklist.
\50\ Id.
\51\ Id.
\52\ Id.
\53\ Id.
\54\ See Korea AD Initiation Checklist.
\55\ Id.
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Fair Value Comparisons
Based on the data provided by the petitioners, there is reason to
believe that imports of welded pipe from Canada, China, Greece, India,
Korea, and Turkey are being, or are likely to be, sold in the United
States at less than fair value. Based on comparisons of EP, or CEP, to
NV in accordance with sections 772 and 773 of the Act, the estimated
dumping margins for welded pipe for each of the countries covered by
this initiation are as follows: (1) Canada--50.89 percent; \56\ (2)
China--120.84--132.63 percent; \57\ (3) Greece--41.04 percent; \58\ (4)
India--37.94 percent; \59\ (5) Korea--16.18 and 20.39 percent; \60\ and
(6) Turkey--66.09 percent.\61\
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\56\ See Canada AD Initiation Checklist.
\57\ See China AD Initiation Checklist.
\58\ See Greece AD Initiation Checklist.
\59\ See India AD Initiation Checklist.
\60\ See Korea AD Initiation Checklist.
\61\ See Turkey AD Initiation Checklist.
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Initiation of Less-Than-Fair-Value Investigations
Based upon the examination of the AD Petitions, we find that the
Petitions meet the requirements of section 732 of the Act. Therefore,
we are initiating AD investigations to determine whether imports of
welded pipe from Canada, China, Greece, India, Korea, and Turkey are
being, or are likely to be, sold in the United States at less than fair
value. In accordance with section 733(b)(1)(A) of the Act and 19 CFR
351.205(b)(1), unless postponed, we will make our preliminary
determinations no later than 140 days after the date of this
initiation.
Under the Trade Preferences Extension Act of 2015, numerous
amendments to the AD and CVD laws were made.\62\ The 2015 law does not
specify dates of application for those amendments. On August 6, 2015,
Commerce published an interpretative rule, in which it announced the
applicability dates for each amendment to the Act, except for
amendments contained in section 771(7) of the Act, which relate to
determinations of material injury by the ITC.\63\ The amendments to
sections 771(15), 773, 776, and 782 of the Act are applicable to all
determinations made on or after August 6, 2015, and, therefore, apply
to these AD investigations.\64\
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\62\ See Trade Preferences Extension Act of 2015, Public Law
114-27, 129 Stat. 362 (2015).
\63\ See 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).
\64\ Id. at 46794-95. The 2015 amendments may be found at
https://www.congress.gov/bill/114th-congress/house-bill/1295/text/pl.
---------------------------------------------------------------------------
Respondent Selection
The petitioners named six companies in Canada,\65\ 26 companies in
India,\66\ 28 companies in Korea,\67\ and 13 companies in Turkey,\68\
as producers/exporters of welded pipe. Following standard practice in
AD investigations involving market economy countries, in the event
Commerce determines that the number of companies is large and it cannot
individually examine each company based upon Commerce's resources,
where appropriate, Commerce intends to select respondents based on U.S.
Customs and Border Protection (CBP) data for U.S. imports under the
appropriate Harmonized Tariff Schedule of the United States numbers
listed with the scope in the Appendix, below.
---------------------------------------------------------------------------
\65\ See Volume I of the Petitions at Exhibit I-3.
\66\ Id.
\67\ Id.
\68\ Id.
---------------------------------------------------------------------------
On February 1, 2018 (for Canada), February 2, 2018 (for India),
February 5, 2018 (for Korea), and February 6 (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 AD
investigations.\69\ Commerce will not accept rebuttal comments
regarding the CBP data or respondent selection.
---------------------------------------------------------------------------
\69\ See Commerce's Letters, ``Large Diameter Welded Line Pipe
Antidumping Duty Petition: Release of Customs Data from U.S. Customs
and Border Protection;'' ``Large Diameter Welded Pipe from India
Antidumping Duty Petition: Release of Customs Data from U.S. Customs
and Border Protection;'' ``Large Diameter Welded Pipe from the
Republic of Korea Antidumping Duty Petition: Release of Customs Data
from U.S. Customs and Border Protection;'' and ``Large Diameter
Welded Pipe from Turkey Antidumping Duty Petition: Release of
Customs Data from U.S. Customs and Border Protection.'' These
documents are dated February 1, 2, 5, and 6, 2018, respectively.
---------------------------------------------------------------------------
Although Commerce normally relies on the number of producers/
exporters identified in the petition and/or import data from CBP to
determine whether to select a limited number of producers/exporters for
individual examination in AD investigations, the petitioners identified
only one company as a producer/exporter of welded pipe in Greece:
Corinth Pipeworks S.A. (Corinth).\70\ We currently know of no
additional producers/exporters of merchandise under consideration from
Greece, and the petitioners provided information from an independent
third-party source as support.\71\ Accordingly, Commerce intends to
examine Corinth, the only known producer/exporter in the investigation
for Greece.
---------------------------------------------------------------------------
\70\ See Volume I of the Petitions, at Exhibit I-3; Volume III
of the Petitions, at 3; and Greece AD Supplement, at 2-3.
\71\ See Volume III of the Petitions, at Exhibit AD-GR-3; and
Greece AD Supplement, at Exhibit AD-GR-Supp-2.
---------------------------------------------------------------------------
With respect to China, the petitioners named 157 producers/
exporters as accounting for the majority of exports of welded pipe to
the United States from China.\72\ After considering the large number of
producers and exporters identified in the Petition, and considering the
resources that must be utilized by Commerce to mail quantity and value
(Q&V) questionnaires to all of these companies, Commerce has determined
that we do not have sufficient administrative resources to mail Q&V
questionnaires to all 157 identified producers and exporters.
Therefore, Commerce has determined to limit the number of Q&V
questionnaires it will send out to exporters and producers based on CBP
data for imports meeting the description of the scope of the
investigation. Accordingly, Commerce will send Q&V questionnaires based
on the producers and exporters that are identified in the Petition and
that also appear in the CBP data. On February 1, 2018, Commerce
released CBP data under APO to all parties with access to information
protected by APO and indicated that interested parties wishing to
comment on the CBP data must do so within three business days of the
publication date of the notice of initiation of this investigation.\73\
We further stated that we will not accept rebuttal comments.\74\
---------------------------------------------------------------------------
\72\ See General Issues Supplement, at Exhibit I-Supp-4.
\73\ See Commerce's Memorandum to the File, ``Releasing U.S.
Customs and Border Protection Data,'' dated February 1, 2018.
\74\ Id.
---------------------------------------------------------------------------
In addition, Commerce will post the Q&V questionnaire along with
filing instructions on the Enforcement and Compliance website at https://www.trade.gov/enforcement/news.asp. In accordance with our standard
practice for respondent selection in AD cases involving NME countries,
we intend to base respondent selection on the responses to the Q&V
questionnaire that we receive.
Producers/exporters of welded pipe from China that do not receive
Q&V questionnaires by mail may still submit
[[Page 7160]]
a response to the Q&V questionnaire and can obtain a copy of the Q&V
questionnaire from Enforcement & Compliance's website. The Q&V response
must be submitted by the relevant Chinese exporters/producers no later
than 5:00 p.m. ET on February 23, 2018. All Q&V responses must be filed
electronically via ACCESS.
Separate Rates
In order to obtain separate-rate status in an NME investigation,
exporters and producers must submit a separate-rate application.\75\
The specific requirements for submitting a separate-rate application in
the China investigation are outlined in detail in the application
itself, which is available on Commerce's website at https://enforcement.trade.gov/nme/nme-sep-rate.html. The separate-rate
application will be due 30 days after publication of this initiation
notice.\76\ Exporters and producers who submit a separate-rate
application and have been selected as mandatory respondents will be
eligible for consideration for separate-rate status only if they
respond to all parts of Commerce's AD questionnaire as mandatory
respondents. Commerce requires that companies from China submit a
response to both the Q&V questionnaire and the separate-rate
application by the respective deadlines in order to receive
consideration for separate-rate status. Companies not filing a timely
Q&V response will not receive separate-rate consideration.
---------------------------------------------------------------------------
\75\ See Policy Bulletin 05.1: Separate-Rates Practice and
Application of Combination Rates in Antidumping Investigation
involving Non-Market Economy Countries (April 5, 2005), available at
https://enforcement.trade.gov/policy/bull05-1.pdf (Policy Bulletin
05.1).
\76\ Although in past investigations this deadline was 60 days,
consistent with 19 CFR 351.301(a), which states that ``the Secretary
may request any person to submit factual information at any time
during a proceeding,'' this deadline is now 30 days.
---------------------------------------------------------------------------
Use of Combination Rates
Commerce will calculate combination rates for certain respondents
that are eligible for a separate rate in an NME investigation. The
Separate Rates and Combination Rates Bulletin states:
{w{time} hile continuing the practice of assigning separate rates
only to exporters, all separate rates that the Department will now
assign in its NME Investigation will be specific to those producers
that supplied the exporter during the period of investigation. Note,
however, that one rate is calculated for the exporter and all of the
producers which supplied subject merchandise to it during the period
of investigation. This practice applies both to mandatory
respondents receiving an individually calculated separate rate as
well as the pool of non-investigated firms receiving the weighted-
average of the individually calculated rates. This practice is
referred to as the application of ``combination rates'' because such
rates apply to specific combinations of exporters and one or more
producers. The cash-deposit rate assigned to an exporter will apply
only to merchandise both exported by the firm in question and
produced by a firm that supplied the exporter during the period of
investigation.\77\
---------------------------------------------------------------------------
\77\ See Policy Bulletin 05.1 at 6 (emphasis added).
---------------------------------------------------------------------------
Distribution of Copies of the Petitions
In accordance with section 732(b)(3)(A)(i) of the Act and 19 CFR
351.202(f), copies of the public version of the Petitions have been
provided to the governments of Canada, China, Greece, India, Korea, and
Turkey 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
732(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 Canada, China, Greece,
India, Korea, and/or Turkey are materially injuring or threatening
material injury to a U.S. industry. A negative ITC determination for
any country will result in the investigation being terminated with
respect to that country.\78\ Otherwise, the investigations will proceed
according to statutory and regulatory time limits.
---------------------------------------------------------------------------
\78\ Id.
---------------------------------------------------------------------------
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
\79\ 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.\80\ 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.
---------------------------------------------------------------------------
\79\ See 19 CFR 351.301(b).
\80\ See 19 CFR 351.301(b)(2).
---------------------------------------------------------------------------
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.\81\
Parties must use the certification formats provided in 19 CFR
351.303(g).\82\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable revised
certification requirements.
---------------------------------------------------------------------------
\81\ See section 782(b) of the Act.
\82\ See also Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to
frequently asked questions regarding the Final Rule are available at
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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[[Page 7161]]
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 these investigations 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 732(c)(2)
and 777(i) of the Act, and 19 CFR 351.203(c).
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. 2018-03305 Filed 2-16-18; 8:45 am]
BILLING CODE 3510-DS-P
