Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel From Switzerland: Final Determination of Sales at Less Than Fair Value, 16293-16296 [2018-07853]

Download as PDF srobinson on DSK3G9T082PROD with NOTICES Federal Register / Vol. 83, No. 73 / Monday, April 16, 2018 / Notices Administration, Room 28018, 1401 Constitution Avenue NW, Washington, DC 20230 or email: tracy.gerstle@ trade.gov. FOR FURTHER INFORMATION CONTACT: Ms. Tracy Gerstle, Office of Energy & Environmental Industries (OEEI), International Trade Administration, Room 28018, 1401 Constitution Avenue NW, Washington, DC 20230 (Phone: 202–482–0810; Fax: 202–482–5665; email: tracy.gerstle@trade.gov). SUPPLEMENTARY INFORMATION: The meeting will take place on April 30 from 1:00 p.m. to 3:00 p.m. EDT. The general meeting is open to the public and time will be permitted for public comment from 2:45–3:00 p.m. EDT. Members of the public seeking to attend the meeting are required to register in advance. Those interested in attending must provide notification by Monday, April 23, 2018 at 5:00 p.m. EDT, via the contact information provided above. This teleconference is accessible to people with disabilities. Requests for auxiliary aids should be directed to OEEI at (202) 482–0810 no less than one week prior to the meeting. Requests received after this date will be accepted, but it may not be possible to accommodate them. Written comments concerning ETTAC affairs are welcome any time before or after the meeting. To be considered during the meeting, written comments must be received by Monday, April 23, 2018 at 5:00 p.m. EDT to ensure transmission to the members before the meeting. Minutes will be available within 30 days of this meeting. Topic to be considered: During the April 30, 2018 meeting the three ETTAC subcommittees will discuss their top priorities for this charter period, with the goal of finalizing the ETTAC’s recommendations for the Secretary of Commerce, for their current two year charter, which ends in August 2018. Topics under discussion include optimizing the U.S. Government’s trade promotion programs, identifying market access barriers, pros and cons of existing trade agreements, and discussing foreign procurement policy, including issues with financing mechanisms, localization requirements and non-tariff barriers. The ETTAC’s subcommittees are: Trade Promotion and Export Market Development, Professional Services and Infrastructure Advancement, and Trade Policy and American Competitiveness. Background: The ETTAC is mandated by Section 2313(c) of the Export Enhancement Act of 1988, as amended, 15 U.S.C. 4728(c), to advise the Environmental Trade Working Group of the Trade Promotion Coordinating VerDate Sep<11>2014 19:42 Apr 13, 2018 Jkt 244001 Committee, through the Secretary of Commerce, on the development and administration of programs to expand U.S. exports of environmental technologies, goods, services, and products. The ETTAC was originally chartered in May of 1994. It was most recently re-chartered until August 2018. Dated: April 10, 2018. Man Cho, Deputy Director, Office of Energy and Environmental Industries. [FR Doc. 2018–07861 Filed 4–13–18; 8:45 am] BILLING CODE 3510–DR–P DEPARTMENT OF COMMERCE International Trade Administration [A–441–801] Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel From Switzerland: Final Determination of Sales at Less Than Fair Value Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that certain cold-drawn mechanical tubing of carbon and alloy steel (cold-drawn mechanical tubing) from Switzerland is being, or is likely to be, sold in the United States at less than fair value (LTFV). The final estimated weighted-average dumping margins of sales at LTFV are listed below in the section entitled ‘‘Final Determination.’’ The period of investigation (POI) is April 1, 2016, through March 31, 2017. DATES: Applicable April 16, 2018. FOR FURTHER INFORMATION CONTACT: Laurel LaCivita, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4243. SUPPLEMENTARY INFORMATION: AGENCY: Background On November 22, 2017, Commerce published the Preliminary Determination of sales at LTFV of colddrawn mechanical tubing from Switzerland,1 and on January 3, 2018, 1 See Cold-Drawn Mechanical Tubing from Switzerland: Preliminary Affirmative Determination of Sales at Less Than Fair Value and Postponement of Final Determination, and Extension of Provisional Measures, 82 FR 55571 (November 22, 2017) (Preliminary Determination) and accompanying memorandum, ‘‘Decision Memorandum for the Preliminary Determination in the Less-Than-Fair-Value Investigation of ColdDrawn Mechanical Tubing of Carbon and Alloy Steel from Switzerland’’ (Preliminary Decision PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 16293 we published an Amended Preliminary Determination.2 The petitioners in this investigation are ArcelorMittal Tubular Products, Michigan Seamless Tube, LLC, Plymouth Tube Co. USA, PTC Alliance Corp., Webco Industries, Inc. and Zekelman Industries, Inc. (collectively, the petitioners). The mandatory respondents in this investigation are Benteler Rothrist AG (Benteler Rothrist) and Mubea ¨ Prazisionsstahlrohr AG (MPST) and Mubea Inc. (collectively, Mubea). A complete summary of the events that occurred since Commerce published the Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination, may be found in the Issues and Decision Memorandum.3 The Issues and Decision Memorandum is a public document and is available electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). Access is available to registered users at https:// access.trade.gov and to all parties in the Central Records Unit, Room B–8024 of Commerce’s main building. In addition, a complete version of the Issues and Decision Memorandum can be accessed at http://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and electronic version are identical in content. Memorandum). See also Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from Switzerland: Amended Preliminary Determination of Sales at Less Than Fair Value, 82 FR 346 (January 3, 2018) (Amended Preliminary Determination); Memorandum, ‘‘Analysis Memorandum for the Amended Preliminary Determination of the Antidumping Duty Investigation of Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel (Cold Drawn Mechanical Tubing) from Switzerland: Benteler Rothrist AG (Benteler Rothrist),’’ dated December 21, 2017 (Benteler Rothrist’s Ministerial Error Memorandum); and, Memorandum, ‘‘Antidumping Duty Investigation of Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from Switzerland: Ministerial Error Allegations in the Preliminary Determination,’’ dated December 21, 2017 (Mubea’s Ministerial Error Memorandum). 2 See Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from Switzerland: Amended Preliminary Determination of Sales at Less Than Fair Value, 82 FR 346 (January 3, 2018) (Amended Preliminary Determination); Memorandum, ‘‘Antidumping Duty Investigation of Certain ColdDrawn Mechanical Tubing of Carbon and Alloy Steel from Switzerland: Ministerial Error Allegations in the Preliminary Determination,’’ dated December 21, 2017 (Ministerial Error Memorandum). 3 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Determination in the Antidumping Duty Investigation of Certain ColdDrawn Mechanical Tubing of Carbon and Alloy Steel from Switzerland of Switzerland,’’ dated concurrently with this determination and hereby adopted by this notice (Issues and Decision Memorandum). E:\FR\FM\16APN1.SGM 16APN1 16294 Federal Register / Vol. 83, No. 73 / Monday, April 16, 2018 / Notices Scope of the Investigation The product covered by this investigation is cold-drawn mechanical tubing from Switzerland. Commerce did not receive any scope comments subsequent to the Preliminary Determination and, therefore, the scope has not been updated since the Preliminary Determination. See Appendix I of this notice. Period of Investigation The POI is April 1, 2016, through March 31, 2017. Verification As provided in section 782(i) of the Tariff Act of 1930, as amended (the Act), Commerce verified the sales and cost data reported by Benteler Rothrist and Mubea for use in our final determination. We used standard verification procedures, including an examination of relevant accounting and production records, and original source documents provided by the respondents. Analysis of Comments Received All issues raised in the case briefs and rebuttal briefs submitted by interested parties in this proceeding are discussed in the Issues and Decision Memorandum. A list of the issues raised by parties and responded to by Commerce in the Issues and Decision Memorandum is attached at Appendix II. srobinson on DSK3G9T082PROD with NOTICES Changes Since the Preliminary Determination Based on our analysis of the comments received and our findings at verification, we made certain changes to the margin calculations for AKP and LG Chem since the Preliminary Determination. These changes are discussed in the ‘‘Margin Calculations’’ section of the Issues and Decision Memorandum. All-Others Rate In accordance with section 735(c)(1)(B)(i)(I) of the Act, Commerce calculated a dumping margin for the individually investigated exporters/ producers of the subject merchandise. Consistent with sections 735(c)(1)(B)(i)(II) and 735(c)(5) of the Act, Commerce also calculated an estimated ‘‘all-others’’ rate for exporters and producers not individually investigated. Section 735(c)(5)(A) of the Act provides that the ‘‘all-others’’ rate shall be an amount equal to the weighted average of the estimated weighted-average dumping margins established for individually investigated exporters and producers, excluding any VerDate Sep<11>2014 19:42 Apr 13, 2018 Jkt 244001 margins that are zero or de minimis or any margins determined entirely under section 776 of the Act. We calculated the all-others rate using a weighted average of the dumping margins calculated for the mandatory respondents using each company’s publicly-ranged values for the merchandise under consideration, pursuant to section 735(c)(5)(A) of the Act, as referenced in the ‘‘Final Determination’’ section below.4 entered, or withdrawn from warehouse, for consumption on or after November 22, 2017, the date of publication of the Preliminary Determination of this investigation in the Federal Register. Furthermore, pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 351.210(d), Commerce will instruct CBP to require a cash deposit for such entries of merchandise equal to the estimated weighted-average dumping margin or the estimated all-others rate, as follows: (1) The cash deposit rate for the Final Determination Margins respondents listed above will be equal The weighted-average dumping to the respondent-specific estimated margins are as follows: weighted-average dumping margin determined in this final determination; Weighted(2) if the exporter is not a respondent average Exporter/producer identified above but the producer is, margins then the cash deposit rate will be equal (percent) to the respondent-specific estimated Benteler Rothrist AG weighted-average dumping margin (Benteler Rothrist) ............. 12.50 established for that producer of the ¨ Mubea Prazisionsstahlrohr subject merchandise; and (3) the cash AG (MPST) ....................... 30.48 deposit rate for all other producers and All-Others .............................. 13.55 exporters will be equal to the all-others estimated weighted-average dumping Disclosure margin. We will disclose the calculations International Trade Commission performed within five days of any Notification public announcement of this notice in In accordance with section 735(d) of accordance with 19 CFR 351.224(b). the Act, we will notify the International Continuation of Suspension of Trade Commission (ITC) of the final Liquidation affirmative determination of sales at In accordance with section LTFV. Because the final determination 735(c)(1)(B) of the Act, we will instruct in this proceeding is affirmative, in U.S. Customs and Border Protection accordance with section 735(b)(2) of the (CBP) to continue the suspension of Act, the ITC will make its final liquidation of all appropriate entries of determination as to whether the cold-drawn mechanical tubing from domestic industry in the United States Switzerland, as described in Appendix is materially injured, or threatened with I of this notice, which were entered, or material injury, by reason of imports, or withdrawn from warehouse, for sales (or the likelihood of sales) for consumption on or after November 22, importation of cold-drawn mechanical 2017, the date of publication of the tubing from Switzerland no later than Preliminary Determination of this 45 days after our final determination. If investigation in the Federal Register. the ITC determines that material injury Further, Commerce will instruct CBP to or threat of material injury does not require a cash deposit equal to the exist, the proceeding will be terminated estimated amount by which the normal and all cash deposits will be refunded. value exceeds the U.S. price as shown If the ITC determines that such injury above. does exist, Commerce will issue an In accordance with section 733(e)(2) antidumping duty order directing CBP of the Act, for this final determination, to assess, upon further instruction by Commerce will instruct U.S. Customs Commerce, antidumping duties on all and Border Protection (CBP) to suspend imports of the subject merchandise liquidation of all entries of cold-drawn entered, or withdrawn from warehouse, mechanical tubing from Switzerland, as for consumption on or after the effective described in the Appendix I to this date of the suspension of liquidation. notice, produced or exported by LDC and ‘‘all other’’ exporters and producers Notification Regarding Administrative not individually examined, which were Protective Orders This notice serves as the only 4 See memorandum to the file, ‘‘Certain Coldreminder to parties subject to an Drawn Mechanical Tubing of Carbon and Alloy administrative protective order (APO) of Steel from Switzerland from the Republic of their responsibility concerning the Switzerland: Calculation of All—Others’ Rate in the disposition of proprietary information Final Determination,’’ dated concurrently with this notice. disclosed under APO in accordance PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\16APN1.SGM 16APN1 Federal Register / Vol. 83, No. 73 / Monday, April 16, 2018 / Notices with 19 CFR 351.305(a)(3). Timely notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a violation subject to sanction. Notification to Interested Parties We are issuing and publishing this determination and notice in accordance with sections 735(d) and 777(i) of the Act and 19 CFR 351.210(c). Dated: April 9, 2018. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. srobinson on DSK3G9T082PROD with NOTICES Appendix I Scope of the Investigation The scope of this investigation covers colddrawn mechanical tubing of carbon and alloy steel (cold-drawn mechanical tubing) of circular cross-section, 304.8 mm or more in length, in actual outside diameters less than 331 mm, and regardless of wall thickness, surface finish, end finish or industry specification. The subject cold-drawn mechanical tubing is a tubular product with a circular cross-sectional shape that has been cold-drawn or otherwise cold-finished after the initial tube formation in a manner that involves a change in the diameter or wall thickness of the tubing, or both. The subject cold-drawn mechanical tubing may be produced from either welded (e.g., electric resistance welded, continuous welded, etc.) or seamless (e.g., pierced, pilgered or extruded, etc.) carbon or alloy steel tubular products. It may also be heat treated after cold working. Such heat treatments may include, but are not limited to, annealing, normalizing, quenching and tempering, stress relieving or finish annealing. Typical colddrawing methods for subject merchandise include, but are not limited to, drawing over mandrel, rod drawing, plug drawing, sink drawing and similar processes that involve reducing the outside diameter of the tubing with a die or similar device, whether or not controlling the inside diameter of the tubing with an internal support device such as a mandrel, rod, plug or similar device. Other cold-finishing operations that may be used to produce subject merchandise include coldrolling and cold-sizing the tubing. Subject cold-drawn mechanical tubing is typically certified to meet industry specifications for cold-drawn tubing including but not limited to: (1) American Society for Testing and Materials (ASTM) or American Society of Mechanical Engineers (ASME) specifications ASTM A–512, ASTM A–513 Type 3 (ASME SA513 Type 3), ASTM A–513 Type 4 (ASME SA513 Type 4), ASTM A–513 Type 5 (ASME SA513 Type 5), ASTM A–513 Type 6 (ASME SA513 Type 6), ASTM A–519 (cold-finished); (2) SAE International (Society of Automotive Engineers) specifications SAE VerDate Sep<11>2014 19:42 Apr 13, 2018 Jkt 244001 J524, SAE J525, SAE J2833, SAE J2614, SAE J2467, SAE J2435, SAE J2613; (3) Aerospace Material Specification (AMS) AMS T–6736 (AMS 6736), AMS 6371, AMS 5050, AMS 5075, AMS 5062, AMS 6360, AMS 6361, AMS 6362, AMS 6371, AMS 6372, AMS 6374, AMS 6381, AMS 6415; (4) United States Military Standards (MIL) MIL–T–5066 and MIL–T–6736; (5) foreign standards equivalent to one of the previously listed ASTM, ASME, SAE, AMS or MIL specifications including but not limited to: (a) German Institute for Standardization (DIN) specifications DIN 2391–2, DIN 2393– 2, DIN 2394–2); (b) European Standards (EN) EN 10305–1, EN 10305–2, EN 10305–4, EN 10305–6 and European national variations on those standards (e.g., British Standard (BS EN), Irish Standard (IS EN) and German Standard (DIN EN) variations, etc.); (c) Japanese Industrial Standard (JIS) JIS G 3441 and JIS G 3445; and (6) proprietary standards that are based on one of the above-listed standards. The subject cold-drawn mechanical tubing may also be dual or multiple certified to more than one standard. Pipe that is multiple certified as cold-drawn mechanical tubing and to other specifications not covered by this scope, is also covered by the scope of this investigation when it meets the physical description set forth above. Steel products included in the scope of this investigation are products in which: (1) Iron predominates, by weight, over each of the other contained elements; and (2) the carbon content is 2 percent or less by weight. For purposes of this scope, the place of cold-drawing determines the country of origin of the subject merchandise. Subject merchandise that is subject to minor working in a third country that occurs after drawing in one of the subject countries including, but not limited to, heat treatment, cutting to length, straightening, nondestruction testing, deburring or chamfering, remains within the scope of the investigation. All products that meet the written physical description are within the scope of this investigation unless specifically excluded or covered by the scope of an existing order. Merchandise that meets the physical description of cold-drawn mechanical tubing above is within the scope of the investigations even if it is also dual or multiple certified to an otherwise excluded specification listed below. The following products are outside of, and/or specifically excluded from, the scope of this investigation: (1) cold-drawn stainless steel tubing, containing 10.5 percent or more of chromium by weight and not more than 1.2 percent of carbon by weight; (2) products certified to one or more of the ASTM, ASME or American Petroleum Institute (API) specifications listed below: • ASTM A–53; • ASTM A–106; • ASTM A–179 (ASME SA 179); • ASTM A–192 (ASME SA 192); • ASTM A–209 (ASME SA 209); • ASTM A–210 (ASME SA 210); • ASTM A–213 (ASME SA 213); PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 • • • • • • • • • • 16295 ASTM A–334 (ASME SA 334); ASTM A–423 (ASME SA 423); ASTM A–498; ASTM A–496 (ASME SA 496); ASTM A–199; ASTM A–500; ASTM A–556; ASTM A–565; API 5L; and API 5CT except that any cold-drawn tubing product certified to one of the above excluded specifications will not be excluded from the scope if it is also dual- or multiple-certified to any other specification that otherwise would fall within the scope of this investigation. The products subject to the investigations are currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under item numbers: 7304.31.3000, 7304.31.6050, 7304.51.1000, 7304.51.5005, 7304.51.5060, 7306.30.5015, 7306.30.5020, 7306.50.5030. Subject merchandise may also enter under numbers 7306.30.1000 and 7306.50.1000. The HTSUS subheadings above are provided for convenience and customs purposes only. The written description of the scope of the investigation is dispositive. Appendix II List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Investigation IV. Changes Since the Preliminary Determination V. Discussion of the Issues Comment 1: The Inclusion of Sample Sales in Benteler Rothrist’s Margin Calculation Comment 2: Identification of Missing Information for Certain of Benteler Rothrist’s U.S. and Comparison Market Sales Comment 3: Use of the Average-to-Average Methodology for Benteler Rothrist’s Margin Calculation Comment 4: Margin Offsets for Section 232 Duties Comment 5: Mubea’s Reported Date of Sale in the Third-Country Comment 6: Application of AFA to Mubea for the Cohen’s d Test Due to Inaccurate Reporting of Customer Locations Comment 7: Commerce Should Calculate the Margin Based on Transfer Prices From MPST in Switzerland to Mubea, Inc. in the United States Comment 8: Mubea’s Startup Adjustment for the U.S. Further Manufacturing Operations Comment 9: Calculation of Mubea, Inc.’s General and Administrative Expense for Further Manufacturing in the United States Comment 10: Unreconciled Difference in Reconciliation Between Financial Records and the Reported Cost Database for Mubea Comment 11: Revisions and Minor Corrections to Mubea’s Response E:\FR\FM\16APN1.SGM 16APN1 16296 Federal Register / Vol. 83, No. 73 / Monday, April 16, 2018 / Notices VI. Recommendation [FR Doc. 2018–07853 Filed 4–13–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–533–873] Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel From India: Final Affirmative Determination of Sales at Less than Fair Value Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that imports of certain cold-drawn mechanical tubing of carbon and alloy steel (cold-drawn mechanical tubing) from India are being, or are likely to be, sold in the United States at less than fair value (LTFV) during the period of investigation (POI) April 1, 2016, through March 31, 2017. DATES: Effective Date: April 16, 2018. FOR FURTHER INFORMATION CONTACT: Susan Pulongbarit or Omar Qureshi, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4031 or (202) 482–5307, respectively. SUPPLEMENTARY INFORMATION: AGENCY: srobinson on DSK3G9T082PROD with NOTICES Background On November 22, 2017, Commerce published in the Federal Register the preliminary affirmative determination of sales at LTFV in the antidumping duty (AD) investigation of cold-drawn mechanical tubing from India.1 On January 9, 2018, Commerce published the Amended Preliminary Determination in the Federal Register.2 Commerce invited comments from interested parties on the Preliminary Determination.3 The petitioners, ArcelorMittal Tubular Products, Michigan Seamless Tube, LLC, Plymouth Tube Co. USA, PTC Alliance Corp., Webco Industries, Inc., and 1 See Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from India: Preliminary Affirmative Determination of Sales at Less than Fair Value, in Part, Postponement of Final Determination, and Extension of Provisional Measures, 82 FR 55567 (Preliminary Determination). 2 See Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from India: Amended Preliminary Determination of Sales at Less than Fair Value, 83 FR 1021 (Amended Preliminary Determination). 3 See Memorandum, ‘‘Antidumping Investigation of Cold-Drawn Mechanical Tubing from India: Case Brief Schedule,’’ February 8, 2018. VerDate Sep<11>2014 19:42 Apr 13, 2018 Jkt 244001 Zekelman Industries, Inc. (collectively, the petitioners), and the two mandatory respondents, Goodluck India Limited (Goodluck), and Tube Products of India, Ltd. a unit of Tube Investments of India Limited (collectively, TPI) filed case and rebuttal briefs. Commerce exercised its discretion to toll all deadlines affected by the closure of the Federal Government from January 20 through 22, 2018. As a result, the revised deadline for the final determination of this investigation is now April 9, 2018.4 A summary of the events that occurred since Commerce published the Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination, may be found in the accompanying Issues and Decision Memorandum.5 The Issues and Decision Memorandum is a public document, and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http:// access.trade.gov, and to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. Scope of the Investigation The product covered by this investigation is cold-drawn mechanical tubing from India. For a complete description of the scope of this investigation, see Appendix I. Scope Comments Certain interested parties commented on the scope of the investigation as it appeared in the Preliminary Scope Decision Memorandum.6 On December 4 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. 5 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Affirmative Determination in the Less-than-Fair-Value Investigation of Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from India,’’ dated concurrently with this determination and hereby adopted by this notice (Issues and Decision Memorandum or IDM). 6 See Memorandum, ‘‘Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from the Federal Republic of Germany, India, Italy, the Republic of Korea, the People’s Republic of China, and Switzerland: Scope Comments Decision PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 4, 2017, the petitioners withdrew a portion of their comments regarding the scope language.7 Commerce addressed all scope comments received in the Final Scope Decision Memorandum.8 Period of Investigation The POI is April 1, 2016, through March 31, 2017. Verification As provided in section 782(i) of the Tariff Act of 1930, as amended (the Act), between November and December 2017, Commerce conduced a verification of the sales and cost data reported by Goodluck and TPI. We used standard verification procedures, including an examination of relevant accounting and production records, and original source documents provided by the respondents. Analysis of Comments Received All issues raised in the case and rebuttal briefs that were submitted by interested parties in this investigation are addressed in the Issues and Decision Memorandum. A list of these issues is attached to this notice at Appendix II. Use of Facts Available and Adverse Facts Available For purposes of this final determination, Commerce determined Goodluck’s margin on the basis of facts available with adverse inferences, pursuant to sections 776(a)(1), 776(a)(2)(B)–(C), and 776(b) of the Act. For further information, see the Issues and Decision Memorandum. Changes Since the Preliminary Determination Based on our analysis of the comments received and our findings at verification, we made certain changes to the margin calculations. For a discussion of these changes, see the Issues and Decision Memorandum. All-Others Rate Sections 735(c)(1)(B)(i)(II) and 735(c)(5) of the Act provide that in the final determination Commerce shall determine an estimated all-others rate for all exporters and producers not Memorandum for the Preliminary Determinations,’’ dated November 15, 2017 (Preliminary Scope Decision Memorandum). 7 See the petitioners’ letter, ‘‘Certain Cold-Drawn Mechanical Tubing from Germany et al.—EN– 10305–3,’’ dated December 4, 2017. 8 See Memorandum, ‘‘Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from the Federal Republic of Germany, India, Italy, the Republic of Korea, the People’s Republic of China, and Switzerland: Scope Decision Memorandum for the Final Determinations: Final Scope Decision Memorandum,’’ dated December 4, 2017 (Final Scope Decision Memorandum). E:\FR\FM\16APN1.SGM 16APN1

Agencies

[Federal Register Volume 83, Number 73 (Monday, April 16, 2018)]
[Notices]
[Pages 16293-16296]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07853]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-441-801]


Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel 
From Switzerland: Final Determination of Sales at Less Than Fair Value

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) determines that certain 
cold-drawn mechanical tubing of carbon and alloy steel (cold-drawn 
mechanical tubing) from Switzerland is being, or is likely to be, sold 
in the United States at less than fair value (LTFV). The final 
estimated weighted-average dumping margins of sales at LTFV are listed 
below in the section entitled ``Final Determination.'' The period of 
investigation (POI) is April 1, 2016, through March 31, 2017.

DATES: Applicable April 16, 2018.

FOR FURTHER INFORMATION CONTACT: Laurel LaCivita, AD/CVD Operations, 
Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4243.

SUPPLEMENTARY INFORMATION: 

Background

    On November 22, 2017, Commerce published the Preliminary 
Determination of sales at LTFV of cold-drawn mechanical tubing from 
Switzerland,\1\ and on January 3, 2018, we published an Amended 
Preliminary Determination.\2\ The petitioners in this investigation are 
ArcelorMittal Tubular Products, Michigan Seamless Tube, LLC, Plymouth 
Tube Co. USA, PTC Alliance Corp., Webco Industries, Inc. and Zekelman 
Industries, Inc. (collectively, the petitioners). The mandatory 
respondents in this investigation are Benteler Rothrist AG (Benteler 
Rothrist) and Mubea Pr[auml]zisionsstahlrohr AG (MPST) and Mubea Inc. 
(collectively, Mubea). A complete summary of the events that occurred 
since Commerce published the Preliminary Determination, as well as a 
full discussion of the issues raised by parties for this final 
determination, may be found in the Issues and Decision Memorandum.\3\
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    \1\ See Cold-Drawn Mechanical Tubing from Switzerland: 
Preliminary Affirmative Determination of Sales at Less Than Fair 
Value and Postponement of Final Determination, and Extension of 
Provisional Measures, 82 FR 55571 (November 22, 2017) (Preliminary 
Determination) and accompanying memorandum, ``Decision Memorandum 
for the Preliminary Determination in the Less-Than-Fair-Value 
Investigation of Cold-Drawn Mechanical Tubing of Carbon and Alloy 
Steel from Switzerland'' (Preliminary Decision Memorandum). See also 
Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from 
Switzerland: Amended Preliminary Determination of Sales at Less Than 
Fair Value, 82 FR 346 (January 3, 2018) (Amended Preliminary 
Determination); Memorandum, ``Analysis Memorandum for the Amended 
Preliminary Determination of the Antidumping Duty Investigation of 
Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel (Cold 
Drawn Mechanical Tubing) from Switzerland: Benteler Rothrist AG 
(Benteler Rothrist),'' dated December 21, 2017 (Benteler Rothrist's 
Ministerial Error Memorandum); and, Memorandum, ``Antidumping Duty 
Investigation of Certain Cold-Drawn Mechanical Tubing of Carbon and 
Alloy Steel from Switzerland: Ministerial Error Allegations in the 
Preliminary Determination,'' dated December 21, 2017 (Mubea's 
Ministerial Error Memorandum).
    \2\ See Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy 
Steel from Switzerland: Amended Preliminary Determination of Sales 
at Less Than Fair Value, 82 FR 346 (January 3, 2018) (Amended 
Preliminary Determination); Memorandum, ``Antidumping Duty 
Investigation of Certain Cold-Drawn Mechanical Tubing of Carbon and 
Alloy Steel from Switzerland: Ministerial Error Allegations in the 
Preliminary Determination,'' dated December 21, 2017 (Ministerial 
Error Memorandum).
    \3\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Determination in the Antidumping Duty Investigation of Certain 
Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from 
Switzerland of Switzerland,'' dated concurrently with this 
determination and hereby adopted by this notice (Issues and Decision 
Memorandum).
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    The Issues and Decision Memorandum is a public document and is 
available electronically via Enforcement and Compliance's Antidumping 
and Countervailing Duty Centralized Electronic Service System (ACCESS). 
Access is available to registered users at https://access.trade.gov and 
to all parties in the Central Records Unit, Room B-8024 of Commerce's 
main building. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed at http://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and electronic version 
are identical in content.

[[Page 16294]]

Scope of the Investigation

    The product covered by this investigation is cold-drawn mechanical 
tubing from Switzerland. Commerce did not receive any scope comments 
subsequent to the Preliminary Determination and, therefore, the scope 
has not been updated since the Preliminary Determination. See Appendix 
I of this notice.

Period of Investigation

    The POI is April 1, 2016, through March 31, 2017.

Verification

    As provided in section 782(i) of the Tariff Act of 1930, as amended 
(the Act), Commerce verified the sales and cost data reported by 
Benteler Rothrist and Mubea for use in our final determination. We used 
standard verification procedures, including an examination of relevant 
accounting and production records, and original source documents 
provided by the respondents.

Analysis of Comments Received

    All issues raised in the case briefs and rebuttal briefs submitted 
by interested parties in this proceeding are discussed in the Issues 
and Decision Memorandum. A list of the issues raised by parties and 
responded to by Commerce in the Issues and Decision Memorandum is 
attached at Appendix II.

Changes Since the Preliminary Determination

    Based on our analysis of the comments received and our findings at 
verification, we made certain changes to the margin calculations for 
AKP and LG Chem since the Preliminary Determination. These changes are 
discussed in the ``Margin Calculations'' section of the Issues and 
Decision Memorandum.

All-Others Rate

    In accordance with section 735(c)(1)(B)(i)(I) of the Act, Commerce 
calculated a dumping margin for the individually investigated 
exporters/producers of the subject merchandise. Consistent with 
sections 735(c)(1)(B)(i)(II) and 735(c)(5) of the Act, Commerce also 
calculated an estimated ``all-others'' rate for exporters and producers 
not individually investigated. Section 735(c)(5)(A) of the Act provides 
that the ``all-others'' rate shall be an amount equal to the weighted 
average of the estimated weighted-average dumping margins established 
for individually investigated exporters and producers, excluding any 
margins that are zero or de minimis or any margins determined entirely 
under section 776 of the Act. We calculated the all-others rate using a 
weighted average of the dumping margins calculated for the mandatory 
respondents using each company's publicly-ranged values for the 
merchandise under consideration, pursuant to section 735(c)(5)(A) of 
the Act, as referenced in the ``Final Determination'' section below.\4\
---------------------------------------------------------------------------

    \4\ See memorandum to the file, ``Certain Cold-Drawn Mechanical 
Tubing of Carbon and Alloy Steel from Switzerland from the Republic 
of Switzerland: Calculation of All--Others' Rate in the Final 
Determination,'' dated concurrently with this notice.
---------------------------------------------------------------------------

Final Determination Margins

    The weighted-average dumping margins are as follows:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                    Exporter/producer                         margins
                                                             (percent)
------------------------------------------------------------------------
Benteler Rothrist AG (Benteler Rothrist)................           12.50
Mubea Pr[auml]zisionsstahlrohr AG (MPST)................           30.48
All-Others..............................................           13.55
------------------------------------------------------------------------

Disclosure

    We will disclose the calculations performed within five days of any 
public announcement of this notice in accordance with 19 CFR 
351.224(b).

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we will 
instruct U.S. Customs and Border Protection (CBP) to continue the 
suspension of liquidation of all appropriate entries of cold-drawn 
mechanical tubing from Switzerland, as described in Appendix I of this 
notice, which were entered, or withdrawn from warehouse, for 
consumption on or after November 22, 2017, the date of publication of 
the Preliminary Determination of this investigation in the Federal 
Register. Further, Commerce will instruct CBP to require a cash deposit 
equal to the estimated amount by which the normal value exceeds the 
U.S. price as shown above.
    In accordance with section 733(e)(2) of the Act, for this final 
determination, Commerce will instruct U.S. Customs and Border 
Protection (CBP) to suspend liquidation of all entries of cold-drawn 
mechanical tubing from Switzerland, as described in the Appendix I to 
this notice, produced or exported by LDC and ``all other'' exporters 
and producers not individually examined, which were entered, or 
withdrawn from warehouse, for consumption on or after November 22, 
2017, the date of publication of the Preliminary Determination of this 
investigation in the Federal Register.
    Furthermore, pursuant to section 735(c)(1)(B)(ii) of the Act and 19 
CFR 351.210(d), Commerce will instruct CBP to require a cash deposit 
for such entries of merchandise equal to the estimated weighted-average 
dumping margin or the estimated all-others rate, as follows: (1) The 
cash deposit rate for the respondents listed above will be equal to the 
respondent-specific estimated weighted-average dumping margin 
determined in this final determination; (2) if the exporter is not a 
respondent identified above but the producer is, then the cash deposit 
rate will be equal to the respondent-specific estimated weighted-
average dumping margin established for that producer of the subject 
merchandise; and (3) the cash deposit rate for all other producers and 
exporters will be equal to the all-others estimated weighted-average 
dumping margin.

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify the 
International Trade Commission (ITC) of the final affirmative 
determination of sales at LTFV. Because the final determination in this 
proceeding is affirmative, in accordance with section 735(b)(2) of the 
Act, the ITC will make its final determination as to whether the 
domestic industry in the United States is materially injured, or 
threatened with material injury, by reason of imports, or sales (or the 
likelihood of sales) for importation of cold-drawn mechanical tubing 
from Switzerland no later than 45 days after our final determination. 
If the ITC determines that material injury or threat of material injury 
does not exist, the proceeding will be terminated and all cash deposits 
will be refunded. If the ITC determines that such injury does exist, 
Commerce will issue an antidumping duty order directing CBP to assess, 
upon further instruction by Commerce, antidumping duties on all imports 
of the subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation.

Notification Regarding Administrative Protective Orders

    This notice serves as the only reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance

[[Page 16295]]

with 19 CFR 351.305(a)(3). Timely notification of the return or 
destruction of APO materials or conversion to judicial protective order 
is hereby requested. Failure to comply with the regulations and the 
terms of an APO is a violation subject to sanction.

Notification to Interested Parties

    We are issuing and publishing this determination and notice in 
accordance with sections 735(d) and 777(i) of the Act and 19 CFR 
351.210(c).

    Dated: April 9, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The scope of this investigation covers cold-drawn mechanical 
tubing of carbon and alloy steel (cold-drawn mechanical tubing) of 
circular cross-section, 304.8 mm or more in length, in actual 
outside diameters less than 331 mm, and regardless of wall 
thickness, surface finish, end finish or industry specification. The 
subject cold-drawn mechanical tubing is a tubular product with a 
circular cross-sectional shape that has been cold-drawn or otherwise 
cold-finished after the initial tube formation in a manner that 
involves a change in the diameter or wall thickness of the tubing, 
or both. The subject cold-drawn mechanical tubing may be produced 
from either welded (e.g., electric resistance welded, continuous 
welded, etc.) or seamless (e.g., pierced, pilgered or extruded, 
etc.) carbon or alloy steel tubular products. It may also be heat 
treated after cold working. Such heat treatments may include, but 
are not limited to, annealing, normalizing, quenching and tempering, 
stress relieving or finish annealing. Typical cold-drawing methods 
for subject merchandise include, but are not limited to, drawing 
over mandrel, rod drawing, plug drawing, sink drawing and similar 
processes that involve reducing the outside diameter of the tubing 
with a die or similar device, whether or not controlling the inside 
diameter of the tubing with an internal support device such as a 
mandrel, rod, plug or similar device. Other cold-finishing 
operations that may be used to produce subject merchandise include 
cold-rolling and cold-sizing the tubing.
    Subject cold-drawn mechanical tubing is typically certified to 
meet industry specifications for cold-drawn tubing including but not 
limited to:
    (1) American Society for Testing and Materials (ASTM) or 
American Society of Mechanical Engineers (ASME) specifications ASTM 
A-512, ASTM A-513 Type 3 (ASME SA513 Type 3), ASTM A-513 Type 4 
(ASME SA513 Type 4), ASTM A-513 Type 5 (ASME SA513 Type 5), ASTM A-
513 Type 6 (ASME SA513 Type 6), ASTM A-519 (cold-finished);
    (2) SAE International (Society of Automotive Engineers) 
specifications SAE J524, SAE J525, SAE J2833, SAE J2614, SAE J2467, 
SAE J2435, SAE J2613;
    (3) Aerospace Material Specification (AMS) AMS T-6736 (AMS 
6736), AMS 6371, AMS 5050, AMS 5075, AMS 5062, AMS 6360, AMS 6361, 
AMS 6362, AMS 6371, AMS 6372, AMS 6374, AMS 6381, AMS 6415;
    (4) United States Military Standards (MIL) MIL-T-5066 and MIL-T-
6736;
    (5) foreign standards equivalent to one of the previously listed 
ASTM, ASME, SAE, AMS or MIL specifications including but not limited 
to:
    (a) German Institute for Standardization (DIN) specifications 
DIN 2391-2, DIN 2393-2, DIN 2394-2);
    (b) European Standards (EN) EN 10305-1, EN 10305-2, EN 10305-4, 
EN 10305-6 and European national variations on those standards 
(e.g., British Standard (BS EN), Irish Standard (IS EN) and German 
Standard (DIN EN) variations, etc.);
    (c) Japanese Industrial Standard (JIS) JIS G 3441 and JIS G 
3445; and
    (6) proprietary standards that are based on one of the above-
listed standards.
    The subject cold-drawn mechanical tubing may also be dual or 
multiple certified to more than one standard. Pipe that is multiple 
certified as cold-drawn mechanical tubing and to other 
specifications not covered by this scope, is also covered by the 
scope of this investigation when it meets the physical description 
set forth above.
    Steel products included in the scope of this investigation are 
products in which: (1) Iron predominates, by weight, over each of 
the other contained elements; and (2) the carbon content is 2 
percent or less by weight.
    For purposes of this scope, the place of cold-drawing determines 
the country of origin of the subject merchandise. Subject 
merchandise that is subject to minor working in a third country that 
occurs after drawing in one of the subject countries including, but 
not limited to, heat treatment, cutting to length, straightening, 
nondestruction testing, deburring or chamfering, remains within the 
scope of the investigation.
    All products that meet the written physical description are 
within the scope of this investigation unless specifically excluded 
or covered by the scope of an existing order. Merchandise that meets 
the physical description of cold-drawn mechanical tubing above is 
within the scope of the investigations even if it is also dual or 
multiple certified to an otherwise excluded specification listed 
below. The following products are outside of, and/or specifically 
excluded from, the scope of this investigation:
    (1) cold-drawn stainless steel tubing, containing 10.5 percent 
or more of chromium by weight and not more than 1.2 percent of 
carbon by weight;
    (2) products certified to one or more of the ASTM, ASME or 
American Petroleum Institute (API) specifications listed below:
     ASTM A-53;
     ASTM A-106;
     ASTM A-179 (ASME SA 179);
     ASTM A-192 (ASME SA 192);
     ASTM A-209 (ASME SA 209);
     ASTM A-210 (ASME SA 210);
     ASTM A-213 (ASME SA 213);
     ASTM A-334 (ASME SA 334);
     ASTM A-423 (ASME SA 423);
     ASTM A-498;
     ASTM A-496 (ASME SA 496);
     ASTM A-199;
     ASTM A-500;
     ASTM A-556;
     ASTM A-565;
     API 5L; and
     API 5CT

except that any cold-drawn tubing product certified to one of the 
above excluded specifications will not be excluded from the scope if 
it is also dual- or multiple-certified to any other specification 
that otherwise would fall within the scope of this investigation.
    The products subject to the investigations are currently 
classified in the Harmonized Tariff Schedule of the United States 
(HTSUS) under item numbers: 7304.31.3000, 7304.31.6050, 
7304.51.1000, 7304.51.5005, 7304.51.5060, 7306.30.5015, 
7306.30.5020, 7306.50.5030. Subject merchandise may also enter under 
numbers 7306.30.1000 and 7306.50.1000. The HTSUS subheadings above 
are provided for convenience and customs purposes only. The written 
description of the scope of the investigation is dispositive.

Appendix II

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Investigation
IV. Changes Since the Preliminary Determination
V. Discussion of the Issues
    Comment 1: The Inclusion of Sample Sales in Benteler Rothrist's 
Margin Calculation
    Comment 2: Identification of Missing Information for Certain of 
Benteler Rothrist's U.S. and Comparison Market Sales
    Comment 3: Use of the Average-to-Average Methodology for 
Benteler Rothrist's Margin Calculation
    Comment 4: Margin Offsets for Section 232 Duties
    Comment 5: Mubea's Reported Date of Sale in the Third-Country
    Comment 6: Application of AFA to Mubea for the Cohen's d Test 
Due to Inaccurate Reporting of Customer Locations
    Comment 7: Commerce Should Calculate the Margin Based on 
Transfer Prices From MPST in Switzerland to Mubea, Inc. in the 
United States
    Comment 8: Mubea's Startup Adjustment for the U.S. Further 
Manufacturing Operations
    Comment 9: Calculation of Mubea, Inc.'s General and 
Administrative Expense for Further Manufacturing in the United 
States
    Comment 10: Unreconciled Difference in Reconciliation Between 
Financial Records and the Reported Cost Database for Mubea
    Comment 11: Revisions and Minor Corrections to Mubea's Response

[[Page 16296]]

VI. Recommendation

[FR Doc. 2018-07853 Filed 4-13-18; 8:45 am]
 BILLING CODE 3510-DS-P