Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel From the People's Republic of China, the Federal Republic of Germany, India, Italy, the Republic of Korea, and Switzerland: Antidumping Duty Orders; and Amended Final Determinations of Sales at Less Than Fair Value for the People's Republic of China and Switzerland, 26962-26966 [2018-12593]

Download as PDF 26962 Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Notices and ASTM specifications are provided for convenience and customs purposes, the written description of the scope is dispositive. daltland on DSKBBV9HB2PROD with NOTICES mechanical tubing from China, Germany, India, Italy, Korea, and Switzerland on April 16, 2018.1 In addition, Commerce made affirmative [FR Doc. 2018–12482 Filed 6–8–18; 8:45 am] determinations of critical circumstances BILLING CODE 3510–DS–P with respect to China and Italy, in part, and with respect to Korea, pursuant to section 735(a)(3) of the Act, and 19 CFR DEPARTMENT OF COMMERCE 351.206.2 Commerce received numerous International Trade Administration ministerial error allegations and [A–570–058, A–428–845, A–533–873, A–475– comments in the various investigations. 838, A–580–892, A–441–801] A ministerial error is defined as an error in addition, subtraction, or other Certain Cold-Drawn Mechanical Tubing arithmetic function, clerical error of Carbon and Alloy Steel From the resulting from inaccurate copying, People’s Republic of China, the duplication, or the like, and any other Federal Republic of Germany, India, similar type of unintentional error Italy, the Republic of Korea, and which the Secretary considers Switzerland: Antidumping Duty ministerial.3 Orders; and Amended Final On April 17, 2018, Goodluck India Determinations of Sales at Less Than Limited (Goodluck) alleged that Fair Value for the People’s Republic of Commerce made a ministerial error in China and Switzerland the India Final.4 However, we find that the alleged error is methodological, AGENCY: Enforcement and Compliance, rather than ministerial, in nature.5 International Trade Administration, On April 23, 2018, the petitioners 6 Department of Commerce. alleged that Commerce made certain SUMMARY: Based on affirmative final determinations by the Department of 1 See Certain Cold-Drawn Mechanical Tubing of Commerce (Commerce) and the Carbon and Alloy Steel from the People’s Republic International Trade Commission (the of China: Affirmative Final Determination of Sales ITC), Commerce is issuing antidumping at Less-Than-Fair Value and Final Determination of Critical Circumstances, in Part, 83 FR 16322 (April duty orders on certain cold-drawn 16, 2018) (China Final); Certain Cold-Drawn mechanical tubing of carbon and alloy Mechanical Tubing of Carbon and Alloy Steel from the Federal Republic of Germany: Final Affirmative steel (cold-drawn mechanical tubing) Determination of Sales at Less Than Fair Value, 83 from the People’s Republic of China FR 16326 (April 16, 2018) (Germany Final); Certain (China), the Federal Republic of Cold-Drawn Mechanical Tubing of Carbon and Germany (Germany), India, Italy, the Alloy Steel from India: Final Affirmative Determination of Sales at Less than Fair Value, 83 Republic of Korea (Korea), and FR 16296 (April 16, 2018) (India Final); Certain Switzerland. In addition, Commerce is Cold-Drawn Mechanical Tubing of Carbon and amending its final determination of Alloy Steel from Italy: Final Determination of Sales sales at less than fair value (LTFV) for at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, in Part, 83 China and Switzerland as a result of FR 16289 (April 16, 2018) (Italy Final); Certain ministerial errors. Cold-Drawn Mechanical Tubing of Carbon and DATES: Applicable June 11, 2018. Alloy Steel from the Republic of Korea: Final FOR FURTHER INFORMATION CONTACT: Paul Affirmative Determination of Sales at Less Than of Stolz at (202) 482–4474 or Keith Haynes Fair Value, Final Affirmative Determination16, Critical Circumstances, 83 FR 16319 (April at (202) 482–5139 (China), Frances 2018) (Korea Final); Certain Cold-Drawn Veith at (202) 482–4295 (Germany), Mechanical Tubing of Carbon and Alloy Steel from Switzerland: Final Determination of Sales at Less Susan Pulongbarit at (202) 482–4031 or Omar Qureshi at (202) 482–5307 (India), Than Fair Value, 83 FR 16293 (April 16, 2018) (Switzerland Final). Carrie Bethea at (202) 482–1491 (Italy), 2 See China Final, 83 FR at 16322; Italy Final, 83 Annathea Cook at (202) 482–0250 FR at 16290; and Korea Final, 83 FR at 16320. 3 See section 735(e) of the Act and 19 CFR (Korea), and Laurel LaCivita at (202) 351.224(f). 482–4243 (Switzerland), AD/CVD 4 See Goodluck’s letter, ‘‘Goodluck’s Final Operations, Enforcement and Determination Ministerial Error Comments: Compliance, U.S. Department of Antidumping Duty Investigation on Certain ColdCommerce, 1401 Constitution Avenue Drawn Mechanical Tubing of Carbon and Alloy Steel from India (A–533–873),’’ dated April 17, NW, Washington, DC 20230. 2018 (Goodluck’s Allegation). SUPPLEMENTARY INFORMATION: 5 Background In accordance with sections 735(a), 735(d), and 777(i)(1) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.210(c), Commerce published its affirmative final determinations in the LTFV investigations of cold-drawn VerDate Sep<11>2014 19:19 Jun 08, 2018 Jkt 244001 See Memorandum, ‘‘Antidumping Duty Investigation of Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from India: Ministerial Error Allegation Memorandum,’’ dated May 16, 2018. 6 ArcelorMittal Tubular Products, Michigan Seamless Tube, LLC, Plymouth Tube Co. USA, PTC Alliance Corp., Webco Industries, Inc., and Zekelman Industries, Inc. (collectively, the petitioners). PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 ministerial errors in the Germany Final with respect to Benteler Steel/Tube GmbH (Benteler), Salzgitter Mannesmann Line Pipe GmbH (Salzgitter Line Pipe) and Salzgitter Mannesmann Precision GmbH (Salzgitter Precision).7 On April 30, 2018, Benteler submitted rebuttal comments to the petitioners’ allegation.8 Neither Salzgitter Line Pipe nor Salzgitter Precision submitted rebuttal comments. However, we find that the alleged errors regarding our Final Determination with respect to Benteler’s margin calculation and our treatment of Salzgitter Line Pipe, Salzgitter Precision, or any other Salzgitter company are methodological, rather than ministerial, in nature.9 On April 23, 2018, Benteler Rothrist AG (Benteler Rothrist) alleged that Commerce made certain ministerial errors in the Switzerland Final.10 On April 30, 2018, the petitioners submitted rebuttal comments to Benteler Rothrist’s allegation.11 See the ‘‘Amendment to Switzerland Final’’ section below for further information. On April 24, 2018, the petitioners alleged that Commerce made certain ministerial errors in the China Final with respect to Zhangjiagang Huacheng Import & Export Co., Ltd. (Huacheng).12 On April 30, 2018, Huacheng submitted rebuttal comments to the petitioners’ allegation.13 See the ‘‘Amendment to 7 See the petitioners’ letter, ‘‘Cold-Drawn Mechanical Tubing from Germany—Petitioners’ Ministerial Error Allegations Regarding BENTELER Steel/Tube GmbH,’’ dated April 23, 2018 (Petitioners’ Allegation regarding Benteler); the petitioners’ letter, ‘‘Cold-Drawn Mechanical Tubing from Germany—Petitioners’ Ministerial Error Allegations Regarding Salzgitter Mannesmann Line Pipe GmbH and Salzgitter Mannesmann Precision GmbH,’’ dated April 23, 2018 (Petitioners’ Allegation regarding Salzgitter). 8 See Benteler’s letter, ‘‘Antidumping Duty Investigation of Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from Germany: Reply to Ministerial Error Comments for the Final Determination,’’ dated April 30, 2018 (Benteler’s Rebuttal Comments). 9 See Memorandum, ‘‘Less-Than-Fair-Value Investigation of Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from the Federal Republic of Germany: Ministerial Error Allegation Memorandum,’’ dated June 6, 2018. 10 See Benteler Rothrist’s letter, ‘‘Antidumping Duty Investigation of Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from Switzerland: Ministerial Error Comments for the Final Determination,’’ dated April 23, 2018 (Benteler Rothrist’s Allegation). 11 See the petitioners’ letter, ‘‘Cold-Drawn Mechanical Tubing from Switzerland—Petitioners’ Response to Benteler Rothrist’s Ministerial Error Allegation,’’ dated April 30, 2018 (Petitioners’ Rebuttal Comments to Benteler Rothrist). 12 See the petitioners’ letter, ‘‘Cold-Drawn Mechanical Tubing from China—Petitioners’ Ministerial Error Allegations,’’ dated April 24, 2018 (Petitioners’ China Allegation). 13 See Huacheng’s letter, ‘‘Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from E:\FR\FM\11JNN1.SGM 11JNN1 Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Notices China Final’’ section below for further discussion. On May 31, 2018, the ITC notified Commerce of its affirmative determination that an industry in the United States is materially injured within the meaning of section 735(b)(1)(A)(i) of the Act, by reason of LTFV imports of cold-drawn mechanical tubing from China, Germany, India, Italy, Korea, and Switzerland, and of its determination that critical circumstances do not exist with respect to imports of cold-drawn mechanical tubing from China, Italy, and Korea.14 Scope of the Orders The product covered by these orders is cold-drawn mechanical tubing from China, Germany, India, Italy, Korea, and Switzerland.15 For a complete description of the scope of these orders, see the Appendix to this notice. daltland on DSKBBV9HB2PROD with NOTICES Amendment to China Final Commerce reviewed the record and agrees that one of the two alleged errors referenced in the petitioners’ allegation constitutes a ministerial error within the meaning of section 735(e) of the Act and 19 CFR 351.224(f).16 Specifically, Commerce erroneously valued international freight for shipments of subject merchandise to a particular U.S. destination using inconsistent values.17 Additionally, we find that the second alleged error regarding the surrogate international freight rate calculation for those U.S. destinations for which no rates were available is not an error in addition, subtraction, or other arithmetic function within the meaning of 19 CFR 351.224(f).18 Pursuant to 19 CFR 351.224(e), Commerce is amending the China Final to correct the ministerial error described above by applying a single international freight the People’s Republic of China; Reply to Petitioner’s Ministerial Error Comments,’’ dated April 30, 2018 (Huacheng’s Rebuttal Comments). 14 See letter from the ITC to the Honorable Gary Taverman, May 31, 2018 (Notification of ITC Final Determinations) (ITC Letter); see also ITC publication 4790 (May 2018), Cold-Drawn Mechanical Tubing from China, Germany, India, Italy, Korea, and Switzerland, Investigation Nos. 731–TA–1362–1367 (Final). 15 At Appendix I of the India Final and the Italy Final, we inadvertently published an incorrect scope of the investigation. See Appendix 1 of this notice for a complete description of the scope of these orders. 16 See Memorandum, ‘‘Less-Than-Fair-Value Investigation of Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from the People’s Republic of China: Allegation of Ministerial Errors in the Final Determination,’’ dated concurrently with, and hereby adopted by, this notice (China Amended Final Determination Memorandum). 17 Id. 18 Id. VerDate Sep<11>2014 19:19 Jun 08, 2018 Jkt 244001 surrogate value for shipments of subject merchandise to the U.S. destination in question. Based on our correction, Huacheng’s estimated weighted-average dumping margin increases from 44.92 percent to 45.15 percent.19 Because Huacheng’s estimated weighted-average dumping margin is the sole basis for the estimated weighted-average dumping margin for the separate rate companies which were not individually examined, the correction noted above also increases the estimated weightedaverage dumping margin for the nonexamined, separate rate companies from 44.92 to 45.15 percent, as reflected in the rate chart below. In addition, consistent with the China Final, we have continued to adjust the antidumping duty cash deposit rates for Huacheng and the separate-rate companies by 0.02 percent to account for appropriate export subsidies determined in the companion countervailing duty investigation.20 Amendment to Switzerland Final Commerce reviewed the record and agrees that one of the two alleged errors referenced in Benteler Rothrist’s allegation constitutes a ministerial error within the meaning of section 735(e) of the Act and 19 CFR 351.224(f).21 Specifically, Commerce inadvertently included certain prototype and developmental project sample sales it had found to be sold outside the ordinary course of trade in the margin calculation for Benteler Rothrist.22 Additionally, we find that the alleged ministerial error regarding our application of adverse facts available (AFA) for certain of Benteler Rothrist comparison market sales is methodological, rather than ministerial, in nature.23 Pursuant to 19 CFR 351.224(e), Commerce is amending the Switzerland Final to reflect the correction of the ministerial error described above. Based on our correction, Benteler Rothrist’s estimated weighted-average dumping margin decreased from 12.50 percent to 7.66 19 See China Amended Final Determination Memorandum. 20 See China Final, 83 FR at 16324 (citing Countervailing Duty Investigation of Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from the People’s Republic of China: Final Affirmative Determination, and Final Affirmative Determination of Critical Circumstances, in Part, 82 FR 58175 (December 11, 2017) and accompanying Issues and Decision Memorandum). 21 See Memorandum, ‘‘Less-Than-Fair-Value Investigation of Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from Switzerland: Ministerial Error Allegation Memorandum,’’ dated June 6, 2018. 22 Id. 23 Id. PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 26963 percent.24 Because the Switzerland ‘‘allothers’’ rate is based in part on Benteler Rothrist’s estimated weighted-average dumping margin, the correction noted above also decreases the all-others rate determined in the Switzerland Final from 13.55 percent to 9.00 percent, as reflected in the rate chart below.25 Antidumping Duty Orders In accordance with sections 735(b)(1)(A)(i) and 735(d) of the Act, the ITC has notified Commerce of its final determination that an industry in the United States is materially injured by reason of the LTFV imports of colddrawn mechanical tubing from China, Germany, India, Italy, Korea, and Switzerland.26 Therefore, in accordance with section 735(c)(2) of the Act, we are issuing these antidumping duty orders. Because the ITC determined that imports of cold-drawn mechanical tubing from China, Germany, India, Italy, Korea, and Switzerland are materially injuring a U.S. industry, unliquidated entries of such merchandise from these countries, entered or withdrawn from warehouse for consumption, are subject to the assessment of antidumping duties. Therefore, in accordance with section 736(a)(1) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to assess, upon further instruction by Commerce, antidumping duties equal to the amount by which the normal value of the merchandise exceeds the export price (or constructed export price) of the merchandise, for all relevant entries of cold-drawn mechanical tubing from China, Germany, India, Italy, Korea, and Switzerland. Antidumping duties will be assessed on unliquidated entries of cold-drawn mechanical tubing from China, Germany, India, Italy, Korea, and Switzerland entered, or withdrawn from warehouse, for consumption on or after November 22, 2017, the date of publication of the preliminary determination,27 but will not include 24 Id. 25 See Memorandum, ‘‘Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from Switzerland: Calculation of the All-Others Rate in the Amended Final Determination,’’ dated June 6, 2018. 26 See ITC Letter. 27 Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from the People’s Republic of China: Preliminary Affirmative Determination of Sales at Less-Than-Fair Value and Preliminary Affirmative Determination of Critical Circumstances, in Part, and Postponement of Final Determination, 82 FR 55574 (November 22, 2017) (China Prelim); Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from the Federal Republic of Germany: Preliminary Affirmative Determination of Sales at Less Than Fair Value and E:\FR\FM\11JNN1.SGM Continued 11JNN1 26964 Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Notices entries occurring after the expiration of the provisional measures period and before publication of the ITC’s final injury determination as further described below. Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, we will instruct CBP to suspend liquidation on all relevant entries of cold-drawn mechanical tubing from China, Germany, India, Italy, Korea, and Switzerland, effective the date of publication of the ITC’s final affirmative injury determinations. These instructions suspending liquidation will remain in effect until further notice. We will also instruct CBP to require cash deposits equal to the amounts as indicated below. Accordingly, effective on the date of publication of the ITC’s final affirmative injury determinations, CBP will require, at the same time as importers would normally deposit estimated duties on this subject merchandise, a cash deposit equal to the estimated weighted-average dumping margins listed below.28 The ‘‘all others’’ rate applies to all producers or exporters not specifically listed, as appropriate. For the purpose of determining cash deposit rates, the estimated weightedaverage dumping margins for imports of subject merchandise from China and India have been adjusted, as appropriate, for export subsidies found in the final determinations of the companion countervailing duty investigations of this merchandise imported from China and India.29 Provisional Measures Section 733(d) of the Act states that instructions issued pursuant to an affirmative preliminary determination may not remain in effect for more than four months, except where exporters representing a significant proportion of exports of the subject merchandise request Commerce to extend that fourmonth period to no more than six months. At the request of exporters that account for a significant proportion of cold-drawn mechanical tubing from China, Germany, India, Italy, Korea, and Switzerland, Commerce extended the four-month period to six months in each proceeding.30 In the underlying investigations, Commerce published the preliminary determinations on November 22, 2017. Therefore, the extended period, beginning on the date of publication of the preliminary determination, ended on May 20, 2018. Furthermore, section 737(b) of the Act states that definitive duties are to begin on the date of publication of the ITC’s final affirmative injury determination. Therefore, in accordance with section 733(d) of the Act and our practice,31 we will instruct CBP to terminate the suspension of liquidation and to liquidate, without regard to antidumping duties, unliquidated entries of cold-drawn mechanical tubing from China, Germany, India, Italy, Korea, and Switzerland entered, or withdrawn from warehouse, for consumption on or after May 21, 2018, until and through the day preceding the date of publication of the ITC’s final affirmative injury determinations in the Federal Register. Suspension of liquidation and the collection of cash deposits will resume on the date of publication of the ITC’s final determinations in the Federal Register. Critical Circumstances With regard to the ITC’s negative critical circumstances determination on imports of cold-drawn mechanical tubing from China, Italy, and Korea discussed above, we will instruct CBP to lift suspension and to refund any cash deposits made to secure the payment of estimated antidumping duties with respect to entries of cold-drawn mechanical tubing from China, Italy, and Korea, entered, or withdrawn from warehouse, for consumption on or after August 24, 2017 (i.e., 90 days prior to the date of publication of the preliminary determinations), but before November 22, 2018 (i.e., the date of publication of the preliminary determination for each of these investigations). Estimated Weighted-Average Dumping Margins The estimated weighted-average dumping margins are as follows: CHINA Weightedaverage margin (percent) Cash deposit rate (percent) 32 Exporter Jiangsu Huacheng Industry Pipe Making Corporation, and Zhangjiagang Salem Fine Tubing Co., Ltd. Anji Pengda Steel Pipe Co., Ltd ................................................... Changshu Fushilai Steel Pipe Co., Ltd ......................................... Changshu Special Shaped Steel Tube Co., Ltd ........................... Jiangsu Liwan Precision Tube Manufacturing Co., Ltd ................ Zhangjiagang Precision Tube Manufacturing Co., Ltd. (Zhangjiangang Tube). Wuxi Dajin High-Precision Cold-Drawn Steel Tube Co., Ltd ........ Zhangjiagang Shengdingyuan Pipe-Making Co., Ltd ................... Zhejiang Minghe Steel Pipe Co., Ltd ............................................ Zhejiang Dingxin Steel Tube Manufacturing Co., Ltd ................... daltland on DSKBBV9HB2PROD with NOTICES Producer Zhangjiagang Huacheng Import & Export Co., Ltd 33 ................... 45.15 45.13 Anji Pengda Steel Pipe Co., Ltd ................................................... Changshu Fushilai Steel Pipe Co., Ltd ......................................... Changshu Special Shaped Steel Tube Co., Ltd ........................... Suzhou Foster International Co., Ltd ............................................ Suzhou Foster International Co., Ltd ............................................ 45.15 45.15 45.15 45.15 45.15 45.13 45.13 45.13 45.13 45.13 Wuxi Huijin International Trade Co., Ltd ....................................... Zhangjiagang Shengdingyuan Pipe-Making Co., Ltd ................... Zhejiang Minghe Steel Pipe Co., Ltd ............................................ Zhejiang Dingxin Steel Tube Manufacturing Co., Ltd ................... 45.15 45.15 45.15 45.15 45.13 45.13 45.13 45.13 Postponement of Final Determination, 82 FR 55558 (November 22, 2017) (Germany Prelim); Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from India: Preliminary Affirmative Determination of Sales at Less Than Fair Value, in Part, Postponement of Final Determination, and Extension of Provisional Measures, 82 FR 55567 (November 22, 2017) (India Prelim); Certain ColdDrawn Mechanical Tubing of Carbon and Alloy Steel from Italy: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Affirmative Determination of Critical Circumstances, in Part, Postponement of Final Determination, and Extension of Provisional VerDate Sep<11>2014 19:19 Jun 08, 2018 Jkt 244001 Measures, 82 FR 55561 (November 22, 2017) (Italy Prelim); Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from the Republic of Korea: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Affirmative Determination of Critical Circumstances, in Part, Postponement of Final Determination, and Extension of Provisional Measures, 82 FR 55541 (November 22, 2017) (Korea Prelim); and ColdDrawn Mechanical Tubing from Switzerland: Preliminary Affirmative Determination of Sales at Less Than Fair Value and Postponement of Final Determination, and Extension of Provisional PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 Measures, 82 FR 55571 (November 22, 2017) (Switzerland Prelim). 28 See section 736(a)(3) of the Act. 29 See China Final and India Final. 30 See China Prelim, Germany Prelim, India Prelim, Italy Prelim, Korea Prelim, and Switzerland Prelim. 31 See, e.g., Certain Corrosion-Resistant Steel Products from India, Italy, the People’s Republic of China, the Republic of Korea and Taiwan: Amended Final Affirmative Antidumping Determination for India and Taiwan, and Antidumping Duty Orders, 81 FR 48390 (July 25, 2016). E:\FR\FM\11JNN1.SGM 11JNN1 26965 Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Notices CHINA—Continued Producer Weightedaverage margin (percent) Exporter China-Wide Entity 34 ............................................................... ........................................................................................................ * 186.89 Cash deposit rate (percent) 32 186.89 * (Based on AFA). GERMANY Weightedaverage margin (percent) Exporter or producer BENTELER Steel/Tube GmbH/BENTELER Distribution International GmbH 35 .................................................................................................................. Mubea Fahrwerksfedern GmbH ............................................................................................................................................................................................ Salzgitter Mannesmann Line Pipe GmbH ............................................................................................................................................................................ All-Others .............................................................................................................................................................................................................................. 3.11 * 209.06 * 209.06 3.11 * (AFA). INDIA Weightedaverage margin (percent) Exporter or producer Goodluck India Limited ............................................................................................................................................................................. Tube Products of India, Ltd. a unit of Tube Investments of India Limited (collectively, TPI) .................................................................. All-Others .................................................................................................................................................................................................. * 33.80 8.26 8.26 Cash-deposit rate (percent) 33.70 5.87 5.87 * (AFA). ITALY Weightedaverage margin (percent) Exporter or producer Dalmine, S.p.A ...................................................................................................................................................................................................................... Metalfer, S.p.A ...................................................................................................................................................................................................................... All-Others .............................................................................................................................................................................................................................. * 68.95 * 68.95 47.87 * (AFA). KOREA Weightedaverage margin (percent) Exporter or producer Sang Shin Ind. Co., Ltd ........................................................................................................................................................................................................ Yulchon Co., Ltd ................................................................................................................................................................................................................... All-Others .............................................................................................................................................................................................................................. * 48.00 * 48.00 30.67 * (AFA). SWITZERLAND Weightedaverage margin (percent) Exporter or producer daltland on DSKBBV9HB2PROD with NOTICES Benteler Rothrist AG ............................................................................................................................................................................................................. Mubea Prazisionsstahlrohr AG ............................................................................................................................................................................................. All-Others .............................................................................................................................................................................................................................. This notice constitutes the antidumping duty orders with respect to cold-drawn mechanical tubing from China, Germany, India, Italy, Korea, and Switzerland pursuant to section 736(a) of the Act. Interested parties can find a list of antidumping duty orders currently in effect at https:// VerDate Sep<11>2014 19:19 Jun 08, 2018 Jkt 244001 7.66 30.48 9.00 enforcement.trade.gov/stats/ iastats1.html. 32 Commerce normally adjusts antidumping duty cash deposit rates to offset for certain subsidies found in companion countervailing duty proceedings. Accordingly, the rate charts for China and India, below, include an additional column to indicate the applicable cash deposit rates adjusted PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 for certain subsidies in the companion countervailing duty investigations. As there were no companion countervailing duty investigations with respect to Germany, Italy, Korea, and Switzerland, the rate charts listed below with E:\FR\FM\11JNN1.SGM Continued 11JNN1 26966 Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Notices These amended final determinations and antidumping duty orders are published in accordance with sections 735(e) and 736(a) of the Act and 19 CFR 351.224(e) and 351.211(b). Dated: June 6, 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 daltland on DSKBBV9HB2PROD with NOTICES Scope of the Orders The products covered by these orders are cold-drawn mechanical tubing of carbon and alloy steel (cold-drawn mechanical tubing) of circular cross-section, 304.8 mm or more in length, in actual outside diameters less than 331mm, and regardless of wall thickness, surface finish, end finish or industry specification. The subject cold-drawn mechanical tubing is a tubular product with a circular cross-sectional shape that has been cold-drawn or otherwise cold-finished after the initial tube formation in a manner that involves a change in the diameter or wall thickness of the tubing, or both. The subject cold-drawn mechanical tubing may be produced from either welded (e.g., electric resistance welded, continuous welded, etc.) or seamless (e.g., pierced, pilgered or extruded, etc.) carbon or alloy steel tubular products. It may also be heat treated after cold working. Such heat treatments may include, but are not limited to, annealing, normalizing, quenching and tempering, stress relieving or finish annealing. Typical 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 respect to those countries include only a column for the weighted-average margin determined in those investigations. 33 In the China Prelim, Commerce found that Zhangjiagang Huacheng Import & Export Co., Ltd., Jiangsu Huacheng Industry Pipe Making Corporation, and Zhangjiagang Salem Fine Tubing Co., Ltd. are a single entity and, because there were no changes to the facts which supported that decision since that determination was made, we continue to find that these companies are part of a single entity for this order; see China Final. 34 Commerce notes that Hongyi Steel Pipe Co., Ltd. is a part of the China-wide entity. 35 In the Germany Prelim, Commerce found that BENTELER Steel/Tube GmbH and BENTELER Distribution International GmbH are a single entity and, because there were no changes to the facts which supported that decision since that determination was made, we continue to find that these companies are part of a single entity for this order; see Germany Final. VerDate Sep<11>2014 19:19 Jun 08, 2018 Jkt 244001 specifications for cold-drawn tubing including but not limited to: (1) American Society for Testing and Materials (ASTM) or American Society of Mechanical Engineers (ASME) specifications ASTM A–512, ASTM A–513 Type 3 (ASME SA513 Type 3), ASTM A–513 Type 4 (ASME SA513 Type 4), ASTM A–513 Type 5 (ASME SA513 Type 5), ASTM A–513 Type 6 (ASME SA513 Type 6), ASTM A–519 (cold-finished); (2) SAE International (Society of Automotive Engineers) specifications SAE J524, SAE J525, SAE J2833, SAE J2614, SAE J2467, SAE J2435, SAE J2613; (3) Aerospace Material Specification (AMS) AMS T–6736 (AMS 6736), AMS 6371, AMS 5050, AMS 5075, AMS 5062, AMS 6360, AMS 6361, AMS 6362, AMS 6371, AMS 6372, AMS 6374, AMS 6381, AMS 6415; (4) United States Military Standards (MIL) MIL–T–5066 and MIL–T–6736; (5) foreign standards equivalent to one of the previously listed ASTM, ASME, SAE, AMS or MIL specifications including but not limited to: (a) German Institute for Standardization (DIN) specifications DIN 2391–2, DIN 2393–2, DIN 2394–2); (b) European Standards (EN) EN 10305–1, EN 10305–2, EN 10305–4, EN 10305–6 and European national variations on those standards (e.g., British Standard (BS EN), Irish Standard (IS EN) and German Standard (DIN EN) variations, etc.); (c) Japanese Industrial Standard (JIS) JIS G 3441 and JIS G 3445; and (6) proprietary standards that are based on one of the above-listed standards. The subject cold-drawn mechanical tubing may also be dual or multiple certified to more than one standard. Pipe that is multiple certified as cold-drawn mechanical tubing and to other specifications not covered by this scope, is also covered by the scope of these order when it meets the physical description set forth above. Steel products included in the scope of these orders are products in which: (1) Iron predominates, by weight, over each of the other contained elements; and (2) the carbon content is 2 percent or less by weight. For purposes of this scope, the place of cold-drawing determines the country of origin of the subject merchandise. Subject merchandise that is subject to minor working in a third country that occurs after drawing in one of the subject countries including, but not limited to, heat treatment, cutting to length, straightening, nondestruction testing, deburring or chamfering, remains within the scope of these orders. All products that meet the written physical description are within the scope of these orders unless specifically excluded or covered by the scope of an existing order. Merchandise that meets the physical description of cold-drawn mechanical tubing above is within the scope of these orders even if it is also dual or multiple certified to an otherwise excluded specification listed below. The following products are outside of, and/or specifically excluded from, the scope of these orders: (1) Cold-drawn stainless steel tubing, containing 10.5 percent or more of chromium by weight and not more than 1.2 percent of carbon by weight; PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 (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 these orders. The products subject to these orders are currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under item numbers: 7304.31.3000, 7304.31.6050, 7304.51.1000, 7304.51.5005, 7304.51.5060, 7306.30.5015, 7306.30.5020, 7306.50.5030. Subject merchandise may also enter under numbers 7306.30.1000 and 7306.50.1000. The HTSUS subheadings above are provided for convenience and customs purposes only. The written description of the scope of these orders are dispositive. [FR Doc. 2018–12593 Filed 6–8–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XG230 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of Puerto Rico and the U.S. Virgin Islands; Exempted Fishing Permit National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of receipt of an application for an exempted fishing permit; request for comments. AGENCY: NMFS announces the receipt of an application for an exempted fishing permit (EFP) from Puerto Rico’s Department of Natural and Environmental Resources (DNER). If granted, the EFP would authorize persons aboard DNER research vessels and commercial fishing vessels contracted through DNER to collect selected reef fish species in waters of the U.S. Caribbean exclusive economic SUMMARY: E:\FR\FM\11JNN1.SGM 11JNN1

Agencies

[Federal Register Volume 83, Number 112 (Monday, June 11, 2018)]
[Notices]
[Pages 26962-26966]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12593]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-058, A-428-845, A-533-873, A-475-838, A-580-892, A-441-801]


Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel 
From the People's Republic of China, the Federal Republic of Germany, 
India, Italy, the Republic of Korea, and Switzerland: Antidumping Duty 
Orders; and Amended Final Determinations of Sales at Less Than Fair 
Value for the People's Republic of China and Switzerland

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

SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (Commerce) and the International Trade Commission (the ITC), 
Commerce is issuing antidumping duty orders on certain cold-drawn 
mechanical tubing of carbon and alloy steel (cold-drawn mechanical 
tubing) from the People's Republic of China (China), the Federal 
Republic of Germany (Germany), India, Italy, the Republic of Korea 
(Korea), and Switzerland. In addition, Commerce is amending its final 
determination of sales at less than fair value (LTFV) for China and 
Switzerland as a result of ministerial errors.

DATES: Applicable June 11, 2018.

FOR FURTHER INFORMATION CONTACT: Paul Stolz at (202) 482-4474 or Keith 
Haynes at (202) 482-5139 (China), Frances Veith at (202) 482-4295 
(Germany), Susan Pulongbarit at (202) 482-4031 or Omar Qureshi at (202) 
482-5307 (India), Carrie Bethea at (202) 482-1491 (Italy), Annathea 
Cook at (202) 482-0250 (Korea), and Laurel LaCivita at (202) 482-4243 
(Switzerland), AD/CVD Operations, Enforcement and Compliance, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230.

SUPPLEMENTARY INFORMATION: 

Background

    In accordance with sections 735(a), 735(d), and 777(i)(1) of the 
Tariff Act of 1930, as amended (the Act), and 19 CFR 351.210(c), 
Commerce published its affirmative final determinations in the LTFV 
investigations of cold-drawn mechanical tubing from China, Germany, 
India, Italy, Korea, and Switzerland on April 16, 2018.\1\ In addition, 
Commerce made affirmative determinations of critical circumstances with 
respect to China and Italy, in part, and with respect to Korea, 
pursuant to section 735(a)(3) of the Act, and 19 CFR 351.206.\2\
---------------------------------------------------------------------------

    \1\ See Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy 
Steel from the People's Republic of China: Affirmative Final 
Determination of Sales at Less-Than-Fair Value and Final 
Determination of Critical Circumstances, in Part, 83 FR 16322 (April 
16, 2018) (China Final); Certain Cold-Drawn Mechanical Tubing of 
Carbon and Alloy Steel from the Federal Republic of Germany: Final 
Affirmative Determination of Sales at Less Than Fair Value, 83 FR 
16326 (April 16, 2018) (Germany Final); Certain Cold-Drawn 
Mechanical Tubing of Carbon and Alloy Steel from India: Final 
Affirmative Determination of Sales at Less than Fair Value, 83 FR 
16296 (April 16, 2018) (India Final); Certain Cold-Drawn Mechanical 
Tubing of Carbon and Alloy Steel from Italy: Final Determination of 
Sales at Less Than Fair Value and Final Affirmative Determination of 
Critical Circumstances, in Part, 83 FR 16289 (April 16, 2018) (Italy 
Final); Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy 
Steel from the Republic of Korea: Final Affirmative Determination of 
Sales at Less Than Fair Value, Final Affirmative Determination of 
Critical Circumstances, 83 FR 16319 (April 16, 2018) (Korea Final); 
Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from 
Switzerland: Final Determination of Sales at Less Than Fair Value, 
83 FR 16293 (April 16, 2018) (Switzerland Final).
    \2\ See China Final, 83 FR at 16322; Italy Final, 83 FR at 
16290; and Korea Final, 83 FR at 16320.
---------------------------------------------------------------------------

    Commerce received numerous ministerial error allegations and 
comments in the various investigations. A ministerial error is defined 
as an error in addition, subtraction, or other arithmetic function, 
clerical error resulting from inaccurate copying, duplication, or the 
like, and any other similar type of unintentional error which the 
Secretary considers ministerial.\3\
---------------------------------------------------------------------------

    \3\ See section 735(e) of the Act and 19 CFR 351.224(f).
---------------------------------------------------------------------------

    On April 17, 2018, Goodluck India Limited (Goodluck) alleged that 
Commerce made a ministerial error in the India Final.\4\ However, we 
find that the alleged error is methodological, rather than ministerial, 
in nature.\5\
---------------------------------------------------------------------------

    \4\ See Goodluck's letter, ``Goodluck's Final Determination 
Ministerial Error Comments: Antidumping Duty Investigation on 
Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from 
India (A-533-873),'' dated April 17, 2018 (Goodluck's Allegation).
    \5\ See Memorandum, ``Antidumping Duty Investigation of Certain 
Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from India: 
Ministerial Error Allegation Memorandum,'' dated May 16, 2018.
---------------------------------------------------------------------------

    On April 23, 2018, the petitioners \6\ alleged that Commerce made 
certain ministerial errors in the Germany Final with respect to 
Benteler Steel/Tube GmbH (Benteler), Salzgitter Mannesmann Line Pipe 
GmbH (Salzgitter Line Pipe) and Salzgitter Mannesmann Precision GmbH 
(Salzgitter Precision).\7\ On April 30, 2018, Benteler submitted 
rebuttal comments to the petitioners' allegation.\8\ Neither Salzgitter 
Line Pipe nor Salzgitter Precision submitted rebuttal comments. 
However, we find that the alleged errors regarding our Final 
Determination with respect to Benteler's margin calculation and our 
treatment of Salzgitter Line Pipe, Salzgitter Precision, or any other 
Salzgitter company are methodological, rather than ministerial, in 
nature.\9\
---------------------------------------------------------------------------

    \6\ ArcelorMittal Tubular Products, Michigan Seamless Tube, LLC, 
Plymouth Tube Co. USA, PTC Alliance Corp., Webco Industries, Inc., 
and Zekelman Industries, Inc. (collectively, the petitioners).
    \7\ See the petitioners' letter, ``Cold-Drawn Mechanical Tubing 
from Germany--Petitioners' Ministerial Error Allegations Regarding 
BENTELER Steel/Tube GmbH,'' dated April 23, 2018 (Petitioners' 
Allegation regarding Benteler); the petitioners' letter, ``Cold-
Drawn Mechanical Tubing from Germany--Petitioners' Ministerial Error 
Allegations Regarding Salzgitter Mannesmann Line Pipe GmbH and 
Salzgitter Mannesmann Precision GmbH,'' dated April 23, 2018 
(Petitioners' Allegation regarding Salzgitter).
    \8\ See Benteler's letter, ``Antidumping Duty Investigation of 
Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from 
Germany: Reply to Ministerial Error Comments for the Final 
Determination,'' dated April 30, 2018 (Benteler's Rebuttal 
Comments).
    \9\ See Memorandum, ``Less-Than-Fair-Value Investigation of 
Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from 
the Federal Republic of Germany: Ministerial Error Allegation 
Memorandum,'' dated June 6, 2018.
---------------------------------------------------------------------------

    On April 23, 2018, Benteler Rothrist AG (Benteler Rothrist) alleged 
that Commerce made certain ministerial errors in the Switzerland 
Final.\10\ On April 30, 2018, the petitioners submitted rebuttal 
comments to Benteler Rothrist's allegation.\11\ See the ``Amendment to 
Switzerland Final'' section below for further information.
---------------------------------------------------------------------------

    \10\ See Benteler Rothrist's letter, ``Antidumping Duty 
Investigation of Certain Cold-Drawn Mechanical Tubing of Carbon and 
Alloy Steel from Switzerland: Ministerial Error Comments for the 
Final Determination,'' dated April 23, 2018 (Benteler Rothrist's 
Allegation).
    \11\ See the petitioners' letter, ``Cold-Drawn Mechanical Tubing 
from Switzerland--Petitioners' Response to Benteler Rothrist's 
Ministerial Error Allegation,'' dated April 30, 2018 (Petitioners' 
Rebuttal Comments to Benteler Rothrist).
---------------------------------------------------------------------------

    On April 24, 2018, the petitioners alleged that Commerce made 
certain ministerial errors in the China Final with respect to 
Zhangjiagang Huacheng Import & Export Co., Ltd. (Huacheng).\12\ On 
April 30, 2018, Huacheng submitted rebuttal comments to the 
petitioners' allegation.\13\ See the ``Amendment to

[[Page 26963]]

China Final'' section below for further discussion.
---------------------------------------------------------------------------

    \12\ See the petitioners' letter, ``Cold-Drawn Mechanical Tubing 
from China--Petitioners' Ministerial Error Allegations,'' dated 
April 24, 2018 (Petitioners' China Allegation).
    \13\ See Huacheng's letter, ``Cold-Drawn Mechanical Tubing of 
Carbon and Alloy Steel from the People's Republic of China; Reply to 
Petitioner's Ministerial Error Comments,'' dated April 30, 2018 
(Huacheng's Rebuttal Comments).
---------------------------------------------------------------------------

    On May 31, 2018, the ITC notified Commerce of its affirmative 
determination that an industry in the United States is materially 
injured within the meaning of section 735(b)(1)(A)(i) of the Act, by 
reason of LTFV imports of cold-drawn mechanical tubing from China, 
Germany, India, Italy, Korea, and Switzerland, and of its determination 
that critical circumstances do not exist with respect to imports of 
cold-drawn mechanical tubing from China, Italy, and Korea.\14\
---------------------------------------------------------------------------

    \14\ See letter from the ITC to the Honorable Gary Taverman, May 
31, 2018 (Notification of ITC Final Determinations) (ITC Letter); 
see also ITC publication 4790 (May 2018), Cold-Drawn Mechanical 
Tubing from China, Germany, India, Italy, Korea, and Switzerland, 
Investigation Nos. 731-TA-1362-1367 (Final).
---------------------------------------------------------------------------

Scope of the Orders

    The product covered by these orders is cold-drawn mechanical tubing 
from China, Germany, India, Italy, Korea, and Switzerland.\15\ For a 
complete description of the scope of these orders, see the Appendix to 
this notice.
---------------------------------------------------------------------------

    \15\ At Appendix I of the India Final and the Italy Final, we 
inadvertently published an incorrect scope of the investigation. See 
Appendix 1 of this notice for a complete description of the scope of 
these orders.
---------------------------------------------------------------------------

Amendment to China Final

    Commerce reviewed the record and agrees that one of the two alleged 
errors referenced in the petitioners' allegation constitutes a 
ministerial error within the meaning of section 735(e) of the Act and 
19 CFR 351.224(f).\16\ Specifically, Commerce erroneously valued 
international freight for shipments of subject merchandise to a 
particular U.S. destination using inconsistent values.\17\ 
Additionally, we find that the second alleged error regarding the 
surrogate international freight rate calculation for those U.S. 
destinations for which no rates were available is not an error in 
addition, subtraction, or other arithmetic function within the meaning 
of 19 CFR 351.224(f).\18\ Pursuant to 19 CFR 351.224(e), Commerce is 
amending the China Final to correct the ministerial error described 
above by applying a single international freight surrogate value for 
shipments of subject merchandise to the U.S. destination in question. 
Based on our correction, Huacheng's estimated weighted-average dumping 
margin increases from 44.92 percent to 45.15 percent.\19\ Because 
Huacheng's estimated weighted-average dumping margin is the sole basis 
for the estimated weighted-average dumping margin for the separate rate 
companies which were not individually examined, the correction noted 
above also increases the estimated weighted-average dumping margin for 
the non-examined, separate rate companies from 44.92 to 45.15 percent, 
as reflected in the rate chart below. In addition, consistent with the 
China Final, we have continued to adjust the antidumping duty cash 
deposit rates for Huacheng and the separate-rate companies by 0.02 
percent to account for appropriate export subsidies determined in the 
companion countervailing duty investigation.\20\
---------------------------------------------------------------------------

    \16\ See Memorandum, ``Less-Than-Fair-Value Investigation of 
Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from 
the People's Republic of China: Allegation of Ministerial Errors in 
the Final Determination,'' dated concurrently with, and hereby 
adopted by, this notice (China Amended Final Determination 
Memorandum).
    \17\ Id.
    \18\ Id.
    \19\ See China Amended Final Determination Memorandum.
    \20\ See China Final, 83 FR at 16324 (citing Countervailing Duty 
Investigation of Cold-Drawn Mechanical Tubing of Carbon and Alloy 
Steel from the People's Republic of China: Final Affirmative 
Determination, and Final Affirmative Determination of Critical 
Circumstances, in Part, 82 FR 58175 (December 11, 2017) and 
accompanying Issues and Decision Memorandum).
---------------------------------------------------------------------------

Amendment to Switzerland Final

    Commerce reviewed the record and agrees that one of the two alleged 
errors referenced in Benteler Rothrist's allegation constitutes a 
ministerial error within the meaning of section 735(e) of the Act and 
19 CFR 351.224(f).\21\ Specifically, Commerce inadvertently included 
certain prototype and developmental project sample sales it had found 
to be sold outside the ordinary course of trade in the margin 
calculation for Benteler Rothrist.\22\ Additionally, we find that the 
alleged ministerial error regarding our application of adverse facts 
available (AFA) for certain of Benteler Rothrist comparison market 
sales is methodological, rather than ministerial, in nature.\23\ 
Pursuant to 19 CFR 351.224(e), Commerce is amending the Switzerland 
Final to reflect the correction of the ministerial error described 
above. Based on our correction, Benteler Rothrist's estimated weighted-
average dumping margin decreased from 12.50 percent to 7.66 
percent.\24\ Because the Switzerland ``all-others'' rate is based in 
part on Benteler Rothrist's estimated weighted-average dumping margin, 
the correction noted above also decreases the all-others rate 
determined in the Switzerland Final from 13.55 percent to 9.00 percent, 
as reflected in the rate chart below.\25\
---------------------------------------------------------------------------

    \21\ See Memorandum, ``Less-Than-Fair-Value Investigation of 
Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from 
Switzerland: Ministerial Error Allegation Memorandum,'' dated June 
6, 2018.
    \22\ Id.
    \23\ Id.
    \24\ Id.
    \25\ See Memorandum, ``Certain Cold-Drawn Mechanical Tubing of 
Carbon and Alloy Steel from Switzerland: Calculation of the All-
Others Rate in the Amended Final Determination,'' dated June 6, 
2018.
---------------------------------------------------------------------------

Antidumping Duty Orders

    In accordance with sections 735(b)(1)(A)(i) and 735(d) of the Act, 
the ITC has notified Commerce of its final determination that an 
industry in the United States is materially injured by reason of the 
LTFV imports of cold-drawn mechanical tubing from China, Germany, 
India, Italy, Korea, and Switzerland.\26\ Therefore, in accordance with 
section 735(c)(2) of the Act, we are issuing these antidumping duty 
orders. Because the ITC determined that imports of cold-drawn 
mechanical tubing from China, Germany, India, Italy, Korea, and 
Switzerland are materially injuring a U.S. industry, unliquidated 
entries of such merchandise from these countries, entered or withdrawn 
from warehouse for consumption, are subject to the assessment of 
antidumping duties.
---------------------------------------------------------------------------

    \26\ See ITC Letter.
---------------------------------------------------------------------------

    Therefore, in accordance with section 736(a)(1) of the Act, 
Commerce will direct U.S. Customs and Border Protection (CBP) to 
assess, upon further instruction by Commerce, antidumping duties equal 
to the amount by which the normal value of the merchandise exceeds the 
export price (or constructed export price) of the merchandise, for all 
relevant entries of cold-drawn mechanical tubing from China, Germany, 
India, Italy, Korea, and Switzerland. Antidumping duties will be 
assessed on unliquidated entries of cold-drawn mechanical tubing from 
China, Germany, India, Italy, Korea, and Switzerland entered, or 
withdrawn from warehouse, for consumption on or after November 22, 
2017, the date of publication of the preliminary determination,\27\ but 
will not include

[[Page 26964]]

entries occurring after the expiration of the provisional measures 
period and before publication of the ITC's final injury determination 
as further described below.
---------------------------------------------------------------------------

    \27\ Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy 
Steel from the People's Republic of China: Preliminary Affirmative 
Determination of Sales at Less-Than-Fair Value and Preliminary 
Affirmative Determination of Critical Circumstances, in Part, and 
Postponement of Final Determination, 82 FR 55574 (November 22, 2017) 
(China Prelim); Certain Cold-Drawn Mechanical Tubing of Carbon and 
Alloy Steel from the Federal Republic of Germany: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value and 
Postponement of Final Determination, 82 FR 55558 (November 22, 2017) 
(Germany Prelim); Certain Cold-Drawn Mechanical Tubing of Carbon and 
Alloy Steel from India: Preliminary Affirmative Determination of 
Sales at Less Than Fair Value, in Part, Postponement of Final 
Determination, and Extension of Provisional Measures, 82 FR 55567 
(November 22, 2017) (India Prelim); Certain Cold-Drawn Mechanical 
Tubing of Carbon and Alloy Steel from Italy: Preliminary Affirmative 
Determination of Sales at Less Than Fair Value, Preliminary 
Affirmative Determination of Critical Circumstances, in Part, 
Postponement of Final Determination, and Extension of Provisional 
Measures, 82 FR 55561 (November 22, 2017) (Italy Prelim); Certain 
Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from the 
Republic of Korea: Preliminary Affirmative Determination of Sales at 
Less Than Fair Value, Preliminary Affirmative Determination of 
Critical Circumstances, in Part, Postponement of Final 
Determination, and Extension of Provisional Measures, 82 FR 55541 
(November 22, 2017) (Korea Prelim); and 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) 
(Switzerland Prelim).
---------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we will 
instruct CBP to suspend liquidation on all relevant entries of cold-
drawn mechanical tubing from China, Germany, India, Italy, Korea, and 
Switzerland, effective the date of publication of the ITC's final 
affirmative injury determinations. These instructions suspending 
liquidation will remain in effect until further notice.
    We will also instruct CBP to require cash deposits equal to the 
amounts as indicated below. Accordingly, effective on the date of 
publication of the ITC's final affirmative injury determinations, CBP 
will require, at the same time as importers would normally deposit 
estimated duties on this subject merchandise, a cash deposit equal to 
the estimated weighted-average dumping margins listed below.\28\ The 
``all others'' rate applies to all producers or exporters not 
specifically listed, as appropriate. For the purpose of determining 
cash deposit rates, the estimated weighted-average dumping margins for 
imports of subject merchandise from China and India have been adjusted, 
as appropriate, for export subsidies found in the final determinations 
of the companion countervailing duty investigations of this merchandise 
imported from China and India.\29\
---------------------------------------------------------------------------

    \28\ See section 736(a)(3) of the Act.
    \29\ See China Final and India Final.
---------------------------------------------------------------------------

Provisional Measures

    Section 733(d) of the Act states that instructions issued pursuant 
to an affirmative preliminary determination may not remain in effect 
for more than four months, except where exporters representing a 
significant proportion of exports of the subject merchandise request 
Commerce to extend that four-month period to no more than six months. 
At the request of exporters that account for a significant proportion 
of cold-drawn mechanical tubing from China, Germany, India, Italy, 
Korea, and Switzerland, Commerce extended the four-month period to six 
months in each proceeding.\30\ In the underlying investigations, 
Commerce published the preliminary determinations on November 22, 2017. 
Therefore, the extended period, beginning on the date of publication of 
the preliminary determination, ended on May 20, 2018. Furthermore, 
section 737(b) of the Act states that definitive duties are to begin on 
the date of publication of the ITC's final affirmative injury 
determination.
---------------------------------------------------------------------------

    \30\ See China Prelim, Germany Prelim, India Prelim, Italy 
Prelim, Korea Prelim, and Switzerland Prelim.
---------------------------------------------------------------------------

    Therefore, in accordance with section 733(d) of the Act and our 
practice,\31\ we will instruct CBP to terminate the suspension of 
liquidation and to liquidate, without regard to antidumping duties, 
unliquidated entries of cold-drawn mechanical tubing from China, 
Germany, India, Italy, Korea, and Switzerland entered, or withdrawn 
from warehouse, for consumption on or after May 21, 2018, until and 
through the day preceding the date of publication of the ITC's final 
affirmative injury determinations in the Federal Register. Suspension 
of liquidation and the collection of cash deposits will resume on the 
date of publication of the ITC's final determinations in the Federal 
Register.
---------------------------------------------------------------------------

    \31\ See, e.g., Certain Corrosion-Resistant Steel Products from 
India, Italy, the People's Republic of China, the Republic of Korea 
and Taiwan: Amended Final Affirmative Antidumping Determination for 
India and Taiwan, and Antidumping Duty Orders, 81 FR 48390 (July 25, 
2016).
---------------------------------------------------------------------------

Critical Circumstances

    With regard to the ITC's negative critical circumstances 
determination on imports of cold-drawn mechanical tubing from China, 
Italy, and Korea discussed above, we will instruct CBP to lift 
suspension and to refund any cash deposits made to secure the payment 
of estimated antidumping duties with respect to entries of cold-drawn 
mechanical tubing from China, Italy, and Korea, entered, or withdrawn 
from warehouse, for consumption on or after August 24, 2017 (i.e., 90 
days prior to the date of publication of the preliminary 
determinations), but before November 22, 2018 (i.e., the date of 
publication of the preliminary determination for each of these 
investigations).

Estimated Weighted-Average Dumping Margins

    The estimated weighted-average dumping margins are as follows:

                                                      China
----------------------------------------------------------------------------------------------------------------
                                                                                     Weighted-     Cash deposit
                  Producer                                 Exporter               average margin  rate (percent)
                                                                                     (percent)         \32\
----------------------------------------------------------------------------------------------------------------
Jiangsu Huacheng Industry Pipe Making        Zhangjiagang Huacheng Import &                45.15           45.13
 Corporation, and Zhangjiagang Salem Fine     Export Co., Ltd \33\.
 Tubing Co., Ltd.
Anji Pengda Steel Pipe Co., Ltd............  Anji Pengda Steel Pipe Co., Ltd....           45.15           45.13
Changshu Fushilai Steel Pipe Co., Ltd......  Changshu Fushilai Steel Pipe Co.,             45.15           45.13
                                              Ltd.
Changshu Special Shaped Steel Tube Co., Ltd  Changshu Special Shaped Steel Tube            45.15           45.13
                                              Co., Ltd.
Jiangsu Liwan Precision Tube Manufacturing   Suzhou Foster International Co.,              45.15           45.13
 Co., Ltd.                                    Ltd.
Zhangjiagang Precision Tube Manufacturing    Suzhou Foster International Co.,              45.15           45.13
 Co., Ltd. (Zhangjiangang Tube).              Ltd.
Wuxi Dajin High-Precision Cold-Drawn Steel   Wuxi Huijin International Trade               45.15           45.13
 Tube Co., Ltd.                               Co., Ltd.
Zhangjiagang Shengdingyuan Pipe-Making Co.,  Zhangjiagang Shengdingyuan Pipe-              45.15           45.13
 Ltd.                                         Making Co., Ltd.
Zhejiang Minghe Steel Pipe Co., Ltd........  Zhejiang Minghe Steel Pipe Co., Ltd           45.15           45.13
Zhejiang Dingxin Steel Tube Manufacturing    Zhejiang Dingxin Steel Tube                   45.15           45.13
 Co., Ltd.                                    Manufacturing Co., Ltd.
                                                                                 -------------------------------

[[Page 26965]]

 
    China-Wide Entity \34\.................  ...................................        * 186.89          186.89
----------------------------------------------------------------------------------------------------------------
* (Based on AFA).


                                 Germany
------------------------------------------------------------------------
                                                             Weighted-
                  Exporter or producer                    average margin
                                                             (percent)
------------------------------------------------------------------------
BENTELER Steel/Tube GmbH/BENTELER Distribution                      3.11
 International GmbH \35\................................
Mubea Fahrwerksfedern GmbH..............................        * 209.06
Salzgitter Mannesmann Line Pipe GmbH....................        * 209.06
All-Others..............................................            3.11
------------------------------------------------------------------------
* (AFA).


                                  India
------------------------------------------------------------------------
                                             Weighted-
          Exporter or producer            average margin   Cash-deposit
                                             (percent)    rate (percent)
------------------------------------------------------------------------
Goodluck India Limited..................         * 33.80           33.70
Tube Products of India, Ltd. a unit of              8.26            5.87
 Tube Investments of India Limited
 (collectively, TPI)....................
All-Others..............................            8.26            5.87
------------------------------------------------------------------------
* (AFA).


                                  Italy
------------------------------------------------------------------------
                                                             Weighted-
                  Exporter or producer                    average margin
                                                             (percent)
------------------------------------------------------------------------
Dalmine, S.p.A..........................................         * 68.95
Metalfer, S.p.A.........................................         * 68.95
All-Others..............................................           47.87
------------------------------------------------------------------------
* (AFA).


                                  Korea
------------------------------------------------------------------------
                                                             Weighted-
                  Exporter or producer                    average margin
                                                             (percent)
------------------------------------------------------------------------
Sang Shin Ind. Co., Ltd.................................         * 48.00
Yulchon Co., Ltd........................................         * 48.00
All-Others..............................................           30.67
------------------------------------------------------------------------
* (AFA).


                               Switzerland
------------------------------------------------------------------------
                                                             Weighted-
                  Exporter or producer                    average margin
                                                             (percent)
------------------------------------------------------------------------
Benteler Rothrist AG....................................            7.66
Mubea Prazisionsstahlrohr AG............................           30.48
All-Others..............................................            9.00
------------------------------------------------------------------------

    This notice constitutes the antidumping duty orders with respect to 
cold-drawn mechanical tubing from China, Germany, India, Italy, Korea, 
and Switzerland pursuant to section 736(a) of the Act. Interested 
parties can find a list of antidumping duty orders currently in effect 
at https://enforcement.trade.gov/stats/iastats1.html.
---------------------------------------------------------------------------

    \32\ Commerce normally adjusts antidumping duty cash deposit 
rates to offset for certain subsidies found in companion 
countervailing duty proceedings. Accordingly, the rate charts for 
China and India, below, include an additional column to indicate the 
applicable cash deposit rates adjusted for certain subsidies in the 
companion countervailing duty investigations. As there were no 
companion countervailing duty investigations with respect to 
Germany, Italy, Korea, and Switzerland, the rate charts listed below 
with respect to those countries include only a column for the 
weighted-average margin determined in those investigations.
    \33\ In the China Prelim, Commerce found that Zhangjiagang 
Huacheng Import & Export Co., Ltd., Jiangsu Huacheng Industry Pipe 
Making Corporation, and Zhangjiagang Salem Fine Tubing Co., Ltd. are 
a single entity and, because there were no changes to the facts 
which supported that decision since that determination was made, we 
continue to find that these companies are part of a single entity 
for this order; see China Final.
    \34\ Commerce notes that Hongyi Steel Pipe Co., Ltd. is a part 
of the China-wide entity.
    \35\ In the Germany Prelim, Commerce found that BENTELER Steel/
Tube GmbH and BENTELER Distribution International GmbH are a single 
entity and, because there were no changes to the facts which 
supported that decision since that determination was made, we 
continue to find that these companies are part of a single entity 
for this order; see Germany Final.

---------------------------------------------------------------------------

[[Page 26966]]

    These amended final determinations and antidumping duty orders are 
published in accordance with sections 735(e) and 736(a) of the Act and 
---------------------------------------------------------------------------
19 CFR 351.224(e) and 351.211(b).

    Dated: June 6, 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

Scope of the Orders

    The products covered by these orders are cold-drawn mechanical 
tubing of carbon and alloy steel (cold-drawn mechanical tubing) of 
circular cross-section, 304.8 mm or more in length, in actual 
outside diameters less than 331mm, and regardless of wall thickness, 
surface finish, end finish or industry specification. The subject 
cold-drawn mechanical tubing is a tubular product with a circular 
cross-sectional shape that has been cold-drawn or otherwise cold-
finished after the initial tube formation in a manner that involves 
a change in the diameter or wall thickness of the tubing, or both. 
The subject cold-drawn mechanical tubing may be produced from either 
welded (e.g., electric resistance welded, continuous welded, etc.) 
or seamless (e.g., pierced, pilgered or extruded, etc.) carbon or 
alloy steel tubular products. It may also be heat treated after cold 
working. Such heat treatments may include, but are not limited to, 
annealing, normalizing, quenching and tempering, stress relieving or 
finish annealing. Typical cold-drawing methods for subject 
merchandise include, but are not limited to, drawing over mandrel, 
rod drawing, plug drawing, sink drawing and similar processes that 
involve reducing the outside diameter of the tubing with a die or 
similar device, whether or not controlling the inside diameter of 
the tubing with an internal support device such as a mandrel, rod, 
plug or similar device. Other cold-finishing operations that may be 
used to produce subject merchandise include cold-rolling and cold-
sizing the tubing.
    Subject cold-drawn mechanical tubing is typically certified to 
meet industry specifications for cold-drawn tubing including but not 
limited to:
    (1) American Society for Testing and Materials (ASTM) or 
American Society of Mechanical Engineers (ASME) specifications ASTM 
A-512, ASTM A-513 Type 3 (ASME SA513 Type 3), ASTM A-513 Type 4 
(ASME SA513 Type 4), ASTM A-513 Type 5 (ASME SA513 Type 5), ASTM A-
513 Type 6 (ASME SA513 Type 6), ASTM A-519 (cold-finished);
    (2) SAE International (Society of Automotive Engineers) 
specifications SAE J524, SAE J525, SAE J2833, SAE J2614, SAE J2467, 
SAE J2435, SAE J2613;
    (3) Aerospace Material Specification (AMS) AMS T-6736 (AMS 
6736), AMS 6371, AMS 5050, AMS 5075, AMS 5062, AMS 6360, AMS 6361, 
AMS 6362, AMS 6371, AMS 6372, AMS 6374, AMS 6381, AMS 6415;
    (4) United States Military Standards (MIL) MIL-T-5066 and MIL-T-
6736;
    (5) foreign standards equivalent to one of the previously listed 
ASTM, ASME, SAE, AMS or MIL specifications including but not limited 
to:
    (a) German Institute for Standardization (DIN) specifications 
DIN 2391-2, DIN 2393-2, DIN 2394-2);
    (b) European Standards (EN) EN 10305-1, EN 10305-2, EN 10305-4, 
EN 10305-6 and European national variations on those standards 
(e.g., British Standard (BS EN), Irish Standard (IS EN) and German 
Standard (DIN EN) variations, etc.);
    (c) Japanese Industrial Standard (JIS) JIS G 3441 and JIS G 
3445; and
    (6) proprietary standards that are based on one of the above-
listed standards.
    The subject cold-drawn mechanical tubing may also be dual or 
multiple certified to more than one standard. Pipe that is multiple 
certified as cold-drawn mechanical tubing and to other 
specifications not covered by this scope, is also covered by the 
scope of these order when it meets the physical description set 
forth above.
    Steel products included in the scope of these orders are 
products in which: (1) Iron predominates, by weight, over each of 
the other contained elements; and (2) the carbon content is 2 
percent or less by weight.
    For purposes of this scope, the place of cold-drawing determines 
the country of origin of the subject merchandise. Subject 
merchandise that is subject to minor working in a third country that 
occurs after drawing in one of the subject countries including, but 
not limited to, heat treatment, cutting to length, straightening, 
nondestruction testing, deburring or chamfering, remains within the 
scope of these orders.
    All products that meet the written physical description are 
within the scope of these orders unless specifically excluded or 
covered by the scope of an existing order. Merchandise that meets 
the physical description of cold-drawn mechanical tubing above is 
within the scope of these orders even if it is also dual or multiple 
certified to an otherwise excluded specification listed below. The 
following products are outside of, and/or specifically excluded 
from, the scope of these orders:
    (1) Cold-drawn stainless steel tubing, containing 10.5 percent 
or more of chromium by weight and not more than 1.2 percent of 
carbon by weight;
    (2) products certified to one or more of the ASTM, ASME or 
American Petroleum Institute (API) specifications listed below:
     ASTM A-53;
     ASTM A-106;
     ASTM A-179 (ASME SA 179);
     ASTM A-192 (ASME SA 192);
     ASTM A-209 (ASME SA 209);
     ASTM A-210 (ASME SA 210);
     ASTM A-213 (ASME SA 213);
     ASTM A-334 (ASME SA 334);
     ASTM A-423 (ASME SA 423);
     ASTM A-498;
     ASTM A-496 (ASME SA 496);
     ASTM A-199;
     ASTM A-500;
     ASTM A-556;
     ASTM A-565;
     API 5L; and
     API 5CT
except that any cold-drawn tubing product certified to one of the 
above excluded specifications will not be excluded from the scope if 
it is also dual- or multiple-certified to any other specification 
that otherwise would fall within the scope of these orders.
    The products subject to these orders are currently classified in 
the Harmonized Tariff Schedule of the United States (HTSUS) under 
item numbers: 7304.31.3000, 7304.31.6050, 7304.51.1000, 
7304.51.5005, 7304.51.5060, 7306.30.5015, 7306.30.5020, 
7306.50.5030. Subject merchandise may also enter under numbers 
7306.30.1000 and 7306.50.1000. The HTSUS subheadings above are 
provided for convenience and customs purposes only. The written 
description of the scope of these orders are dispositive.

[FR Doc. 2018-12593 Filed 6-8-18; 8:45 am]
 BILLING CODE 3510-DS-P

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