Large Diameter Welded Pipe From India: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination, 30690-30693 [2018-13564]
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30690
Federal Register / Vol. 83, No. 126 / Friday, June 29, 2018 / Notices
Dated: June 25, 2018.
David Mussatt,
Supervisory Chief, Regional Programs Unit.
[FR Doc. 2018–13961 Filed 6–28–18; 8:45 am]
BILLING CODE 6335–01–P
COMMISSION ON CIVIL RIGHTS
Notice of Public Meeting of the
Michigan Advisory Committee
AGENCY:
U.S. Commission on Civil
Rights.
ACTION:
Announcement of meeting.
Notice is hereby given,
pursuant to the provisions of the rules
and regulations of the U.S. Commission
on Civil Rights (Commission) and the
Federal Advisory Committee Act that
the Michigan Advisory Committee
(Committee) will hold a meeting on
Wednesday July 18, 2018, at 3 p.m. EDT
for the purpose discussing civil rights
concerns in the state.
DATES: The meeting will be held on
Wednesday July 18, 2018, at 3 p.m.
EDT.
Public Call Information: Dial: 877–
741–4240, Conference ID: 7669620.
FOR FURTHER INFORMATION CONTACT:
Melissa Wojnaroski, DFO, at
mwojnaroski@usccr.gov or 312–353–
8311.
SUMMARY:
sradovich on DSK3GMQ082PROD with NOTICES
SUPPLEMENTARY INFORMATION:
Members
of the public can listen to the
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call-in number. Any interested member
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Members of the public are also
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the meeting. Written comments may be
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IL 60604. They may also be faxed to the
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emailed to Carolyn Allen at callen@
usccr.gov. Persons who desire
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Persons interested in the work of this
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www.usccr.gov, or may contact the
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Agenda
Welcome and Introductions
Discussion: Civil Rights in Michigan
Public Comment
Future Plans and Actions
Adjournment
Dated: June 25, 2018.
David Mussatt,
Supervisory Chief, Regional Programs Unit.
[FR Doc. 2018–13970 Filed 6–28–18; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[S–66–2018]
Approval of Subzone Status; Amcor
Flexibles LLC; Shelbyville, Kentucky
On May 1, 2018 the Executive
Secretary of the Foreign-Trade Zones
(FTZ) Board docketed an application
submitted by the Louisville & Jefferson
County Riverport Authority, grantee of
FTZ 29, requesting subzone status
subject to the existing activation limit of
FTZ 29, on behalf of Amcor Flexibles
LLC, in Shelbyville, Kentucky.
The application was processed in
accordance with the FTZ Act and
Regulations, including notice in the
Federal Register inviting public
comment (83 FR 20034, May 7, 2018).
The FTZ staff examiner reviewed the
application and determined that it
meets the criteria for approval. Pursuant
to the authority delegated to the FTZ
Board Executive Secretary (15 CFR
PO 00000
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Fmt 4703
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400.36(f)), the application to establish
Subzone 29N was approved on June 26,
2018, subject to the FTZ Act and the
Board’s regulations, including Section
400.13, and further subject to FTZ 29’s
2,000-acre activation limit.
Dated: June 26, 2018.
Elizabeth Whiteman,
Acting Executive Secretary.
[FR Doc. 2018–14027 Filed 6–28–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[S–64–2018]
Approval of Subzone Expansion;
Brake Parts Inc.; Hazleton,
Pennsylvania
On April 30, 2018, the Executive
Secretary of the Foreign-Trade Zones
(FTZ) Board docketed an application
submitted by the Eastern Distribution
Center, Inc., grantee of FTZ 24,
requesting an expansion of Subzone 24E
on behalf of Brake Parts Inc in Hazleton,
Pennsylvania.
The application was processed in
accordance with the FTZ Act and
Regulations, including notice in the
Federal Register inviting public
comment (83 FR 19524, May 3, 2018).
The FTZ staff examiner reviewed the
application and determined that it
meets the criteria for approval. Pursuant
to the authority delegated to the FTZ
Board Executive Secretary (15 CFR
400.36(f)), the application to expand
Subzone 24E was approved on June 26,
2018, subject to the FTZ Act and the
Board’s regulations, including Section
400.13, and further subject to FTZ 24’s
2,000-acre activation limit.
Dated: June 26, 2018.
Elizabeth Whiteman,
Acting Executive Secretary.
[FR Doc. 2018–14026 Filed 6–28–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–882]
Large Diameter Welded Pipe From
India: Preliminary Affirmative
Countervailing Duty Determination and
Alignment of Final Determination With
Final Antidumping Duty Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
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Federal Register / Vol. 83, No. 126 / Friday, June 29, 2018 / Notices
The Department of Commerce
(Commerce) preliminarily determines
that countervailable subsidies are being
provided to producers and exporters of
large diameter welded pipe (welded
pipe) from India for the period of
investigation of January 1, 2017, through
December 31, 2017. Interested parties
are invited to comment on this
preliminary determination.
DATES: Applicable June 29, 2018.
FOR FURTHER INFORMATION CONTACT:
Suzanne Lam or Robert Palmer, AD/
CVD Operations, Office VIII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0783 or
(202) 482–9068, respectively.
SUPPLEMENTARY INFORMATION:
SUMMARY:
sradovich on DSK3GMQ082PROD with NOTICES
Background
This preliminary determination is
made in accordance with section 703(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on February 20, 2018.1 On April 2,
2018, Commerce postponed the
preliminary determination of this
investigation and the revised deadline is
now June 19, 2018.2 For a complete
description of the events that followed
the initiation of this investigation, see
the Preliminary Decision
Memorandum.3 A list of topics
discussed in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
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 https://
access.trade.gov, and is available to all
parties in the Central Records Unit,
Room B8024 of the main Department of
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
1 See Large Diameter Welded Pipe from India, the
People’s Republic of China, the Republic of Korea,
and the Republic of Turkey: Initiation of
Countervailing Duty Investigations, 83 FR 7148
(February 20, 2018) (Initiation Notice).
2 See Large Diameter Welded Pipe from India, the
People’s Republic of China, the Republic of Korea,
and the Republic of Turkey: Postponement of
Preliminary Determinations in the Countervailing
Duty Investigations, 83 FR 13946 (April 2, 2018).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination of the
Countervailing Duty Investigation of Large Diameter
Welded Pipe from India,’’ dated concurrently with,
and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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frn/. The signed and electronic versions
of the Preliminary Decision
Memorandum are identical in content.
Scope of the Investigation
The product covered by this
investigation is welded pipe from India.
For a complete description of the scope
of this investigation, see Appendix I.
Scope Comments
In accordance with the preamble to
Commerce’s regulations,4 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope).5 Certain interested
parties commented on the scope of the
investigation as it appeared in the
Initiation Notice.
For a summary of the product
coverage comments and rebuttal
responses submitted to the record for
this preliminary determination, and
accompanying discussion and analysis
of all comments timely received, see the
Preliminary Scope Decision
Memorandum.6 Commerce is
preliminarily modifying the scope
language as it appeared in the Initiation
Notice. See revised scope in Appendix
I. Interested parties will have the
opportunity to submit case and rebuttal
briefs on the preliminary scope
determinations. We will notify parties of
the due dates for these briefs at a later
time.
Methodology
Commerce is conducting this
investigation in accordance with section
701 of the Act. For each of the subsidy
programs found countervailable,
Commerce preliminarily determines
that there is a subsidy, i.e., a financial
contribution by an ‘‘authority’’ that
gives rise to a benefit to the recipient,
and that the subsidy is specific.7
Commerce notes that, in making these
findings, it relied, in part, on facts
available and, because it finds that one
or more respondents did not act to the
best of their ability to respond to
Commerce’s requests for information, it
drew an adverse inference where
appropriate in selecting from among the
facts otherwise available.8 For further
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
5 See Initiation Notice.
6 See Memorandum, ‘‘Large Diameter Welded
Pipe from Canada, Greece, India, the People’s
Republic of China, the Republic of Korea, and the
Republic of Turkey: Scope Comments Decision
Memorandum for the Preliminary Determinations,’’
dated concurrently with this notice (Preliminary
Scope Decision Memorandum).
7 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
8 See sections 776(a) and (b) of the Act.
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30691
information, see ‘‘Use of Facts
Otherwise Available and Adverse
Inferences’’ in the Preliminary Decision
Memorandum.
Alignment
In accordance with section 705(a)(1)
of the Act and 19 CFR 351.210(b)(4),
Commerce is aligning the final
countervailing duty (CVD)
determination in this investigation with
the final determination in the
companion antidumping duty (AD)
investigation of welded pipe from India,
based on a request made by American
Cast Iron Pipe Company, Berg Steel Pipe
Corp./Berg Spiral Pipe Corp, Dura-Bond
Industries, Skyline Steel, Stupp
Corporation, Greens Bayou Pipe Mill,
LP, JSW Steel (USA) Inc., and Trinity
Products LLC (collectively, the
petitioners).9 Consequently, the final
CVD determination will be issued on
the same date as the final AD
determination, which is currently
scheduled to be issued no later than
November 5, 2018, unless postponed.
All-Others Rate
Sections 703(d) and 705(c)(5)(A) of
the Act provide that in the preliminary
determination, Commerce shall
determine an estimated all-others rate
for companies not individually
investigated. This rate shall be an
amount equal to the weighted average of
the estimated subsidy rates established
for those companies individually
investigated, excluding any zero and de
minimis rates and any rates based
entirely under section 776 of the Act.
Pursuant to section 705(c)(5)(A)(ii) of
the Act, if the individual estimated
countervailable subsidy rates
established for all exporters and
producers individually investigated are
zero, de minimis or determined based
entirely on facts otherwise available,
Commerce may use any reasonable
method to establish the estimated
subsidy rate for all-other producers or
exporters. In this case, the
countervailable subsidy rate calculated
for the investigated companies is based
entirely on facts available under section
776 of the Act. However, there is no
other information on the record upon
which to determine an all-others rate.
As a result, we have used the rate
assigned to Bhushan Steel and Welspun
Trading Limited as the all-others rate.
9 See Petitioners’ Letter, ‘‘Large Diameter Welded
Pipe from India: Request to Align Countervailing
Duty Investigation Final Determination with
Antidumping Duty Investigation Final
Determination,’’ dated June 5, 2018.
E:\FR\FM\29JNN1.SGM
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Federal Register / Vol. 83, No. 126 / Friday, June 29, 2018 / Notices
This method is consistent with
Commerce’s past practice.10
Preliminary Determination
Commerce preliminarily determines
that the following estimated
countervailable subsidy rates exist:
Public Comment
Subsidy rate
(percent)
Case briefs or other written comments
may be submitted to the Assistant
Bhushan Steel ......................
541.15 Secretary for Enforcement and
Welspun Trading Limited ......
541.15 Compliance at a date to be determined.
All-Others ..............................
541.15 Rebuttal briefs, limited to issues raised
in case briefs, may be submitted no later
Suspension of Liquidation
than five days after the deadline date for
case briefs.11 Pursuant to 19 CFR
In accordance with section
351.309(c)(2) and (d)(2), parties who
703(d)(1)(B) and (d)(2) of the Act,
Commerce will direct U.S. Customs and submit case briefs or rebuttal briefs in
this investigation are encouraged to
Border Protection (CBP) to suspend
submit with each argument: (1) A
liquidation of entries of subject
statement of the issue; (2) a brief
merchandise as described in the scope
summary of the argument; and (3) a
of the investigation section entered, or
table of authorities.
withdrawn from warehouse, for
Pursuant to 19 CFR 351.310(c),
consumption on or after the date of
publication of this notice in the Federal interested parties who wish to request a
hearing, limited to issues raised in the
Register. Further, pursuant to 19 CFR
351.205(d), Commerce will instruct CBP case and rebuttal briefs, must submit a
written request to the Assistant
to require a cash deposit equal to the
Secretary for Enforcement and
rates indicated above.
Compliance, U.S. Department of
Disclosure
Commerce within 30 days after the date
Normally, Commerce discloses to
of publication of this notice. Requests
interested parties the calculations
should contain the party’s name,
performed in connection with a
address, and telephone number, the
preliminary determination within five
number of participants, whether any
days of its public announcement, or if
participant is a foreign national, and a
there is no public announcement,
list of the issues to be discussed. If a
within five days of the date of
request for a hearing is made, Commerce
publication of the notice of preliminary
intends to hold the hearing at the U.S.
determination in the Federal Register,
Department of Commerce, 1401
in accordance with 19 CFR 351.224(b).
Constitution Avenue NW, Washington,
However, because Commerce
DC 20230, at a time and date to be
preliminarily applied AFA to the
determined. Parties should confirm by
individually examined companies
telephone the date, time, and location of
(Bhushan Steel and Welspun Trading
the hearing two days before the
Limited) in this investigation, in
scheduled date.
accordance with section 776 of the Act,
International Trade Commission
and because our calculation of the AFA
Notification
subsidy rate is outlined in Appendix I
of the Preliminary Decision
In accordance with section 703(f) of
Memorandum, there are no further
the Act, Commerce will notify the
calculations to disclose.
International Trade Commission (ITC) of
its preliminary determination. Pursuant
Verification
to section 705(b)(2) of the Act, if the
Because the examined respondents in final determination is affirmative, the
this investigation did not provide
ITC will make its final injury
information requested by Commerce,
determination before the later of 120
and Commerce preliminarily determines days after the date of Commerce’s
each of the examined respondents to
affirmative preliminary determination
have been uncooperative, it will not
or 45 days after the date of Commerce’s
conduct verification of the mandatory
affirmative final determination.
respondents. The Government of India
Notification to Interested Parties
(GOI) did provide some information
requested by Commerce; Commerce
This determination is issued and
published pursuant to sections 703(f)
10
Company
sradovich on DSK3GMQ082PROD with NOTICES
intends to seek additional information
after the preliminary determination
concerning certain programs the GOI
claimed the mandatory respondents did
not use, and may verify any information
received, if appropriate.
See, e.g., Circular Welded Carbon-Quality Steel
Pipe from India: Final Affirmative Countervailing
Duty Determination, 77 FR 64468 (October 22,
2012).
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11 See
19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
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Frm 00010
Fmt 4703
Sfmt 4703
and 777(i) of the Act and 19 CFR
351.205(c).
Dated: June 19, 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 merchandise covered by this
investigation is welded carbon and alloy steel
pipe (including stainless steel pipe), more
than 406.4 mm (16 inches) in nominal
outside diameter (large diameter welded
pipe), regardless of wall thickness, length,
surface finish, grade, end finish, or
stenciling. Large diameter welded pipe may
be used to transport oil, gas, slurry, steam, or
other fluids, liquids, or gases. It may also be
used for structural purposes, including, but
not limited to, piling. Specifically, not
included is large diameter welded pipe
produced only to specifications of the
American Water Works Association (AWWA)
for water and sewage pipe.
Large diameter welded pipe used to
transport oil, gas, or natural gas liquids is
normally produced to the American
Petroleum Institute (API) specification 5L.
Large diameter welded pipe may also be
produced to American Society for Testing
and Materials (ASTM) standards A500, A252,
or A53, or other relevant domestic
specifications, grades and/or standards. Large
diameter welded pipe can be produced to
comparable foreign specifications, grades
and/or standards or to proprietary
specifications, grades and/or standards, or
can be non-graded material. All pipe meeting
the physical description set forth above is
covered by the scope of this investigation,
whether or not produced according to a
particular standard.
Subject merchandise also includes large
diameter welded pipe that has been further
processed in a third country, including but
not limited to coating, painting, notching,
beveling, cutting, punching, welding, or any
other processing that would not otherwise
remove the merchandise from the scope of
the investigation if performed in the country
of manufacture of the in-scope large diameter
welded pipe.
The large diameter welded pipe that is
subject to this investigation is currently
classifiable in the Harmonized Tariff
Schedule of the United States (HTSUS) under
subheadings 7305.11.1030, 7305.11.1060,
7305.11.5000, 7305.12.1030, 7305.12.1060,
7305.12.5000, 7305.19.1030, 7305.19.1060,
7305.19.5000, 7305.31.4000, 7305.31.6010,
7305.31.6090, 7305.39.1000 and
7305.39.5000. While the HTSUS subheadings
are provided for convenience and customs
purposes, the written description of the
scope of this investigation is dispositive.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
E:\FR\FM\29JNN1.SGM
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Federal Register / Vol. 83, No. 126 / Friday, June 29, 2018 / Notices
II. Background
III. Injury Test
IV. Use of Facts Otherwise Available and
Adverse Inferences
V. Analysis of Programs
VI. Conclusion
[FR Doc. 2018–13564 Filed 6–28–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–580–898]
Large Diameter Welded Pipe From the
Republic of Korea: Preliminary
Affirmative Countervailing Duty
Determination and Alignment of Final
Determination With Final Antidumping
Duty Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that countervailable subsidies are being
provided to producers and exporters of
large diameter welded pipe (welded
pipe) from the Republic of Korea (Korea)
for the period of investigation of January
1, 2017, through December 31, 2017.
Interested parties are invited to
comment on this preliminary
determination.
AGENCY:
DATES:
Applicable June 29, 2018.
FOR FURTHER INFORMATION CONTACT:
George Ayache, Irene Gorelik, or Robert
Palmer, AD/CVD Operations, Office
VIII, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–2623,
(202) 482–6905, or (202) 482–9068,
respectively.
SUPPLEMENTARY INFORMATION:
sradovich on DSK3GMQ082PROD with NOTICES
Background
This preliminary determination is
made in accordance with section 703(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on February 20, 2018.1 On April 2,
2018, Commerce postponed the
preliminary determination of this
investigation and the revised deadline is
now June 19, 2018.2 For a complete
1 See Large Diameter Welded Pipe from India, the
People’s Republic of China, the Republic of Korea,
and the Republic of Turkey: Initiation of
Countervailing Duty Investigations, 83 FR 7148
(February 20, 2018) (Initiation Notice).
2 See Large Diameter Welded Pipe from India, the
People’s Republic of China, the Republic of Korea,
and the Republic of Turkey: Postponement of
VerDate Sep<11>2014
17:58 Jun 28, 2018
Jkt 244001
description of the events that followed
the initiation of this investigation, see
the Preliminary Decision
Memorandum.3 A list of topics
discussed in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
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 https://
access.trade.gov, and is available to all
parties in the Central Records Unit,
Room B8024 of the main Department of
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed and electronic versions
of the Preliminary Decision
Memorandum are identical in content.
Scope of the Investigation
The product covered by this
investigation is welded pipe from Korea.
For a complete description of the scope
of this investigation, see Appendix I.
Scope Comments
In accordance with the preamble to
Commerce’s regulations,4 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope).5 Certain interested
parties commented on the scope of the
investigation as it appeared in the
Initiation Notice.
For a summary of the product
coverage comments and rebuttal
responses submitted to the record for
this preliminary determination, and
accompanying discussion and analysis
of all comments timely received, see the
Preliminary Scope Decision
Memorandum.6 Commerce is
preliminarily modifying the scope
language as it appeared in the Initiation
Notice. See revised scope in Appendix
I. Interested parties will have the
opportunity to submit case and rebuttal
Preliminary Determinations in the Countervailing
Duty Investigations, 83 FR 13946 (April 2, 2018).
3 See Memorandum, ‘‘Decision Memorandum for
the Affirmative Preliminary Determination of the
Countervailing Duty Investigation of Large Diameter
Welded Pipe from the Republic of Korea,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
5 See Initiation Notice.
6 See Memorandum, ‘‘Large Diameter Welded
Pipe from Canada, Greece, India, the People’s
Republic of China, the Republic of Korea, and the
Republic of Turkey: Scope Comments Decision
Memorandum for the Preliminary Determinations,’’
dated concurrently with this notice (Preliminary
Scope Decision Memorandum).
PO 00000
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Fmt 4703
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30693
briefs on the preliminary scope
determinations. We will notify parties of
the due dates for these briefs at a later
time.
Methodology
Commerce is conducting this
investigation in accordance with section
701 of the Act. For each of the subsidy
programs found countervailable,
Commerce preliminarily determines
that there is a subsidy, i.e., a financial
contribution by an ‘‘authority’’ that
gives rise to a benefit to the recipient,
and that the subsidy is specific.7
Commerce notes that, in making these
findings, it relied, in part, on facts
available and, because it finds that one
or more respondents did not act to the
best of their ability to respond to
Commerce’s requests for information, it
drew an adverse inference where
appropriate in selecting from among the
facts otherwise available.8 For further
information, see ‘‘Use of Facts
Otherwise Available and Adverse
Inferences’’ in the Preliminary Decision
Memorandum.
Alignment
In accordance with section 705(a)(1)
of the Act and 19 CFR 351.210(b)(4),
Commerce is aligning the final
countervailing duty (CVD)
determination in this investigation with
the final determination in the
companion antidumping duty (AD)
investigation of welded pipe from Korea
based on a request made by American
Cast Iron Pipe Company, Berg Steel Pipe
Corp./Berg Spiral Pipe Corp, Dura-Bond
Industries, Skyline Steel, Stupp
Corporation, Greens Bayou Pipe Mill,
LP, JSW Steel (USA) Inc., and Trinity
Products LLC (collectively, the
petitioners).9 Consequently, the final
CVD determination will be issued on
the same date as the final AD
determination, which is currently
scheduled to be issued no later than
November 5, 2018, unless postponed.
All-Others Rate
Sections 703(d) and 705(c)(5)(A) of
the Act provide that in the preliminary
determination, Commerce shall
determine an estimated all-others rate
for companies not individually
investigated. This rate shall be an
7 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
8 See sections 776(a) and (b) of the Act.
9 See Petitioners’ Letter, ‘‘Large Diameter Welded
Pipe from the Republic of Korea: Request to Align
Countervailing Duty Investigation Final
Determination with Antidumping Duty
Investigation Final Determination,’’ dated June 5,
2018.
E:\FR\FM\29JNN1.SGM
29JNN1
]]>Agencies
[Federal Register Volume 83, Number 126 (Friday, June 29, 2018)]
[Notices]
[Pages 30690-30693]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13564]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-882]
Large Diameter Welded Pipe From India: Preliminary Affirmative
Countervailing Duty Determination and Alignment of Final Determination
With Final Antidumping Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
[[Page 30691]]
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that countervailable subsidies are being provided to producers and
exporters of large diameter welded pipe (welded pipe) from India for
the period of investigation of January 1, 2017, through December 31,
2017. Interested parties are invited to comment on this preliminary
determination.
DATES: Applicable June 29, 2018.
FOR FURTHER INFORMATION CONTACT: Suzanne Lam or Robert Palmer, AD/CVD
Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-0783 or (202)
482-9068, respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
703(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on February
20, 2018.\1\ On April 2, 2018, Commerce postponed the preliminary
determination of this investigation and the revised deadline is now
June 19, 2018.\2\ For a complete description of the events that
followed the initiation of this investigation, see the Preliminary
Decision Memorandum.\3\ A list of topics discussed in the Preliminary
Decision Memorandum is included as Appendix II to this notice. The
Preliminary 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 https://access.trade.gov, and
is available to all parties in the Central Records Unit, Room B8024 of
the main Department of Commerce building. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/. The signed and electronic
versions of the Preliminary Decision Memorandum are identical in
content.
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\1\ See Large Diameter Welded Pipe from India, the People's
Republic of China, the Republic of Korea, and the Republic of
Turkey: Initiation of Countervailing Duty Investigations, 83 FR 7148
(February 20, 2018) (Initiation Notice).
\2\ See Large Diameter Welded Pipe from India, the People's
Republic of China, the Republic of Korea, and the Republic of
Turkey: Postponement of Preliminary Determinations in the
Countervailing Duty Investigations, 83 FR 13946 (April 2, 2018).
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination of the Countervailing Duty Investigation of Large
Diameter Welded Pipe from India,'' dated concurrently with, and
hereby adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Investigation
The product covered by this investigation is welded pipe from
India. For a complete description of the scope of this investigation,
see Appendix I.
Scope Comments
In accordance with the preamble to Commerce's regulations,\4\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\5\ Certain interested
parties commented on the scope of the investigation as it appeared in
the Initiation Notice.
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\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice.
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For a summary of the product coverage comments and rebuttal
responses submitted to the record for this preliminary determination,
and accompanying discussion and analysis of all comments timely
received, see the Preliminary Scope Decision Memorandum.\6\ Commerce is
preliminarily modifying the scope language as it appeared in the
Initiation Notice. See revised scope in Appendix I. Interested parties
will have the opportunity to submit case and rebuttal briefs on the
preliminary scope determinations. We will notify parties of the due
dates for these briefs at a later time.
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\6\ See Memorandum, ``Large Diameter Welded Pipe from Canada,
Greece, India, the People's Republic of China, the Republic of
Korea, and the Republic of Turkey: Scope Comments Decision
Memorandum for the Preliminary Determinations,'' dated concurrently
with this notice (Preliminary Scope Decision Memorandum).
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Methodology
Commerce is conducting this investigation in accordance with
section 701 of the Act. For each of the subsidy programs found
countervailable, Commerce preliminarily determines that there is a
subsidy, i.e., a financial contribution by an ``authority'' that gives
rise to a benefit to the recipient, and that the subsidy is
specific.\7\
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\7\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
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Commerce notes that, in making these findings, it relied, in part,
on facts available and, because it finds that one or more respondents
did not act to the best of their ability to respond to Commerce's
requests for information, it drew an adverse inference where
appropriate in selecting from among the facts otherwise available.\8\
For further information, see ``Use of Facts Otherwise Available and
Adverse Inferences'' in the Preliminary Decision Memorandum.
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\8\ See sections 776(a) and (b) of the Act.
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Alignment
In accordance with section 705(a)(1) of the Act and 19 CFR
351.210(b)(4), Commerce is aligning the final countervailing duty (CVD)
determination in this investigation with the final determination in the
companion antidumping duty (AD) investigation of welded pipe from
India, based on a request made by American Cast Iron Pipe Company, Berg
Steel Pipe Corp./Berg Spiral Pipe Corp, Dura-Bond Industries, Skyline
Steel, Stupp Corporation, Greens Bayou Pipe Mill, LP, JSW Steel (USA)
Inc., and Trinity Products LLC (collectively, the petitioners).\9\
Consequently, the final CVD determination will be issued on the same
date as the final AD determination, which is currently scheduled to be
issued no later than November 5, 2018, unless postponed.
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\9\ See Petitioners' Letter, ``Large Diameter Welded Pipe from
India: Request to Align Countervailing Duty Investigation Final
Determination with Antidumping Duty Investigation Final
Determination,'' dated June 5, 2018.
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All-Others Rate
Sections 703(d) and 705(c)(5)(A) of the Act provide that in the
preliminary determination, Commerce shall determine an estimated all-
others rate for companies not individually investigated. This rate
shall be an amount equal to the weighted average of the estimated
subsidy rates established for those companies individually
investigated, excluding any zero and de minimis rates and any rates
based entirely under section 776 of the Act.
Pursuant to section 705(c)(5)(A)(ii) of the Act, if the individual
estimated countervailable subsidy rates established for all exporters
and producers individually investigated are zero, de minimis or
determined based entirely on facts otherwise available, Commerce may
use any reasonable method to establish the estimated subsidy rate for
all-other producers or exporters. In this case, the countervailable
subsidy rate calculated for the investigated companies is based
entirely on facts available under section 776 of the Act. However,
there is no other information on the record upon which to determine an
all-others rate. As a result, we have used the rate assigned to Bhushan
Steel and Welspun Trading Limited as the all-others rate.
[[Page 30692]]
This method is consistent with Commerce's past practice.\10\
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\10\ See, e.g., Circular Welded Carbon-Quality Steel Pipe from
India: Final Affirmative Countervailing Duty Determination, 77 FR
64468 (October 22, 2012).
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Preliminary Determination
Commerce preliminarily determines that the following estimated
countervailable subsidy rates exist:
------------------------------------------------------------------------
Subsidy rate
Company (percent)
------------------------------------------------------------------------
Bhushan Steel........................................... 541.15
Welspun Trading Limited................................. 541.15
All-Others.............................................. 541.15
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Suspension of Liquidation
In accordance with section 703(d)(1)(B) and (d)(2) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
suspend liquidation of entries of subject merchandise as described in
the scope of the investigation section entered, or withdrawn from
warehouse, for consumption on or after the date of publication of this
notice in the Federal Register. Further, pursuant to 19 CFR 351.205(d),
Commerce will instruct CBP to require a cash deposit equal to the rates
indicated above.
Disclosure
Normally, Commerce discloses to interested parties the calculations
performed in connection with a preliminary determination within five
days of its public announcement, or if there is no public announcement,
within five days of the date of publication of the notice of
preliminary determination in the Federal Register, in accordance with
19 CFR 351.224(b). However, because Commerce preliminarily applied AFA
to the individually examined companies (Bhushan Steel and Welspun
Trading Limited) in this investigation, in accordance with section 776
of the Act, and because our calculation of the AFA subsidy rate is
outlined in Appendix I of the Preliminary Decision Memorandum, there
are no further calculations to disclose.
Verification
Because the examined respondents in this investigation did not
provide information requested by Commerce, and Commerce preliminarily
determines each of the examined respondents to have been uncooperative,
it will not conduct verification of the mandatory respondents. The
Government of India (GOI) did provide some information requested by
Commerce; Commerce intends to seek additional information after the
preliminary determination concerning certain programs the GOI claimed
the mandatory respondents did not use, and may verify any information
received, if appropriate.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance at a date to be
determined. Rebuttal briefs, limited to issues raised in case briefs,
may be submitted no later than five days after the deadline date for
case briefs.\11\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties
who submit case briefs or rebuttal briefs in this investigation are
encouraged to submit with each argument: (1) A statement of the issue;
(2) a brief summary of the argument; and (3) a table of authorities.
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\11\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing at the U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time
and date to be determined. Parties should confirm by telephone the
date, time, and location of the hearing two days before the scheduled
date.
International Trade Commission Notification
In accordance with section 703(f) of the Act, Commerce will notify
the International Trade Commission (ITC) of its preliminary
determination. Pursuant to section 705(b)(2) of the Act, if the final
determination is affirmative, the ITC will make its final injury
determination before the later of 120 days after the date of Commerce's
affirmative preliminary determination or 45 days after the date of
Commerce's affirmative final determination.
Notification to Interested Parties
This determination is issued and published pursuant to sections
703(f) and 777(i) of the Act and 19 CFR 351.205(c).
Dated: June 19, 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 merchandise covered by this investigation is welded carbon
and alloy steel pipe (including stainless steel pipe), more than
406.4 mm (16 inches) in nominal outside diameter (large diameter
welded pipe), regardless of wall thickness, length, surface finish,
grade, end finish, or stenciling. Large diameter welded pipe may be
used to transport oil, gas, slurry, steam, or other fluids, liquids,
or gases. It may also be used for structural purposes, including,
but not limited to, piling. Specifically, not included is large
diameter welded pipe produced only to specifications of the American
Water Works Association (AWWA) for water and sewage pipe.
Large diameter welded pipe used to transport oil, gas, or
natural gas liquids is normally produced to the American Petroleum
Institute (API) specification 5L. Large diameter welded pipe may
also be produced to American Society for Testing and Materials
(ASTM) standards A500, A252, or A53, or other relevant domestic
specifications, grades and/or standards. Large diameter welded pipe
can be produced to comparable foreign specifications, grades and/or
standards or to proprietary specifications, grades and/or standards,
or can be non-graded material. All pipe meeting the physical
description set forth above is covered by the scope of this
investigation, whether or not produced according to a particular
standard.
Subject merchandise also includes large diameter welded pipe
that has been further processed in a third country, including but
not limited to coating, painting, notching, beveling, cutting,
punching, welding, or any other processing that would not otherwise
remove the merchandise from the scope of the investigation if
performed in the country of manufacture of the in-scope large
diameter welded pipe.
The large diameter welded pipe that is subject to this
investigation is currently classifiable in the Harmonized Tariff
Schedule of the United States (HTSUS) under subheadings
7305.11.1030, 7305.11.1060, 7305.11.5000, 7305.12.1030,
7305.12.1060, 7305.12.5000, 7305.19.1030, 7305.19.1060,
7305.19.5000, 7305.31.4000, 7305.31.6010, 7305.31.6090, 7305.39.1000
and 7305.39.5000. While the HTSUS subheadings are provided for
convenience and customs purposes, the written description of the
scope of this investigation is dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
[[Page 30693]]
II. Background
III. Injury Test
IV. Use of Facts Otherwise Available and Adverse Inferences
V. Analysis of Programs
VI. Conclusion
[FR Doc. 2018-13564 Filed 6-28-18; 8:45 am]
BILLING CODE 3510-DS-P
