Large Diameter Welded Pipe From the Republic of Turkey: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination, 30697-30699 [2018-13565]
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Federal Register / Vol. 83, No. 126 / Friday, June 29, 2018 / Notices
Public Comment
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance no later than thirty days
after the date of publication of this
notice in the Federal Register. 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.
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 this preliminary
determination or 45 days after the final
determination.
sradovich on DSK3GMQ082PROD with NOTICES
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).
VerDate Sep<11>2014
17:58 Jun 28, 2018
Jkt 244001
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.
III. Injury Test
IV. Application of the CVD Law to Imports
From China
V. Use of Facts Otherwise Available and
Adverse Inferences
VI. Calculation of the All-Others Rate
VII. Conclusion
Appendix I
[FR Doc. 2018–13567 Filed 6–28–18; 8:45 am]
BILLING CODE 3510–DS–P
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
11 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
30697
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
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Fmt 4703
Sfmt 4703
DEPARTMENT OF COMMERCE
International Trade Administration
[C–489–834]
Large Diameter Welded Pipe From the
Republic of Turkey: 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 Turkey
(Turkey) 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.
Ross
Belliveau or Ajay Menon, AD/CVD
Operations, Office II, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–4952 or (202) 482–1993,
respectively.
FOR FURTHER INFORMATION CONTACT:
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
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,
E:\FR\FM\29JNN1.SGM
Continued
29JNN1
30698
Federal Register / Vol. 83, No. 126 / Friday, June 29, 2018 / Notices
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
Turkey. For a complete description of
the scope of this investigation, see
Appendix I.
sradovich on DSK3GMQ082PROD with NOTICES
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
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 Affirmative Preliminary Determination of the
Countervailing Duty Investigation of Large Diameter
Welded Pipe from the Republic of Turkey,’’ 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).
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17:58 Jun 28, 2018
Jkt 244001
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
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
Turkey 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).8 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.
In this investigation, Commerce
calculated individual estimated
countervailable subsidy rates for
Borusan Mannesmann Boru Sanayi ve
Ticaret A.S. (Borusan) and HDM Celik
¸
Boru Sanayi ve Ticaret A.S. (HDM
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 Petitioners’ Letter, ‘‘Large Diameter Welded
Pipe from the Republic of Turkey: Request to Align
Countervailing Duty Investigation Final
Determination with Antidumping Duty
Investigation Final Determination,’’ dated June 5,
2018.
PO 00000
Frm 00016
Fmt 4703
Sfmt 4703
Celik) that are not zero, de minimis, or
based entirely on facts otherwise
available. Commerce calculated the allothers’ rate using a weighted average of
the individual estimated subsidy rates
calculated for the examined respondents
using each company’s publicly-ranged
values for the merchandise under
consideration.9
Preliminary Determination
Commerce preliminarily determines
that the following estimated
countervailable subsidy rates exist:
Company
HDM Celik Boru Sanayi ve
¸
Ticaret A.S.10 ..........................
Borusan Mannesmann Boru
Sanayi ve Ticaret A.S.11 .........
All-Others ....................................
Subsidy
rate
(percent)
3.76
1.08
1.89
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
Commerce intends to disclose its
calculations and analysis performed to
9 With two respondents under examination,
Commerce normally calculates (A) a weightedaverage of the estimated subsidy rates calculated for
the examined respondents; (B) a simple average of
the estimated subsidy rates calculated for the
examined respondents; and (C) a weighted-average
of the estimated subsidy rates calculated for the
examined respondents using each company’s
publicly-ranged U.S. sale quantities for the
merchandise under consideration. Commerce then
compares (B) and (C) to (A) and selects the rate
closest to (A) as the most appropriate rate for all
other producers and exporters. See, e.g., Ball
Bearings and Parts Thereof from France, Germany,
Italy, Japan, and the United Kingdom: Final Results
of Antidumping Duty Administrative Reviews, Final
Results of Changed-Circumstances Review, and
Revocation of an Order in Part, 75 FR 53661, 53663
(September 1, 2010). As complete publicly ranged
sales data was available, Commerce based the allothers rate on the publicly ranged sales data of the
mandatory respondents. For a complete analysis of
the data, please see the All-Others’ Rate Calculation
Memorandum.
10 As discussed in the Preliminary Decision
Memorandum, Commerce has found the following
company to be cross-owned with HDM Celik: HDM
Spiral Kaynakli Celik Boru A.S.
11 following companies to be cross-owned with
Borusan: Borusan Mannesmann Boru Yatirim
Holding A.S., and Borusan Holding A.S.
E:\FR\FM\29JNN1.SGM
29JNN1
Federal Register / Vol. 83, No. 126 / Friday, June 29, 2018 / Notices
interested parties in this preliminary
determination within five days of its
public announcement, or if there is no
public announcement, within five days
of the date of publication the notice of
preliminary determination in the
Federal Register, in accordance with 19
CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the
Act, Commerce intends to verify the
information relied upon in making its
final determination.
sradovich on DSK3GMQ082PROD with NOTICES
Public Comment
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance no later than seven days
after the date on which the last
verification report is issued in this
investigation. Rebuttal briefs, limited to
issues raised in case briefs, may be
submitted no later than five days after
the deadline date for case briefs.12
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.
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
12 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
VerDate Sep<11>2014
17:58 Jun 28, 2018
Jkt 244001
determination before the later of 120
days after the date of this preliminary
determination or 45 days after the 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.
Excluded from the scope are any products
covered by the existing countervailing duty
order on welded line pipe from the Republic
of Turkey. See Welded Line Pipe from the
Republic of Turkey: Countervailing Duty
Order, 80 FR 75054 (December 1, 2015).
The large diameter welded pipe that is
subject to this investigation is currently
classifiable in the Harmonized Tariff
PO 00000
Frm 00017
Fmt 4703
Sfmt 4703
30699
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
II. Background
III. Injury Test
IV. Subsidies Valuation
V. Analysis of Programs
VI. Conclusion
[FR Doc. 2018–13565 Filed 6–28–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–085]
Certain Quartz Surface Products From
the People’s Republic of China:
Postponement of Preliminary
Determination in the Countervailing
Duty Investigation
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce.
DATES: Applicable June 29, 2018.
FOR FURTHER INFORMATION CONTACT:
Darla Brown or Terre Keaton Stefanova,
AD/CVD Operations, Office II,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1791, or
(202) 482–1280, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On May 7, 2018, the Department of
Commerce (Commerce) initiated a
countervailing duty (CVD) investigation
on certain quartz surface products from
the People’s Republic of China.1
Currently, the preliminary
determination is due no later than July
11, 2018.
Postponement of the Preliminary
Determination
Section 703(b)(1) of the Tariff Act of
1930, as amended (the Act), requires
Commerce to issue the preliminary
1 See Certain Quartz Surface Products from the
People’s Republic of China: Initiation of
Countervailing Duty Investigation, 83 FR 22618
(May 16, 2018).
E:\FR\FM\29JNN1.SGM
29JNN1
Agencies
[Federal Register Volume 83, Number 126 (Friday, June 29, 2018)]
[Notices]
[Pages 30697-30699]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13565]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-489-834]
Large Diameter Welded Pipe From the Republic of Turkey:
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.
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 Turkey (Turkey) 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: Ross Belliveau or Ajay Menon, AD/CVD
Operations, Office II, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4952 or (202) 482-1993,
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
[[Page 30698]]
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.
---------------------------------------------------------------------------
\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 Affirmative
Preliminary Determination of the Countervailing Duty Investigation
of Large Diameter Welded Pipe from the Republic of Turkey,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is welded pipe from
Turkey. 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.
---------------------------------------------------------------------------
\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See 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.
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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
Turkey 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).\8\
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.
---------------------------------------------------------------------------
\8\ See Petitioners' Letter, ``Large Diameter Welded Pipe from
the Republic of Turkey: Request to Align Countervailing Duty
Investigation Final Determination with Antidumping Duty
Investigation Final Determination,'' dated June 5, 2018.
---------------------------------------------------------------------------
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.
In this investigation, Commerce calculated individual estimated
countervailable subsidy rates for Borusan Mannesmann Boru Sanayi ve
Ticaret A.S. (Borusan) and HDM [Ccedil]elik Boru Sanayi ve Ticaret A.S.
(HDM Celik) that are not zero, de minimis, or based entirely on facts
otherwise available. Commerce calculated the all-others' rate using a
weighted average of the individual estimated subsidy rates calculated
for the examined respondents using each company's publicly-ranged
values for the merchandise under consideration.\9\
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\9\ With two respondents under examination, Commerce normally
calculates (A) a weighted-average of the estimated subsidy rates
calculated for the examined respondents; (B) a simple average of the
estimated subsidy rates calculated for the examined respondents; and
(C) a weighted-average of the estimated subsidy rates calculated for
the examined respondents using each company's publicly-ranged U.S.
sale quantities for the merchandise under consideration. Commerce
then compares (B) and (C) to (A) and selects the rate closest to (A)
as the most appropriate rate for all other producers and exporters.
See, e.g., Ball Bearings and Parts Thereof from France, Germany,
Italy, Japan, and the United Kingdom: Final Results of Antidumping
Duty Administrative Reviews, Final Results of Changed-Circumstances
Review, and Revocation of an Order in Part, 75 FR 53661, 53663
(September 1, 2010). As complete publicly ranged sales data was
available, Commerce based the all-others rate on the publicly ranged
sales data of the mandatory respondents. For a complete analysis of
the data, please see the All-Others' Rate Calculation Memorandum.
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Preliminary Determination
Commerce preliminarily determines that the following estimated
countervailable subsidy rates exist:
------------------------------------------------------------------------
Subsidy
Company rate
(percent)
------------------------------------------------------------------------
HDM [Ccedil]elik Boru Sanayi ve Ticaret A.S.\10\............ 3.76
Borusan Mannesmann Boru Sanayi ve Ticaret A.S.\11\.......... 1.08
All-Others.................................................. 1.89
------------------------------------------------------------------------
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.
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\10\ As discussed in the Preliminary Decision Memorandum,
Commerce has found the following company to be cross-owned with HDM
Celik: HDM Spiral Kaynakli Celik Boru A.S.
\11\ following companies to be cross-owned with Borusan: Borusan
Mannesmann Boru Yatirim Holding A.S., and Borusan Holding A.S.
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Disclosure
Commerce intends to disclose its calculations and analysis
performed to
[[Page 30699]]
interested parties in this preliminary determination within five days
of its public announcement, or if there is no public announcement,
within five days of the date of publication the notice of preliminary
determination in the Federal Register, in accordance with 19 CFR
351.224(b).
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify the information relied upon in making its final determination.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which the last verification report is issued in
this investigation. Rebuttal briefs, limited to issues raised in case
briefs, may be submitted no later than five days after the deadline
date for case briefs.\12\ 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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\12\ 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 this
preliminary determination or 45 days after the 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.
Excluded from the scope are any products covered by the existing
countervailing duty order on welded line pipe from the Republic of
Turkey. See Welded Line Pipe from the Republic of Turkey:
Countervailing Duty Order, 80 FR 75054 (December 1, 2015).
The large diameter welded pipe that is subject to 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
II. Background
III. Injury Test
IV. Subsidies Valuation
V. Analysis of Programs
VI. Conclusion
[FR Doc. 2018-13565 Filed 6-28-18; 8:45 am]
BILLING CODE 3510-DS-P