Large Diameter Welded Pipe From the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Determination, 30695-30697 [2018-13567]
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Federal Register / Vol. 83, No. 126 / Friday, June 29, 2018 / Notices
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Injury Test
IV. Use of Facts Otherwise Available and
Adverse Inferences
V. Subsidies Valuation
VI. Analysis of Programs
VII. Conclusion
[FR Doc. 2018–13566 Filed 6–28–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–982]
Utility Scale Wind Towers From the
People’s Republic of China:
Rescission of Countervailing Duty
Administrative Review; 2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is rescinding the
administrative review of the
countervailing duty order on utility
scale wind towers from the People’s
Republic of China (China) for the period
January 1, 2017, through December 31,
2017.
DATES: Applicable June 29, 2018.
FOR FURTHER INFORMATION CONTACT: John
Conniff, AD/CVD Operations, Office III,
Enforcement and Compliance,
International Trade Administration,
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1009.
SUPPLEMENTARY INFORMATION:
AGENCY:
sradovich on DSK3GMQ082PROD with NOTICES
Background
On April 16, 2018, based on a timely
request for review by the Wind Tower
Trade Coalition (the petitioner),1
Commerce published in the Federal
Register a notice of initiation of an
administrative review of the
countervailing duty order on utility
scale wind towers from China with
respect to 56 companies for the period
January 1, 2017, through December 31,
2017.2 On May 21, 2018, the petitioner
withdrew its request for an
administrative review of all 56
1 See Letter from the petitioner, ‘‘Utility Scale
Wind Towers from the People’s Republic of China:
Request for Administrative Review,’’ dated
February 28, 2018.
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 83 FR
16,298 (April 16, 2018).
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17:58 Jun 28, 2018
Jkt 244001
companies.3 No other party requested a
review of the countervailing duty order.
Rescission of Review
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if the party that requested the
review withdraws its request within 90
days of the date of publication of the
notice of initiation of the requested
review. In this case, the petitioner
timely withdrew its request for review
within the 90-day deadline, and no
other party requested an administrative
review of the countervailing duty order.
As a result, pursuant to 19 CFR
351.213(d)(1), we are rescinding the
administrative review of the
countervailing duty order on utility
scale wind towers from China for the
period January 1, 2017, through
December 31, 2017, in its entirety.
Assessment
Commerce will instruct U.S. Customs
and Border Protection (CBP) to assess
countervailing duties on all appropriate
entries. Because Commerce is
rescinding this administrative review in
its entirety, entries of utility scale wind
towers from China during the period
January 1, 2017, through December 31,
2017, shall be assessed countervailing
duties at rates equal to the cash deposit
of estimated countervailing duties
required at the time of entry, or
withdrawal from warehouse, for
consumption, in accordance with 19
CFR 351.212(c)(1)(i). Commerce intends
to issue appropriate assessment
instructions to CBP 15 days after the
publication of this notice in the Federal
Register.
Notification Regarding Administrative
Protective Orders
This notice also serves as a final
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
return or destruction of proprietary
information disclosed under APO, in
accordance with 19 CFR 351.305(a)(3).
Timely written notification of the return
or destruction of APO materials, or
conversion to judicial protective order,
is hereby requested. Failure to comply
with the regulations and terms of an
APO is a violation which is subject to
sanction.
This notice is issued and published in
accordance with sections 751(a)(1) and
777(i)(1) of the Tariff Act of 1930, as
amended, and 19 CFR 351.213(d)(4).
3 See Letter from the petitioner, ‘‘Utility Scale
Wind Towers from the People’s Republic of China:
Withdrawal of Request for Administrative Review,’’
dated May 21, 2018.
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30695
Dated: June 21, 2018.
James Maeder,
Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations performing the duties of Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations.
[FR Doc. 2018–13804 Filed 6–28–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–078]
Large Diameter Welded Pipe From the
People’s Republic of China:
Preliminary Affirmative Countervailing
Duty Determination and Alignment of
Final Determination With Final
Antidumping 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/exporters of large
diameter welded pipe (welded pipe)
from the People’s Republic of China
(China) 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:
Justin Neuman or Benito Ballesteros,
AD/CVD Operations, Office V,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone (202) 482–0486 or
(202) 482–7425, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
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
E:\FR\FM\29JNN1.SGM
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29JNN1
30696
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 at 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
China. 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
I. Interested parties will have the
Preliminary Determinations in the Countervailing
Duty Investigations, 83 FR 13946 (April 2, 2018).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Affirmative Determination of the
Countervailing Duty Investigation of Large Diameter
Welded Pipe from the People’s Republic of China,’’
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
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
In making these findings, Commerce
relied totally on facts available, because
neither the GOC nor any of the selected
mandatory respondent companies
responded to the questionnaire. Further,
because these parties did not act to the
best of their ability to respond to
Commerce’s requests for information,
Commerce drew an adverse inference 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 China
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
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 People’s Republic of China: Request
to Align Countervailing Duty Investigation Final
Determination with Antidumping Duty
Investigation Final Determination,’’ dated June 5,
2018.
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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 the mandatory respondents
as the all-others rate. This method is
consistent with Commerce’s past
practice.10
Preliminary Determination
Commerce preliminarily determines
that the following estimated
countervailable subsidy rates exist:
Company
Hefei Zijin Steel Tube Manufacturing Co .................................
Hefei Ziking Steel Pipe ...............
Panyu Chu Kong Steel Pipe Co.
Ltd ...........................................
All-Others ....................................
Subsidy
rate
(percent)
198.49
198.49
198.49
198.49
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.
10 See e.g., Grain-Oriented Electrical Steel from
the People’s Republic of China: Final Affirmative
Countervailing Duty Determination, 79 FR 59221
(October 1, 2014), and accompanying Issues and
Decision Memorandum at Comment 1.
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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
PO 00000
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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,
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]]>Agencies
[Federal Register Volume 83, Number 126 (Friday, June 29, 2018)]
[Notices]
[Pages 30695-30697]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13567]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-078]
Large Diameter Welded Pipe From the People's Republic of China:
Preliminary Affirmative Countervailing Duty Determination and Alignment
of Final Determination With Final Antidumping 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/
exporters of large diameter welded pipe (welded pipe) from the People's
Republic of China (China) 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: Justin Neuman or Benito Ballesteros,
AD/CVD Operations, Office V, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone (202) 482-0486 or (202) 482-
7425, 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 30696]]
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 at
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 Preliminary
Affirmative Determination of the Countervailing Duty Investigation
of Large Diameter Welded Pipe from the People's Republic of China,''
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
China. 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.
---------------------------------------------------------------------------
In making these findings, Commerce relied totally on facts
available, because neither the GOC nor any of the selected mandatory
respondent companies responded to the questionnaire. Further, because
these parties did not act to the best of their ability to respond to
Commerce's requests for information, Commerce drew an adverse inference
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.
---------------------------------------------------------------------------
\8\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------
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 China
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.
---------------------------------------------------------------------------
\9\ See Petitioners' Letter, ``Large Diameter Welded Pipe from
the People's Republic of China: 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.
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 the
mandatory respondents as the all-others rate. This method is consistent
with Commerce's past practice.\10\
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\10\ See e.g., Grain-Oriented Electrical Steel from the People's
Republic of China: Final Affirmative Countervailing Duty
Determination, 79 FR 59221 (October 1, 2014), and accompanying
Issues and Decision Memorandum at Comment 1.
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Preliminary Determination
Commerce preliminarily determines that the following estimated
countervailable subsidy rates exist:
------------------------------------------------------------------------
Subsidy
Company rate
(percent)
------------------------------------------------------------------------
Hefei Zijin Steel Tube Manufacturing Co..................... 198.49
Hefei Ziking Steel Pipe..................................... 198.49
Panyu Chu Kong Steel Pipe Co. Ltd........................... 198.49
All-Others.................................................. 198.49
------------------------------------------------------------------------
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.
[[Page 30697]]
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.
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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 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.
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. 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
[FR Doc. 2018-13567 Filed 6-28-18; 8:45 am]
BILLING CODE 3510-DS-P
