Large Diameter Welded Pipe From India: Preliminary Determination of Sales at Less Than Fair Value, 43653-43656 [2018-18485]
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Federal Register / Vol. 83, No. 166 / Monday, August 27, 2018 / Notices
Postponement of Final Determination
and Extension of Provisional Measures
Section 735(a)(2) of the Act provides
that a final determination may be
postponed until not later than 135 days
after the date of the publication of the
preliminary determination. The final
determination may be postponed if, in
the event of an affirmative preliminary
determination, exporters, who account
for a significant proportion of exports of
subject merchandise, request a
postponement, or, in the event of a
negative preliminary determination,
petitioners request a postponement.
Section 351.210(e)(2) of Commerce’s
regulations requires that a request by
exporters for postponement of the final
determination be accompanied by a
request for extension of provisional
measures from a four-month period to a
period not more than six months in
duration.
On August 1 and 3, 2015, pursuant to
19 CFR 351.210(e), Hyundai RB and
SeAH, respectively, requested that
Commerce postpone the final
determination and that provisional
measures be extended to a period not to
exceed six months.9 In accordance with
section 735(a)(2)(A) of the Act and 19
CFR 351.210(b)(2)(ii), because: (1) The
preliminary determination is
affirmative; (2) the requesting exporters
account for a significant proportion of
exports of the subject merchandise; and
(3) no compelling reasons for denial
exist, Commerce is postponing the final
determination and extending the
provisional measures from a four-month
period to a period not greater than six
months. Accordingly, Commerce will
make its final determination no later
than 135 days after the date of
publication of this preliminary
determination.
amozie on DSK3GDR082PROD with NOTICES1
International Trade Commission
Notification
In accordance with section 733(f) of
the Act, Commerce will notify the
International Trade Commission (ITC) of
its preliminary determination. If the
final determination is affirmative, the
ITC will determine before the later of
120 days after the date of this
preliminary determination or 45 days
after the final determination whether
these imports are materially injuring, or
threaten material injury to, the U.S.
industry.
9 See Hyundai RB’s Letter, ‘‘Large Diameter
Welded Pipe from the Republic of Korea: Request
to Extend the Deadline for the Final
Determination,’’ dated August 1, 2018; and SeAH’s
Letter, ‘‘Antidumping Duty Investigation of Large
Diameter Welded Pipe from Korea—Request for
Extension of Final Determination,’’ dated August 3,
2018.
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Jkt 244001
Notification to Interested Parties
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act and 19
CFR 351.205(c).
Dated: August 20, 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 antidumping duty
order on welded line pipe from the Republic
of Korea. See Welded Line Pipe from the
Republic of Korea and the Republic of
Turkey: Antidumping Duty Orders, 80 FR
75056 (December 1, 2015). Also excluded
from the scope are any products covered by
the existing antidumping order on welded
ASTM A–312 stainless steel pipe from Korea.
See Welded ASTM A–312 Stainless Steel
Pipe from South Korea: Antidumping Duty
Order, 57 FR 62300 (December 30, 1992).
The large diameter welded pipe that is
subject to this investigation is currently
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43653
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. Period of Investigation
IV. Scope Comments
V. Application of Facts Available and Use of
Adverse Inferences
A. Application of Facts Available
B. Use of Adverse Inference
C. Preliminary Estimated WeightedAverage Dumping Margins Based on
AFA
D. Selection and Corroboration of the AFA
Rate
VI. Discussion of the Methodology
A. Comparisons to Fair Value
B. Determination of Comparison Method
C. Results of the Differential Pricing
Analysis
VII. Date of Sale
VIII. Product Comparisons
IX. Export Price and Constructed Export
Price
X. Normal Value
A. Particular Market Situation
1. Petitioners’ Allegation
2. Analysis
B. Home Market Viability and Selection of
Comparison Market
C. Affiliated-Party Transactions and Arm’sLength Test
D. Affiliation
E. Level of Trade
F. Cost of Production Analysis
1. Calculation of COP
2. Test of Comparison Market Sales Prices
3. Results of the COP Test
G. Calculation of NV Based on Comparison
Market Prices
XI. Currency Conversion
XII. Conclusion
[FR Doc. 2018–18486 Filed 8–24–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–881]
Large Diameter Welded Pipe From
India: Preliminary Determination of
Sales at Less Than Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that large diameter welded pipe (welded
AGENCY:
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Federal Register / Vol. 83, No. 166 / Monday, August 27, 2018 / Notices
pipe) from India is being, or is likely to
be, sold in the United States at less than
fair value (LTFV). The period of
investigation (POI) is January 1, 2017,
through December 31, 2017. Interested
parties are invited to comment on this
preliminary determination.
DATES: Applicable August 27, 2018.
FOR FURTHER INFORMATION CONTACT:
Jaron Moore or Kate Johnson, 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) 482–3640 or (202) 482–4929,
respectively.
SUPPLEMENTARY INFORMATION:
amozie on DSK3GDR082PROD with NOTICES1
Background
This preliminary determination is
made in accordance with section 733(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 June 8, 2018,
Commerce postponed the preliminary
determination of this investigation; the
revised deadline is now August 20,
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
included 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 to all parties in the
Central Records Unit, Room B8024 of
the main Department of Commerce
1 See Large Diameter Welded Pipe from Canada,
Greece, India, the People’s Republic of China, the
Republic of Korea, and the Republic of Turkey:
Initiation of Less-Than-Fair-Value Investigations, 83
FR 7154 (February 20, 2018) (Initiation Notice).
2 See Large Diameter Welded Pipe from Canada,
Greece, India, the People’s Republic of China, the
Republic of Korea, and the Republic of Turkey:
Postponement of Preliminary Determinations in the
Less-Than-Fair Value Investigations, 83 FR 27953
(June 15, 2018).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value Investigation of Large Diameter Welded
Pipe from India’’ dated concurrently with, and
hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Jkt 244001
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 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 investigation, 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 the revised scope in
Appendix I to this notice.
Methodology
Commerce is conducting this
investigation in accordance with section
731 of the Act. Furthermore, pursuant to
section 776(a) and (b) of the Act, we
preliminarily have relied upon facts
otherwise available, with adverse
inferences (adverse facts available or
AFA), for Bhushan Steel (Bhushan) and
Welspun Trading Limited (Welspun),
the respondents selected for individual
examination, for their failure to
cooperate in this investigation. As AFA,
we have preliminarily assigned the only
margin alleged in the Petition of 50.55
percent.7 For a full description of the
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 June 19, 2018 (Preliminary Scope Decision
Memorandum).
7 See Petitioners’ Letter, ‘‘Petitions for the
Imposition of Antidumping and Countervailing
PO 00000
Frm 00021
Fmt 4703
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methodology underlying the
preliminary determination, see the
Preliminary Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A)
of the Act provide that in the
preliminary determination Commerce
shall determine an estimated all-others
rate for all exporters and producers not
individually examined. This rate shall
be an amount equal to the weighted
average of the estimated weightedaverage dumping margins established
for exporters and producers
individually investigated, excluding any
zero and de minimis margins, and any
margins determined entirely under
section 776 of the Act.
In cases where no weighted-average
dumping margins other than zero, de
minimis, or those determined entirely
under section 776 of the Act have been
established for individually examined
entities, in accordance with section
735(c)(5)(B) of the Act, Commerce may
use ‘‘any reasonable method to establish
the estimated all-others rate for
exporters and producers not
individually investigated, including
averaging the estimated weightedaverage dumping margins determined
for the exporters and producers
individually investigated.’’ Our recent
practice in these circumstances is to
average the dumping margins alleged in
the petition and apply the result to ‘‘allother’’ entities not individually
examined. In this investigation,
Commerce has preliminarily determined
the estimated weighted-average
dumping margin for Bhushan and
Welspun entirely under section 776 of
the Act. Therefore, as the ‘‘all-others’’
rate, we are assigning the sole margin in
the Petition, which is 50.55 percent. For
a full description of the methodology
underlying Commerce’s analysis, see the
Preliminary Decision Memorandum.
Preliminary Determination
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist:
Duties: Large Diameter Welded Pipe from Canada,
Greece, India, the People’s Republic of China, the
Republic of Korea, and the Republic of Turkey,’’
dated January 17, 2018 (the Petition), Volume IV,
at 18.
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Federal Register / Vol. 83, No. 166 / Monday, August 27, 2018 / Notices
Estimated
weightedaverage
dumping
margin
(percent)
Exporter/producer
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Bhushan Steel .........................................................................................................................................................
Welspun Trading Limited .........................................................................................................................................
All-Others .................................................................................................................................................................
Commerce will direct CBP to begin
collecting estimated antidumping cash
deposits unadjusted for countervailed
export subsidies at the time the CVD
provisional measures expire. These
suspension of liquidation instructions
will remain in effect until further notice.
Suspension of Liquidation
In accordance with section 733(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 Appendix
I, entered, or withdrawn from
warehouse, for consumption on or after
the date of publication of this notice in
the Federal Register. Further, pursuant
to section 733(d)(1)(B) of the Act and 19
CFR 351.205(d), Commerce will instruct
CBP to require a cash deposit equal to
the estimated weighted-average
dumping margin, or the estimated allothers rate, adjusted for export
subsidies, as follows: (1) The cash
deposit rate for the respondents listed
above will be equal to the companyspecific estimated weighted-average
dumping margins, adjusted for export
subsidies, as determined in this
preliminary determination; (2) if the
exporter is not a respondent identified
above, but the producer is, then the cash
deposit rate will be equal to the
company-specific estimated weightedaverage dumping margin, adjusted for
export subsidies, as established for that
producer of the subject merchandise
and (3) the cash deposit rate for all other
producers or exporters will be equal to
the all-others estimated weightedaverage dumping margin, adjusted for
export subsidies.
Commerce normally adjusts the
estimated weighted-average dumping
margin by the amount of export
subsidies countervailed in a companion
countervailing duty (CVD) proceeding,
when CVD provisional measures are in
effect. Accordingly, where Commerce
preliminarily made an affirmative
determination for countervailable export
subsidies,8 Commerce has offset the
estimated weighted-average dumping
margin by the appropriate CVD rate.
Any such adjusted rates may be found
in the Preliminary Determination
section above.
Should provisional measures in the
companion CVD investigation expire
prior to the expiration of provisional
measures in this LTFV investigation,
Case briefs or other written comments
regarding non-scope issues may be
submitted to the Assistant Secretary for
Enforcement and Compliance no later
than 30 days after the date of
publication of the preliminary
determination. Rebuttal briefs, limited
to issues raised in case briefs, may be
submitted no later than five days after
the deadline date for case briefs.9
Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or
rebuttal briefs on any issues raised in
this proceeding are encouraged to
submit with each argument: (1) A
statement of the issue; (2) a brief
8 See the Preliminary Decision Memorandum for
further discussion.
9 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
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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 this notice of preliminary
determination in the Federal Register,
in accordance with 19 CFR 351.224(b).
However, because Commerce
preliminarily applied AFA to the
mandatory respondents Bhushan and
Welspun in this investigation, and the
applied AFA rate is based solely on the
Petition, in accordance with section 776
of the Act, there are no calculations to
disclose.
Verification
Because none of the mandatory
respondents in this investigation
responded to our requests for
information, verification will not be
conducted.
Public Comment
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Frm 00022
Fmt 4703
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50.55
50.55
50.55
Cash deposit
rate
(adjusted
for export
subsidies
offset)
(percent)
16.85
16.85
16.85
summary of the argument; and (3) a
table of authorities.
Additionally, case briefs regarding
scope issues may be submitted within
10 days after the date of publication of
this notice in the Federal Register.
Rebuttal briefs regarding scope issues,
limited to those issues in the scope case
briefs, may be submitted no later than
five days after the deadline date for
scope case briefs. All scope case and
rebuttal briefs must be filed identically
on the records of this investigation and
the concurrent LTFV and CVD
investigations of welded pipe.
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 the
date, time, and location of the hearing
two days before the scheduled date.
International Trade Commission
Notification
In accordance with section 733(f) of
the Act, Commerce will notify the
International Trade Commission (ITC) of
its preliminary determination. If the
final determination is affirmative, the
ITC will determine before the later of
120 days after the date of this
preliminary determination or 45 days
after the final determination whether
these imports are materially injuring, or
threaten material injury to, the U.S.
industry.
Final Determination
Section 735(a)(1) of the Act and 19
CFR 351.210(b)(1) provide that
Commerce will issue the final
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Federal Register / Vol. 83, No. 166 / Monday, August 27, 2018 / Notices
determination within 75 days after the
date of its preliminary determination.
Accordingly, Commerce will make its
final determination no later than 75
days after the signature date of this
preliminary determination.
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.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act and 19
CFR 351.205(c).
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Application of Facts Available and Use of
Adverse Inference
A. Application of Facts Available
B. Application of Facts Available With an
Adverse Inference
C. Preliminary Estimated WeightedAverage Dumping Margin Based on
Adverse Facts Available
D. Corroboration of Secondary Information
VI. All-Others Rate
VII. Adjustments to Cash Deposit Rates for
Export Subsidies
VIII. Conclusion
Dated: August 20, 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.
amozie on DSK3GDR082PROD with NOTICES1
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,
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17:51 Aug 24, 2018
Jkt 244001
Appendix II
[FR Doc. 2018–18485 Filed 8–24–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
BILLING CODE 3510–13–P
The Department of Commerce will
submit to the Office of Management and
Budget (OMB) for clearance the
following proposal for collection of
information under the provisions of the
Paperwork Reduction Act (44 U.S.C.
Chapter 35).
Agency: National Institute of
Standards and Technology (NIST).
Title: Manufacturing Extension
Partnership Management Information
Reporting.
OMB Control Number: 0693–0032.
Form Number(s): None.
Type of Request: Revision and
extension of an approved information
collection.
Number of Respondents: 51.
Average Hours per Response: 20
Hours for Quarterly Review, 4 Hours for
Semi-Annual Review, 30 hours for the
Annual Review; 80 hours for Panel
Review.
Burden Hours: 5,508 hours for
quarterly, semi-annual and annual
Review; and 1,360 hours for Panel
Review.
Needs and Uses: NIST MEP offers
technical and business solutions to
small- and medium-sized manufacturers
to improve their productivity, improve
profitability, and enhance their
economic competitiveness. This is a
major program which links all 50 states
and Puerto Rico and the manufacturers
through more than 400 affiliated MEP
Frm 00023
Fmt 4703
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Sheleen Dumas,
Departmental Lead PRA Officer, Office of the
Chief Information Officer.
[FR Doc. 2018–18513 Filed 8–24–18; 8:45 am]
Submission for OMB Review;
Comment Request
PO 00000
Centers and Field Offices. NIST MEP
has many legislative and contractual
requirements for collecting data and
information from the MEP Centers. This
information is used for the following
purposes: (1) Program Accountability,
(2) Reports to Stakeholders, (3)
Continuous Improvement; and (4)
Identification of Distinctive Practices.
Affected Public: Business or other forprofit organizations.
Frequency: Quarterly, Semi-Annual,
and Annual Reporting.
Respondent’s Obligation: Required to
obtain or retain benefits.
This information collection request
may be viewed at reginfo.gov. Follow
the instructions to view Department of
Commerce collections currently under
review by OMB.
Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to OIRA_Submission@
omb.eop.gov or fax to (202) 395–5806.
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
Announcing Request for Nominations
for Lightweight Cryptographic
Algorithms
National Institute of Standards
and Technology (NIST), Commerce.
ACTION: Notice.
AGENCY:
SUMMARY: This notice solicits
nominations from any interested party
for candidate algorithms to be
considered for lightweight
cryptographic standards. The
submission requirements and the
minimum acceptability requirements of
a ‘‘complete and proper’’ candidate
algorithm submission, as well as the
evaluation criteria that will be used to
appraise the candidate algorithms, can
be found on the NIST Computer
Security Resource Center website at:
https://csrc.nist.gov/Projects/
Lightweight-Cryptography.
DATES: Proposals must be received on or
before February 25, 2019. Further
details are available at https://
csrc.nist.gov/Projects/LightweightCryptography.
Algorithm submission
packages should be sent to Dr. Kerry
ADDRESSES:
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]]>Agencies
[Federal Register Volume 83, Number 166 (Monday, August 27, 2018)]
[Notices]
[Pages 43653-43656]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18485]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-881]
Large Diameter Welded Pipe From India: Preliminary Determination
of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that large diameter welded pipe (welded
[[Page 43654]]
pipe) from India is being, or is likely to be, sold in the United
States at less than fair value (LTFV). The period of investigation
(POI) is January 1, 2017, through December 31, 2017. Interested parties
are invited to comment on this preliminary determination.
DATES: Applicable August 27, 2018.
FOR FURTHER INFORMATION CONTACT: Jaron Moore or Kate Johnson, 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) 482-3640 or (202)
482-4929, respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(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 June 8, 2018, Commerce postponed the preliminary
determination of this investigation; the revised deadline is now August
20, 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 included 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 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 Canada, Greece, India,
the People's Republic of China, the Republic of Korea, and the
Republic of Turkey: Initiation of Less-Than-Fair-Value
Investigations, 83 FR 7154 (February 20, 2018) (Initiation Notice).
\2\ See Large Diameter Welded Pipe from Canada, Greece, India,
the People's Republic of China, the Republic of Korea, and the
Republic of Turkey: Postponement of Preliminary Determinations in
the Less-Than-Fair Value Investigations, 83 FR 27953 (June 15,
2018).
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Less-Than-Fair-Value 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. For a summary of the product coverage comments
and rebuttal responses submitted to the record for this investigation,
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 the revised scope in Appendix I to this notice.
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\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 June 19, 2018
(Preliminary Scope Decision Memorandum).
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Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Furthermore, pursuant to section 776(a) and (b)
of the Act, we preliminarily have relied upon facts otherwise
available, with adverse inferences (adverse facts available or AFA),
for Bhushan Steel (Bhushan) and Welspun Trading Limited (Welspun), the
respondents selected for individual examination, for their failure to
cooperate in this investigation. As AFA, we have preliminarily assigned
the only margin alleged in the Petition of 50.55 percent.\7\ For a full
description of the methodology underlying the preliminary
determination, see the Preliminary Decision Memorandum.
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\7\ See Petitioners' Letter, ``Petitions for the Imposition of
Antidumping and Countervailing Duties: Large Diameter Welded Pipe
from Canada, Greece, India, the People's Republic of China, the
Republic of Korea, and the Republic of Turkey,'' dated January 17,
2018 (the Petition), Volume IV, at 18.
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All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in
the preliminary determination Commerce shall determine an estimated
all-others rate for all exporters and producers not individually
examined. This rate shall be an amount equal to the weighted average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated, excluding any zero
and de minimis margins, and any margins determined entirely under
section 776 of the Act.
In cases where no weighted-average dumping margins other than zero,
de minimis, or those determined entirely under section 776 of the Act
have been established for individually examined entities, in accordance
with section 735(c)(5)(B) of the Act, Commerce may use ``any reasonable
method to establish the estimated all-others rate for exporters and
producers not individually investigated, including averaging the
estimated weighted-average dumping margins determined for the exporters
and producers individually investigated.'' Our recent practice in these
circumstances is to average the dumping margins alleged in the petition
and apply the result to ``all-other'' entities not individually
examined. In this investigation, Commerce has preliminarily determined
the estimated weighted-average dumping margin for Bhushan and Welspun
entirely under section 776 of the Act. Therefore, as the ``all-others''
rate, we are assigning the sole margin in the Petition, which is 50.55
percent. For a full description of the methodology underlying
Commerce's analysis, see the Preliminary Decision Memorandum.
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
[[Page 43655]]
------------------------------------------------------------------------
Cash deposit
Estimated rate (adjusted
weighted- for export
Exporter/producer average subsidies
dumping margin offset)
(percent) (percent)
------------------------------------------------------------------------
Bhushan Steel........................... 50.55 16.85
Welspun Trading Limited................. 50.55 16.85
All-Others.............................. 50.55 16.85
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Suspension of Liquidation
In accordance with section 733(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 Appendix I, entered,
or withdrawn from warehouse, for consumption on or after the date of
publication of this notice in the Federal Register. Further, pursuant
to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will
instruct CBP to require a cash deposit equal to the estimated weighted-
average dumping margin, or the estimated all-others rate, adjusted for
export subsidies, as follows: (1) The cash deposit rate for the
respondents listed above will be equal to the company-specific
estimated weighted-average dumping margins, adjusted for export
subsidies, as determined in this preliminary determination; (2) if the
exporter is not a respondent identified above, but the producer is,
then the cash deposit rate will be equal to the company-specific
estimated weighted-average dumping margin, adjusted for export
subsidies, as established for that producer of the subject merchandise
and (3) the cash deposit rate for all other producers or exporters will
be equal to the all-others estimated weighted-average dumping margin,
adjusted for export subsidies.
Commerce normally adjusts the estimated weighted-average dumping
margin by the amount of export subsidies countervailed in a companion
countervailing duty (CVD) proceeding, when CVD provisional measures are
in effect. Accordingly, where Commerce preliminarily made an
affirmative determination for countervailable export subsidies,\8\
Commerce has offset the estimated weighted-average dumping margin by
the appropriate CVD rate. Any such adjusted rates may be found in the
Preliminary Determination section above.
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\8\ See the Preliminary Decision Memorandum for further
discussion.
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Should provisional measures in the companion CVD investigation
expire prior to the expiration of provisional measures in this LTFV
investigation, Commerce will direct CBP to begin collecting estimated
antidumping cash deposits unadjusted for countervailed export subsidies
at the time the CVD provisional measures expire. These suspension of
liquidation instructions will remain in effect until further notice.
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 this notice of
preliminary determination in the Federal Register, in accordance with
19 CFR 351.224(b). However, because Commerce preliminarily applied AFA
to the mandatory respondents Bhushan and Welspun in this investigation,
and the applied AFA rate is based solely on the Petition, in accordance
with section 776 of the Act, there are no calculations to disclose.
Verification
Because none of the mandatory respondents in this investigation
responded to our requests for information, verification will not be
conducted.
Public Comment
Case briefs or other written comments regarding non-scope issues
may be submitted to the Assistant Secretary for Enforcement and
Compliance no later than 30 days after the date of publication of the
preliminary determination. Rebuttal briefs, limited to issues raised in
case briefs, may be submitted no later than five days after the
deadline date for case briefs.\9\ Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or rebuttal briefs on any issues
raised in this proceeding 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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\9\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
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Additionally, case briefs regarding scope issues may be submitted
within 10 days after the date of publication of this notice in the
Federal Register. Rebuttal briefs regarding scope issues, limited to
those issues in the scope case briefs, may be submitted no later than
five days after the deadline date for scope case briefs. All scope case
and rebuttal briefs must be filed identically on the records of this
investigation and the concurrent LTFV and CVD investigations of welded
pipe.
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 the date, time, and
location of the hearing two days before the scheduled date.
International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the International Trade Commission (ITC) of its preliminary
determination. If the final determination is affirmative, the ITC will
determine before the later of 120 days after the date of this
preliminary determination or 45 days after the final determination
whether these imports are materially injuring, or threaten material
injury to, the U.S. industry.
Final Determination
Section 735(a)(1) of the Act and 19 CFR 351.210(b)(1) provide that
Commerce will issue the final
[[Page 43656]]
determination within 75 days after the date of its preliminary
determination. Accordingly, Commerce will make its final determination
no later than 75 days after the signature date of this preliminary
determination.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: August 20, 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. Period of Investigation
IV. Scope Comments
V. Application of Facts Available and Use of Adverse Inference
A. Application of Facts Available
B. Application of Facts Available With an Adverse Inference
C. Preliminary Estimated Weighted-Average Dumping Margin Based
on Adverse Facts Available
D. Corroboration of Secondary Information
VI. All-Others Rate
VII. Adjustments to Cash Deposit Rates for Export Subsidies
VIII. Conclusion
[FR Doc. 2018-18485 Filed 8-24-18; 8:45 am]
BILLING CODE 3510-DS-P
